Judgment Search Results Home > Cases Phrase: soldiers litigation act 1925 Sorted by: old Page 9 of about 10,336 results (0.134 seconds)

Kush Sahgal and ors. Vs. M. C. Mitter and ors.

Court : Supreme Court of India

Reported in : AIR2000SC1390; JT2000(3)SC563; 2000(2)SCALE593; (2000)4SCC526; [2000]2SCR648

..... occupation for business purposes; (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. ..... is required for purposes of demolition and new construction:provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this act, no application shall be entertained on the grounds, mentioned in clause (a), unless a period of three years has elapsed since the date of such purchase and the landlord has given a notice in that behalf to the tenant ..... which he had not paid in spite of the notice of demand or he had caused substantial damage to the accommodation or that he had made structural alterations in the accommodation in his tenancy or had created nuisance or had done any act which was not consistent with the purpose for which he was admitted to the tenancy of the accommodation or had sublet the whole or any portion of that accommodation or he had renounced his character as such or denied the ..... 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:provided also that the prescribed authority shall, except in cases provided for in the explanation, take into account the likely hardship .....

Smt. Nirupa Rana and Others Vs. 1st Additional District Judge, Dehradu ...

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.' .....

Sukhram Singh Vs. Krishi Utpadan Mandi Samiti and anr.

Court : Supreme Court of India

Reported in : [2000(87)FLR680]; (2001)ILLJ318SC; (2001)10SCC153

..... by the respondent-mandi samiti for the simple reason that even if they succeed in these appeals, the right of the appellants for filing appropriate application under section 33-c(2) of the industrial disputes act, 1947 would still survive and future litigation with mounting interest claim of the appellants against the respondent mandi samiti would ultimately get foisted on the shoulders of the respondent-mandi samiti as the order of the industrial tribunal directing ..... considering all these aspects and without expressing any opinion on the controversy between the parties about applicability of the aforesaid act to the respondent-mandi samiti and keeping that question open, the respondent-mandi samiti is directed to pay, towards full and final satisfaction of the appellants' claim in these proceedings, an amount of rs. ..... these appeals raise an important question regarding applicability of payment of wages act, 1936 to mandi samities, governed by the uttar pradesh krishi utpadan adhiniyam, 1964. .....

Delhi Administration Vs. Gurdip Singh Uban and ors.

Court : Supreme Court of India

Reported in : JT2000(9)SC245; (2001)1MLJ45(SC); 2000(5)SCALE651; (2000)7SCC296; [2000]Supp2SCR496; AIR2000SC3737

..... applicant to make representation to the authority for release of the land, to declare the land acquisition proceedings as having lapsed, set aside the acquisition proceedings and to give benefit of section 10 of the indian soldiers (litigation) act, 1925.7. ..... become available on 20.9.1999.clm may seek information from the sdm/land acquisition collector concerned regarding the availability of acquired land of which possession can be taken, which is from any litigation - details of khasra numbers, area and village etc.66. ..... that the land of 1 bigha and 17 biswas could not have been sold and that noc under the delhi land (restriction and transfer) act, 1972 does not have the effect of releasing the land for acquisition. ..... i, therefore, direct that notification under section 6 of the land acquisition act for a public purpose, namely, 'planned development of delhi' be issued in respect of 7142 bighas 18 biswas land of village chattarpur as per draft furnished by the land acquisition collector.the division bench of the ..... taking possession of land acquisition collector concerned and there is no court order to the contrary and where no objections have been filed by the land owners under section 5a of the land acquisition act, 1894 in pursuance of section 4 notification dated 5.11.1980 and 25.11.1980.2. ..... (6) whether any relief could be granted under section 48 of the act in the light of the letter of the dda dated 6.2.96 in the light of the fair stand taken by the learned solicitor general and, .....

U.P. Co-operative Bank Ltd. Vs. Rameshwar Havelia

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. .....

Fishermen Co-operative Society, Bibinagar Village and Mandal, Nalgonda ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD755; 2001(6)ALT162

..... no.10 in the counter does not dispute the topographical location of pedda cheruvu, that the unit comes within the purview of the water act, and that it is obligatory on its part to install/take preventive measures for the arrest of ground water pollution and atmosphere. ..... nos.10 and 11 have placed before us documents, including consent orders for operation of the plant under the water act and the air act to show that respondent no.1 has given noc for setting up their units subject to certain conditions. ..... endless arguments, endless review and endless litigation in a matter such as this, can carry one to no end and may as well turn counter ..... scope of judicial review in environmental litigation has its own features and characteristics. ..... the objective behind this litigation is to stop the pollution while encouraging development of ..... while public interest litigation is a welcome development, there are nevertheless limits beyond which it may as well cease to be in public interest any further ..... respondent nos.1 and 2 who are the authorities to enforce the water act have not taken any action against the erring units.4. ..... banerjee (as he then was) observed:wetland acts as a benefactor to the society and there cannot be any manner of doubt in regard thereto and as such encroachment thereof would be detrimental to the society which the law courts cannot ..... co-operative societies act, 1964 (for short 'the act'), has filed this writ petition complaining that respondent nos.1 and 2, namely, .....

