Judgment Search Results Home > Cases Phrase: seaward artillery practice act 1949 Court: delhi Page 5 of about 503 results (0.043 seconds)

Vidya Wati Vs. Hans Raj

Court : Delhi

Reported in : 50(1993)DLT625

..... . bhagwan bai (deceased) 1989(2) rcr 383 considered the similar provisions of east punjab urban rent restriction act 1949 and held that in case a running flour business is let out along with the building the dominant intention was to let out the flour mill ..... mean that any finding given adverse to the landlord on the point of applicability of the provisions of delhi rent control act would operate as ren judicata against the landlord because landlord had no right to file any appeal in challenging the said ..... of arguments that the document in question was required to be registered compulsorily even then proviso to section 49 of the indian registration act makes such a document which is not registered admissible in evidence for knowing the nature and character of the possession ..... has a plurality of purposes the decisive test is the dominant purpose of the demise and under the act the protected category of accommodation is residential and non-residential building and not business houses ..... . dalip 1987(2) rcr 351 the supreme court considered the provisions of punjab tenancy act, 1887 and particularly section 77 and held that decision of the revenue authorities on the question of existence of relationship of landlord tenant does not operate as rest judicata and as such finding is subject ..... . it had been the practice of this court before the amendment of the code of civil procedure in 1976 lo entertain and admit the appeal by using the said one word ''notice', so, it cannot be said that appeal .....

Vivek Sondhi Vs. N.D.M.C.

Court : Delhi

Reported in : 2003(66)DRJ142

..... of rent or, as the case may be, damages shall be payable together with simple interest at such rate as may be prescribed, not being a rate exceeding the current rate of interest within the meaning of the interest act, 1978 (14 of 1978).section 2(b) of the interest act, 1978 reads as under :-'current rate of interest' means the highest of the maximum rates at which interest may be paid on different classes of deposits (other than those maintained by charitable or religious institutions) by different ..... a conjoint reading of sub-section 2(a) of section 7 of the public premises act and sub-section (b) of section 2 of the interest act makes it clear that the estate officer can charge interest at the highest of the maximum rate at which interest may be paid by the scheduled banks in accordance with the instructions of the reserve bank of india under the banking regulations act, 1949. ..... apparently, the rate of interest at the rate of 24% exceeds the maximum rate in terms of section 2(b) of the interest act and is beyond the powers of the estate officer to direct the petitioner to pay the same.18. ..... - in the instant case by virtue of the powers vested in him under section 7 of the public premises act and in exercise of his powers under sub-sections (1) and (2) thereof has passed order directing the petitioner to pay the arrears of rent and damages within the time allowed.16. .....

Bank of Maharashtra Vs. Om Prakash Malwaliya

Court : Delhi

Reported in : (1985)ILLJ185Del

..... angle, there is no escape from the conclusion that the industrial dispute in the instant case relates to the enforcement of a right/obligation created under the general law/banking regulation act, 1949, rather than the sastry award as modified by bipartite agreement. ..... (2) if the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the act, the jurisdiction of the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent ..... 10(1)(b)(i) of the banking regulation act, 1949, which lays down that no banking company shall employ or continue the employment of any person who is or at any time has been convicted by a criminal ..... sastry award, as modified and enacted by the industrial disputes (banking companies) decision act, 1955, the industrial disputes banking companies decision amendment act, 1957, and subsequently modified by the award of the national industrial tribunal presided over ..... owned by the central government and the provisions contained in the said act make it abundantly clear that the central government exercises profound control over ..... jurisdiction to examine into cases where the provisions of a particular statute conferring exclusive jurisdiction on a tribunal have not been complied with or where the statutory tribunal has not acted in conformity with the fundamental principles of natural justice (see in this connection pabbojan tea co. .....

The Delhi Cloth and General Mills Co. Ltd. Vs. the Commissioner of Inc ...

