Court : Allahabad
Decided on : May-25-1973
Reported in : AIR1973All523
..... revisional order of the district judge could be subjected to a further revision before the high court. it thus became necessary to further amend section 115, civil procedure code. by section 6 of the u. p. act no. 37 of 1972 the revisional power of the high court is confined to cases arising out of original suit of the value of ..... filed in the state of uttar pradesh he may be totally deprived of his right to approach to superior court in revision. the discrimination resulting from section 6 of the amending act renders that provision ultra vires as being violative of article 14 of the constitution. 5. the delay in disposal of suits and the huge accumulation of ..... with material irregularity, the high court or the district court may make such order in the case as it thinks fit.' 4. it was contended that section 6 of the amending act results in discrimination and is ultra vires of the constitution being violative of article 14 thereof. it was urged that suits valued at less than twenty thousand .....
Tag this Judgment!Court : Chennai
Decided on : Aug-20-1973
Reported in : AIR1975Mad157
..... minor son and mother respectively of the deceased are his dependents and, therefore, they are entitled to compensation for loss of benefit as contemplated under section 1-a of the fatal accidents act. they can also claim loss to the estate of the deceased as his legal representatives but in cases where the compensation for loss to the ..... . such loss could be recovered by the legal representatives of the deceased by virtue of the legal representatives suits act (act xii of 1955). if there is a claim for compensation under section 1-a of the fatal accidents act (act xii of 1855), a claim relating to the loss to the estate can also be inserted in that claim ..... by virtue of section 2 of the fatal accidents act. regarding motor accidents, the claims tribunal constituted under the motor vehicles act takes the place of the civil court and in a claim petition under section 110-a of the motor vehicles act, compensation for loss of benefit as well as that for .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-01-1973
Reported in : [1974]97ITR24(Bom)
..... asset or any new or fresh advantage. according to him the repairs executed during the relevant accounting periods constituted permissible deductions wither under section 10(2)(v) or section 12(2) of the act for the respective assessment years. in the appeal preferred by the revenue the income-tax appellate tribunal partially allowed the appeal. the ..... tribunal took the view that the provisions of section 12 of the act alone were applicable; that part of the expenditure incurred was of a revenue nature and the remaining part was of a capital nature being in ..... plastering work carried out in the godowns. according to him during both the relevant years the repairs executed were permissible deductions either under section 10(2)(v) or section 12(2) of the act. 12. in the appeal by the revenue before the tribunal the various items specified in the second schedule to the indenture of lease .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-23-1973
Reported in : AIR1974AP303
..... out the material change for the claim of maintenance. hence, it admits of no doubt that enhanced maintenance due to change in the circumstances is permissible under section 25 of the act. we are fortified in this view of ours by the decision of a division bench of this court in chimalakonda ambayamma v. chimalakonda ganapathi, : air1969ap213 ..... ) and kameswaramma v. thammanna, (1939) 2 mad lj 460 = (air 1939 mad 798). but , however, this legal position has been altered by the enactment of section 25 of the act, which reads thus :-'the amount of maintenance, whether fixed by a decree of court or by agreement either before or after the commencement of this ..... act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.'section 25 entitles a maintenance holder to claim enhanced rate of maintenance if there is a material change in the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-1973
Reported in : AIR1973All452
..... of vesting. they being hereditary tenants on the date immediately preceding the date of vesting (30th june. 1952), acquired sirdari rights under section 19 of the zamindari abolition act.10. section 180 of the tenancy act is not confined to cases where the land-holder is a male. it operates irrespective of the sex of the land-holder., the plaintiff ..... of an intermediary's grove-land; (b) a sub-tenant of grove-land; (c) a sub-tenant referred to in the proviso to sub-section (3) of section 27 of the united provinces tenancy (amendment) act. 1947; (d) a mortgagee in actual possession from a person belonging to any of the classes mentioned in clauses (b) to (e) ..... to recover possession was barred by limitation. since the defendants were in occupation as trespassers the tenant could recover possession only by a suit under section 180 (1) of the u. p. tenancy act. after the expiry of the period prescribed for such a suit, the tenants' right to recover possession was barred by limitation and, so, .....
