Court : Allahabad
Reported in : AIR1962All577
..... pathak had been in military employment from july, 1944, till the 30th of november, 1946, and the decree-holder could under section 11 of the indian soldiers (litigation) act, 1925, (act iv of 1925) get that period excluded while counting limitation. ..... was however rejected on the ground that section 11 of the soldiers (litigation) act, 1925, was subject to section 6 of that act and as the interest of ram narain pathak was identical with that of the other judgment-debtors in the case the decree holder could not get any advantage of the provisions of the soldiers (litigation) act. ..... proper appreciation of the second point reference is necessary to the various provisions of the indian soldiers (litigation) act, 1925. ..... has been decided the trial court shall, bearing in mind the observations we have made in this judgment, proceed to decide the question whether the appellant is entitled to get the benefit of section 11 of the soldiers (litigation) act and then decide the question of limitation.costs hitherto incurred shall abide the finalresult. ..... cases are sent back to the trial court for a decision of the question whether ram narain pathak judgment-debtor was serving under special conditions or war conditions as denned in section 3 of the soldiers (litigation) act during the period 17-9-1941 to 14-4-1946. ..... with him about the interpretation of section 11 of the soldiers (litigation) act and was of opinion that the decree-holder could not get the benefit of that act for extending limitation. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC1807
..... it in submitted that after his recruitment in the army, the application under section 21 (1) (a) of the act was not maintainable in view of clause (iii) to third proviso of section 21 (1) (a) of the act which reads as under : 'provided also that noapplication under clause (a) shall be entertained : '(iii) in the case of any residential building, against any tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... , this provision will be applicable when such tenant is serving in special condition within the meaning of section 3 of the indian soldiers (litigation) act, 1925. ..... --for the purposes of this act, an indian soldier shall be deemed to be or, as the case may be, to have been serving : (a) under special conditions (when he is or has been serving, under war conditions), or overseas, or at any place (beyond india, (or any such place within india as may be specified ..... gazette) : (b) under war conditions when he is or has been, at any time during the continuance of any hostilities declared by the (central government) by notification in the (official gazette) to constitute a state of war for the purposes of this act or at any time during aperiod of six months thereafter. ..... iv of 1925) has issued a certificate that he is serving under special conditions within the meaning of section 3 of that act, or where he has died by enemy action while so serving then against his heirs.' .....
Tag this Judgment!Court : Kerala
Reported in : AIR1992Ker158
..... he was a naval officer working in the indian navy and therefore the proceedings were bad under the provisions of the soldiers (litigation) act 1925. ..... here with the objection that the proceedings are barred under the soldiers (litigation) act. ..... stated that there was no enquiry under section 5a, and lastly it was contended that the proceedings were barred by the provisions of the soldiers (litigation) act. ..... the panchayat made another proposal for acquisition in the year 1988, pursuant to which a notification under section 4(1) of the (central) land acquisition act 1894, (the central act) (which had by then been extended to this state) was published in the kerala times daily dated 15-3-1989, mathrubhumi daily dated 23-3-1989, and the kerala ..... -section (1) of section 6 lays down that in the case of preliminary notifications issued after the commencement of the land acquisition (amendment) act, 1984 no declaration under section shall be made after the expiry of one year from the date of publication of the notification. ..... 'it is evident from the parenthesis, which is relevant, that any reference in the subsequent provisions of the act, to the date of publication of the declaration is to be taken as the last of the dates of publication and the ..... p11 on 30-4-1990 approving the draft declaration under section 6 of the (central) land acquisition act, 1894, after holding that the objections to the acquisition raised by the petitioner were not maintainable and that the acquisition was for a bona .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3411
..... of a notice of demand :provided that in relation to a tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act iv of 1925) has issued a certificate that he is serving under special conditions within the meaning of section 3 of that act or where he has died by enemy action while so serving, then in relation to his heirs, the words 'four months' in this clause shall be deemed to have been substituted by ..... to disfigure it ;(d) that the tenant '(has without the consent in writing of the landlord used it for a purpose other than the purpose for which he was admitted to the tenancy of the building or otherwise done any act which is inconsistent with use), or has been convicted under any law for the time being in force of an offence of using the building or allowing it to be used for illegal or immoral purposes.1. ..... follows :that the tenant '(has without the consent in writing of the landlord used it for a purpose other than the purpose for which he was admitted to the tenancy of the building or otherwise done any act which is inconsistent with use), or has been convicted under any law for the time being in force of an offence of using the building or allowing it to be used for illegal or immoral purposes.1. ..... limb of clause iii of sub-section (2) of section 13 is impairment of the building due to acts committed by the tenant and the second limb is of the utility or value of building has been .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2704(UHC)
..... of demand :provided that in relation to a tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... purposes ;(e) that the tenant has sub-let, in contravention of the provisions of section 25 or, as the case may be, of the old act the whole or any part of the building ;(f) that the tenant has renounced his character as such or denied the title of the landlord, and the latter has not waived his right of reentry, or condoned ..... that the tenant (has without the consent in writing of the landlord used it for a purpose other than the purpose for which he was admitted to the tenancy of the building or otherwise done any act which is inconsistent with such use), or has been convicted under any law for the time being in force of an offence or using the building or allowing it to be used for illegal or immoral ..... (6) whether the admitted fact that notice under section 263 municipalities act was served on the landlord in response of the latter representing to the board that the building was in dilapidated condition does not itself indicate that the landlord ..... iv of 1925), has issued a certificate that he is serving under special conditions within the meaning of section 3 of the act or where he has died by enemy action while so serving, then in relation to his heirs, the words 'four months' in this clause shall be deemed to have been .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1108
