Court : Supreme Court of India
Reported in : AIR1965SC1457; (1965)GLR742(SC); [1965]2SCR328
..... the "landlord under section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the maharashtra revenue tribunal under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. ..... intends that if an application filed before march 31, 1957 is pending when the amending act comes into force, the tenant who could not in such a case have become a purchaser when the amending act came into force can do so if that application fails, and then only on ..... obviously is that a tenant fulfilling its conditions is to be deemed to have become a purchaser on the passing of the amending act, with effect from an earlier date and where an application for his ejectment on the basis of a notice either under s. ..... landlord tinder section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the bombay revenue tribunal under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. ..... by the divisional officer or the state government, at any time,- (a) call for the record of any inquiry or the proceedings of any mamlatdar or tribunal for the purpose of satisfying himself as to the legality or propriety of any order passed by, and as to the regularity of the proceedings of such mamlatdar or tribunal. ..... 1964 ..... 1964 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1701; 1964CriLJ609; (1964)2MysLJ(SC)51; [1964]7SCR606
..... it was the prosecution case that the appellant removed the half portion of the ten-rupee currency note from inside the envelope and to cover up his misconduct made alterations in the petition contained in the envelope and in ..... that he himself opened the letter, tempered with its contents, and removed the half currency note, facts which have been proved to have been committed by someone, does not mean that his detaining the ..... but, the purpose alleged by the prosecution was that he wanted to commit theft of the currency note, and to cover this up, to make alterations in the list of registered articles, these purposes ..... suit or other legal proceed- ing shall be instituted against the government or any officer of the post office in respect of the payment of any money order being refused or delayed by, or on account of, any accidental neglect, omission or mistake by, or on the part of an officer of the post office, or for any other cause whatsoever, other than the fraud or wilful act or default such officer; and brings out effectively the contradistinction between wilful act or default of ..... board mills)(2) not infrequently the word has been used to mean that the act had been done with a bad purpose or without justifiable excuse or stubbornly, ..... on the 18th october 1955 a registered letter containin half portion of a ten-rupee note and petition on behalf of one muppayyagonda asking for the said note to be exchanged for a fresh note was received at the haveri post office at 4.30 p.m. ..... 1964 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC93; [1964]8SCR152
..... 7(d) of the representation of the people act, 1951 (43 of1951). ..... 7(d) of the act, but thereturning officer over-ruled his objection. ..... 7(d) of act 43 of 1951 and declared theelection void. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC516; [1964]8SCR347
..... 1008thus : 'in a proceeding for the framing of a schemerelating to a temple it may be permissible to take into account the claims,moral if not legal, of the archakas and to make some provision for protectingtheir rights, but those considerations appear to us to be entirely out of placein a suit for ejectment on proof of title.' 32. ..... now coming to the appeals relating to chowleswaraswami temple, thefactual and legal position is exactly the same as in the case of pongaliammantemple. ex. ..... 44-b-11(a) of the madras hindu religious endowments (amendment) act, 1934,for a declaration that the alienations of portions of inam land attached to thetemple were null and void and for resumption and regrant of the same to thedeity. ..... the point to be noted is that the predecessor-in-interestto the present archaka admitted that the produce from the land was utilized forthe services of the deity. ..... 44-b of the act had no application as the grant was to the deityand was not a service inam. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)ALLMR620; 2005(6)BomCR899; (2005)107BOMLR45; 2005(4)MhLj462
..... having once committed the default, in spite of the mandate of the bombay rent act, and the order passed by the trial court for depositing the rent regularly and considering the scheme of the bombay rent act and the mandate as declared by the apex court and the bombay high court and the decisions referred above, and relied by the petitioner, i see there is no reason to grant any premium ..... payable by the month, the tenant must if he wants to avail of the benefit of the latter part of clause (b), tender or pay it every month as it falls due, or at his discretion in advance. ..... the scheme and purpose of the bombay rent act, and specially section 12(3) (a) and (b) has been declared by the apex court, in mranalini (supra) in the following words;'the above enunciation, clarifies beyond doubt that the provisions of clause (b) of section 12(3) ..... it enjoins a payment or tender characterised by reasonable punctuality, that is to say, one ..... the act, that if there is irregularity, and in the present case, in spite of the order passed by the court, there were no regular payments made or deposited by the petitioner-tenant, there is no question granting any benefit or protection to such a tenant, there is no question of condoning said act of ..... above judgments, and as admittedly, the petitioner failed to make the payment regularly even, during the pendancy of the suit; there is no reason to grant him the protection of the bombay rent act, as insisted by the petitioner-tenant. ..... on : [1964]5scr157 , vora .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees) or (b) by an employed person or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any inspector under this act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to ..... of wages and penalty for malicious or vexatious claims- (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as a judge ..... the discussion we may also note that a division bench of ..... here, as pointed out by this court in kaushalya rani's case : [1964]4scr982 the time limit of sixty days laid down in sub-section (4) of section 417 is a special law of limitation and we do not find ..... it is worthy of note that although the act has been amended on several occasions, a provision like section 86(1) as it now stands has always been on the statute book but whereas in the act of 1951 the discretion was given to the election commission to entertain a petition beyond the period fixed if it was satisfied as to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP242; [1964]15STC254(MP)
