Judgment Search Results Home > Cases Phrase: official trustees amendment act 1964 Page 10 of about 30,376 results (0.105 seconds)

S. Pattabiraman Vs. S.P. Chandrasekaran and ors.

Court : Chennai

Reported in : (1997)1MLJ429

..... the break in either of the links snaps off the right denuding the continuity of the statutory tenancy.on going though our act, i feel that the amended act of rajasthan is similar, and if so, the petitioner herein has to establish that he has also been carrying on business in association with the deceased, and it should be such business as was being conducted by the ..... implied, would be payable for any premises and includes any person holding or occupying a premises or a sub tennat or any person after termination of a tenancy in his favour otherwise than under the provisions of this act.the act was amended in 1976, and the amended definition read thus:'tenant' means:(a) the person by whom or on whose account or behalf rent is, or, but for a contract express or implied, would be payable for any premises to his landlord including the ..... of 'tenant' in section 3, sub-clause (vii)(b) makes the legislative intent manifest that from the date the amendment act came into force, on the death of the tenant, his surviving spouse, son, daughter and other heir, in accordance with personal law as applicable to him, who had been, in the case of the premises leased ..... and in the case of premises leased out for commercial or business purposes, ordinarily carrying on business with him in such premises as members of his family upto his death.while considering the scope of the amended act, their lordships held thus:on determination of tenancy the appellants became trespassers. ..... official trustee, madras .....

Ms. Mohamadiya and Company,a Partnership Vs. Smt. C. Uma and ors

Court : Andhra Pradesh

..... (iv) right of the parties are crystallized on the date of the institution of the suit and subsequent amendment would not affect the pending proceedings unless the amending act either expressly or by necessary implication gives retrospective effect to the amended provision (atmaram mittal-air 1988 s.c.2031). ..... in official trustee, west bengal vs. ..... buildings (lease, rent & eviction) control (amendment) act 2005, the pecuniary jurisdiction of the rent controller is limited to rs.3500/- per month in the areas covered by the municipal corporations in the state and rs.2000/- per month in other areas. ..... " in ramvilas bajaj (2-supra), the majority of the larger bench, speaking through me, while dealing with the question whether increase in the pecuniary jurisdiction of the rent controller under section 32(c) of the act had effect on the cases pending on the date of its coming into force, deduced five principles. ..... value of the subject matter of the suit after the institution of the suit or by the precise ascertainment of its value in cases which do not admit of such ascertainment at the time of institution, except when the plaint is allowed to be amended; and that is not really an exception. ..... if the rent controller's jurisdiction is to be determined on the future act, then that would become a purely speculative litigation, in the sense, if the fixation of fair rent is below rs.3500/- per month, the eviction petition would fall within the rent controller's jurisdiction and if the fair .....

M/S. Mohamadiya and Company,a Partnership Vs. Smt. C. Uma and Others

Court : Andhra Pradesh

hon'ble sri justice c.v. nagarjuna reddy c.r.p.no.5842 o 9. 2-2012 m/s. mohamadiya & company,a partnership firm represented by gulam mohammd khan and others smt. c. uma and others counsel for petitioners : sri k.k. waghray counsel for respondents : sri d. madhava rao ?cases referred:1. c.r.p.no.5025/2009, dt. 21-7-2010 2. 2007(4) alt 34.(l.b.) 3. air 191.madras 998 (f.b.) 4. air 196.s.c.

R. Hemalatha Vs. Kashthuri

Court : Supreme Court of India

..... [(1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 (48 of 2001) and if such documents are not registered on or after such commencement, then, they shall have no effect ..... made by learned counsel appearing on behalf of the respective parties, section 17 of the registration act, 1908, as applicable prior to the registration page 15 of 26 (tamil nadu amendment) act, 2012 and section 17 post amendment act, 2012, are required to be referred to which are as under.7. ..... it was the case on behalf of the defendant that in view of the tamil nadu amendment act no.29 of 2012 to the indian registration act, under which the instruments of agreement relating to sale of immovable property of the value of rs.100/ and upwards is compulsorily required to be registered, ..... in so far as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (iv) any endorsement upon or transfer of any debenture issued by any such company; or (v) [any document other than the documents specified in sub section (1a)]. ..... [official .....

The Special Tahsildar for Land Acquisition, Kozhikode-i and ors. Vs. F ...

Court : Kerala

Reported in : AIR1970Ker301

..... official trustee, (1967) ..... and we might add that if that question arose we do not think we would have had much difficulty in holding that the right conferred on the appropriate government by sub-section (3) of section 6 of the central act to acquire the land concerned in manner thereinafter appearing, in other words, for the amount of compensation fixed by the award, a right akin to a right of pre-emption or that conferred by an agreement to buy, is ..... and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed act shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, ..... that the other contentions raised before the learned single judge, namely, that section 17 of the central act was wrongly applied and that the consent under section 40 (1) was wrongly given in the absence of a report by the collector under section 5-a, have been rightly repelled by the learned single judge in the light of the provisions or section 17 as amended by madras act xxi of 1948 and in the light of the provisions of section 40 itself. ..... confined to its context; if it is given a wider application it would be contrary to what was held in air 1964 sc 1284.14. ..... , air 1964 sc 1284 and in ekambarappa .....