..... one month from the date of service upon him of a notice of demand : provided that in relation to a tenant who is a member of the armed forces of the union and in whose favour the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... this revision has been filed under section 25 of the provincial small causes courts act against the order dated 12.9.1994 passed by the judge small causescourt (14th additional district judge) in small causes suit wo. ..... therefore, the intention of the legislature for the purposes of this act is that every date fixed by the court is the date of hearing. ..... iv of 1925) has issued a certificate that he is serving under special condition within the meaning of section 3 of the act or where he has died by enemyaction while so serving, then in relation to his heirs, the words 'four months' in this clause shall be deemed to have been substituted by the words 'one year'. 20 (4). ..... act 13 of 1972, he may pass orders in that regard and may proceed further in accordance with law. ..... , when every date fixed by the court is the date ofhearing, then it cannot be said that there is bar for the court to decide the case or pass a decree on the date of hearing in view of explanation (a) of section 20 (4) of the act. ..... act 13 of 1972, moved by the tenant (revisionist) first before proceeding further on merits.9. ..... act 13 of 1972 are liable to be perused which re-quoted as under:'20 (2). ..... act. no ..... urban buildings (regulation of letting rent and eviction) act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal625
..... proceeding with the analysis of the next section 6(1) of the indian soldiers (litigation) act, 1925, it is plain on a construction of the language used therein that if a collector has certified under section 5, or if the court has reason to believe, that an indian soldier, who is 'a party to any proceeding' pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the court shall suspend the proceeding, and shall give notice thereof in the ..... i would like to add a few words on the interpretation of section 6 of the indian soldiers (litigation) act, 1925 and its applicability to the facts of this case with respect to which, presumably, the learned single judge has referred this revision case to this bench. ..... the indian soldiers (litigation) act, 1925 according to its preamble, is an act 'to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of indian soldiers serving under special conditions. ..... banerjee and the collector issued a certificate under section 5 of the indian soldiers (litigation) act 1925 (4 of 1925) to the effect that capt. r.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All176
..... (iii) where the landlord of any building is:-- (i) a serving or retired indian soldier as defined in the indian soldiers (litigation) act, 1925 (iv-1925) and such building was let out at any time before his retirement, or (ii) a widow of such a soldier and such building was let out at any time before the retirement or death of her husband whichever occurred earlier; and such landlord needs such building for occupation by himself or the members of his family ..... 21(1) is limited to a defence that the landlord is neither a serving nor a retired indian soldier as defined in the indian soldiers (litigation) act, 1925 nor a widow of such soldier and that the building sought to be released was not let out at any time before his retirement or in the case of widow, before the retirement or death of the soldier-husband, whichever, occurred earlier. ..... (iii) where the landlord is a member of the armed forces of the union and the prescribed authority under the indian soldiers (litigation) act, 1925 (act no. ..... iv of 1925 and it was applicable to a residential building, whereas clause (iii) of the explanation as it stands amended by amending act 31 of 1985 with effect from 18th may 1983 has been made applicable to any building and extended to retired soldiers and the widow of indian soldier and thus, proceeds the argument, a vested right of defence would be taken away if the amending act is held applicable retrospectively i.e. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom249
..... he contended that the summons issued to him was not properly issued or served upon him, he being a person governed by the provisions of the indian soldiers (litigation) act, 1925, the summons ought to have been served upon him by following the procedure prescribed by order 5, rule 28, code of civil procedure. ..... reading of the provisions of the indian soldiers (litigation) act, 1925, it is obvious that a person is entitled to the protection of the said act if he was serving under special conditions. ..... the indian soldiers (litigation) act, 1925 defines the term 'proceedings' vide section 2(d) of the act which not only includes a suit, but also includes ..... relevant for deciding the question, and therefore, the learned registrar of the small cause court committed an error in holding that the defendant was entitled to the protection of the provisions of the indian soldiers (litigation) act, 1925. ..... he also came to the conclusion that the defendant was a soldier serving under special conditions, and therefore, the ex parte decree passed against him was liable to ..... as a soldier he was expecting that he should be served through ..... which a reference has been made by shri dharaskar deal with the cases where the plaintiff himself claimed to be a soldier. ..... correct on his part and he committed an error in not accepting the summons, on the basis of the material placed on record it cannot be said that in his misapprehension or misunderstanding of the whole procedure he has not acted bona fide. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H415
..... it was stayed under the indian soldiers (litigation) act, 1925 because mohinder singh and rajinder singh were serving in the army and it was not revived till 1946. ..... had there been a clear-cut issue on the point the exact period during which the suit was stayed under the indian soldiers litigation act would have been perhaps properly brought on the record so that the effect of s. ..... 11 of the indain soldiers litigation act considered, (x) the effect of migration to pakistan of those plaintiff-collaterals in the earlier litigation who had become muslims and of vesting of their interest in the property in question in the custodian of evacuee property was not canvassed before and considered below consider how must was banjar land and if it respect of ..... 7 of the indian solders' litigation act, 1925. ..... (14) although the words 'or otherwise dealt with'' appear to have been used by the legislature to connote any act or transaction in the nature of transfer of interest, but even if the widest possible meaning is given to them and they are to be regarded as covering the taking of possession by one party from the other during the pendency of a litigation, the question still remains whether that would affect the running-of the period of limitation when a subsequent suit for possession .....
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