Court : Supreme Court of India
Decided on : May-09-1995
Reported in : (1995)2GLR1189; JT1995(4)SC310; 1995(3)SCALE561; (1995)4SCC696; [1995]Supp1SCR63
..... 30. dewan daulat rai kapoor arose under the punjab municipal act, 1911 (as applicable to delhi) and the delhi rent control act, 1958. a three-judge bench, speaking through p.n. bhagwati, j., considered the aforesaid decisions and followed the ratio in padma debi, life insurance corporation of india and guntur municipal council in view of the fact that the definition of 'annual value' in section 3(1)(b) of the punjab municipal act, 1911 was similar to those in the enactments considered in the above decisions; ..... that can be done without any difficulty by keeping in view the principles laid down in section 4 of the act (rent control act) for determination of fair rent'.27. in ratna prabha, a three-judge bench was confronted with the above decisions in the context of madhya pradesh municipal corporation act, 1956 and madhya pradesh accommodation control act, 1961. the definition of 'annual value' in section 138(b) of the municipal corporation act read as follows:(b) the annual value of any building shall notwithstanding anything ..... annual rent.28. section 7 of the m.p. accommodation control act provides for fixation of standard rent. section 5 bars recovery of any rent over and above the standard rent. section 6 says no persons shall claim or receive any rent in excess of the standard rent while section 43 makes receipt of 'any rent in excess of the standard rent as specified in clause (1) of section 7 or as fixed by the rent controlling authority under section 10' punishable with .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1995
Reported in : AIR1996Cal140
ORDER1. This is a suit for accounts and payment of the sums found due and owing by the defendant on the said accounts to the plaintiffs. Plaintiffs case is follows: The original plaintiffs Promode Ranjan Sarkar, Pabitra Ranjan Sarkar, Prafulla Ranjan Sarkar and Saroj Ranjan Sarkar are the brothers of Nalini Ranjan Sarkar, a Hindu governed by the Dayabhaga School of Law.2. On the 25th January, 1953, the said Nalini Ranjan Sarkar died intestate leaving him surviving the plaintiffs as his only heirs. The original defendant, Hindusthan Cooperative Insurance Society Ltd. at a meetingof its Board of Directors held in Calcutta on 12th August, 1940 resolved as follows: Resolution No. 6-- Re: Premises No. 237, Lower Circular Road, the house with all furniture and fittings, except those purchased by Mr. Sarkar himself (meaning thereby the said Nalini Ranjan Sarkar deceased) will as at present belong to the Society, (meaning thereby the Society) Mr. Sarkar having no title thereto or interest ther...
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1995
Reported in : AIR1996Cal417
ORDER1. This is a suit for recovery of Rs.44,958/- (Forty-four thousand nine hundred fifty-eight) only being the amount due and payable from 25th January, 1956 till 24th Jan. 1958 by the Hindusthan Cooperative Insurance Society Ltd., a company incorporated under the Indian Company's Act. By virtue of the provisions of the Life Insurance Corporation Act, 1956 (Act No. X 31 of 1956) the assets and liabilities of the said Hindusthan Co-operative Insurance Society Ltd. having been vested in the Life Insurance Corporation of India, the present defendant is said to be liable to pay to'the plaintiff the said sum of money.2. Plaintiff's case, shortly slated, is that Late Nalini Ranjan Sarkar predecessors-in-interest of the original and substituted plaintiffs was associated with Hindusthan Cooperative Insurance Society Ltd. and in consideration of his devoted and loyal service the said 'society at a meeting of its Board of Directors held in Calcutta on 12th Aug. 1940, resolved, inter alia, as f...
Tag this Judgment!Court : Orissa
Decided on : Jan-04-1995
Reported in : (1995)126CTR(Ori)359
G.B. Patnaik, J.1. On an application being filed under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has formulated the following questions for the opinion of this court :' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the incentive bonus received by the assessee can be assessed as income from profession and deduction at the rate of 40 per cent. be allowed on account of expenses ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessee being an employee of the Life Insurance Corporation of India and deriving both salary and incentive bonus could not be assessed under Section 16 of the Income-tax Act, 1961, in respect of his incentive bonus receipt ?(iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right to endorse the view of the Appellate Assistant Commissioner of Income-tax in holding that the term ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-05-1995
Reported in : AIR1995SC676; JT1995(1)SC290; 1995(1)SCALE65; (1995)1SCC537; [1995]1SCR56
ORDERN.P. Singh, J.1. This appeal has been filed against an order dated 21.9.1992 passed by the Allahabad High Court on a Writ Petition filed on behalf of Respondent Nos. 5 to 7. By the impugned order the High Court has quashed orders dated 13.8.1981 and 18.11.1981 passed by the Rent Controller declaring a vacancy under Section 12(2) read with Section 12(4) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act').2. The dispute is in respect of a shop bearing Municipal No. 24-34 situated at Mahatma Gandhi Marg, Civil Lines Market, Allahabad. In the year 1937, the shop was let out to late Sheobux Roy by the grand father of the appellant. The said Sheobux Roy started a business in the name and style of 'M/s. B.N. Rama & Co.'. Sheobux Roy died on 3.2.1941 leaving behind five sons namely Khush Bakht Roy, Sant Bux Roy, Sampat Roy, Ganpat Roy and Sheopat Roy. In the year 1943, there was a family partition amongst the sons of Sheo...
