Court : Rajasthan
Reported in : AIR1984Raj50
..... , city jaipur passed a decree of eviction on the ground of bona fide and reasonable necessity under the provisions of the rajasthan premises (control of rent and eviction) act, 1950. the defendants contested the suit and six issues were framed. evidence was recorded by the trial court and after recording of the evidence the trial court in a ..... in which it was held that the court should consider the requirement of the landlord under section 14 (2) of the rajasthan premises (control of rent and eviction) act with a view to find out whether partial eviction would be sufficient. 9. we have not been able to appreciate the relevancy of the above citations before us, because ..... withdrawal of the appeal. 15. after a finding has been recorded by the trial court under section 13 of the rajasthan premises (control of rent and eviction; act, holding that the landlord-plaintiff is in bona fide requirement of the premises for his own use and that greater hardship would be caused to him if the premises .....
Tag this Judgment!Court : Delhi
Reported in : ILR1984Delhi741; 1984LabIC108; (1983)IILLJ441Del
..... it recognises 'qualifications' and 'higher qualifications' for the profession of nursing. it can withdraw the recognition. its functions are defined in sections 10 and 14 of the act. it has power to make subordinate legislation i.e. to frame regulations. but the preparatory work is done by the executive committee through the inspectors. executive committee appoints ..... they are responsible for reorganisation of nursing education and improvements in delivery of nursing services. they lay down legal standards of education and nursing administration. the council acts as a leader of nursing thought. (26) acceptance of health as a human right leads to the acknowledgment of the need to provide nursing services to all ..... be not an authority within art. 12 (j. s. girl rao vs. hindi kusht niwaran sangh 1982) 2 delhi 217 . bal bhavan board was held to be an authority (mohd. abbas khan vs. bal bhavan board, new delhi 1981 l. f. cases 1476. while the council is cast in a corporate mould, the reality is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H406
..... guardian cannot be permitted to play with his property. it was further observed that the permission of the court under s. 8(2). hindu minority and guardianship act, obtained by col. sukhdev singh on april 11, 1979, has become meaningless with the passage the time, change of circumstances and conduct of the guardian. ..... argued that the contract between the parties stands frustrated having become impossible of performance because the competent authority under the urban land (ceiling and regulation) act, 1976(hereafter the act) has not granted permission to the respondent to sell the house. this contention is fallacious and has been rightly repelled by the high court. ..... owns house no. 1577. section 18d chandigarh. on december 18, 1978, his father col. sukhdev singh moved a petition under s. 8. hindu minority and guardianship act, 1956, for the grant of permission for the sale of this house. the petition was disposed of by the senior subordinate judge, chandigarh, vide order dated april 11, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC541; 1984LabIC301; (1984)ILLJ314SC; 1983(2)SCALE1060; (1984)2SCC141; [1984]2SCR200; 1984(1)SLJ474(SC); 1984(16)LC44(SC)
..... 12, proceeded to examine whether the society which had established regional engineering college, srinagar and which was registered under the jammu & kashmir registration of societies act, 1898 was an instrumentality or agency of the state and would be comprehended in the expression 'other authority' in article 12. in this connection the ..... was an agency or instrumentality of the government. this court also referred to some decisions which have held that the companies incorporated under the companies act and the employees of these companies do not enjoy the protection available to government servants as contemplated in article 311. this court accordingly concluded that ..... an adjunct of the government of india and has not undergone any noteworthy change. on the advent of the provincial autonomy under the government of. india act, 1919, 'agriculture' and 'animal husbandry' came under the heading 'transferred sudject' with the result that they came within the exclusive jurisdiction of the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1984)(16)ELT647Tri(Kol.)kata
..... had filed the registration certificate as well as the refund claim before the superintendent of central excise within the time but section 11 b of the central excises and salt act, 1944 prescribed that the refund claim has to be filed before the assistant collector and in the instant case the same was filed on 2nd december, 1981, the ..... law of 4th edition by r.k. jain page 679 para 933. the same is reproduced as under : (1) refund claim under section 11b of central excises and salt act, 1944, is required to be made only to the assistant collector of the division under whose jurisdiction the assessee falls. therefore, refund claims should not be filed with the ..... 4. in reply shri a.k. saha, the learned senior departmental representative has pleaded that the refund claim was filed under section 11b of the central excises and salt act, 1944. he has cited sub-section 1 of section 11 band has pleaded that any person claiming refund of any duty of excise may prefer an application for refund .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN18
