Court : Rajasthan
Decided on : Jan-12-1971
Reported in : AIR1971Raj229; 1971(4)WLN1
..... formally granted, but he was allowed to continue the work. the plaintiff also pleaded that the officers of the defendant state failed to do the dewatering of the foundation in time and they could not take a decision for long as to whether the bed of the canal was to be cement plastered or to be constructed by ..... not suffered any loss and in this view the defendant state was not entitled to claim any compensation in accordance with the provisions of section 74 of the contract act.6. the appellant state has not pressed any other contention in its appeal except as stated above. similarly, learned counsel for the plaintiff-respondent does not contest the ..... be paid to the party complaining. in bhai panna singh v. bhai ariun singh, air 1929 pc 179, the board observed while interpreting section 74 of the contract act 'the effect of section 74 is to disentitle the plaintiffs to recover simpliciter the sum fixed in the contract whether penalty or liquidated damages. the plaintiffs must prove the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-20-1971
Reported in : AIR1971Cal345
..... illegal, void and inoperative and not binding on the defendant and for permanent injunction against the plaintiff company from giving effect to the said letter of termination. here also the foundation is laid on the said agreement and the defendant-firm's right under the said agreement was sought to be enforced by the said reliefs claimed in the said suit ..... illegal on the ground, that the said agreement appointing the defendant as the regional distributor was void and illegal as being in contravention of section 294(1) of the companies act, 1956. it is to be noted that the plaintiff company for the first time challenged the said agreement on the aforesaid ground as being void and illegal. the plaintiff company .....
Tag this Judgment!Court : Orissa
Decided on : Jan-21-1971
Reported in : AIR1972Ori81; 37(1971)CLT251
..... house. the entire order of the controller gives an impression that he was satisfied that a direction for eviction under section 7 (2) of the house rent control act should be passed, and accepting the stand in the compromise he incorporated the term of compromise into the order and directed eviction. keeping in view the provisions of ..... the decree directing the tenant to deliver possession of the premises to the landlord was passed in contravention of section 13(1) of the delhi and aimer rent control act, 1952. that sub-section provided that: 'notwithstanding anything to the contrary contained in any other law or any contract no decree or order for the recovery of ..... the hon'ble court may be pleased to record the above terms and pass an order of eviction accordingly under section 7 (2) of the orissa house rent control act.' on the basis of the aforesaid petition at compromise on 23rd june 1966, the following order was passed by the controller:-- 'the petitioner jami bhimaraju and others .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1971
Reported in : [1971]41CompCas890(Mad)
..... the royal commission on indian currency and finance had recommended in 1926 that the currency and credit of the country could only be put on a firm foundation, if a central bank was established. the first bill introduced in 1927 by sir basil blackett was dropped. the indian central banking inquiry committee, however, ..... their supplemental counter-affidavit did not categorically specify the entry under which the impugned enactment falls except stating that the matters covered by the madras chit funds act, 1961, are separate from those covered by the impugned provisions. 18. mr. v.k. thiruvenkatachari appearing for the reserve bank of india in answer contends ..... .' 12. in the affidavit filed in support of the writ petitions, the petitioners raised the following contentions : (1) sections 45j, 45k and 45l of the act maintain the distinction between deposit and borrowing which is a well recognised distinction. (2) the notification issued on the basis of the definition of ' deposits ' contained .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1971
Reported in : (1973)2MLJ72
..... the royal commission on indian currency and finance had recommended in 1926, that the currency and credit of the country could only be put on a firm foundation, if a central bank was established. the first bill introduced in 1927 by sir basil blackett was dropped. the indian central banking inquiry committee, however, ..... to extend to all ancillary and subsidiary matters which can fairly and reasonably be comprehended. see united provisions v. atiqa begum : [1951]2scr682 before an act is declared ultra vires on the ground that it invades any exclusive sphere, there should be an attempt to reconcile the two conflicting jurisdictions and only if ..... in their supplemental counter-affidavit did not categorically specify the entry under which the impugned enactment falls except stating that the matters covered by the madras chit funds act 1961, are separate from those covered by the impugned provisions.13. mr. v.k. thiruvenkatachari appearing for the reserve bank of india in answer contends that .....
