Court : Madhya Pradesh
Decided on : Sep-26-1988
Reported in : I(1990)DMC327
..... protest by the appellant.14. the first part of the allegation is that pappu had been residing in her mother's house without being a relative. the foundation in the plea is that the respondent had a liaison with him, but the appellant could not gather courage to express it in so many words. pappu was ..... there was any other bed-room, on the upper storey. moreover, it looks quite unnatural that a wife, who had been co-operating for performance of sexual act during the first visit will suddenly develop indifference towards it. the suggestion thrown during cross-examination that the respondent abstained from sex apprehending pappu's magical vision is ..... correct. the respondent had throughout been willing to resume cohabitation and she maintains that even today. therefore, it must be held that the appellant having condoned her acts and omissions on condition of her returning back, backed out despite respondent's willingness to return, and filed the present petition. this court is entitled to take .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-04-1988
Reported in : (1988)72CTR(AP)59; [1988]171ITR249(AP)
..... to the limitation specified in section 37(3) and the aggregate of such expenditure should further be subject to the limitation in section 37(3a) of the act. mr. satyanarayana pointed out that this double limitation may cause jeopardy. it may be, but, that is obviously the intention of the legislature. instances of ..... legislature was to restrict the colossal expenditure by taxpayers on advertisement, publicity and sales promotion. to achieve that object, provisions were incorporated in section 37 of the act limiting the expenditure on these items. the limits are specified in the rules prescribed, vide rule 6b. section 37(3) authorises an allowance of expenditure on ..... tax rules does not come within the ambit of the words 'aggregate expenditure' or 'adjusted expenditure' within the meaning of section 37(3a) of the income-tax act, 1961 ?' 5. we have heard standing counsel for the revenue and sri a. satyanarayana, learned counsel for the assessee. having carefully looked into the provisions, .....
Tag this Judgment!Court : Orissa
Decided on : May-09-1988
Reported in : AIR1989Ori120
..... applies with full force even to administrative actions of the state which strictly speaking do not give rise to contractual obligations between the parties and that if a citizen has acted upon an administrative assurance to his disadvantage, the state can be pinned down to its promise. all the medical colleges of the state are state-owned and admission in, them ..... annexure-3 had been complied with by the petitioner. even further, basing on the representation made by the authorities intimating that he had been selected for admission, the petitioner had acted to his gross detriment resigning from government service only in order to join the r.h.s. course. thus refusal of admission to the petitioner on a ground which was .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-07-1988
Reported in : AIR1989Raj43
..... case it was held that where there has been no application under section 50 consequently no issue of a notice under order 21, rule 22(1), the foundation of the courts' jurisdiction to execute a decree against the legal representative is entirely wanting and sale held without jurisdiction would be void.17. in mubarak begum ..... these execution proceedings, would not mean that the execution proceedings are for execution of a decree for payment of a debt to which section 214 of the succession act are attracted. the objection raised by shri ahmed bux is, therefore, without substance and is rejected.15. another contention that has been urged by shri ahmed ..... the deceased decree-holder, khurshid alam, and that for the purpose of filing the execution petition they should have first obtained a succession certificate under the indian sucession act, 1925. in support of his aforesaid submission shri ahmed bux has placed reliance on the decision of this court in ganeshmal v. smt. anand kanwar, 1968 raj .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-22-1988
Reported in : 1988(3)BomCR388; (1988)90BOMLR403
..... sham ground, because neither the obstructionists had a right to set up the plea of protected licensees nor their plea of protected licensees, in fact, had any foundation in veracity. it should be said to be an anomalous system of law if the system gives to rank trespassers and persons abusing the process of law ..... protection was a statutory protection specifically given by the supervening rent control legislation. as stated above, there is no comparison between a statutory protection and incidence of acts of parties. a statute has always the over-riding effect and particularly so if is a welfare legislation.then certain authorities of others courts were sought to ..... , says that the decree is not executed.in this connection, he lad particular emphasis upon the employment of the expression 'landlord' in section 17(1) of the act as also the expression 're-let.....to any person other than the original tenant'. according to mr. parikh, if the present petitioner tries to execute the decree now .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1988
Reported in : ILR1989KAR2138
