Court : Allahabad
Reported in : 1998(1)AWC275
..... and (b) where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein, or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and (c) when divorce is sought on the ground of mutual consent, such consent has not been obtained ..... is not explained that why the petitioner-respondent kept silent for seven years, if the version of the appellant is accepted for the argument sake that when she left the husband in the year 1984, it is unfortunate that delay has not been explained and the legislature in its wisdom has discouraged to file ..... by force, fraud or undue influence ; and (d) the petition is not presented or prosecuted in collusion with the respondent: and (e) there has not been any unnecessary or improper delay in instituting the proceeding ; and (f) there is no other legal ground why the relief should not be ..... provisions of section 14 of the family courts act regarding the applicability of indian evidence act to record ..... , information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the indian evidence act, 1872. ..... indian evidence act .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)36CTR(All)70; [1984]145ITR96(All); [1983]15TAXMAN335(All)
..... but if an instrument confers on a minor the benefits of the partnership and then it is silent, the general law will apply ; and it will be deemed that in view of section 30 of the indian partnership act, the instrument evidences that on the minor electing to remain a partner on his attaining majority he will be a partner. ..... when a minor becomes major, and on his opting becomes a partner within the meaning of the indian partnership act, no change occurs in the constitution of the firm under the i.t. ..... another question, again at the instance of the assessee, when directed by this court to do so, and that question is this: 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law to hold the assessment under section 144 and grant of registration were not in two parts and the registration order passed therein was also set aside under section 146 along with the assessment order and ..... repudiate the partnership and the instrument of partnership provides both for his share as well as for the loss incurred by the firm during the minority of such partner, there is no change in the constitution of the firm when the minor partner attains majority. ..... thus, when an instrument of partnership evidences a constitution indicating that apart from some partners, a minor has been admitted to its benefits, the instrument of partnership will be deemed to evidence, for purposes of the i.t. .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]110ITR902(All)
..... to the meaning of the word 'debt'; (ii) that 'debt owed' within the meaning of section 2(m) of the wealth-tax act, 1957, could be defined as the liability to pay in praesenti or in futuro an ascertainable sum of money ; (iii) that the charging section for the purposes of income-tax was section 3 of the indian income-tax act, 1922, and the annual finance acts only gave the rate for quantification of the tax ; (iv) that a liability to pay income- ..... and, at his instance, the following question of law has been referred for the opinion of this court:'whether, on the facts and in the circumstances of the case, the appellate tribunal was legally correct in holding that the income-tax liability under section 68 of the indian finance act, 1965, would be allowed in computing the assessee's wealth on the relevant valuation dates ?'4. ..... learned judges payment of income-tax under section 68 of the finance act, 1965, is not in satisfaction of any liability under section 3 of the indian income-tax act, 1922, or under section 4 of the income-tax act, 1961. ..... the question was whether that amount was a 'debt owed' within the meaning of section 2(m) of the wealth-tax act, 1957, as on march 31, 1957, which was the valuation date, and, as such, deductible in computing the net ..... department that any income declared under section 68 becomes liable to tax only when the declaration is made is not correct ..... liability to pay income-tax arises when the income is earned and not when it is disclosed or discovered. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H103
..... 346, the signatures of two persons appearing at the foot of the endorsement of registration of a will was not construed to have been appended in their capacity as attesting witnesses as the provisions of section 68, indian evidence act, had not been complied with, in regard to the attestation made by the registrar, on which fact the learned counsel for the appellant seeks to fall back, there is no dearth of authority that ..... her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and (b) any property inherited by a female hindu from her husband or from her father-in-law shall devolve, in the absence ..... an ingenuous argument that after his adoption by ganda singh, the appellant became his son for all intents and purposes and he (appellant) could legally follow the estate in the hands of the widow of ganda singh that is, shrimati sada kaur. ..... claim to the property in the hands of shrimati sada kaur because even if he is treated to be an adopted son of ganda singh, the adoption having taken place at the time when the elder widow, shrimati daya kaur. ..... it may be stated here that on a previous occasion when the case was heard in this court before remand, one more ground which was projected by shrimati ass kaur respondent in support of ..... more so when, as already observed it in .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi251
..... i had an occasion to examine the position of law under section 232(1) of the indian companies act, 1913 and that prevailing under section 537 of the companies act, 1956 in the case of the peerless general finance and ..... sup 40 (supra) also, the real bone of contention before the court was as to whether (1) leave of the winding up court should be granted to a secured creditor to proceed in a suit after an order of winding up has been made, and (2) when should a winding up court transfer to itself any suit or proceeding by or against the company during the pendency of the winding up proceedings. ..... he has, however, not referred to the injunction order dated 4-8-1992 which was very much in force at the time when the offer for sale was received on 23-9-1992 and accepted by dfc nor offered any explanationn for their going ahead with sale in breach of and contrary to the ..... when a winding-up order has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding, even if pending at the date of the winding-up order, can proceed against the company except by leave of the company court vide sub-section (1) of section ..... (1) when a winding up order has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company, except by leave of the court and subject to such terms as the .....
