Court : Punjab and Haryana
Reported in : AIR1965P& H175
..... appointed by the state government to perform the functions of a controller and the governor of the state has appointed all 1st class sub-ordinate judge in the punjab to perform the functions of controller under this act within the limits of their civil jurisdiction.section 17 has provided that every order under section 10 or section 13 and also every order on appeal under section 15 is executable by civil courts having jurisdiction in ..... he had converted the user of the leased premises; and (4) that the property had become unsafe for human habitation.jagat ram was served for 7-2-1963 but he did not tender the arrears of rent along with interest on that day but complained to the rent controller that no copy of the application had been served on him along with the summonses. ..... on the proviso to section 13(2)(i) of the rent act which lays down that if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest at 6 per cent per annum on such arrears together with the costs of the application assessed by the controller, the tenant shall be deemed to have duly paid or tendered the rent with in the time mentioned in clause ..... the high court a power of revision in respect of all orders passed or proceedings taken under this act for the purpose to satisfying itself as to the legality or propriety of such orders or proceedings. ..... 'no discordant note had been struck in this court against the aforesaid propositions laid down .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1756; (1971)2SCC288; [1971]SuppSCR671
..... the earnest money and the security shall also be forfeited.a fresh tender for the lands shall be called for and any loss caused in this connection shall be borne by the lessee.clause 5 says:the lessee shall be personally responsible to get the possession of the lands under patta ..... a note containing the terms on which the lands would be leased was exhibited for the information of the tenderers in the office of the lessor. ..... in about january 1947, she published a notice inviting tenders from interested persons for taking those lands on lease for a period of three years beginning from kharif 1947 to rabi 1950. ..... clause 4 reads:according to the terms of the tender, the lessee shall be the essence of contract. ..... the conclusion of the division bench of the jammu and kashmir high court that section 56 of the contract act applies to leases as well cannot be accepted as correct. ..... the appellants are the legal representatives of dewnani vidya wati. ..... the impossibility contemplated by section 56 of the contract act is not confined to something which is not humanly possible. ..... that section to the extent material for our present purpose reads:a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.8. ..... during the pendency of the appeal to the high court vidyawati died and the present appellants were brought on record as her legal representatives.7. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1850; [1964]3SCR297
..... first class may, at any stage of the investigation or inquiry into, or the trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission ..... but in the view we take about the legal validity of the pardon tendered, we do not wish to pronounce one way or the other on this very interesting question ..... this principle is easy to appreciate and follow where one person alone is the accused and the inter-action or intervention of the acts of more persons than one does not come in, it would, where the same act is committed by several persons, be not only inconvenient but injudicious to try all the several persons separately. ..... (approver) and others, known or unknown, in or about april, 1947, at visakhapatnam, agreed to do illegal acts, to wit, commit criminal breach of trust in respect of the funds belonging to the vizagapatam electric supply corporation ltd ..... which included payments to his relatives or to business firms in which he was personally interested) used to be noted and the amount totalled up at the end of the day. ..... these amounts also used to be noted in the private note book and entered 'by safe' in the handover book ..... maintain a private note book. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1965]1SCR803
..... the buyer makes a claim for rejecting the contract, the arbitrators or umpire may, if satisfied that the lot was not a good tender, hold that the buyer is entitled to reject either the entire lot or in a proper case even particular specified chests constituting the ..... less than the full number of chests sold; and in the event of the buyer claiming to reject the lot purchased by him, the arbitrators or umpire, if satisfied that the lot was not a good tender, shall be entitled to award rejection of the entire lot, and not only the particular chests found on examination to be defective.' 18. ..... under the relevant provisions of the travancore-cochin general sales tax act 11 of 1125 (hereinafter called 'the travancore act'), sales-tax officers had assessed the appellants to several amounts of tax in respect of their turn-over for ..... of tea produced by the appellant were sold by public auction at fort cochin; the purchasers paid the consideration at fort cochin and obtained from the auctioneers delivery notes requesting the godown keepers at wellingdon island to deliver the goods. ..... when those appeals were heard by us first on the 10th september, 1964, the procedure followed in conducting the sales in question was placed before us in the form of a summary which we have quoted at the beginning of ..... : [1964]7scr391 this question was attempted to be raised before this court, but this court did not allow the appellant to argue that point, because the finding of the sales-tax authorities that ..... [1964] .....