Tag this Judgment!Court : Delhi
Decided on : Apr-06-1973
Reported in : 9(1973)DLT529
..... petitioners lastly urged that the notification amending the rate of terminal tax on item no. 16 of class i of tenth schedule of the act has not been placed before parliament. but section 479 of the act requires only the rules to be placed before parliament. it does not reqwire the notification amending the rates of terminal tax on the items ..... in chandra pal singh v municipal board of jahangira bad, the transit pass rules authorising the levy of toll or octroi were framed under section 396 of the u. p. municipalities act, 1961. though the act was silent as to the levy of these imposts the rules authorised the levy and the levy was held to be valid by a learned ..... ltd. v. state of rajasthan however, it was recognised that the power to make. such rules was derived under section 6 read with section 112 of the factories act (per wanchoo c. j. and modi.j.), since, however, no reference to section 6 is made in the supreme court decision, it cap be taken to be an authority for the proposition that .....
Tag this Judgment!Court : Kerala
Decided on : Feb-09-1973
Reported in : AIR1973Ker226
..... in other words any motion made to a court seeking to invoke its inherent powers would not be limited by a period of limitation prescribed under the limitation act.4. section 151 of the code of civil procedure saves the inherent power of the court. it says-'nothing in this code shall be deemed to limit or otherwise ..... urged and which according to me is substantial. new terms had been incorporated in the limitation act. 1963 in the definition section. i am referring to sections 2 (a) and 2 (b). section 2 (a) defines the term 'applicant' and that includes a petitioner and section 2 (b) defines the term 'application' and that includes a petition-apparently this may ..... , c. j., said-'but the question is whether an application invoking the inherent power of the court under section 151 of the civil procedure code, for payment out is governed by article 18l of the limitation act, 1908. in terms. section 151 of the code does not confer on the court any power as such. it merely declares the inherent .....
Tag this Judgment!Court : Kerala
Decided on : Mar-02-1973
Reported in : AIR1973Ker273
..... is accepted by a court notwithstanding that finding the respondent against whom that finding has been entered, can claim, as of right, to be awarded maintenance under section 25 of the act'the learned judge answered the above question thus:'in my opinion, if a subsequent conduct of the wife who has become unchaste can form the basis, for ..... separation proceedings regarding the unchastitv of the wife must and should be taken into account even in the first instance, when an order is being passed under section 25(1) of the act. otherwise it will lead, in my opinion, to a very incongruous situation namely that it is only when a wife becomes unchaste after the award of ..... the parties to the marriage to live apart and it shall no longer be obligatory for either party to cohabit with the other. this is clear from section 10(2) of the act which reads:'where a decree for judicial separa-tion has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-05-1973
Reported in : AIR1975All11
..... the disputed well to plot no. 218 and upto decree holders' plot no. 221 and also demolished the stone pillars etc. of the well. it was also held that these acts amounted to interference with decree-holder's right to irrigate their plots in question and it amounted to disobedience of decree for prohibitory injunction. on these findings the appeal was ..... , (1906) ilr 28 all 300, and ram saran v. chatar singh, (1901) ilr 23 all 465). the controversy has now been set at rest by the limitation act, 1963. article 135 of the new act prescribes a period of limitation of three years for an application for enforcement of a decree granting a mandatory injunction whereas the proviso to article 136 expressly .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1973
Reported in : AIR1974All44
..... apply if a revision petition presented by an unsuccessful party in a claim proceeding is rejected by the superior court. if the high court in exercise of its powers under section 115, civil p. c. refuses to interfere in a claim case, it merely amounts to an abstention from exercising jurisdiction and the final order that remains subsisting is ..... with the original decision.' 6. similarly, it was held by a full bench of the travancore-cochin high court that for a suit under article 11-a, limitation act, time runs from the date of the order of the execution court rejecting objection to delivery and not from the date of the order passed on an infructuous and incompetent ..... period of limitation. 4. the learned counsel for the parties were heard at length and my attention was drawn not only to the provisions of article 98 of the limitation act, specially, the words 'final order' but also to the observations made by the travancore-cochin high court in the case reported in air 1955 trav co 51 (govinda .....
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