Court : Delhi

Reported in : ILR1971Delhi477; [1972]85ITR261(Delhi)

..... itself was to be called the prohibition of manufacture and import of hydrogenerated vegetable act, 1949. ..... high court of australia had arrived at the same conclusion on similar facts when construing the narrower wording of section 25(e) of the income-tax act assessment act, 1922-32, wholly and exclusively laid out or expanded for the production of assesable income. ..... filed a petition in the madras high court: under section 45 of the specific relief act for an order directing the provincial textile commissioner to desist from seizing the yarn. ..... the privy council also held that the petition was incompetent as the acts in respect of which relief was asked for took place outside the limits of the ordinary civil jurisdiction of the ..... income-tax : [1966]60itr277(sc) where the supreme court observed:- '....the nature of the expenditure or outgoing must be adjudged in the light of accepted commercial practice and trading principles. ..... to come within the purview of section 10(2) (xv) of the incometax act, 1922 need not necessarily be to earn profits of the business. ..... prior to the passing of the licensing act, 1961 (which allowed the question of sunday opening to be decided by a poll in each county and county burough), licensed public houses had not been permitted to open on sundays in wales since 1881 nor in ..... it was a voluntary and very proper act of the company to help the home secretary in the matter, but not an expense which they undertook for the purpose of earning more profit during: that or .....

Oriental Express Co. Pvt. Ltd. Vs. Usha Pasricha

Court : Delhi

Reported in : 49(1993)DLT155; 1993(25)DRJ396; 1993RLR45

..... malik, where during the pendency of an application moved under section 13a of the east punjab urban rent restriction act, 1949, which is a special provision for specified landlords, subsequently an application was filed in' the landlord under section 13(3)(a)(i) on ground of bona fide requirement and arrears of rent, it was held ..... remedies (india) pharmaceuticals and others, that even though possession has been handed over, in case the agreement was for creation of a tenancy only in terms of the provisions of section 21 of the act, then unless permission is granted under section 21, the status of the occupant is no better than-that of a licensee, with no right in the premises, and that relationship of landlord and tenant comes ..... different, namely, where there was an inherent lack of jurisdiction in the civil court passing the decree, because the finding recorded was that it was only the controller acting under the provisions of haryana urban (control of rent & eviction) act, 11 of 1973, who had jurisdiction, and it was a case where the decree was held to be a nullity on account of having been passed by ..... to a question of law, am of the opinion that it did not give rise to any concluded contract, but was made subject to, and conditional on, the permission under section 21 of the act being granted, in such a case where one document, which is executed between the parlies, contemplating execution of further documents, which stipulation is a condition of terms of bargain, and parties .....

C.S. Agarwal and anr. Vs. State and ors.

Court : Delhi

..... court or one judge of any division court, pursuant of section 108 of the government of india act, made on or after the first day of february, one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the ..... a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the said high ..... the learned single judge had dismissed the petition filed under article 226 of the constitution seeking quashing of the fir registered under various provisions of the indian penal code and ndps act, albeit, on the ground of want of territorial jurisdiction, lpa was preferred by the writ petitioner (accused in the said fir). ..... act 3 of 1949 by challenging the writ petition under article 226 of the constitution and the learned single judge of the allahabad high court had set aside the order on the ground that the assessment ..... tax act 1948 (3 of 1949). .....

Ashok Ratti Lal Trivedi Vs. Anjani Madhusudan Oza

Court : Delhi

Reported in : 4(1968)DLT235

..... after certain provisions regarding procedure and jurisdiction there occur the following two sections, namely, sections 24 and 25, which are as follows - '24.maintenance pendents me and expanses of proceedings: wherein any proceeding under this act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may ..... observations are as follows :- 'throughit is nto necessary, for purposes of the present appeal, to decide the question, for, this is nto a case of an application under section 25 of the hindu marriage act, nevertheless, we may express our view, having regard to the argument at the bar, that section 25 cannto be construed in such a manner as to hold that ntowithstanding the nullity of the marriage, the ..... when the parliament enacted the hindu marriage act of 1955 there were in force the indian divorce act of 1869 the matrimonial causes act 1950, of england, the special marriage act, 1951, or our own country, and the practice, procedure and the provisions contained in all those ..... the learned judge has nto considered the scheme of the act or the provisions of toher enactments or the law and practice in england which were available at the time when the hindu marriage act, 1955, was passed so as to restrict the scope of the application of section 25 in the manner in which it ..... section 5(7) of the madras hindu bigamy prevention and divorce act, 1949. .....

