Court : Allahabad
Decided on : Jul-29-1971
Reported in : AIR1972All47
..... ground, inter alia, that the house was ancestral property, that the appellant was in exclusive possession over the house since the death of his father in 1921, that despite various acts relating to the property by the appellant hostile to the interest of the respondent the latter never asserted his right of joint ownership and the appellant was owner of the ..... properties. the trial court decreed the suit but on appeal the high court held that the suit was barred by limitation under article 144 of schedule i to the limitation act.the supreme court took the view that article 144 did not apply. it observed :'this article obviously contemplates a suit for possession of property where the defendant might be in .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-07-1971
Reported in : AIR1972All111
..... the object of sub-clause (2) was only to indicate the extent of retrospectivity and to remove the ambiguity, if any. the distinction between a legislative act and judicial act was considered in piare dusadh v. emperor . in that case the federal court was examining the validity of the sentence which had been validated by the ordinance. ..... which were not sufficiently comprehensive for the purpose is only ancillary or subsidiary to legislate on any subject within the competence of the legislature and such validating acts cannot be struck down merely because courts of law have declared actions taken earlier to be invalid for want of jurisdiction.'16. if the legislature was to ..... section 4 (1) stood exhausted and that it was not competent with the government to make the notification under section 4 (1) of the land acquisition act a reservoir from which he might from time to time draw out land and make successive declarations. the judgment of the hon'ble supreme court necessitated the parliament .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-16-1971
Reported in : AIR1972Guj204
..... it is evidenced by an unregistered mortgage document though it was compulsorily registrable under the kutch registration act then in force in kutch area. the unregistered mortgage document which is otherwise compulsorily registrable cannot lay the foundation for a decree for redemption and, therefore, if that was the only evidence for passing the ..... that such a right can be acquired even if a mortgagee had obtained possession under a void or inoperative mortgagee deed, the provisions of transfer of property act (section 59) are not, at all, affected nor rendered nugatory by recongnising such a right which arises under the operation of law. mr. jani has ..... resolution and the predecessor in title of the respondent corporation went into possession of the land in question pursuant to the government resolution of 1865 and, acting upon the said resolution and the terms contained therein, the respondent corporation and its predecessor in title spent considerable sums of money in levelling the site .....
Tag this Judgment!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 : Allahabad
Decided on : Feb-18-1971
Reported in : AIR1972All34
..... under section 33 of the arbitration act. the learned civil judge upheld the objections and set aside the award. he found that the arbitrator did not serve either a copy or any notice of the claim made ..... dated 7-8-1964. the arbitrator gave an award in favour of the railways, on 5-4-65. the railway authorities moved an application under section 14 of the arbitration act, praying that the award may be made the rule of the court, and a decree be passed for rs. 58,038.60 against the aforesaid society. the society filed objections .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-27-1971
Reported in : AIR1972All52
..... whether by the learned counsel for the parties, or their relations or friends, irrespective of the applicability of sub-section (2) of section 23 of the hindu marriage act, but in this case the facts and circumstances are such that there does not appear in the present mood of the parties that any tangible solution of their problem ..... jurisdiction. i have already held above that the courts below were not in error in not endeavouring for a reconciliation as they never intended to grant any relief under the act. on that account their decree does not suffer from any legal error. this court, therefore, will have no jurisdiction to bring about any reconciliation.14. however, i ..... of grounds raised by him in support of the appeal were tenable, fell back upon the provisions of sub-section (2) of section 23 of the hindu marriage act and submitted that the decree of the court below was vitiated inasmuch as it did not make endeavour to bring about reconciliation between the parties before taking up the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-16-1971
Reported in : AIR1972All129
..... declaration is sought forms the basis for claiming the injunction, then the plaintiff will have to pay court-fees in accordance with section 7(iv)(a) of the act. in the instant case it is obvious that the very declaration sought in relief (a) stands converted into the relief of injunction sought in relief (b). there ..... stamps reported that relief (b) for permanent injunction was consequential to relief for declaration, hence court-fees payable was under section 7(iv)(a) of the court-fees act, the consequential relief for injunction being incapable of valuation, hence the fee chargeable will be ad valorem on the value of the property involved. the learned judge accepted ..... civil judge of jhansi directing the plaintiff to pay ad valorem court-fees on the value of the property involved under section 7(iv)(a) of the court-fees act holding that the suit was one to obtain a declaratory decree with consequential relief. 2. the plaintiffs in their plaint sought later alia the following two reliefs: ( .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-19-1971
Reported in : AIR1972All159
..... the general group of co-operative societies for discriminatory treatment it violates article 14 of the constitution. asto this contention, we are unable to discover any foundation for it in either of the two writ petitions before us. as was laid down by the supreme court in board of trustees v. state of delhi ..... the rules expressly provide for such individuals, on the abolition of their ordinary membership, being absorbed as sympathiser. the act contemplates a new organisational structure in co-operative societies moreover no foundation has been laid in the writ petitions before us on the basis of which the respondents can be called upon to justify ..... by section 17(a), provides for individual members of a co-operative society, rule 44 (b) which bars individuals from being ordinary members is inconsistent with the act and is, therefore, invalid. the submission is plainly untenable. section 17(2) clearly provides that notwithstanding any thing contained in section 17(1) an individual shall .....
Tag this Judgment!Court : Allahabad
Decided on : May-06-1971
Reported in : AIR1972All1
..... ram pershad v. sham sunder, air 1947 lah 13 (fb) was expressly approved in paragraph 6 of the judgment:--'............it is obvious that the act (partnership act) contemplates complete liquidation of the assets of the partnership as a preliminary to the settlement of accounts between partners upon dissolution of the firm and ..... partition' as defined in section 2(15) means 'any instrument whereby co-owners of any property divide or agree to divide such property in severally.'the act, however, does not define the expression 'instrument of dissolution of partnership.' therefore, in considering the true nature and legal incidents of 'instrument of dissolution ..... proper duty therefor. in article 46 of schedule i, the instrument mentioned is 'instrument of dissolution of partnership.' it has already been mentioned that the act does not define the expression 'instrument of dissolution of partnership' although the word 'instrument' is defined. therefore, in article 46, 'instrument of dissolution of .....
Tag this Judgment!Court : Allahabad
Decided on : May-21-1971
Reported in : AIR1972All8
..... liability. the document in so many words says that the executant shall discharge his liability for the payment of sales tax which is created under the sales tax act. it is therefore clear that by reciting the first two conditions in the third paragraph of the instrument, the executant did not create an obligation against himself to ..... to pay the money to the government. the obligation undertaken was to pay such amount of money as may be due to the government under the sales tax act. further, in this paragraph the condition under which the obligation was to become void had also been stated. similarly the recitals made in paragraph 4 also indicate ..... , the obligation created under the document will become void if (1) adukiya while he held the registration certificate under the sales tax duly discharged the liability under the act. (2) adukiya, his heirs executors or administrators pay or cause to be paid to the government, the amount due from adukiya within the prescribed time when demanded .....
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