Tag this Judgment!Court : Kolkata
Decided on : Jan-05-1995
Reported in : AIR1995Cal104,99CWN483
ORDER1. In this writ application the petitioners have, inter alia, prayed for issuance of writ of certiorari for quashing the proceedings being C.D.F. Case No. 94 of 1994 (Sarita Agarwal v. ANZ Grindlays Bank) pending before the respondent No. 1.2. The fact of the matter lies in a very narrow compass. The respondents Nos. 2 and 3 opened an account for availing banking services under the Cashette Scheme of the petitioner-bank (hereinafter referred to as 'the Bank'). In terms of the said scheme credit limit/overdraft limit is allowed to the extent of 50% of the market value of the shares kept with the bank. The respondents Nos. 2 and 3 made a request to the bank for withdrawal of shares of Tube Investment of India Ltd. on 20-9-93. It is admitted that the sanctioned credit limit of the respondents Nos. 2 and 3 was Rs. 73,600/- and out of the said amount they utilised a sum of Rs. 61,939/-.3. The respondent No. 3 on or about 24-9-93 stated that the sale proceeds would be deposited in the b...
Tag this Judgment!Court : Delhi
Decided on : Jan-09-1995
Reported in : 57(1995)DLT274; 1995(32)DRJ293
Anil Dev Singh, J. (1) This petition under Article 227 of the Constitution of India questions the order of the Additional District Judge dated August 28,1990, whereby the matter has been remanded to the Estate Officer for allowing the petitioner to cross-examine certain witnesses and to conclude the proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act,1971 (for short 'the Act'). (2) The facts giving rise to the petition are as follows: (3) On November 27,1984 the second respondent invited tenders for allotment of a centrally air conditioned restaurant in Palika Parking for five years on license basis. Pursuant to the invitation,the petitioner submitted his tender. According to the said tender, the petitioner offered to pay a license fee of Rs.1,20,203.00 per month for the premises in question. Besides he also agreed to pay the air conditioning charges to be determined by the second respondent. The tender of the petitioner being the highest was accepted by the ...
Tag this Judgment!Court : Kerala
Decided on : Jan-16-1995
Reported in : [1995(71)FLR268]; (1995)IILLJ235Ker
Thomas, J.1. The question involved in this appeal is whether the employment injury sustained by a workman had resulted in permanent total disablement? As the question was decided in the affirmative by the Employees Insurance Court (for shot the Insurance Court) this appeal is filed by the concerned Regional Director of the E.S.I. Corporation.2. The workman concerned was doing weaving work in a coir factory run by a co-operative society. He had a fall on July 30, 1985 and sustained injury to his back bone. He was treated in the Medical College Hospital for a certain period. When he renamed for work he was found not fit to do the same work, but his request for assignment of lighter work was not granted by the society. He approached the E.S.I. Corporation and it was accepted as a case of 'employment injury' and then he was referred to the Medical Board for assessing his disability. The Medical Board examined him and assessed his loss of earning capacity as 20%. The workman preferred an ap...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-17-1995
Curtiss-Wright Corp. v. Schoonejongen - 514 U.S. 73 (1995) OCTOBER TERM, 1994 Syllabus CURTISS-WRIGHT CORP. v. SCHOONEJONGEN ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 93-1935. Argued January 17, 1995-Decided March 6,1995 Petitioner Curtiss-Wright Corp. amended its employee benefit plan to provide that the postretirement health care coverage it had maintained for many years would cease for retirees upon the termination of business operations in the facility from which they retired. In ruling for respondent retirees in their ensuing suit, the District Court found, among other things, that the new provision constituted an "amendment" to the plan; that the plan documents nowhere contained a valid "procedure for amending [the] plan, and for identifying the persons who have authority to amend the plan," as required by 402(b)(3) of the Employee Retirement Income Security Act of 1974 (ERISA); and that the proper remedy for this violation was to...
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-1995
Reported in : 1996ACJ317; AIR1995All299
ORDERS.H.A. Raza, J.1. Mrs. Aqeela Kamal widow of late Kamal Ahmad, who claims that her maiden name was Aqeela Bano, and was married to Sri Kamal Ahmad on 25th April. 1976, by means of this writ petition, has prayed for the issuance of a writ in the nature of mandamus commanding the Oriental Fire and General Insurance Company Ltd. and its Divisional Manager to pay the amount due to her under policy bearing No.221I7/41/52/ 83/00017. The said policy was Personal Accident Policy for a sum of rupees fifty thousand. It was averred that the husband of the petitioner had taken the aforesaid policy in his name and the petitioner was nominated as the nominee in the said policy. In the said policy after the words 'nominee', the name of the petitioner was mentioned as Mrs. Quila Kamal wife of the Insured.2. Besides the above, Late Sri Kamal Ahmad, the husband of the petitioner also got himself insured with another policy No. 59332252 with Life Insurance Company of India, in which the petitioner w...
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