Court : Supreme Court of India
Reported in : AIR1966SC538; 1966MhLJ527(SC); [1966]1SCR618
..... the words held on lease in this clause are only descriptiveof the lands and are not contained to lands held on lease on the date the actcame into force; they equally apply to lands leased before or after the actbecame law and the distinction that was drawn in mohanlal chunilal kotharis;case : [1963] ..... the intention from the express words of s.88(1) is clearly the same and therefore there is no difficulty in holding thatthere is an express provision in the 1948-act which lays down that there willbe no protected tenant of lands held on lease from ..... 31 which gaverecognition to the status of a protected tenant under the 1948-act and if thatprovision is in effect omitted so far as lands held on lease from a ..... was first heard by a division bench of this court and hasbeen referred to a larger bench in view of certain difficulties relating to theinterpretation and inter relation of sections 31, 88 and 89 of the 1948-act and inview of two decisions of this court in sakharam ..... 88 doesnot in so many words say that the interest of a protected tenant acquired underthe 1939-act is being taken away so far as lands held on lease from a localauthority are concerned; but the effect of the express ..... save as expressly provided in this act' also qualify the words'any repeal affected thereby' and even in the case of repeal of theprovisions of the 1939-act if there is an express provision which affects anytitle, right or interest acquired before the commencement of the 1948-act thatwill also not be saved.12 .....
Tag this Judgment!Court : Delhi
Reported in : 1994IAD(Delhi)56; 1994(28)DRJ107
..... but the central government cannot invariably act on the opinion of the advisory board and it is not bound by it as it has power to revoke or modify the detention order at any time before the expiry of the period of detention ..... for the purpose of decision of this petition it is not necessary to refer to the grounds of detention and the plea of the petitioner as to how the grounds are not sustainable resulting in his detention. ..... the board, on the other hand, considers the representation and the case of the detenu to examine whether there is sufficient cause for ..... representation had to be examined independently of the opinion of the advisory board and it was wrong for the central government to await the opinion of the advisory board for it to act on the representation of the petitioner. ..... the representation has been kept pending for a month and we are of the opinion that the provisions of clause (5) of article 22 of the constitution have been violated to the prejudice of the petitioner and his continuing detention is, thereforee, illegal. ..... under clause (5) of article 22 of the constitution as well as to the central government, and the advisory board constituted under section 9 of the n.s.a. ..... on his satisfaction that it was necessary to detain the petitioner with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. ..... the govern- ment considers the representation to ascertain essentially whether the order is in conformity with the power under the law. .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT663
..... in a recent decision in kalpana kothari's case (supra), while drawing a distinction between section 34 of the old act and section 8 of the new act, the supreme court observed as follows:'.....in striking contrast to the said scheme underlying the provisions of the 1940 act, in the new 1996 act, there is no provision corresponding to section 34 of the old act and section 8 of the 1996 act mandates that the judicial authority before which an action has been brought in respect of a matter, which is the subject-matter of an arbitration ..... having given my thoughtful consideration to the rival submissions, i am of the view that in the light of the case law now available on the subject, the objections raised on behalf of rn are devoid of any merit.15. ..... , little realizing that one day their legal acumen would be tried and tested in the law courts against each other . ..... so far as the power of the arbitrator to dissolve the partnership is concerned, the law is clear that where there is a clause in the articles of partnership or agreement or order referring all the matters in difference between the partners to arbitration, the arbitrator has power to decide whether or not the partnership shall be dissolved and to award its dissolution. ..... 6989 and 8913 of 2000) for rejection of the plaint, inter alia, on the ground that the suit was not maintainable in law in view of the existence of an arbitration agreement between the parties. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(4)ARBLR300(Delhi); 146(2008)DLT404; 2007(99)DRJ641
..... also required to be in conformity with the principles of natural justice requiring the tribunal to grant a hearing to the parties, take evidence (though the arbitral tribunal is not bound by the evidence act and the civil procedure court), and then make a reasoned award on the basis of the submissions and evidence by applying the law of the land, and its award is again open to challenge under the act, its decision would certainly not be available as swiftly as that of an expert body. ..... be arbitrated upon in terms of the act, and the opposite party disputes the existence of an arbitration agreement as defined in the act or raises a plea that the dispute involved was not covered by the arbitration clause, or that the court which was approached had no jurisdiction to pass any order in terms of section 9 of the act, that court has necessarily to decide whether it has jurisdiction, whether there is an arbitration agreement which is valid in law and whether the dispute sought to be raised ..... a master to whom a matter in dispute has been referred that he may settle it (2): an attorney at law appointed to act as an officer of the court in determining or reporting on an issue referred to him in a pending proceeding or suit with or without the consent of the parties - distinguished from arbitrator (3): a qualified person appointed by a judge in a juvenile or domestic relations case to investigate and report the facts and often to make recommendations 2 : an official in a sports contest usu. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj55; 1973()WLN786
..... person against whom 'the claim is made has failed to contest theclaim it may for reasons to be recorded by it in writing, direct that the insurer who may be liable in respect of such claim, shall he impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have the right to contest the claim on all or any of the grounds that are available to the personagainst whom the claim has been made. ..... for compensation under section 110-a, theclaims tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and it will also specify the person or persons to whom compensation shall be paid, and it shall further specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them ..... what is noteworthy in section 110-ccc is that it normally speaks of the court as well as the claims tribunal in the same breath and i may read this section as well :'110-ccc (1) any court or claims tribunal adjudicating upon any claim for compensation under this act, may in any case where it is satisfied for reasons to be recorded by it in writing that- (i) the policy of insurance is void on the ground that it was obtained by representation of fact which was falsa in any ..... under the system of our laws even judicial tribunals may exercise both judicial and administrative powers. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj256
