Court : Guwahati
..... of which the consequential relief was injunction, otherwise all suits where injunction was prayed for would have to be treated as falling under clause (a) of sub-section (iv) of section 7 of the act.26. where it is not possible for the plaintiff to estimate correctly the relief he may be entitled to, it is necessary that the amount at which ..... the value for the purposes of jurisdiction dependent upon the value as determinable for computation of court-fees. the computation of court-fee in suits falling under section 7(iv) of the act depends upon the valuation that the plaintiff makes in respect of his claim. once the plaintiff exercises his option and values his claim for the purposes of ..... to that effect in any act. sub- section (iv)(a) does not apply where the suit is not merely in form but even in substance, one for injunction and not for a declaratory relief. in v.p. sugar works v. c.i. of stamps, u.p., air 1968 sc 102 where the plaint alleged that certain acts were void and non est .....
Tag this Judgment!Court : Guwahati
..... respondents on the score of limitation, the adjournment sought by the appellant to file an application under section 5 of the limitation act for condonation of delay and the refusal of the division bench to condone the dealy are all misplaced, proceeding as they did on an erroneous assumption that ..... within time with only one set of documents while under rules three sets had to be filed, and those were filed beyond time, and an application under section 5 of the limitation act for condonation of delay was rejected by the high court. their lordships of the supreme court interfering with the order observed : 'the objection raised by the ..... he cannot stricto sensu be said to be a holder of title. 26. in delhi motor co. v. u. a, basrurkar, air 1968 sc 794 their lordships of the supreme court also held that section 53a is only meant to bring about a bar against enforcement of rights by a lessor in respect of property of which the lessee had .....
Tag this Judgment!Court : Guwahati
..... the answer to the question posed depends entirely on the interpretation of the provisions contained in the act and in particular section 24 of the finance act. section 24 deals with ' voluntary disclosure of income' and consists of 16 sub-sections. sub-section (1) permitted a person to make a declarantion in respect of amounts representing income chargeable to ..... except the first item which was, however, included in the petition of smt. swati devi. the tribunal held that neither section 68 of the finance act, 1965, nor section 24 of the finance (no. 2) act, 1965, required the commissioner to make any enquiry whatsoever, touching or concerning the sources of the income disclosed or any ..... the other accounts of the assessee had not been totally accepted by the authorities below. it relied on northern bengal jute trading co, ltd. v. cit : [1968]70itr407(cal) and in particular on the following observations (p. 416): ' the receipts or cash credits in the books of account of the assessee-firm are .....
Tag this Judgment!Court : Guwahati
..... regard to the nature of the enquiry to be made and other circumstances of the case, all the provisions of sub-section 2 of section 3, sub-section (4) and sub-section (5) of section 5 of the commissions of inquiry act, 1952 (60 of 1952) should be made applicable to the said commission and the governor of manipur, in exercise of ..... and, if it is found that there is substance in the allegation, the victim should be suitably compensated by the state and the requisite sanction under section 6 of the central act should be granted for instruction of prosecution and/or a civil suit or other proceedings against the person/persons responsible for such violation. 24. in ..... over the armed forces deployed in the state. on the other hand, the members of the armed forces are entitled to protections as per provisions of section 6 of the act of 1958 which provide that no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government. the central .....
Tag this Judgment!Court : Guwahati
..... substantial question of law, mr. das, learned senior counsel referred to and relied upon the decision in muppudathi pillai s case (supra). section 31 of the act,1963 has already been quoted hereinabove. section 31 of the act 1963 is with regard to cancellation of a deed of sale. in the present case in hand, admittedly there was an agreement for ..... and 409/1 of tadavalga village are concerned. muppudathi pillai s case (supra) was decided before the amendment of the specific relief act and in the earlier act, it was section 39 which after amendment is now section 31. the full bench of madras high court in muppudathi pillai s case (supra) has held as thus:it is clear from the ..... 1999) 7 scc 288 : air 1999 sc 3325, hari singh vs- kanhaiya lal,v)(1996) 7 scc 767, md. noorul hoda vs- bibi rafiunnisa and others,vi)air 1968 sc 956, ningawwa v. byrappashiddappa hireknrabar,vii)air 1963 assam 4, niasha ghosh v. kari siddek ali and others,viii)air 1960 madras 1, muppudathi pillai v. krishnaswami pillai .....