..... another case where evidence has been let in and decision is given by the court on merits.the court further compared the provisions of the karnataka rent control act and the statutes relating to material rights under which divorce or judicial separation cannot be granted merely because the opposite party consents for such a decree and came ..... the opportunity of applying its mind to the ground or there must be an admission of the fundamental fact entitling the plaintiff to a decree in accordance with the act in force, in the compromise itself. the latter cases, on the other hand, ate those in which the compromise itself showed that the defendant admitted the plaintiff ..... ejectment merely on the basis of the compromise without satisfying itself whether the plaintiffs' case for ejectment falls under any of the clauses of section 13 of the act and unless the court was no satisfied, it could not have granted a decree for ejectment. the decree was, therefore, a nullity and objection to its execution .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1984Cal205,88CWN510
..... of shibpur college visiting his parents during weekend, was taken into consideration in judging the landlord's own requirement. the supreme court while deciding a case under the madras act (xxv of 1955) in s.n. sundalaimuthu v. palani yandavan reported in : [1966]1scr450 interpreted the landlord's own requirement very liberally where it went so far ..... for herself.6. mr. barun kumar roy chowdhury submitted that a married daughter's requirement is not reasonable requirement within the meaning of section 13 (1) (ff) of act xii of 1956 and in support of the proposition he cited the division bench decision reported in 0043/1977 : air1977cal173 , kanailal dutta v. sadhan chandra santra. his contention ..... 's wife died and his daughter was married off. in course of deposition made at the trial the plaintiff deposed inter alia to the effect that be was act office superintendent of m/s. electrical . and was putting up in three rooms in the ground and first floor's and an asbestos room on the second .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1985)(19)ELT226Tri(Kol.)kata
..... (4) save as provided in section 256. orders passed by the appellate tribunal on appeal shall be final." before coming into existence of the income-tax act, 1961, the earlier act was income-tax act, " 1922. a reference from an order passed by the appellate tribunal could be filed only in respect of an order passed under section 33(4) ..... reference application lies from an order by this court which is being treated as miscellaneous petition. reference application is filed under section 35-g of the central excises and salt act, 1944. relevant extract from the same is reproduced as under : "35-g. statement of case to high court.-(1) the collector of central excise or the other ..... . el (t) cal-44/82 in column no. 16, the date of service of a notice of the order under section 35c of the central excises and salt act, 1944 has been mentioned as 21st september, 1983. shri a. k. saha, the learned senior departmental representative has raised a preliminary objection that this reference application is hit .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1984)9ITD380(Ahd.)
..... thereto, will further the legislative intent in regard to the enlargement of the share of female heirs, qualitatively and quantitatively. the hindu law of inheritance (amendment) act, 1929, conferred heirship rights on the son's daughter, daughter's daughter and sister in all areas where the mitakshara law prevailed. section 3 of the ..... of section 171, members of the assessee-huf applied for recording a partial partition in respect of such properties which were already divided under the hindu succession act, but wanted recognition of such partition under section 171. he, therefore, submitted that once the properties of the assessee-huf were divided amongst its members by ..... for the assessee, the decision in the case of kalloomal tapeswari prasad (huf) (supra) shows that the claim for partition or partial partition under the act is quite different from such partition under the hindu law. a partition or partial partition even though valid one under the hindu law, would not automatically be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1984)9ITD600(Hyd.)
..... utensils, cattle farm house and agricultural land which were still held joint.the partial partition was recognised by the ito under section 171 of the income-tax act, 1961 ('the act') by his order dated 30-11-1974. the case of the assessee was that on 25-10-1971 there took place reconstitution in the firm of devatha ..... partition to females long became obsolete and the whole right of maintenance available to a hindu wife and unmarried daughters was codified under the hindu adoptions and maintenance act, 1956, according to the provisions of which, the maintenance right is personal right which can be enforced against the husband and it is within the discretion of ..... all such cases, when the partner represents as a trustee or karta or as a benamidar, either under express or implied agreement, section 64 of the income-tax act has no application. any contrary view will result in absurd results. therefore, where a person is a partner representing the hindu undivided family consisting of himself, his .....
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