Court : Supreme Court of India
Decided on : Nov-29-1967
Reported in : 1968MhLJ496(SC); [1968]2SCR203
..... his own hands and to dispossess a person in actual possession without having recourse to a court. no person can be allowed to become a judge in his own cause. as observed by edge, c.j., in wali ahmed khan v. ayodhya kundu i.l.r. [1891] all ..... of the plaintiff or of the defendant can be raised or gone into in that case (under s. 9 of the specific relief act). the plaintiff will be entitled to succeed without proving any title on which he can fall back upon and the defendant cannot succeed ..... termination of the tenancy his possession is juridical and that possession is protected by statute. under s. 9 of the specific relief act a tenant who has ceased to be a tenant may sue for possession against his landlord if the landlord deprives him of ..... the structure of s. 326 of qanoon mal, read with s. 163 of qanoon ryotwari, is similar to s. 9 of the specific relief act, there is no reason why s. 326 should be interpreted differently. 11. in midnapur zamindary company limited v. naresh narayan roy 51 i.a .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-1967
Reported in : AIR1968Delhi167
..... punjab high court in first appeal from order of shri m. l. verma, subordinate judge 1st class, delhi, made in the course of execution of an order made by a tribunal at amritsar under the displaced persons (debt adjustment) act, 1951 (hereinafter called the act). in order to understand the precise controversy giving rise to the question referred, it ..... on the basis of the majority view of a full bench decision of the punjab high court in prakash textile mills ltd. v. mani lal, . the learned single judge, however, distinguished the full bench decision and considering the ratio of two supreme court decisions in kiran singh v. chaman paswan, : [1955]1scr117 and iiira lal patni v ..... it holds it to be a nullity, in ledgard v. lord bull (1887) 9 all 191 lord watson, speaking for the board, observed as follows : 'when the judge has no inherent jurisdiction over the subject-matter of a suit, the parties cannto, by their mutual consent, convert, it into a proper judicial process, although they may .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-1967
Reported in : AIR1968Delhi264; 4(1968)DLT444
..... air1959sc577 upheld the plea of absolute ownership of a daughter possessed of property gifted to her by her widowed mtoher at the commencement of the act. in our opinion, the view taken by the learned single judge was quite correct and in consonance with the law as enunciated by the supreme court.(8) now, a few words about the full bench ..... a sale. following this full bench decision. mst. mukhtiar kaur's plea of absolute owner ship was repelled . in our view. the decision of the learned single judge runs counter to the real ratio of the two supreme court decisions and the case of a donee-daughter acquiring property from her widowed mtoher, clearly falls within the purview ..... who is in possession of the gifted property on the date of commencement of the said act, becomes a full owner of the gifted property with effect from the said date of commencement.(12) the case will now go back to the learned single judge for disposal in accordance with law and in the light of the observations made above. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1967
Reported in : AIR1967SC1869; [1967(15)FLR435]; (1968)ILLJ15SC; [1967]3SCR901
..... express madurai (p) ltd. does not warrant the conclusion that the company could have made use of the rotary press when it wanted to. we have got to judge things by what was done and not by what could have been done. 23. again the circumstance that some of these journals came to be published sometime after ..... strike. the watch and ward staff were however instructed to stay on duty. 10. it is necessary to note at this stage that according to the management some acts acts of sabotage and gross indiscipline were committed on april 26, 1959, namely, the mutilation and destruction of one full page and two gallies of dinamani matter and removal ..... were retained in the service of the company after april 1959; (4) no intimation was sent to the commissioner or other competent authority under the employees' provident fund act of the termination of employment of 700 workmen and working journalists, and (5) after april 1959 a common advertising department for the two daughter companies was maintained at .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-28-1967
Reported in : AIR1968SC497; [1968]1SCR685
..... of the authority but the remedy which section 57(1) gives to the citizen as also the obligation of the authority to state the case. the difficulty which the learned judges felt in i.l.r. 25 mad. 752 and repeated in subsequent decisions is not, in our view, a real one because as soon as a reference is made ..... application. the mills applied to the high court against the authority for a direction that he should be asked to state the case. the trial judge granted relief under s. 45 of the specific relief act calling upon the authority to state the case on the ground that a substantial question of law as to the effect of rectification had arisen. in ..... high court and on the high court pronouncing its judgment can be disposed of in conformity with such judgment. a similar question once again arose, in the reference under stamp act, section 57(1) reported in the same volume at page 752. in this case the sub-registrar impounded the documents under section 33 and forwarded them to the collector for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-1967