Tag this Judgment!Court : Orissa
Decided on : Jan-29-1971
Reported in : 37(1971)CLT297
..... and can be classed for consideration under one head. ext. 4 is the plaint in title suit no. 1 of 1956 -- a suit under section 9 of the specific relief act. a genealogy has been appended there and the plaintiff has been shown in the genealogy as sou of dama rana. apart from the description of the plaintiff in the cause .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-1971
Reported in : AIR1973Mad55
..... . the concluding words of article 226 have to be read in the context of what precedes the same. therefore the existence of the right is the foundation of the exercise of jurisdiction of the court under this article.'14. following the foregoing principle, the supreme court observed in calcutta gas co. ltd. v ..... council has abused its powers with the object of satisfying the wishes of the majority of the members who belong to a particular political party. the act contains necessary provisions conferring power upon certain authorities for the purpose of controlling the functions of the municipal council. the district collector concerned and the ..... relief.16. in municipal corporation, bombay v. govind laxman : air1949bom229 a similar question regarding the maintainability of a petition under section 45 of the specific relief act by a ratepayer as against the municipal corporation complaining of an attempt to misapply the municipal fund arose for consideration. speaking for the court, chagla, c. .....
Tag this Judgment!Court : Chennai
Decided on : Feb-01-1971
Reported in : (1972)2MLJ485
..... . the concluding words of article 226 have to be read in the context of what precedes the same. therefore, the existence of the rights is the foundation of the exercise of jurisdiction of the court under this article.14. following the foregoing principle, the supreme court observed in calcutta gas co. v. state ..... has abused its powers with the object of satisfying the wishes of the majority of the members of who belong to a particular political party. the act contains necessary provisions conferring power upon certain authorities for the purpose of controlling the functions of the municipal council. the district collector concerned and the state ..... 16. in municipal corporation, bombay v. govind laxman : air1949bom229 , a similar question regarding the maintainability of a petition under section 45 of the specific relief act by a ratepayer as against the municipal corporation complaining of an attempt to misapply the municipal fund arose for consideration. speaking for the court, chagla, c.j., .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-04-1971
Reported in : AIR1972AP302
..... an injunction cannot therefore be sustained. 5. to appreciate the questions raised by the learned counsel appearing for both sides, it is necessary to state the relevant acts. the plaintiff is a limited company with its head office at bombay engaged in the manufacture of options and cans. it entered into several contracts with the ..... made by the defendant in the high court of delhi for reference of the dispute under section 20 of the act. after laying the action in the lower court, the plaintiff also made an application under order 39, rule 5, civil procedure code, for attachment before judgment and alternative ..... dispute between the parties being submitted to arbitration by the body specified in the contract. 3. the defendant made an application under section 34 of the arbitration act in the court of the chief judge, city civil court, hyderabad, praying that the suit filled by the plaintiff may be stayed pending disposal of the application .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-05-1971
Reported in : AIR1973P& H71
..... moti singh to hold the land which they got from their ancestor at a private partition or division with gurdit singh, representing the other branch.'there was absolutely no foundation in evidence for this surmise.8. mr. malook singh, learned counsel for the contesting defendant-respondent pointed out that if these joint khatas 59 to 62, held ..... and narrow down the ambit of such inferential proof and it is now settled that in the absence of any other evidence of a definitive nature such as the foundation of the village by the common ancestor, the presumption that may be raised from the joint ownership of the land by the descendants of the common ancestor, ..... dated 27-7-1961, the plaintiff has come in second appeal before this court.3. waryam singh, deceased, admittedly died before the coming into force of the hindu succession act. 1965. it is common ground that the parties, who are jats, were at the material time, governed by agricultural custom in matters of alienation and succession. if the .....
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