Tag this Judgment!Court : Mumbai
Reported in : 1984(3)ECC274; 1983LC1142D(Bombay); 1983(14)ELT1736(Bom)
..... that was a case in which originally as a result of the amendment made by madras act 7 of 1964 in entry 47 of the first schedule to the madras general sales tax act, 1959, sales tax was intended to be levied on all kinds of mineral oils, including non-lubricants, at the rate mentioned in that entry. ..... 325, no doubt a division bench of the madhya pradesh high court while considering the meaning of the word 'manufacture' for the purposes of the madhya bharat sales tax act, 1950, held that it was not necessary that there must be a transformation in the materials and that the transformation must have progressed so far that the manufactured article becomes commercially known as another and different ..... (b) man-made fabrics, subjected to the twenty per centprocess of bleaching, dyeing, ad valorem plusprinting, shrink-proofing, tendering, rupees five perheat-setting, crease resistant square metre.processing or any other process orany two or more of these processes. ..... if and when such demands are raised, the question as to whether such demands could legally be raised or whether retrospective provisions are themselves subject to the other relevant provisions of the excise act would have to be considered. ..... 19-i, it is important to note that the high court proceeded on the footing that the processes of bleaching, dyeing and printing are manufacturing processes and held that excise duty would be leviable under residuary item no. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP457
..... the government, it was held, could be made liable either when an officer has taken action in pursuance of a statutory duty, or when the act committed by him happens to be in excess of his authority, unless in the latter case the act is done by the government orders, or subsequently ratified and adopted by it; nor could an action be maintained against the government for a tort committed by its servants if in the passing of the order in the performance of which the tort was ..... (25) he then contended that even though legally speaking they may be immovable property, they could be removed and carried away, and if really the tahsildar had not adopted the procedure applicable to movable property as in the instant case, the machinery would have been carried away, and that the madras revenue recovery act has not provided for a contingency like this. ..... it is unfortunate that a boy of tender age, barely five, has been disabled for ever by the rash and negligent act of the driver. ..... (9) it is very significant to note that form no. ..... state of andhra, 1964-1 andh wr 333. ..... state of andhra, 1964-1 wr 253, decided by another bench of this court, consisting of the chief justice and narasimham, j. ..... 3476 of 1964 for filing an additional written statement, which was ordered by manohar pershad and chandrasekhara sastry, j j . ..... , on 20-3-1964. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All449; (1969)ILLJ247All
..... divorced from the context and the background, the observations might be construed in the manner urged by the learned counsel, but, in reality, that would be misconstruing them.the controversy in moti ram's case : (1964)iillj467sc , as already noted, was as regards the validity of rules 148(3) and 149(3) of the railway establishment code, volume i and, therefore, before considering the merits of the arguments advanced by the parties, the learned judges appear to ..... apart from article 311, which has already been quoted above, article 309 and 310 will need specific consideration and are, therefore, reproduced below:--article 309 'subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the union or of any state: provided that it shall be competent ..... have thought that upon the abolition of the post the services of the incumbent cease automatically and indeed when the termination of service is the legal effect of abolishing the office the infinitesimal period of time separating the two is hardly significant. ..... after reiterating the settled legal position in regard to the applicability of article 311(2) in cases of termination of the service or reduction in rank of a temporary servant or a servant on probation, the learned judge observed:'in regard to servants holding substantively a permanent post who may conveniently .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1298; (1982)1CompLJ1(SC); 1981(2)SCALE959; (1981)3SCC333; [1981]3SCR698
..... in the hand of the directors themselves or their friends.we have already expressed our view that the rights share were issued in the instant case in order to comply with the legal requirements, which, apart from being obligatory as the only viable course open to the directors, was for the benefit of the company since, otherwise, its developmental activities would have ..... register the shares under the articles does not extend to renunciation ; (b) before considering section 43a, which was inserted for the first time in the act of 1956 by the amending act of 1960, it should be noted that section 81 as enacted in the act of 1956 contained three sub-sections (1), 2 and 3, and sub-section 3 provided that 'nothing in this section shall apply to a private company'. ..... obtained under section 28; or(2)(a) where any person or company (including its branch) referred to in sub-section (1) carries on any activity referred to in clause(a) of that sub-section at the commencement of this act or has established a branch, office or other place of business for the carrying on of such activity at such commencement, then, such person or company (in cluding its branch) may make an application to the ..... legal advisers do not necessarily have a biassed attitude to questions on which their advice is sought or tendered ..... [1964] 34 company cases 830-31 that 'a resolution passed by the directors may be perfectly legal and yet oppressive, and conversely a resolution which is in contravention of ..... [1964] argus law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC722; [1965]35CompCas557(SC); [1965]1SCR123
..... the code of civil procedure, 1908 (v of 1908) and in the case of an order affecting an individual person (not being a corporation or firm) serve or cause the order to be served on that person - (i) personally, by delivering or tendering to him the order, or (ii) by post, or (iii) where the person cannot be found, by leaving, an authentic copy of the order with some adult male member of his family or by affixing such copy to some conspicuous part of ..... had clarified the principles applicable in this branch of the law, and that in the light of the criteria there laid down we should hold that on a proper construction of the relevant provisions of the act, mens rea or guilty mind must be held to be an essential ingredient of the offence and that as it was conceded by the prosecution in the present case that the respondent was not aware of ..... a wholesale dealer who had employed a servant to whom he had entrusted the duty of allotting salt to retail dealers and noting on the buyer's licence the quantity which the latter had bought and received all of which were required to be done under ..... if a person chooses to carry on his person what is not personal baggage or luggage understood in the legal sense but what should properly be declared and entered in the manifest of the aircraft there can be no complaint of the ..... such imprisonment continued till may 8, 1964 when the decision of this court was pronounced, so that virtually the respondent had suffered the imprisonment that had been inflicted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1341; (1964)0GLR55; [1964]5SCR157
..... provides : '(1) in any of the following cases the court may, upon an application made to it for that purpose, or in any suit or proceeding, fix the standard rent at such amount as, having regard, to the provisions of this act and the circumstances of the case, the court deems just - (a) where any premises are first let after the first day of september 1940, and the rent at which they are so let is in the opinion of ..... no decree for eviction shall be passed in any such suit if, on the first day of hearing of the suit or on or before such other date as the court may fix, the tenant pays or tenders in court the standard rent and permitted increases then due and thereafter continue to pay or tender in court regularly such rent and permitted increases till the suit is finally decided and also pays costs of the suit as directed by the court.' 14. ..... where there is a dispute as to the amount of standard rent or permitted increases recoverable under this act the tenant shall be deemed to be ready and willing to pay such amount if, before the expiry of the period of one month after notice referred to in sub-section (2), he makes an application to the court under sub-section (3) of section 11 and thereafter pays or tenders the amount of rent or permitted increases specified in the order made by the court.' 17. the ..... . bhutnath bannerjee and others : [1964]3scr495 wherein after referring to the passage already quoted and another passage from the judgment in joy chand lal's case l.h. .....
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