..... than i can say.here we enter the domain of both public and private international law; and since the law on the subject is still in a fluid, state, i would venture to suggest that if we apply the sains test to sovereign states as we apply to individuals in a civilised society, the exemption from liability should be confined only to such rights of individuals as arise out of tortious acts of the defunct state or as can be justified' on 'the principle of actio personalis cum moritus causa ; the exemption should ..... ran as follows:'continuance of existing laws in the covenanting states.when the administration of any covenanting state has been taken over by the rajpramukh as aforesaid all laws, ordinances, acts, rules, regulations, and notifications having the force of law in the said state shall continue to remain in force until repealed or amended by a competent authority or unless otherwise provided in this ordinance or any other ordinance, and shall be construed as if a reference in them to the ruler of the state were reference to the raj ..... , the question whether the covenant was an act of state or whether it was a law conferring on the citizens of the defunct states rights which were enforceable in a court of law was not directly considered; the supreme court nevertheless used the word 'constitution' with reference to the covenant and relied upon the terms thereof in support of the authority which the rajpramukh held. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1954Raj236
..... it is first urged that an issue of proprietary right was raised by the present applicant before the trial court, and an issue should have been framed under section 36 of the rajasthan revenue courts (procedure and jurisdiction) act, 1951, and snould have been referred to the civil court for decision, and thereafter the suit should have been decided in conformity with the decision of the civil court. ..... we are of opinion that in this case it cannot be said that there is a patent mistake of law apparent on the record, and therefore we are not prepared to interfere with the order of the revenue court on this ground.10. ..... we are of opinion that where a question of fact has to be decided before a provision of law can be applied, it is the duty of the party seeking relief by a writ to have the question of fact decided by the courts having jurisdiction by raising the plea.we may point out that in this case, according to the plaint, ..... 9) of 1949, and could not have been ejected by the revenue court, and inasmuch as a decree for ejectment has been passed against him, there is an error of law apparent on the face of the record and this court should interfere.4. ..... this heritable and transferable right is found to vest in jagirdars, maufidars, bhomias and kharamdars or bapidars, subject, of course, to such restrictions as the law of mewar provides. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1997)139CTR(Raj)460; [1999]235ITR732(Raj)
..... it is submitted before us by the assessee-firm as petitioner that the order of the income-tax appellate tribunal dated august 27, 1993, is erroneous because it is well settled law and accepted practice with the department to make addition on the basis of peak credit when the cash credits remain unexplained or are found to be bogus. ..... we think that this is not a fit case for making a reference at all within the meaning of section 256(2) of the income-tax act, 1961, and that being so we reject the application. ..... kothari, in both the cases, the high court had directed the income-tax appellate tribunal under section 256(2) of the income-tax act to draw up a statement of case and refer it to the high court. ..... in this reference under section 256(2) of the income-tax act, 1961, the contention, inter alia, of the assessee is that it is a partnership firm. ..... several account books comprising kachi rokar and truck register were detected and were impounded under section 131 of the income-tax act, 1961. ..... the assessee-firm thereafter made a reference application under section 256(1) of the income-tax act, 1961, on the following purported questions of law :'1. ..... an ex parte assessment under section 144 of the act was made on march 29, 1982, on an income of rs. ..... proceedings under section 148 of the act were initiated on the basis of the impounded record. ..... a survey under section 133a of the act was conducted by the income-tax department on august 3, 1979, in the business premises of the petitioner-firm. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN391
..... have already held in agreement with the learned single judge that the petitioner-appellants have not succedeed in establishing any right even prima-facie in their favour and so recourse was rightly taken under section 9a of the act and there is no justification what so ever for the contention that the proceedings initiated and taken under section 9a of the act stand vitiated for the reaeon that the basic principles of natural justice have not been observed. ..... transferred shall be deemed to continue to vest in the land owners;(ii) all transfers of an estate liable to acquisition under this act or part thereof the nature referred to in clause (i) made by the landowner on or after the date of vesting shall be null and void; and(iii) any agreement made by a land owner with any other person on or after the commencement ..... non-recognition of certain transfers and agreements,--not with standing anything contained in any law or judgment, decree or order of a court to the contrary,--(i) no transfer of an estate liable to acquisition under this act or part thereof made by the land owner on or after the date of commencement of this or and before the date of vesting, whether by way of sale, mortgage, gift, exchange, lease, assignment, surrender, bequest, creation of trust or otherwise shall be recognised for any purpose of this act and the estate or part so .....
Tag this Judgment!Court : Rajasthan
Reported in : 1(1989)WLN(Rev)437
..... we have to reconcile the provisions of the tenancy act and have to harmonise them and if so done, there can be no doubt that so far as the mortgagee of tenancy rights is concerned he will be only tenant within the meaning of clause (43) of section 5 of the tenancy act during the subsistence of mortgage and the mortgage stands redeemed or extinguished after the specified period and he will he liable to eviction as a trespasser but the mortgage must the subsisting and the right to redeem should not have been lapsed ..... to be tenant during the subsistence of mortgage as under the other provisions of the tenancy act and more so section 43 of the tenancy act, after the expiry of the period specified in the mortgage or twenty years from the date of execution thereof, which ever period is less, the mortgage stands redeemed a look at section 43 would show that section 43 deals with mortgage of agricultural land and it may be stated that khatedari rights can be mortgaged by a tenant within the four ..... the matter would have been different in case before the tenancy act came into force the right to redeem is extinguished and in that case it cannot be said that any right is vested to redeem the property and even the transferor has no right to file a suit for possession. .....
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