Court : Punjab and Haryana
Decided on : Feb-11-2003
Reported in : (2003)134PLR371
..... on his behalf.2. brief facts of the case, which are necessary to decide the controversy raised are that the landlord-respondent filed an ejectment petition under section 13 of the act, alleging that sukhdev chand, deceased (now represented by his legal representatives for brevity to be referred as tenant-petitioner) had taken the shop on rent from ..... xx xx xx in our opinion, the denial or disclaimer to be relevant for the purpose of section 12(1)(c) should take colour from section 116 of the evidence act and section 111(g) of the transfer of property act. section 116 of the evidence act embodies therein a rule of estoppel. no tenant of immovable property, or person claiming through such ..... tenancy premises at the beginning of the tenancy so far as the tenant is concerned. it is significant to note that on the phraseology of section 116 of the evidence act the rule of estoppel applies so long as the tenancy is not terminated and the rule estops the tenant from laying challenge to the ownership .....
Tag this Judgment!Court : Chennai
Decided on : Jan-10-2003
Reported in : 2003(1)CTC259; I(2003)DMC668; (2003)2MLJ148
..... to be judged not from a solitary incident, but on an overall consideration of all relevant circumstances. ' 19. clause (i-a) of sub-section (1) of section 13 of the act is comprehensive enough to include cases of physical as also mental cruelty. it was formerly thought that actual physical harm or reasonable apprehension of it was ..... parties, their status, environment and social values, as also the customs and traditions governing them. 17. this court, construing the question of mental cruelty under section 13(1)(i-a) of the act, in the case of g.v.n. kameswara rao vs. g. jabilli observed: (scc pp.303-304, para 12). '12. the court has ..... mehta vs. inderjit mehta reported in : which supports the stand taken by the husband. their lordships after referring 'treating the petitioner with cruelty' in section 13(1)(i-a) of the act have concluded, '14. ........ under the statutory provision, cruelty includes both physical and mental cruelty. the legal conception of cruelty and the kind of degree .....
Tag this Judgment!Court : Chennai
Decided on : Apr-25-2003
Reported in : 2005ACJ149; (2003)IIILLJ111Mad; (2003)2MLJ352
..... capacity is a question of fact and the same depends upon the factual materials placed before the authority. in the light of the first proviso to section 30 of the act, we do not find any substantial question of law for interference in these appeals. we have already referred to the fact that the appellant has not ..... factors. 17. where the commissioner has to deal with cases of permanent partial disablement inflicted by injuries which are not scheduled, the provisions of section 4(1)(c)(ii) of the act are attracted, and the commissioner has to assess the compensation in terms of those provisions. in assessing the compensation in such cases, the most ..... the first respondent in each appeal. 5. the learned counsel for the appellant has raised the only contention that in the light of section 4 of the workmen's compensation act 1923 (in short 'the act'), the assessment and the ultimate determination of compensation arrived at by the deputy commissioner, cannot be sustained. according to him, the .....
Tag this Judgment!Court : Chennai
Decided on : Dec-02-2003
Reported in : AIR2004Mad161; (2004)1MLJ116
..... enactment means an action or that which initiates an action and in other enactment it may also mean a step in an action...... the word 'any proceeding' in section 69 of the judicature act, 1878, was understood to be equivalent to any action. out in the rules of the supreme court. order 64. rule 13, 'proceeding' is used as ..... is crystal clear. those orders, which are interim in nature, cannot be the subject matter of revision under section 115. there is marked distinction, in language of section 97 of the old amendment act and section 32(2)(i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before the amendment came ..... of cpc. now, f proceed to consider as to whether revision is maintainable as per the amended act no. 46/1999 with effect, from 1-7-2002 in section 115, ipc.18. section 115 of cpc reads as follows :section 115 (before amendment) : (1) the high court may call for the record of any case which has been decided by .....