K.G. Khosla Compressors Ltd. Vs. Khosla Extrakting Ltd. and ors.

Court : Delhi

Reported in : AIR1986Delhi181; ILR1985Delhi416

..... its registration by a new name, is registered by a name which, in the opinion of the central government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this act or any previous companies law, the first mentioned company (a)may, by ordinary resolution and with the previous approval of the central government in writing, change its name or new name; and (b)shall, if the central government ..... existence in 1945 and in time grew into a dynamic group of diversified companies and this group is now registered under the monopolies and restrictive trade practices act. ..... to take the view that the remedy provided under the act is not such as to completely oust the jurisdiction of the civil court for trial ..... named in the plaint which are stated to be registered under the mrtp act and are known in the capital market as 'khosia group of companies'. ..... : (1975)iillj445sc which was under the industrial disputes act and drew my attention to the following observations in the judgment : 'it would thus be seen that through the intervention of the appropriate government, of ..... ' which was registered under the companies act, 1956 (for short 'the act'), but they failed to establish the business of this company as they could not sell the shares of this company to ..... wright (1949) 66 rpc 149 (ca)(8), it was observed that if a man used his own name and used it honestly and fairly, and was doing nothing more he could not be restrained, even .....

Abdul Hamid and anr. Vs. Nur Mohd

Court : Delhi

Reported in : AIR1976Delhi328; ILR1976Delhi250; 1976RLR514

..... if one of these two questions is found in favor of the landlord this appeal will fail, in other words, the appellants will in order to succeed make good both these contentions.1stcontention:section 14(l)(e) of the act reads as follows : '(e)that the premises let for residential purposes are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner ..... would bring the landlord's case within the provi- sions of section 13(3)(a)(i) of the east punjab urban rent restriction act 1949, the relevant terms of which are similar to the present act.6. ..... had filed an eviction petition on 6-10-1970 under section 14 of the delhi rent control act 1958 (hereinafter referred to as the act) on the grounds of: (a)subletting or parting with possession by first appellant to second ..... the learned tribunal understood the said pleading as complying with the requirements of section 14(1)(e) of the act and, as i understand the learned tribunal that it was not necessary to 're-state' as ..... proved that he was not occupying another residential building in the urban area concerned and that he had not vacated that building without sufficient cause after the commencement of the act in the said urban area was entitled to evict the tenant. ..... (2) since interference is possible under section 39 of the act only if there is any substantial question of law arising in the appellant's favor the arguments proceeded only on the basis of the .....

B.K. Kapur Vs. P.D. Gupta

Court : Delhi

Reported in : 1996IIAD(Delhi)209; 1996(37)DRJ207

..... of the limited tenancy for an adjudication of his pleas as soon as he discovers facts and circumstances which, according to him, vitiate the permission, it was held that whether it was a 'mindless order' or one procured by fraud practiced by the landlord or was the result of a collusion between landlord and tenant there was no justification for the tenant to wait till the landlord made his application for recovery of possession but there was every ..... said case the supreme court noted that the lower courts realised the legal position but in effect declined to do what was by section 13(2)(i) of the east punjab urban rent restrictions act 1949 incumbent on them to do and thereby refused to exercise jurisdiction vested in them by law. ..... the remedy available to the tenant in a case where there was in fact a mere ritualistic observance of the procedure while granting permission for the creation of a limited tenancy or where such a permission was procured by fraud practiced by the landlord or was a result of collusion between the strong and the weak? ..... the present case it pleads existence of winding up order, while for all practical purposes it is enjoying the benefit of the said order having been put in ..... either it is a mechanical grant of permission or it is procured by fraud practiced by the landlord or it is result of collusion between two unequals but in each case there is no reason for the tenant to wait till the landlord makes his application for recovery of possession after the expiry .....