Court : Karnataka
Reported in : AIR1971Kant324; AIR1971Mys324; (1971)1MysLJ535
..... in allotment of sites in the lay-outs that may later be formed by the trust board in such land or lands, and persons who do not join in such ..... kethamaranahalli, which was one of the several survey numbers acquired for an improvement scheme of the trust board under the final notification dated 18-11-1967 issued under section 18 of the city of bangalore improvement act, 1945, (hereinafter referred to as the act). ..... if the expression 'applicants whose lands or houses have been acquired by the board' is construed literally so as to include persons who acquire ownership of lands or houses after the same have been included in a preliminary notification under section 4 of the land acquisition act or under section 16 of the act, or in a final notification under section 6 of the land acquistion act or section 18 of the act there will be a scramble to purchase sites in a land or lands included in a preliminary or final notification in order to claim preferential treatment ..... thebangalore city improvement trust board (hereinafter referred to as the trust board) formed a lay-out called 'the west of chord road, ii stage lay-out' .....
Tag this Judgment!Court : Delhi
Reported in : [1971]41CompCas643(Delhi); ILR1971Delhi462
..... , which in the light of the facts and circumstances of that case, would persuade the board to the; view that the remuneration payable to him should be something less than that is allowed by sections 198 and 309, then perhaps an argument may possibly be raised that due to the particular reasons ..... it has not left anything to be done regarding such remuneration by the government or the board except when the remuneration is to be enhanced above the statutory limits under the provisos to section 198(4) ..... questions arise for our consideration, namely:- (1) whether the administrative ceiling imposed by the board on 28-9-1967 on the remuneration payable to the managing directors by the company is ultra virus or illegal and (2) whether the refusal by the board to enhance the remuneration of the managing directors above the ceiling of rs. ..... per annum in the year of loss is also challenged by the company on the grounds that an adequate hearing was not given to the company and the board did not pass a speaking order in turning down the request of the company. ..... words of justice holmes 'a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way' (in the present case the legal way of amending the companies act). ..... question whether an approval should be given and if so on what conditions it should be given would have to be determined by the board under section 269 entirely according to the facts of the particular case. .....
Tag this Judgment!Court : Chennai
Reported in : (1971)2MLJ502
..... ' it is hardly necessary to emphasise that both the acts of 151 and 1955, have been enacted in the interests of the general public to improve the social economy and welfare of the country and that the predominant object is brought out and manifested by the use of the expression ' secure the equitable distribution and ..... they are authorities for the limited proposition that if the is an order like the standing orders of the board of revenue, the provisions thereof, so long as they are in force, are binding upon the government and the subjects alike, and the government cannot exercise powers or pass any orders contrary to ..... 1934, in which a wholesale milk dealer questioned the order of the new york milk control board, limiting the price of milk to be charged by the dealers to their customers and the price to be paid by, the dealers ..... does not mean that the government cannot enact amendment of the board's standing orders, completely, substituting new provisions. ..... be referred to, in which the milk control board's order fixing milk prices was questioned. ..... narayanan, secretary to the board of chettinad cement corporation, as a counter to the affidavit ..... the more, significant because, according to official records the spread, has been increased, instead of being diminished, through the operation of control --report of the milk control board, march, 1934, pages 17, 18. ..... to infer from these fragmentary data that there has been anything perverse or arbitrary in the action of the board. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1971WLN213
..... delhi improvements trust : [1957]1scr1 regarding the import of the word 'vest' and the terms of the notification dated 8-10-59 issued in exercise of the powers conferred by section 102-a of the land revenue act, we have been persuaded to take the view that nazul lands do vest in the municipal boards in possession or in limited sense for the purpose of disposal ..... bhargava that by virtue of the notifications issued by the government referred to above placing the nazul land at the disposal of the municipal board for sale the land belonging to the government vested in the municipal board, we cannot accept the argument that the sale could be effected only in accordance with the provisions of section 80(vii) of the rajasthan municipalities act, 1959,proceeded to give reasons for their view, which it is unnecessary to reproduce. ..... while interpreting section 92(2)(e) of the act we have taken the view that section 92(2)(e) refers to the property both vesting and belonging to the municipal board and the property not belonging to the municipal board cannot be treated as vesting in the municipal board in terms of section 92(2)(e). ..... appears to us that the main controversy before the learned single judge was with regard to the vesting of the nazul land in the municipal board and the controversy in the pointed form in which it has been raised before us does not appear to have been agitated and the learned single judge had no occasion to analyse section 92 of the act in the manner in which he did. .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]87ITR529(Cal)
..... be a writ in the nature of mandamus directing the respondents to recall, cancel and withdraw the notices under section 148 of the income-tax act mentioned in the petition and there will also be a writ in the nature of prohibition directing the respondents to forbear from giving effect to ..... from the said authorities and the section it is clear that in order to be entitled to issue a notice under section 147(a) of the income-tax act, 1961, the following conditions have to be fulfilled:(1) the income-tax officer, issuing the notice, must hold the belief that due to the omission or failure on the part of the assessee to ..... affidavit; but the records have been produced and the records of the case do not improve the position of the revenue from this point of view.21. ..... rao and the records of the case reveal that more or less as a result of the directions of the central board of direct taxes it was thought necessary that there should be a re-examination of the position in case of the ..... it is the case of the respondent that in the statement claiming relief under section 15c of the indian income-tax act, 1922, in the sale figures it was not mentioned which portion of it represented sales to the other units of the petitioner-company and which portion ..... in view of the said decision of the central board of direct taxes it becomes necessary to re-examine the case of the petitioner and as such jurisdiction was assumed under section 147 of the new act so that the entire question could be gone into .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi725
