Court : Andhra Pradesh
Decided on : Dec-27-1971
Reported in : AIR1973AP1
..... controller after enquiring into the matter gives a finding that the denial is bona fide, his jurisdiction ceases thereafter. but if his denial is found to be without foundation he is liable to be evicted on any of the grounds mentioned in section 10 (2). as mentioned above the eviction of the tenant can be sought on ..... setting up a plea of denial of the relationship of landlord and tenant with a view to evade the enforcement of the provisions of section 11 of the act. the act which confers certain rights on the tenants imposes also certain obligations on them before they can claim benefits provided thereunder. section 11 puts an obligation on the ..... v. m/s gorakharam gokalchand, : [1964]3scr214 , the supreme court was dealing with the provisions of the bombay rent, hotel and lodging house rates control act. section 29 of that act deals with jurisdiction of courts. it is provided there under that in greater bombay, the court of small causes, bombay shall have jurisdiction to entertain and try .....
Tag this Judgment!Court : Chennai
Decided on : Dec-23-1971
Reported in : (1973)1MLJ99
..... been adjudicated upon and cannot again be placed in contest between the same parties. a previous decision of a competent court on facts which are the foundation of the right and the relevant law applicable to the determination of the transaction which is the source of the right is res judicata. a previous ..... proprietary medicines from the very inception by adding tinctures containing alcohol. but they were not adding alcohol as such in manufacturing medicines. the schedule to the act was amended in 1961. the actual levy is made in accordance with the schedule. the schedule prior to the amendment in 1961 ran as follows: ..... of excise on medicinal and toilet preparations containing alcohol, and toilet preparations specified in the schedule as being subject to the duties on excise levied under the act. section 2 (g) defines 'medicinal preparation' as including all drugs which are a remedy or prescription prepared for internal or external use of human .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-22-1971
Reported in : AIR1973All58
..... but decreed by the lower appellate court. hence this second appeal. 2. the relevant facts were that the appellant filed a suit under section 59 of the u. p. tenancy act in the revenue court against the appellant for a declaration that he had acquired hereditary tenancy rights in a plot under section 180 (2) of the said ..... act summons of that suit was issued to the respondent but the same could not be served on him personally. the appellant then applied that substituted service may be effected on .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-1971
Reported in : AIR1972Ori119
..... expl. 4 to 11 observed :'the argument that expl. 4 to 11 does not apply to proceedings under section 47, as i have already said is without foundation and it seems to me therefore quite clear that there not having been a decision on this point none-the-less the question whether the sale was void or ..... application and also the present execution application would be in time. the onus to prove such payment was admittedly on the decree-holder. section 3 of the limitation act provides that every application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. this provision is, therefore, imperative ..... a preliminary mortgage decree on june 26, 1947. the property mortgaged was an estate and included both bakasht lands as well as other lands. the bihar land reforms act came into force sometime after the preliminary decree. the decree-holders filed petition for passing a final decree on september 19, 1955. the estate mortgaged vested in the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-15-1971
Reported in : AIR1972AP206
..... that standards of legal education can be prescribed without the prior equipment or accomplishments of students of law? it s a mere illusion to think that without the foundational general education, sound standards of legal education can be achieved.16. the expression 'standards of such education' is sufficiently wide to enable the bar council to ..... of india.5. it is necessary for the elucidation of the contentions urged by counsel before, us, to advert to some provisions of the advocates act, 1961. the act, (act 25 if 12961) is a consolidating and amending enactment relating to legal practitioners and its objective is to constitute an all india bar. chapter ii of ..... power to regulate admission to the profession of law, and the bar council is also empowered to recognise degrees of law for the purposes of the advocates act. the relevant statutory provisions empower the br council to lay down that degrees of law of a particular category constitute the qualification for enrollment as advocates. .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1971
Reported in : AIR1973Guj80
