Court : Delhi
Decided on : Oct-03-1973
Reported in : ILR1974Delhi689
..... to believe that the consideration agreed to between the parties has not been truly stated with a view to facilitate tax evasion by the transferee. (60) under the stamp act the consideration affecting the chargeability of an instrument with duty shall be fully and truly set-forth therein (section 27). section 64(1) provides that any person who with ..... the transaction of sale and to accept the delivery and the court will not in such a case force a doubtful title upon the purchaser : see sohan lal v. bal kishan , a title which will expose the buyer to litigation a hazard is not such a title as could be forced on an unwilling purchaser. a merketable title ..... singh was duly authorised to enter into two agreements for different prices and that his principal had empowered him (narinder singh) to commit what the vendor calls as an illegal act. (77) i, thereforee, decide issue no. 5 against the defendant. issue no. 1 (78) the defendant-vendor pleaded in her written statement that she had entered into .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-09-1973
Reported in : [1975]99ITR354(Raj); 1973()WLN14
..... the garh and such other jagir property as has not been resumed will devolve upon his heirs according to the personal law applicable to the jagirdar as the hindu succession act, 1956, has now come into force. the property will cease to have the character of impartiality on the death of the assessee. their lordships in chinnathayi v. ..... in the circumstances of the case, the present worth on the valuation dates in question of the compensation payable under the rajasthan land reforms and resumption of jagirs act, 1952, for the jagir of badnore and the immovable properties comprised in the said jagir were includible in the net wealth of the assessee in his individual ..... as regards the second contention, he was of the opinion that the compensation was ascertainable in view of the provisions of the rajasthan land reforms and resumption of jagirs act, 1952, though it was payable in instalments. it cannot, therefore, be said that the property had no value on the valuation dates. the assessment for the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-19-1973
Reported in : ILR1974Delhi856
..... the cheque between himself and the drawer has no right to require acceptance. the cheque is, however, a negotiable instrument within the meaning of section 6 of the negotiable instruments act, 1881. but there appears to be no need to invoke any presumption concerning consideration since it is not the defendant's case that he did not encash the cheque; it ..... the plaintiff's brother against the defendant's mother has been exhibited as ex. d. 27, but the same is not relevant under sections 40 to 43 of the evidence act. it is, however, seen from the deposition of the plaintiff as a witness in that case (ex. d. 28) that the plaintiff had no scruples in the matter of even .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-24-1973
Reported in : AIR1974AP258
..... and further unambiguously directs in clause (v) that applications shall be disposed of according to section 47(1) be disposed of according to section 47(1) of the act . the rule could not have prohibited or curtailed in any manner the consideration of the matters enumerated in section 47(1) . there is therefore very little or ..... is wide in its scope and comprehensive in its effect yet is not exhaustive. although without taking into consideration these matters which are mentioned in section 47 of the act, the regional transpoer authority would have no jurisdiction to issue or refuse a permit, yet the section does not in terms exclude, from consideration, other matters which ..... a) to (f) would indicate that while clauses (a) and (e) are more directly relevant at the time of considering the applications under section 57(3) of the act for the grant of stage carriage permit, clauses (b), (c), (d) and (f) are more relevant while the regional transport authority decides to limit the number of stage .....