Tag this Judgment!Court : Karnataka
Decided on : May-28-2003
Reported in : ILR2003KAR2682; 2004(3)KarLJ122
..... the land for a different purpose than what is mentioned in the odp, he has to apply and obtain permission from the planning authority under section 14a of the act which reads section 14a change of land use from the outline development plan(i) at any time after the date on which the outline development plan for an ..... annexure h is quashed and the planning authority is directed to dispose of the application filed by 3rd land 4th respondents for change of land use under section 14a of the act after hearing the petitioners and such other residents of the locality who have already filed objections. until the said application is decided, the 3rd and ..... purpose of putting up a college. the 3rd respondent has also clearly understood this position of law when he made the application under section 14a of the planning act. as required under the said section, planning authority published the contents of the application on 5.6.2002 in local dailies and inviting objections. the residents of the locality .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-12-2003
Reported in : (2003)185CTR(Kar)15
..... shall be deductible from the income, under the respective heads, of the credit institution assessable for that assessment year; and also the provision made under section 26c of the act to pass on the interest-tax paid by the credit institution to its customers notwithstanding the agreement made fixing the rate of interest, supports the ..... that the appellant having failed to place any material to show that the provisions in question are either arbitrary, unreasonable or discriminatory in nature, and since section 26c of the act provides for the assessee, viz., the credit institutions, to pass on the interest-tax payable by it to the borrowers of the terms loan; ..... tax is sought to be levied on them uniformly. elaborating this submission, the learned counsel pointed out that all the credit institutions defined under section 2(5a) of the act are not similarly situated and there are big financial institutions like state bank of india where large deposits are accounted for by the current account .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-17-2003
Reported in : (2004)187CTR(Kar)428; ILR2004KAR482; [2004]267ITR29(KAR); [2004]267ITR29(Karn)
..... on such examination if the revisional authority is satisfied that the appellate authority has failed to exercise the power conferred on it under sub-section (5) of section 32 of the act either by annulling the order of assessment of enhancing the tax levied by the original authority while considering the appeal filed by the assessee ..... of assessment and direct the assessing authority to make a fresh assessment, after such further enquiry, as may be directed. therefore, reading of sub-section (5) of section 32 of the act does not give scope for any doubt that very wide power is conferred on the appellate authority and it is competent to modify, confirm, reduce ..... out that even if the portion of the original order was appealed against, since the entire matter was before the appellate authority; and sub-section (2) of section 35 of the act empowers the appellate authority to modify the order of the assessing authority to the extent it is erroneous and prejudicial to the interest of revenue, .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-2003
Reported in : 2004(2)AWC1247; (2002)1UPLBEC787
..... , kumbhar and muslim castes which are backward classes and thus the quota of reservation was followed. he further submits that sub-section (1b) of section 34 read with sub-section (4) of the act does not apply to cancel or restrict any resolution or order of the board, which has exhausted in itself and has relied ..... to the manner, method and procedure of appointment, which are the conditions of service and are subject to directions issued by the state government under section 71 of the act. although the local bodies such as municipalities have been given functional autonomous, they are still dependent upon the financial grants received from the state government ..... local bodies to make any recruitment from open market without prior approval of the state government. it is submitted by him that section 34 (1b) read with section 71 of the act authorises the state government to cancel any appointment made against the directions issued by the state government. whereas the selection and appointment .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2003
Reported in : AIR2003MP117; 2003(2)MPLJ86
..... of the plaintiff.28. it be seen before the enactment of the present specific relief act, 1963, the earlier specific relief act of 1877 was in force. the equivalent section of section 16 of the present act was section 24 of the old act which reads as under :--personal bars to the relief : 24. specific performance of a ..... directed by the court :(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction. section 19 of the act pertains the relief which the parties are entitled, which reads as under :--19. relief against parties and persons claiming under them by subsequent title.-- ..... contracts cannot be specifically enforced, namely :--(a) a contract for the non-performance of which compensation is an adequate relief;(b) to (d) ............... section 16 of the act relates to personal bars to relief, which reads as under :--16. personal bars to relief.--specific performance of a contract cannot be enforced in favour of .....
Tag this Judgment!Court : Orissa
Decided on : Feb-11-2003
Reported in : AIR2003Ori149; 2003(I)OLR508
..... to that extent the law made by the state legislature shall not be enforceable. therefore, on a comparison of section 115, c.p.c. after the aforesaid amendment in the year 1999 and the orissa amendment act of section 115 which has been made in the year 1991, this court finds that though the orissa amendment is enforceable ..... already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the high court under section 115 of the code of civil procedure, 5 of 1908, prior to the commencement of this act shall, notwithstanding such amendment, continue to be heard and decided by such court.' 6. it be borne in ..... ) has taken effect, and without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897.-- (a) to (h) .. ..(i) the provisions of section 115 of the principal act, as amended by section 12 of this act, shall not apply to or affect any proceeding for revision which had been finally disposed of.(j) to (v) .. .. .....
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