Tag this Judgment!Court : Delhi
Reported in : [1999]96CompCas950(Delhi); 1996RLR487
..... had an occasion to examine the position of law under section 232(1) of the indian companies act, 1913 and that prevailing under section 537(1) of the companies act, 1956 in the case of the peerless general finance ..... the expression 'management' has been the subject matter of repeated ordinances, acts as well as judgments occurring both under the industrial development regulations act as well as state financial corporation act and various ordinances when only the management of some of the sick mills or sick textiles undertakings or some other industrial ..... when a winding-up order has been made or the official liquidator has been appointed as provisional liquidator,no suit or other legal proceeding, even if pending atthe date of the winding-up order, can proceed against the company except by leave of the company court vide sub-section (1) of section ..... he has, however, not referred to the injunction order dated 4-8-1992 which was very much inforce at the time when the offer for sale was received on 23-9-1992and accepted by dfc nor offered any explanationn for their going ahead with sale in breach of and contrary to the said injunction order.he ..... suits stayed on winding up order (1)when a winding up order has been made or the official liquidator has been appointed as provisional liquidator, no suit or other legal proceeding shall be commenced, or if pending at the date of the winding up order, shall be proceeded with, against the company,except by leave of the court and subject to such .....
Tag this Judgment!Court : Delhi
Reported in : 83(2000)DLT130
..... consideration of the submissions made at the bar, and in the light of the facts and circumstances of this case, the following conclusions are irresistible (a) according to section 21 of the arbitration and conciliation act, 1996, unless otherwise agreed by the parties, the arbitral proceedings commence on the date of which a request for that dispute is referred to arbitration. ..... according to the majority view, the dated 6-5-1997 was the crucial date when by consent, both the parties referred the matter to the arbitration and accordingly the arbitration proceedings have to be carried out in accordance with the provisions of the 1996 act (13) the learned counsel for the petitioner submitted that the arbitrators have erred in holding that the provisions under section 37(3) of 1940 act is only for the purpose of limitation and not for any ..... , has approached this court by filling a petition under section 33 of the arbitration act, 1940 in which a prayer has been made that order be passed clarifying that the provisions of indian arbitration act, 1940 would apply to the arbitration proceedings pending before the arbitrators and the order of the two arbitrators passed on 6-4-1998 be declared as incompetent and illegal. 2 ..... to him, the arbitration clause was invoked when the request of the petitioner sent through a legal notice dated 14-9-1995 was received by the respondent and thereforee, the arbitration proceedings have to be carried out in accordance with the provisions of the 1940 act. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989WLN(UC)457
..... again the period of limitation provided by the residuary article 120 of the limitation act of 1903 was shorter than provided by article 19 of kanoon miyad mewar and, therefore, by virtue of section 30 of the indian limitation act of 1908, the suit could only be instituted within a period of two years next after the coming into force of the indian limitation act, 1908 in part b states or within the period prescribed for such suit by article 19 of kanoon miyad mewar whichever period ..... this mortgage, the defendants remained in possession for more than 12 years, they became mortgagees on the expiry of 12 years from samvat 2004 when the accounts were settled between the parties and the defendants were allowed to remain in possession of the property which had been allotted to the plaintiffs ..... thus the portion of the property which had fallen to the share of the plaintiffs remained in possession of the appellants and it was agreed that when the plaintiffs would pay their share of the mortgage money and the repairs and improvements with interest at 8% per annum, they would be entitled to get the possession ..... his lordship observed as under:from what has been said above it is clear that where the transfer of the property act is not in force and a mortgage with possession is made by two persons, one of whom only redeems discharging the whole of the common mortgage deed, be will, in equity, have two distinct rights: firstly, to be subrogated to ..... also substituted as his legal representative. .....
Tag this Judgment!Court : Chennai
Reported in : (1948)2MLJ234
..... it is argued by the learned counsel for the appellants that section 48 of the civil procedure code does not provide for any extension of time except in the cases which are provided for in that very section and that the lower appellate court was wrong in applying section 4 of the indian limitation act or section 10 of the general clauses act or in relying on any general principle in favour of the decree-holder. ..... nataraja : air1922mad268 where it was held that section 15 of the indian limitation act cannot be availed of by a decree-holder to get over the bar of section 48 of the civil procedure code which provides for a maximum period of twelve years only. ..... objection was taken by the judgment-debtor that no order could be passed on the execution petition by reason of the provisions of section 48, civil procedure code which provides for an absolute term of twelve years within which the execution petition should be filed. ..... it is further argued that it is really a condition precedent for a proper execution petition that it should be presented within the period of twelve years provided for in section 48 of the civil procedure code and in that view the principle of the decision in chenchu ramana v. ..... the principle that a party should not suffer for the act of the court and that if there is no court sitting on the last day when he should do any particular act he will be in time if he does it on the next clay when the court sits is too well established to be challenged now. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2001HP22
..... section 37(3) of the old act, which makes a somewhat similar provision, reads :--'for the purposes of this section and of the indian limitation act, 1908, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreements provides that reference shall be to a person named or designated in the agreement, requiring that ..... feeling aggrieved by and being dissatisfied with the award, the petitioner has approached this court by way of the presentobjection petition under section 34 of the act, assailing the award inter alia on the following grounds :--(a) the arbitrator has neither followed the procedure for conducting the proceedings nor evolved his own procedure to conduct the same. ..... at the very outset, a preliminary objection was raised on behalf of the respondent as to the maintainability of the present objection petition under section 34 of the act, it was contended that the present case is governed by the provisions of indian arbitration act, 1940 (for short : the old act) and as such the present petition made under section 34 of the act is not maintainable.9. ..... therefore, after obtaining legal advice, a notice was sent to the respondent on 23-7-1997 calling upon the respondent to settle the dispute. .....
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