Tag this Judgment!Court : Guwahati
..... are properly maintained. controlled and administered and the income thereof is duly applied to the object and for the purpose for which such wakfs were created. section 15(2) of the act has dealt with some functions of the board which includes the power to 'institute and defend suits and proceedings in a court of law relating to wakfs ..... .' 11. the provision relating to mutawalli were thereafter referred and duties of mutawalli laid down under section 36 of the act were pointed out. it was then noted that a mutawalli could be removed by the board from his office notwithstanding anything contained in any other law or ..... vested in the board which is a body corporate which must sue and be sued in its own name. the only exception noted was the provision contained in section 6 of the act with which we are not concerned in the present suit. 12. the decision in maulvi reza ansari (air 1983 patna 299) (supra) would undoubtedly support the .....
Tag this Judgment!Court : Guwahati
..... of the local board. the local board has to construct, repair and maintain roads, embankments, bridges, water-channels and other works of communication under section 40 of the act. section 66 of the act makes it obligatory for the board to establish, maintain and manage all middle vernacular schools under public management within the sub-division and also to ..... 14 enshrined in the constitution. 3. coming to the first point urged by the counsel, it is necessary to refer to some of the provisions of the act. section 62 of the act provides as follows :-- '62. (1) the local board may, at a meeting convened expressly for the purpose of which due notice shall have been given, ..... governor was pleased to prescribe rs. 1000/- per annum as the maximum amount of license fee which could be levied by the local boards under section 52cc of the said act. it was further provided by the notification that any local board with the previous approval of the government could impose a license fee within this maximum .....
Tag this Judgment!Court : Guwahati
..... the applications we are to ascertain whether this court has jurisdiction to extend the period of limitation prescribed by section 27(3) of 'the act' in exercise of powers under section 5 of the limitation act. section 5 of the limitation act empowers the court to entertain any application, other than one under o. xxi of the code of civil ..... two separate orders which were communicated to the petitioner on november 20, 1978. thereafter, the petitioners filed one composite application on march 2, 1979, under section 27(3) of 'the act', to this high court asking for a reference. however, on may 17, 1979, the petitioners filed an application for leave of this court to file ..... 17, 18 and 19 of 1976-77. they were allowed on september 13, 1977. on december 16, 1977, the petitioners made applications for reference under section 27(1) of ' the act'. on march 11, 1978, the petitioners filed applications for rectification of the appellate order, dated september 13, 1977. on may 27, 1978, the applications .....
Tag this Judgment!Court : Guwahati
..... by the g.m.c. and the development scheme include construction and reconstruction of building and this position is clear from the provisions of section 323(f) of the act. section 325 of the act requires that such development scheme would not be valid unless the same is in conformity with the master plan and zonal development plan for the ..... or being carried on or has been completed in contravention of the master plan or development scheme or without the valid permission of the concerned authority. section 105 of the act puts restriction on the power of a local authority to make rules, regulations or bye-laws in respect of the matters relating to erection or re- ..... the building in compliance with the building regulation and bye-laws etc. but no information was intimated after the expiry of the 60 days under the provisions of section 383 of 1971 act. under law, therefore, it was deemed that the permission had been granted to the petitioner for construction of the 4th, 5th and 6th floors, the .....
Tag this Judgment!Court : Guwahati
..... compensation, i do not see how the mortgagee can legitimately challenge the legislative authority to acquire. 10. i have been impressed with the argument addressed on section 18 of the act. section 16 provides that if there is a cultivating tenant in occupation of the land acquired from an owner, then he shall have the option of taking settlement ..... or is bad for illegal and wide delegation of powers. i may here deal with the charges levelled against some of the specific sections of the act. it is contended that under section 8 of the act, the publication of the notification in the official gazette is conclusive evidence of the acquisition being for a public purpose; and while an ..... by mr, seta do not govern the present case. in 1953 sca 53 : (air 1952 sc 252), the supreme court declared some of the sections of the bihar land reforms act, 1950 (act 30 of 1950), to be void and inoperative on the ground that those provisions had really nu connection with the subject of the legislation. the only .....
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