..... it was held that he was entitled to claim reduction in the contract rate, having regard to the fact that there was a substantial alteration in the very foundation of the contract.in the instant case, as rightly submitted by sri gundu rao, learned counsel for the plaintiff, clause no. 16 does not enumerate the grounds ..... a claim against the contractor-plaintiff for having failed to execute the contract. thus, the clause enables the contracting party-defendant to take advantage of his own acts of commission and omission resulting in breach of the contract. in the aforesaid decision, the bar of claim against the state related to the details of quantities ..... of limited jurisdiction and not to the ordinary civil courts whose jurisdiction is confined to territorial as well as pecuniary and are established under the karnataka civil courts act, 1964 and similar such enactments in the various other states of the union of india. in this connection, learned counsel for the plaintiff has placed reliance .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-17-1988
Reported in : [1989]74STC336(AP)
..... merely because some profit arises from the activity.' the supreme court also held : 'there is no factual foundation for the submission based upon section 23(2) and other sections of the rtc act which empower a road transport corporation to issue shares including issuing shares to members of the public and to ..... be dealt with for sales tax proceedings as representing the central government, which by the express inclusive definition was made a 'dealer' under the central act. the systematic activity of buying foodgrains and fertilisers and selling them by the central government, although in fulfilment of a beneficent national policy, was nevertheless trade ..... dealt with the objects of the corporation to the following effect : 'the andhra pradesh state road transport corporation is constituted under the road transport corporations act, 1950. the object of this corporation is to provide or secure or promote the provision of an efficient, adequate, economical and properly co-ordinated system .....
Tag this Judgment!Court : Orissa
Decided on : Aug-09-1988
Reported in : AIR1989Ori76; 66(1988)CLT515; [1989]74STC296(Orissa)
..... observations made in this decision, however, may be usefully noticed, it was observed in para 19 that : --'....the word 'consumption' in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article. but in some legal contexts, the ..... cinema hall.the petitioner disputed the demand on the ground that bringing films on hire for exhibition only did not attract the mischief of the aforesaid provision of the act, but having failed to convince the municipal authorities has filed the present writ application.3. section 131 authorises the municipal council to impose various taxes, and clause ..... from distributors for exhibition in his hall. the dhenkanal municipality having been authorised to levy octroi under section 131 (1)(kk) of the orissa municipal act, 1950 (for short, 'the act') issued a notice (annexure 1) to the petitioner requiring him to pay octroi duty at the rate of 3 per cent for user of films .....
Tag this Judgment!Court : Orissa
Decided on : Mar-07-1988
Reported in : 65(1988)CLT729; 1988(18)ECC299; 1988(36)ELT584(Ori)
..... that the transactions between the witnesses claiming themselves to be certified goldsmiths and the accused, even if accepted, were not done in the manner prescribed under the act and the rules. it is surprising that the witnesses who did not have any previous transaction with accused pravakar rao would entrust to him substantial quantities of ..... for the reasons stated therein, it is clear that the trial court rightly convicted the accused persons of the charge under section 85(1)(ii) of the act and sentenced them thereunder. the lower appellate court was clearly in error in reversing the said decision and acquitting the accused persons. accordingly, the appeal is allowed ..... , cuttack, acquitting the respondents is set aside and the judgment of the learned chief judicial magistrate, cuttack, convicting them under section 85(1)(ii) of the act and sentencing each of them to undergo rigorous imprisonment for two years and to pay a fine of rs. 3,000, in default, to undergo rigorous imprisonment .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-29-1988
Reported in : (1988)70CTR(Guj)185; [1988]172ITR698(Guj)
..... which amounted to nothing else but defeating the basic provisions and intentions of the act, the truss act and the settlor's or author's wishes. the commissioner of income-tax observed that the assessee had donated a particular amount to the nehru foundation. these trusts were created by the same group of persons. consequently, the ..... income was no actually applied and spent on the charitable purposes. hence, exemption under section 11 of the act was not available to the assessee. the commissioner also held that ..... and `accumulated' meant that the income was set apart during the year for future spending on such purposes. the expression `accumulated' for a purpose involved a conscious act in praesenti and posited a clear indication on the part of the trustee to set apart the income for that purpose. therefore, under clause (i) of section .....
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