..... misconception in the minds both of the petitioners as well as of the taxing authorities on the question of the nature and effect of a hire purchase agreement and of explanation i to section 2(n) of the act, and that in view of the authoritative pronouncements of the supreme court there was no justification for this misconception and the removal of the misconception was necessary for guiding both the petitioners as well as the ..... con-duded by the petitioners, where the hirer had an option of returning goods and also of purchasing them, there was no contract of sale at all; that under section 4 of the sale of goods act, 1930, a transaction could be called a 'sale' only when for money considerations property in goods was transferred under a contract of sale; that a contract of sale between the parties was a pre-requisite ..... of hire-purchase of motor vehicles that have been entered into between them and some persons do not amount to sale of goods according to the meaning of 'sale' in the sale of goods act, 1930; that those transactions are merely contracts of hire, the hirerhaving an option to return goods and an options to purchase, which he may exercise or not according to his desire; that so ..... , 1959 scr 445: (air 1958 sc 682) (supra) leaves no doubt that if the question of the validity of explanation i to section 2(g) of the bengal act had arisen in connection with its legality and operativeness in bengal itself, then the supreme court would have held the explanation to be ultra vires. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC555; 1965MhLJ105(SC); [1964]8SCR178
..... the material partof the section runs thus :- (1) no suit shall be institutedagainst the corporation or against the commissioner, or the transport manager,or against any municipal officer or servant in respect of any act done orpurported to be done in pursuance or execution or intended execution of thisact or in respect of any alleged neglect or default in the execution of thisact :- (a) until the expiration of onemonth next after notice in writing has been, ..... ,notification, notice, tax, order, scheme, licence, permission, rule, bye-law,or form made, issued, imposed or granted under the bombay district municipalact, 1901 or the bombay municipal boroughs act, 1925 or any other law in forcein any local area constituted to be a city immediately before the appointed dayshall, in so far as it is not inconsistent with the provisions of this ..... that with effect fromthe 15th february, 1950, the date from which the corporation came intoexistence under the provincial municipal corporation act, 1949, this deductionof 10 per cent had become invalid in law and claimed that this amount should bepaid to him. ..... the legal remembrancer to thegovernment of bombay expressed his view on this question in these words :- the special powers conferred in the last sentenceof clause (f) of section 48(1) of the bombay district municipal act seems tonegative the power of the municipality (of shirpur) to make any deduction fromthe refunds by means of rules regulating the system, for making refundsreferred to in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad488
..... employees find it necessary in their own interests it seems, to impose such terms on the contracts whose tenders they accept, and the contractors are willing in order that their tenders should be accepted, to be bound by such terms. ..... ) the defendant applied under section 34 of the arbitration act, for stay of all further proceedings in the pending suit. ..... the plaintiffs then made a tender and entered into contract with the defendant, viz. ..... (9) we may here conveniently note that in russell on arbitration 17th edn. ..... tenders were invited for the construction of certain pile foundations, and the central public works department also furnished a bore chart relating to the locality, and indicating the strata of soul at four places, as a result of boring ..... 4 of the arbitration act, 1889, to stay the proceedings and to refer the dispute to arbitration under the relevant clause. ..... 34 of the arbitration act 10 of 1940, upon a pending suit, wherein the basis of the suit itself is the void nature of the contract between the parties. ..... (11) but we find that this view of the law has been superseded by later developments, even in the united kingdom, and by an amendment of the english arbitration act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR2258
..... the arbitration and when a true copy of the contract containing the 'arbitration agreement' is already annexed along with the petition, all the pre-conditions under section 8 of the arbitration and conciliation act, 1996 are satisfied and, therefore, the parties must refer their dispute to arbitration as per clause 28.0 i.e. ..... with reference to the earlier rulings, it was held that instrumentality of the state cannot act in very unreasonable and arbitrary manner with the public and if their act cause harm, injury flowing from their unreasonable conduct, mandamus under article 226 of the constitution of india may ..... the other party before he submits his first statement of the substance of the dispute, moves the court for referring the parties to arbitration and (e) that along with the application the other party tenders the original arbitration agreement or duly certified copy thereof.23. ..... legal position has undergone a substantial change, having regard to section 5 of the arbitration and conciliation act, 1996 vis-a-vis provisions of the arbitration act, ..... it is also contended that as the respondents decided to call for tenders for allotment of the lease, the competent authority by its letters advised the respective petitioners that it has regretted their request for extension of the contract for a further period ..... according to the petitioners, they had participated in a tender process of the respondents for taking on lease a parcel /space in break van/parcel van ..... singh : (1964) 2 scr .....
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