Raygor Vs. Regents of Univ. of Minn.

Court : US Supreme Court

..... but that consequence is surely not sufficient to exclude state parties from the coverage of statutes of general applicability like the bankruptcy code, the soldiers' and sailors' civil relief act of 1940, or any other federal statute whose general language creates a conflict with a pre-existing rule of state law. ..... as a result of the court's reading of 1367(d), many litigants with such mixed claims against state entities may decide to file their entire suits in state court ..... 12 the university received notice of the claim and was able to take part fully in the prosecution of the litigation by engaging in extensive discovery and participating in mediation. ..... 386 (1947), and may direct that state litigation be stayed during the pendency of bankruptcy proceedings, 11 u. s. c ..... november 26, 200l-decided february 27, 2002 petitioners each filed complaints in federal district court against respondent university (hereinafter respondent), an arm of the state of minnesota, alleging a federal cause of action under the age discrimination in employment act (adea) and a state law discrimination action under the federal supplemental jurisdiction statute, 28 u. s. c. ..... provides: "a court of the united states may not grant an injunction to stay proceedings in a state court except as expressly authorized by act of congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments. ..... ) (soldiers' and sailors' civil relief act of 1940) (tolling during military service); 15 u. s. .....

United States Vs. Vonn

Court : US Supreme Court

..... although the government did not challenge odedo as controlling precedent, we have previously held that such a claim is preserved if made by the current litigant in "the recent proceeding upon 59 whether a court reviewing rule 11 error under either standard is limited to examining the record of the colloquy between court and defendant when the guilty plea was entered, or may look ..... mccarthy was decided, rule 11 was relatively primitive, requiring without much detail that the trial court personally address a defendant proposing to plead guilty and establish on the record that he was acting voluntarily, with an understanding of the charge and upon a factual basis supporting conviction. id. ..... indeed, despite the allegation that mccarthy had acted "willfully and knowingly," his lawyer consistently argued at the sentencing hearing that his client had merely been neglectful, ..... him on the briefs were solicitor general olson, acting solicitor general underwood, acting assistant attorney general keeney, paul r. q. ..... 73 but the incentive to think and act early when rule 11 is at stake would prove less substantial if vonn's position were law; a defendant could choose to say nothing about a judge's plain lapse under rule 11 until the moment of taking a direct appeal, at ..... but the incentive to think and act early when rule 11 is at stake would prove less substantial if a defendant could be silent until direct appeal, when the government would always have the burden to prove harmlessness. pp. 72-74. .....

Jamal Vs. Iqbal and ors.

Court : Allahabad

Reported in : 2003(2)AWC961

..... 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. ..... rent for the period from 1.2.1982 to 11.5.1986 was due from the petitioner ; and that a notice dated 31.3.1986 of demand and determination of tenancy under section 106 of the transfer of property act was given on behalf of the said aziz uddin to the petitioner which was served on the petitioner on 11.4.1986; and that despite the service of the said notice, the petitioner neither paid rent ..... though the revisional court in the judgment and order dated 1.5.2002 considered the question as to whether the petitioner had complied with the provisions of section 20(4) of the act, but no specific finding on the question of first date of hearing was recorded by the revistonal court.16. ..... a perusal of the proviso shows that sub-section (4) of section 20 of the act will not apply in relation to a tenant who or any member of whose family has built or has otherwise acquired in a vacant state, or has got vacated after acquisition, any residential building in the ..... 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 the words 'one .....

Om Prakash Vs. Hari Singh Yadav

Court : Allahabad

Reported in : 2005(1)ARC301

..... 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. ..... 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 ..... 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 by 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 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 re-entry ..... coming now to the submission made by shri rakesh kumar, learned counsel for the petitioner, regarding entitlement of benefit of section 20 (4) of the act, it is pertinent to quote the following portion of the judgment and order dated 19.9.2003 passed by the learned special/additional district judge, saharanpur (revisional .....