Court : Supreme Court of India
Decided on : Nov-30-1973
Reported in : AIR1974SC471; (1974)1SCC242; [1974]2SCR544
..... compromise agreement, itself. admissions, if true and clear, are by far the best proof of the facts admitted. admissions in pleadings or judicial admissions, admissible under section 58 of the evidence act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admissions. the former class of ..... of the decree, but accepted the other objection holding that the decree was void because 'the court did not apply its mind while allowing it under section 13(1)(j), rent act'. with regard to the second ground it was said that it had ceased to exist because 'under the terms of compromise the default in payment of ..... that this memo of compromise is executable as a decree of court.25. the court, after referring to the petition of the landlord being under section 10(3)(a)(i), of the act on the ground of his own occupation, passed the following order :compromise memo filed and recorded. by consent eviction is ordered granting time to vacate .....
Tag this Judgment!Court : Delhi
Decided on : May-25-1973
Reported in : ILR1974Delhi311
..... when it found that any textile undertaking was being managed in a manner highly detrimental to it or to public interest was to take action under section 18a of act of 1951. but experience was show ing that this remedy was not enough to meet the problem and that some radical measures were necessary to meet ..... made after investigation by any person or body of persons appointed after the 1st day of january, j970 under section 15 or section 15a of the industries (development and regulation) act 1951) taken over under section 18a of that act, but ]n relation to which no notified order authorising any person or body of persons to take over the ..... by an order dated 27-5-1971 the ministry of industrial development and internal trade (department of industrial development). new delhi, appointed a committee under section 15 of the act of 1951 for making full and complete investigation into the affairs of the petitioner undertaking.(13) the order reads as follows whereas the central government is .....
Tag this Judgment!Court : Delhi
Decided on : Dec-03-1973
Reported in : AIR1974Delhi159; ILR1974Delhi443
..... what portion thereof is allotted or reserved for a road. (14) resuming the narration of the provisions of the development act, we come next to section 9 sub-section (1) whereof provides that in this section and in sections 10, 11, 12 and 14, the word 'plan' means the master plan as well as the zonal development plan ..... corporation to construct a residential building and changes the user thereof, he can be prohibited from doing so under section 347 of the municipal act. contravention of any provision of any section of the municipal act is punishable under section 461. it cannot, thereforee, be said that the owner or occupier of a building has a license to ..... of the evidence. as a result of the consideration of the evidence, the conclusion would be whether the petitioners have committed the offences punishable under section 29(2) of the act or not. this is essentially the function of the ordinary criminal court. there is absolutely no justification why such ordinary criminal cases should not .....
Tag this Judgment!Court : Delhi
Decided on : May-09-1973
Reported in : 10(1974)DLT35; ILR1973Delhi644
..... appointed as lambardars by the trust, became officers of the authority. not only this, it was submitted, by virtue of clause (d) to subsection (2) of section 60 of the act, all properties movable and immovable vesting in the delhi improvement trust or the delhi development (provisional) authority shall be deemed to vest in the authority. further, all ..... respondents could, thereforee, be recovered by the trust as if it was an arrear of land revenue in accordance with the provisions of sub-section (1) of section 54-b of the improvement act. (28) it was further submitted that with a view to provide for the development of delhi according to plan and for matters ancillary thereto ..... this brings one to the second part of the submission as to whether the amounts due could be recovered as arrear of land revenue. sub-section (1) to section 54-a of the improvement act envisaged that the government may, upon such terms as may be agreed upon between the government and the trust, place at the disposal of .....
