Court : Karnataka
Decided on : Dec-04-1961
Reported in : AIR1962Kant140; AIR1962Mys140
..... appeal. in another second appeal viz., k. h. chandrappa v. s. rudrappa, s.a. 91 of 1956 (mys) narayana pai j. has stated as follows:'i amend not, however, prepared to say that a defendant, who has merely raised a general plea that the suit is not maintainable without specifying the grounds on which the maintainability of ..... conduct of the suit to abandon an issue when they, whether rightly or wrongly, arrived at the conclusion that their contentions as to it were untenable. i amend clearly of opinion that this question must be answered in the affiramative. it must be held that a vakil appointed to conduct a case on behalf of his ..... equivalent to coparceners). when the hindu women's right to property act, 1937, was extended to sangli state under the indian states (application of laws) order, 1948, sangli act no. 1 of 1955 stood repealed, being the law corresponding to the extended act viz., the hindu women's right to property act 1937. the contention of sri venkataramiah is to the effect that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-1961
Reported in : AIR1966SC1661; [1962]Supp1SCR717
..... recently decided by this court, schemes of this type have been held to be valid, and the provisions of chap. iv-a, in view of the amendments effected by the constitution (first amendment) act, 1951, in art. 19(6), have been held intra vires the state legislatures. those cases are also referred to by the high court in the ..... the minimum number would mean the alternation of the scheme, necessitating the observance of all the formalities for framing a scheme. in view of this, the rules were amended, obviating the necessity of indicating the minimum number. the rule, as it now stands, has been complied with, and there being no challenge to the rule as such ..... does not carry out the orders of the chief minister; that there has been non compliance with the mandatory requirements of sections 68c and 68e of the motor vehicles act; that the scheme is destructive of co-ordination, which is the gist of efficient motor transport services; and finally, that the routes on which the appellants operated, .....
Tag this Judgment!Court : Chennai
Decided on : Dec-01-1961
Reported in : (1962)2MLJ109
..... licensee.it is apparent from the above that the parties intended to carry on the business after getting the licence suitably amended in accordance with the central excise and salt act, 1944.2. the firm was duly registered under the indian partnership act. the appellant claims to have advanced on various dates a sum of rs 10,000 to the respondent in pursuance of ..... . 70 indap 35 : (1943) i.l.r. 2 cal. 213 (p.c.), sir george rankin in delivering the judgment of the privy council analysed the various provisions of the indian contract act and held that money received by a party to a contract in part discharge of the consideration due or to become due, though applied for defraying the expenses of carrying .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-30-1961
Reported in : AIR1962P& H256
..... 1952, the words were 'the tenant pays in court the arrears of rent then due.' this act was amended in the year 1958 and came into force early in 1959. in the amending act, the corresponding provision is contained in section 14(1) and the words used are 'tendered the whole of the arrears of the rent legally recoverable from him. ..... other authority. (3) for the purpose of this section, a sum shall be deemed to be payable to the custodian notwithstanding that its recovery is barred by the indian limitation act, 1908, or any other law for the being in force relating to limitation of actions.' the argument of the learned counsel is that the word 'due' would ..... the remedy for its recovery that is knocked out, but the rent still remains due. i would, therefore straightway refer to the provisions of section 28 of the indian limitation act, which are in these terms:'28 at the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-30-1961
Reported in : AIR1962Cal513,66CWN240
..... kumar had received the compensation money awarded in respect of the portion of lat makhla. the entries in these columns are clearly admissible under section 35 of the indian evidence act. besides, by a letter dated february 10, 1956 the plaintiffs attorney definitely asserted that the compensation money had been withdrawn either by sanat kumar and/or by ..... time the right to receive the annuity at the proper time passed to his assigns under the deed of trust executed by him. section 173 of the indian succession act lays down the prima facie rule of construction of a will creating an annuity, prima facie the annuitant is entitled to receive the annuity for his life ..... annuitant during her life time. with regard to clause 2 no question arises as to any intention contrary to the statutory implication arising from section 173 of the indian succession act. the yearly sum payable under clause 7 of the will bears no analogy to the annuity payable under clause 8 of the will. the yearly sum payable .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-30-1961
Reported in : (1962)ILLJ622Cal