T.S. Arulroyer (Deceased) and ors. Vs. Lajja Bai

Court : Chennai

Reported in : (1997)1MLJ208

..... official trustee : (1978)1mlj190 , while dealing with the definition of the erstwhile clause (8) of section 2 of the substituted clause (8) of section 2 of the act, which was amended as per the act xxiii of 1973 has considered the issue, which can be usefully and beneficially extracted as hereunder:we are of the view that even under the old definition, the legislature made it clear that ..... grandsons of the deceased tenant who claim to be in continuous association with the deceased tenant for carrying on his business, would satisfy the definition of legal representatives within the meaning of section 2(8) of the act, notwithstanding the fact that the son of the deceased tenant who lives abroad does not claim to be the tenant, apparently because of the fact that he was not in continuous association in the business of ..... if therefore, the halo of the above legislative intent pervaded the entire fabric of the particular legislation and if what has been achieved by the amendments to declare and clarify such a pre existing intent, then the question whether the amendment which is clarificatory in nature is retrospective in operation does not at all....in this connection, it is also useful to refer to the decision reported ..... when the definition was amended as per act xxiii of 1973, the following clause was substituted in the place of the erstwhile clause ..... entitled to have a declaration that she is a tenant of the respondent by virtue of section 2(8) of the act 18 of i960 as amended in 1973? .....

Sukhwinder Kaur Vs. Amarjit Singh and Others

Court : Punjab and Haryana

..... [(1-a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53-a of the transfer of property act, 1882, shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001, and if such documents are not registered on or after such commencement then, they shall have no effect for the purposes of the said section 53-a. ..... or interest, to or in immovable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (iv) any endorsement upon or transfer of any debenture issued by any such company; or (v) [any document other than the documents specified in sub-section (1-a)] not itself ..... , limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:] provided that the [state government] may, by order published in the [official gazette] , exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not .....

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

..... sold within the appointed period, the land will vest in the official trustee of charity lands and charity commissioner was required to take steps ..... enactment religious bequests by a christian is discriminatory and violative of articles 14 and 15 of the constitution must be determined as per the rule of procedure laid down by section 118 of the act, which comes with the purview of articles 14 and 15 of the constitution, and it is, therefore, necessary that all testators who are similarly situated should be subjected to the same rule ..... amending act 1891, further provided that the land may be assured by will to or for the benefit of any charitable use; but in such case it was required to be sold, as a rule ..... whenever fundamental right to freedom of conscience and to profess, practice and to propagate religion is invoked, the petitioners contended that the act complained of as offending the fundamental right must be examined to dishonour whether such act is to protect order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorised by a law made to regulate or restrict any economic, ..... at the same time, since no exemption is granted by the state government to the members of the christian community under section 3 of the act, christians cannot bequest property for religious or charitable use unless fresh will is executed on the expiry of every 12 months, if the testator does not suffer from the misfortune .....

Babburu Basavayya and ors. Vs. Babburu Guravayya and anr.

Court : Chennai

Reported in : AIR1951Mad938; (1951)2MLJ176b

..... official trustee of bengal, 8 cal. ..... section 11, court-fees act, (as amended in madras) requires payment of court-fee on future mesne profits only if the plff. ..... 372 & the madras amendment of order 20, rule 3. ..... & section 7 sub-section (1), court fees act, require that the amount of past mesne profits claimed should be approximately stated in the plaint & ad valorem court-fee should be paid on such amount. ..... . the principle of this decision was accepted & acted upon by mack j ..... , & section 7(1) & (iv) (f), court-fees act. ..... might move the court to hold an enquiry & pass a final decree awarding such profits without the necessity of filing an application within the period prescribed by article 181, limitation act. .....

Syed Fateyab Ali Meerza Since Deceased Syed Mohammad Abbas Ali Meerza ...

Court : Kolkata

Reported in : 2006(3)CHN407

..... (l) according to the writ petitioner, the official trustee of the west bengal was unlawfully dealing with the murshidabad estate by the purported murshidabad estate (trust) act, 1963 in derogation of the right of the writ petitioner as the then incumbent of the title ..... (i) the west bengal legislature subsequently passed an ordinance which was later on incorporated into a statute, namely, the murshidabad estate administration (amendment) act, 1959 by which the proviso to section 5 of the murshidabad estate administration act, 1933 was deleted and a new proviso was added so that the property might not be restored to the eldest brother of the writ petitioner within sixty days from the date of ..... (h) subsequently, apart from the aforesaid statutes, namely, the act of 1891, the act of 1933, and the murshidabad act, 1946, the murshidabad estate administration (amendment) act, 1959 was passed for better management of the properties of the said estate and by virtue of those two subsequent statutes, the annuity given in terms of indenture dated 12th march, 1891 ..... to nawab bahadur from the revenue of the government in pursuance of the indenture confirmed by murshidabad act, 1891 and to the payment thereafter to the nawab bahadur in accordance with the provision of the said indenture, the following acts were repealed, namely, the murshidabad act, 1891, the murshidabad estate administration act, 1933, the murshidabad act, 1946 and the murshidabad estate administration (amendment) act, 1959. .....