Tag this Judgment!Court : Delhi
Decided on : Nov-05-1973
Reported in : 1974CriLJ1140; ILR1974Delhi295; 1974RLR167
..... of which evidence is or may be legally taken on oath.'(5) the proceedings in question were under sub-section (4) of section 38 of the act. section 38 provides for an appeal before the tribunal. sub-section (3) of this section lays down that the tribunal shall have all the powers vested in a court under the code of civil ..... such a situation, that a sales-tax officer also performed quasi-judicial function, it was held not enough to make it a 'court'. section 7 of this act was specifically noticed. this section provided that if the sales-tax officer after making such enquiries as he thinks necessary was satisfied that a return made is correct and complete ..... division bench of this court in ram nath monga v. hem chand . proceedings in this case were before a controller acting under the rent act. the bench held that the controller acting under the act was a 'court' under section 195(1)(b) of the code of criminal procedure. the considerations that led to this conclusion were the same which .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-18-1973
Reported in : [1974]44CompCas517(Guj); (1975)0GLR193
..... , some preference is given to the goivernment in collection of its dudes. viewing it form this angle the special procedure prescribed in revenue recovery act as well as section 117 of the bombay land revenue code was held valid and not offending the vice of discrimination under article 14 of the constitution of india. ..... granted priority in payment, it would be highly discriminatory and inconsistent with the doctrine of pair pass distribution of assets of an insolvent company statutorily reecognised in section 511of the companies act. 10. a few illustrative cases can be examined here. in re dehra dun mussoorie tramway co. ltd. (1) [1931] 1 comp. cas. ..... commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund. section 3(31) of the general clauses act, 1897, defines 'local authority' to mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-25-1973
Reported in : [1987]165ITR195(Guj)
..... bombay in volkart brothers v. ito : [1967]65itr179(bom) . the main question in that case before the division bench of the bombay high court was whether section 17(1) of the act of 1922 applied to the case of a registered non-resident firm the difficulties and hardships which were likely to arise by holding that capital gains could be ..... company, in respect of long-term capital gains also came to an end with effect from april 1, 1968. 16. we may also point out that under section 182 of the act of 1961, in the case of a registered firm, after assessing the total income of the firm, the income-tax payable by the firm itself shall be determined ..... development to its further development with effect from april 1, 1968, as a result of the provisions of the finance (no. 2) act, 1967, section 114 was omitted and in its place section 80t was inserted. under section 80t which thus came into effect from april 1, 1968, where the gross total income of an assessee not being a company includes any .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-19-1973
Reported in : (1973)1GLR960
..... specific delivery contracts for speculative purposes and how and why the commission recommended to the central government to issue such a notification under section 18(3) of the act in respect of non-transferable specific delivery contracts in mustardseed and groundnut and groundnut oil. by the letter, dated december 14, 1964 ..... contracts in all varieties of mustardseed within the state of punjab should be prohibited by issuing a, notification under section 18(3) of the forward contracts (regulation) act, applying section 17 of the act to non-transferable specific delivery contracts in mustardseed and thus forward trading in mustardseed would come to an end. ..... to the government that non-transferable specific delivery contracts in cottonseed alongwith some other commodities should be regulated and the appropriate notification under section 13(3) of the act should be issued. in paragraph 7 of the letter, dated september 11, 1964, the commission recommended to the central government that .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-03-1973
Reported in : AIR1973Bom262; 1973MhLJ451
..... of the jahagirdar; they were not in actual possession thereof but the defendant no.1, who being in possession had become the occupant under the provisions of section 68 of the act. the land was put to partition amongst the defendants and fell to the share of defendants nos. 2 to 4, and the state further recognised the right ..... by a sale deed. upon that he further held that the transfer made by umabai would be void.14. the learned single judge further considered whether section 43 of the transfer of property act was available to the transferee and answered it in the negative.15. then the question as to whether the property being inam property, and not ..... , we are not inclined to enter upon the question whether the transfer admittedly made in favour of the defendant no.1 was void or violable or section 43 of the transfer of property act is attracted.35. in the result, therefore, this appeal would be allowed and the suit of the plaintiffs would stand dismissed. the cross-objection filed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1973
Reported in : AIR1973SC2427; 1973CriLJ1614; (1974)3SCC412; 1973(5)LC664(SC)
..... less serious offences by providing for dealing with them more leniently with a view to their reformation. under section 3, 4 or 6 of the act as the case may be. an offence punishable under section 326, i.p.c. or under sections 326/34, i.p.c. is indisputably punishable with imprisonment for life. the benefit of the ..... for life. this act is intended to carry out the object of keeping away from the unhealthy atmosphere ..... crime. his conviction was also in the circumstances, converted into one under section 326, i.p.c. and the sentence reduced to rigorous imprisonment for six months.4. how, both sections 4 and 6 of the act clearly provide that the benefit of these sections is not available to persons found guilty of an offence punishable with imprisonment .....
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