..... expressly recorded or the materials on the record are inadequate for such satisfaction, the consent decree could not be said to be a nullity, so long as there is foundation for invoking the jurisdiction of the rent court.'it is further observed therein:'therefore, the view of our learned brothers divan. j. and shah j. that if the ..... by lord esher m.r.' the ratio which has been laid down by the division bench of this court is in the following terms:'if therefore, there is foundation for the 'exercise of jurisdiction of the rent court, the eviction decree could not be treated as a nullity merely on the ground that the satisfaction of the ..... proceedings, especially when the parties are represented by the advocates.'it is further observed therein:'if these relevant terms in the consent terms provide the basis or foundation by showing the existence of the relevant grounds under the act, it would be for the court concerned to be satisfied as to the existence of the relevant ground under the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-07-1971
Reported in : AIR1972SC515; (1972)1SCC214; [1972]2SCR742
..... , thirdly, the high court allowed proof of matters of which there was no foundation in the pleadings.14. counsel on behalf of the election petitioner on the other hand contended that the allegations were that the appellant had sought assistance from ..... of petitions. section 86 deals with trial of petitions. hidayatullah, c.j. speaking for the court laid down these propositions. first, section 83 of the act is mandatory and requires first a concise statement of material facts and then requires the fullest possible particulars. second, omission of a single material fact leads to an ..... to be adduced by the election petitioner in the absence of any pleading of material facts alleging corrupt practice within the meaning of section 123(7) of the act. therefore, the appellant contended that first there was no pleading, secondly, particulars were not allowed to give the appellant an opportunity of knowing the case; and .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-01-1971
Reported in : AIR1973Cal193
..... by way of his remuneration. he also argued that in order to make out such a case the appellant should have laid the foundation of it in his written statement. in support of this contention, reliance was placed on (1942) 1 all er 97, air 1925 ..... notes. in that case the question was whether the essential requirements of a partnership under section 26-a of the income-tax act were present in that case. it was held that the fact that the exclusive power of control was given to one partner ..... the owners in accordance with the shares of the two owners, did not necessarily establish a partnership within the meaning of the act. i do not think this decision is of any assistance to the appellant in this case because it is not the respondent' ..... agreement between the parties is an admitted document. it is common case that the agreement was entered into between them and it was acted upon. i have no doubt that the respondent was prevaricating in his attempt to explain away the terms of the agreement. the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-30-1971
Reported in : AIR1973AP149
..... by giving rise to a presumption of genuineness with regard to documents reaching certain age. in other words, documents thirty and more years' old prove themselves. the foundations for the presumption are the age of the document, its unsuspicious appearance, the production from proper custody and other circumstances. the words ' may presume ' in section ..... to say from these recitals that ademma is the sister of venkatasubbayya and therefore he is the nephew of venkatasubbayya, who under the hindu law inheritance amendment act, is the nearest reversioner to the estate of venkatasubbayya. the letter significantly is not directed to venkatagiri. if this was really sent by post, one would ..... to say, its genuineness. the drawing of the presumption does not connote the idea that the contents of the documents are true or that they have been acted upon ; 6. the presumption applies only to original documents and not on any copy thereof, certified or otherwise. 8. bearing these principles in mind, we .....
Tag this Judgment!Court : Orissa
Decided on : Nov-29-1971
Reported in : AIR1972Ori188
..... and his establishing one or other of the recognized grounds for quashing. the necessity for judicial scrutiny when a person comes to court complaining against an act of commission or omission of an administrative authority regulating trade, business or occupation under law which prejudicially affects him, springs from the concept of supremacy of ..... the powers which the commissioner may exercise and the duties which he may perform under this section must be in regard to matters not otherwise provided in this act and in areas not otherwise covered. section 28 deals with commissioner's powers to suspend, remove, or dismiss a trustee whether hereditary or non-hereditary of ..... in the matter. 7. two questions have been raised by learned counsel for opposite partyno. 1. first section 7 of the orissa hindu religious endowments act confers an absolute discretion on the endowments commissioner in the matter of passing interim orders as may be deemed necessary for the proper maintenance of a religious .....
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