..... compromise petition in appendix a shall form a part of this order. the employees who will be retrenched shall be paid compensation in accordance with the industrial disputes (amendment; act, 1953.5. the recording of the compromise in so far as respondent 1 was concerned must now be treated as erroneous as a consequence of subsequent events. ..... the government to decide upon and it will not be competent for the court to hold the reference bad and to quash the proceedings (vide state of madras v. south indian cinema employees' association 1953 s.c.a, 965; madan gurang and ors. v. state of west bengal and ors. 1958-ii l.l.j. 206, b.n. ..... to retrench only 46 of the employees. the tribunal permitted the petitioner to do so. respondent 2, workman of the petitioner company represented by the mcleod's indian employees' association (hereinafter called the union), appealed to the labour appellate tribunal against the order and the appellate tribunal remanded the matter to the industrial tribunal only .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-29-1961
Reported in : AIR1966SC1758; (1962)64BOMLR565; [1962]Supp1SCR700
..... did not take place on march 31, 1953 as had been anticipated by the appellant when he gave notice on march 11, 1952. in one sense the amending act which is undoubtedly a piece of beneficent legislation conferred on the respondents additional rights and these additional rights were conferred on them before the lease in their favour ..... for our decision is whether the appellant is entitled to eject the respondents even without complying with the statutory requirement as to the valid notice prescribed by the amending act xxxiii of 1952. 11. it would be noticed that though the lease originally was for five years, before the five years expired the duration of the lease ..... surrender shall be in writing and shall be verified before the mamlatdar in the prescribed manner.' 10. it is common ground that if the provisions of the amending act xxxiii of 1952 are applicable to the present proceedings the appellant would not be entitled to claim the ejectment of the respondents because he has not given any .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-29-1961
Reported in : AIR1962Cal238
..... suit was pending, after the notice which had determined the tenancy, the plaintiff naturally could not claim arrears of rent. it is only under the terms of the amending act of 1953 which had come into force on 14-3-53, that the plaintiff found that she could no longer get any relief in the ejectment suit which she ..... to her and her cause of action for the ejectment suit became cancelled or it arose at the earliest on the 14th of march, 1953 when the thika tenancy (amendment) act, 1953 came into force. even from 14-3-53, the claim for the entire period in the suit would be within limitation.6. mr. mitra, appearing for the ..... cancellation of the cause of action may in appropriate instances be dealt with as cases of new or fresh causes of action falling under the particular articles of the indian limitation act, rendering unnecessary application of the theory of suspension of limitation.'mr. mitra has referred to a decision of the judicial committee, hurro pershad roy chowdhury v. gopal .....
Tag this Judgment!Court : Kerala
Decided on : Nov-28-1961
Reported in : AIR1962Ker190
..... the original sub-sections (4) and (5) of section 23 became unnecessary and as such those two sub-sections were deleted by section 2 of the amendment act of 1961. therefore after the amendments so effected, there will be a right of appeal to a party against orders passed of her under section 22 or under section 23 of the ..... 22 referred to earlier.43. but it is to be noted that by a recent amendment of the act in september, 1961 namely. the representation of the people (amendment) act, 196.1 -- act 40/1961, section 24 his been newly incorporated by section 3 of the amendment act giving a right of appeal against orders passed under both seotions 22 and 23. clause ..... 184 that battle can be fought 'either beforehand in the registration court or after the election upon a scrutiny.'12. many decisions other than those mentioned above, english and indian, were cited before us. none of them is of any great assistance in deciding the question before us.13. one of them jujhar singh v. bhairon lall, 7 .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-27-1961
Reported in : AIR1962All187
..... that the action of the managing committee in dismissing the principal was ultra vires the provisions of section 16-g (3) (a) of the intermediate education (amendment) act, 1958. this letter further stated that under the said provision of law the prior approval in writing of the inspector of schools was necessary before the principal could ..... section 16(c) which was introduce^ into the intermediate education act, 1921 u. p. act no. ii of 1921) hereinafter called 'the principal act' by section 7 of the intermediate education (amendment) act, 1958 (u.p. act no. xxxv of 1958) hereinafter called 'the amendment act'. section 1 (2) of the amendment act provides that it shall come into force on such date as ..... enable one to clearly see the line of demarcation between the two. several criteria have, however, been laid down in a number of cases, both english as well as indian.18. in the well-known case of r. v. dublin corporation. (1878) 2 lr jr. 371 (376), may, c. j. while dealing with the distinction .....
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