..... pools and for efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such filth or polluted and obnoxious matter,'section 115(2) provides that: 'saveas otherwise provided in this act, the scavenging .tax shall be levied only in respect of lands and buildings - (a)in which there is a latrine, urinal cesspool, bathing place or cooking place connected with a municipal drain; or (b)which are ..... main across najafgarh nala, that till that portion of water main is laid, it would be difficult to take over drinking water service, that, however, it was notified under the provision of the municipal corporation act that sufficient drinking water was available in the colony, and consequently with a view to over-come the hardship of the residents of the colony, the corporation agreed to supply water and as such is entitled to ..... is illegal, unjustified and contrary to rules of natural justice; and that the levy and recovery of taxes are connected with the rendering of the essential services as laid down in section 42 of the corporation act, and it is incumbent upon the corporation to provide the said services before they are entitled to levy and recover the taxes as the taxes are fees in lieu of the services to be rendered by ..... ', and the petitioners averred that the corporation has not been taking any interest regarding their improvement, repair and up-keep, and that the society has been maintaining them and attending to the repair ..... board .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi350
..... : - '(1)no suit shall be instituted against the authority, or any member thereof, or any of its officers or other employees, or any person acting under the directions of the authority or any member or any officer or other employee of the authority in respect of any act done or purporting to have been done in pursuance of this act or any rule or regulation made there under until the expiration of two months after notice in writing has been in the case of the ..... the demised land as well as other nazul land in delhi were placed at the disposal of the delhi improvement trust (hereinafter referred to as the trust) which held and managed this land on behalf of the government as its statutory agent till ..... are seen to be different; reference was made in the madras case to the interpretation by the judicial committee of section 80 of the code of civil procedure as comparable to the relevant provision of the madras local boards act. ..... (2) the trust framed a scheme for the improvement and development of the basti ara kashan area in which ..... consequently, the period of limitation of three years which was available to the plaintiff under the limitation act to bring a suit for recovering the amount recovered from him in excess of what was legally due under the said lease deed could not be ..... improvement act ..... reduced limitation of six months was intended to apply only to cases arising out of an act or acts performed by the trust or its employees particularly mentioned or provided in the statute itself. .....
Tag this Judgment!Court : Chennai
Reported in : (1972)2MLJ93
..... kalyanasundara mudaliar : (1957)2mlj463 wherein a bench of our high court held:to fulfil the requirements of the definition of a 'temple' in section 9(12) of the madras hindu religious endowments act, 19,7 (section 6(17) of the madras act xix of 1951), it is necessary: (1) that the place in question should be used as a place of public religious worship; and (2) that it must be dedicated to or for the benefit of or used as of right by the hindu community or any section ..... : air1964mad317 a bench of this court has held:in order to constitute a temple as defined in section 6(17) of the madras hindu religious and charitable endowments act, 1951, it has to be proved that the place was and is being used for public religious worship and that it has been dedicated to and for the benefit of or used as of right by the hindu community or any ..... with these observations, the bench held that none of the features relied on by the madras hindu religious and charitable endowments board is of sufficient weight to prove that there had been a dedication in order to make the temple as a 'public' ..... trial court, after elaborately discussing the evidence on record, held that the suit temple is a public religious institution as denned in the act and that the orders of the deputy commissioner and the commissioner in respect of the suit temple have to be upheld.16. d.w ..... plaintiff himself has spent money for construcing a tower over the bhajana matam and has been makig improvements from out of his own funds. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1972Guj189
..... interest of himat at 2/3 of the valuation of old tenure land on the ground that so far as himat was concerned, his land was held on the new tenure created by section 43(1) of the tenancy act which imposed restrictions in regard to sale, gift, exchange, mortgage, lease, assignment or partition without payment of such amount as the state government may by general or special order determine. ..... if restrictions on the power of the owner to alienate at the time of the acquisition be taken to be a material factor in assessing compensation payable on an acquisition under the land acquisition act, the amount of compensation would be different according as the property at the time of the acquisition belonged to a hindu widow or a full owner, for a hindu widow has only a ..... complexity relating to the valuation of land held by a tenant who has become a deemed purchaser in respect of the land in question under section 32 of the bombay tenancy and agricultural lands act, 1948, (hereafter referred to as the 'tenancy act'), in the even of the event of the acquisition of such lad has raised its head in the present matter.2. ..... board of trustees for the improvement of calcutta, air 1956 cal 416 'in estimating his loss it is legitimate to disregard the restrictions on ownership which were existing at the ..... by reason of the fact that the tenant had become a deemed purchaser under section 32 of the act, the land acquisition officer came to the conclusion that the landlady was entitled only to 200 times the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi180
..... the grievance of the petitioner is that he has not been considered against the 100 seats reserved for the students of delhi on the basis of improvement of result in the inter science examination held by the board of secondary education (m.p. ..... (13) the registrar of the university of delhi in his reply affidavit has stated that clause 4 of ordinance 2 framed under the delhi university act empowers the admission committee to determine the principles on which admissions are to be made and finalise the cases of admission, and, according to clause 5 of the said ordinance (ordinance ii) the standing committee can review the principles ..... claim of the respondents is appropriately founded upon the equity which arises in their favor as a result of the representation made on behalf of the union of india in the export promotion scheme, and the action taken by the respondents acting upon that representation under the belief that the government would carry out the representation made by it. ..... the facts proved in this case, no ground has been suggested before the court for exempting the government from the equity arising out of the acts done by the exporters to their prejudice relying upon the representation. ..... of the statues of the university provides for a academic council consisting of various persons enumerated therein and statute viii provides for various powers to be exercised by the academic council, and section 17 of the act states that the academic council is an authority of the university. .....
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