Tag this Judgment!Court : Orissa
Decided on : Feb-05-1973
Reported in : AIR1973Ori244; 1976CriLJ405
..... provided that if a question arose whether any matter is or is not a matter in respect of which the governor is, by or under this act, required to act in his discretion, or to exercise his individual judgment, the decision of the governor in his discretion shall be final.in section 52, amongst other ..... passages do not constitute libel.a distinction is to be made between an actwhich scandalises or tends to scandalise ajudge in his private or personal capacity, andan act which scandalises him in his officialcapacity. an attack on personal or privatecapacity of a judge constitutes 'libel' and notcontempt. official capacity cannot be differentiated into judicial ..... disposal in accordance with law, the remark of the contemner that it is an innocent and inconsequential mistake was intended to indicate that the high court has acted mala fide. the statement tends to interfere with a pending proceeding and constitutes gross contempt. in paragraph 23 the contemner alleged 'strong prejudice' to the high .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-09-1973
Reported in : [1973(27)FLR249]; ILR1973KAR272; (1973)IILLJ521Kant; (1973)1MysLJ386
..... the bombay state road transport corporation was a local authority. after referring to the definition of the expression 'local authority' in s. 3(31) of the general clauses act, mudholkar, j., said at p. 1894 : 'it will be clear from the definition that unless it is shown that the state transport corporation is an 'authority' ..... retained power of appointing, promoting, suspending, dismissing, fining and granting leave to certain officers and servants of the board. by ss. 28, 29 and 35 of the act, the board must receive prior sanction of the government for its regulations and notifications. under ss. 67, the board has to obtain previous sanction of the government if ..... and the management of the mangalore port trust. the government of mysore referred the dispute to the industrial tribunal under s. 10(1)(d) of the industrial disputes act, 1947, setting out the following two points for adjudication : 'i. are the management of the port trust mangalore, justified in refusing payment of bonus to the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-06-1973
Reported in : AIR1975Bom88; (1974)76BOMLR304
..... judicial separation of marriage was unknown in relation to hindu marriage and it is only after legislation in that behalf in the form of the hindu marriage act and other acts which were passed substantially on the english concept of a legal separation between husband and wife that the right to judicial separation has been given to a ..... , or in clause (i) of sub-section (1) of section 13. the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of , or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and (c) the petition is not presented ..... and neither party could divorce the other unless permitted by custom till recently when some state laws and ultimately the hindu state laws and ultimately the hindu marriage act. 1955 introduced important changes in the law having regard to the social needs of the time and empowered either spouse to get judicial separation or divorce in certain .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-07-1973
Reported in : 1973(6)WLN546
..... from the defendant the question, whether any oblique motive can be imputed to the plaintiff or of his father. the earlier suit was filed on the ground that the act was not applicable to the premises, because they were newly constructed. that suit failed because before the suit could be decided the 7 years period of exemption had come ..... whether in execution of a decree or otherwise, evicting the tenant so long as he is ready and willing to pay rent therefor to the full extent allowable by this act, unless it is satisfied:(a) that the tenant has neither paid nor tendered the amount of rent due from him for six months; or. ...(several other grounds for eviction ..... plaintiff had filed a suit against the defendant earlier in 1961-62 on the ground that the building was a newly constructed one and, therefore, the provisions of the act did not apply to it. that suit was dismissed by the first court and the decision was upheld in appeal. the plaintiff then approachad the high court in second .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-1973
Reported in : 1973(6)WLN906
..... contrary intention appears. in vasanlal maganbhai v. state of bombay : 1978crilj1281 , the question raised before the supreme court was that under the bombay tenancy act, power to issue notification could be only exercised once and it was exhausted once the power was exercised. this contention was rejected by the supreme ..... transport corporation (hereinafter called the corporation) having been superseded, there is no state undertaking to continue proceedings under chapter iva of the moter vehicles act. it was argued that the corporation alone could continue proceedings and the administrator looking after the affairs of the corporation was not statutorly competent to ..... udaipur beawar route which according to the petitioner is not a route in existence3. the draft schemes under section 68-c of the m.v. act were got published by the general manager rajasthan state transport corporation (hereinafter called the corporation) for nationalising the above mentioned routes. objections were filed by .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-06-1973
Reported in : 1973(6)WLN885
..... said three years can be treated to be in abeyance because of this instruction.7. the instruction relied upon by mr. mathur was issued under section 119 of 'the act', the relevant portion of which reads as follows:119. instructions to subordinate authorities:(1) the baord may, from time to time, issue such orders, instructions and directions ..... the collection of disputed demands as a result thereof was also not stayed inspite of the specific provision in the matter in section 220(6) of the income-tax act, 1961.2. the then deputy prime minister had observed as under:where the income determined on assessment was substantially higher than the returned income say, twice the ..... obligation to give effect to such instructions.4. mr. lodha on the other hand has urged that the functions of an income tax authority while dealing under 'the act' are quasi judicial and, therefore, the instruction such as relied upon by mr. mathur cannot have any binding force upon the income tax authority. he has in .....
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