Reported in : AIR1968SC422; (1968)70BOMLR324; 1968MhLJ363(SC); [1968]1SCR641
..... of such trust.' sub-section 2 of section 88b provides that 'for the purpose of this section, a certificate granted by the collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.' 4. thus for eligibility ..... specified therein. under section 19, the deputy or the assistant charity commissioner appointed under the act has to make an inquiry in the prescribed manner for ascertaining the various matters set out therein. on completion of such inquiry and on its findings being recorded the deputy or the assistant charity commissioner has under section ..... 21 to make entries in the register kept under section 17 in accordance with the findings recorded by him under section 20 or if appeals are preferred in accordance with the final decision of the competent authority provided by the act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-17-1967
Reported in : AIR1968SC261; [1968]1SCR223
..... validly effect prior to july 1, 1952 shall be void and will have no effect. there is also nothing in the act toughing the consequence of such a transfer under the transfer of property act. 7. the learned single judge of the high court held that what section 23(1)(b) did was only to preclude recognition of a sale made ..... that even if those words were given a restricted meaning as the learned single judge did, viz., for any purpose under the act it made no different, for, no court could recognise the transfer for any purpose under the act. therefore, on july 1, 1952 when the act came into force the question would arise as to who became the bhumidhar under ..... any interest in the said property, and in that view dismissed the suit. in appeal the learned civil judge, mohanlalganj, held that the sale deed was not void and that after the deletion of clause (b) of section 23(1) by amendment act, xx of 1954 the appellant was entitled to maintain the suit despite withdrawal by the kapurthala estate. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-31-1967
Reported in : AIR1968SC250; (1968)70BOMLR131; 1968MHLJ232(SC); [1968]1SCR424
..... then (iii) towards interest on the principal amount, then towards (iv) amount of repairs and expenses and then towards the principal of the loan'. the extra assistant judge did not agree with this contention, and dismissed the appeal. the appellant filed a second appeal to the high court. the high court also disagreed with the above contentions ..... as interest thereon, within six months from that date. a preliminary decree was directed to be drawn up. the appellant filed an appeal in the court of the district judge, ahmednagar, and, among other grounds, allege that 'the court ought to have directed commissioner to deduct the rent received (i) first towards taxes, then (ii) ..... . the high court held that the priorities had been settled by the courts below in accordance with the provisions of s. 76(h) of the transfer of property act, 1882 (iv of 1882) and were, therefore, proper. 4. the method of accounting followed by the commissioner appointed in the case, and which was accepted by .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-12-1967
Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937
..... were different. we have carefully gone through these two sections, and also through other relevant sections of the central provinces and berar industrial disputes settlement act, 1947, but we cannot accept the submission of sri mor that the provisions are either inconsistent or 'in irreconcilable conflict.' it would be seen ..... assistant commissioner of labour overruled these objections and held that the application by the respondent under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, was maintainable. the correctness and legality of that order are the subject-matter of challenge in the petition. 4. sri mor, advocate for ..... respondent 1 did not accept that his work was unsatisfactory and filed his application under s. 16 of the central provinces and berar industrial disputes settlement act, 1947, for reinstatement and backwages before the labour commissioner on 6 august, 1965. 3. the petitioner filed its preliminary objections to the maintainability of .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-1967
Reported in : AIR1969Kant100; AIR1969Mys100; (1968)1MysLJ216
..... was contrary to any provision of law which was operating at the time of the sub-lease. it is plain that the district judge overlooked the distinction between a sub-lease created before part v of the mysore act commenced to operate and a sub-lease which was created after the commencement of that part.10. i should exclude from consideration ..... of the building and if the controller is not satisfied, he shall make an order rejecting the application:'9. the district judge who did not properly understand the provisions of clause (f) of s. 21 of the mysore act, made the mistake of thinking that what the landlord had to establish was that the sub-lease was unlawful. but what ..... was contrary to any provision of laws in force when it was made.8. it was argued before the district judge that the sub-lease in favour of respondents was contrary to the provisions of section 7 of the madras act, which reads:'7. eviction of tenants--(1) a tenant shall not be evicted whether in execution of a decree .....
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