Court : Mumbai
Reported in : (1922)24BOMLR713
..... the plaintiff sued to redeem and recover possession of the suit property after accounts had been taken under the dekkhan agriculturists' relief act.2. ..... by shankar narhar of the contents of the rent-note; that the description of the property as 'of your ownership by mortgage ' was an acknowledgment of liability in respect of the plaintiff's right to redeem the original mortgage of 1836; and that, therefore, under the provisions of section 19 of the indian limitation act, a fresh period of limitation should be computed from the date of the rent-note, this contention was accepted by the trial judge who gave a decree for redemption as prayed.10. against this decree the 1st defendant appealed to the court of the assistant judge at ..... 346 it was held that in a redemption suit by plaintiff the application of section 20 of the indian limitation act did not keep alive the right to redeem. ..... 318 an acknowledgment to whomsoever made is a valid acknowledgment only if it points with reasonable certainty to the liability under dispute. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP37
..... the learned judges therein held that the collector exercising powers under the agriculturists relief act acts as a court and that that court being charged with the duty of deciding rights of a civil nature must be regarded as a civil court, and that that court is subject to the revisional jurisdiction of the high court. ..... there is nothing in the madras agriculturists relief act inconsistent with the view that a collector acting under section 15(4) of that act as a civil court within the code, and section 4 can, therefore, have no bearing on the construction of section 3. ..... the question there was whether the collector exercising the special jurisdiction or the power conferred by the madras agriculturists relief act (iv of 1938) could be regarded as a court subject to the revisional powers of the high court. ..... ' accordingly their lordships held that the sub collector's order under section 15(4) of the madras agriculturists' relief act, and the district collector's order purporting to set it aside are open to revision by the high court under section 115, c. p. c.10. ..... the further question that arises for consideration as regards the applicability of section 115 is whether the collector and the district collector exercising jurisdiction under act iii of 1895 particularly dealing with suits under section 13 can be regarded as courts subordinate to high court. ..... 5 of 1954 in the court of the collector (revenue divisional officer) markapur, and the respondent is the plaintiff in that suit. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant137; ILR1977KAR700; 1977(1)KarLJ389
..... person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not- (a) a member of the owner's family, or (b) a servant or a hired laborer on wages payable in cash or kind but not in crop share cultivating the land under the personal supervision of the owner or any member of the owner's family, or (c) a mortgagee in possession: provided that if upon an application made by the owner within one year from the appointed day (i) the tribunal declares that such person is not a tenant and its ..... 9-a of the inams abolition act; late muniswamappa, father of respondents 1 and 2, was registered as an occupant by the order of the special deputy commissioner made on 19-4-1958 and the application of the appellant for registration of occupancy under the inams abolition act was rejected. ..... 2(34) of the act thus:' 'tenant' means an agriculturist who cultivates personally the land he holds on lease from a- landlord and includes, - (i) a person who is deemed to be a tenant under s. ..... holla, learned counsel for respondents 1 and 2, contended that his clients had not only challenged the decision of the tribunal by seeking relief in the nature of certiorari but had also filed w. p. ..... personal and miscellaneous inams in the erstwhile state of mysore were abolished under the mysore (personal and miscellaneous) inams abolition act, 1954, hereinafter called 'the inams abolition act'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1061; [1972]83ITR582(SC); (1971)2SCC779; [1972]2SCR33
..... , while dealing with the validity of the madras agriculturists relief act, 1938, observed :that the provisions of the act in their application to the decree obtained by the appellant were within the competence of the madras legislature to enact does not seems to me open to doubt. ..... 188, the attack on the validity of the madras agriculturists relief act, 1938 on the ground that it fell under the residuary power provided in section 104 of the government of india act, 1935 and not under list ii or list iii of the seventh schedule to that act, and that therefore, the act suffered from lack of competence of the state legislature, was turned down. ..... to undo the effect of that decision the gujarat legislature passed the gujarat imposition of taxes by municipalities (validation) act 1963 seeking to validate the imposition of the tax as well as to avoid any future interpretation of the act on the lines on which rule 350-a was construed. ..... section 3 of the act was passed to validate past assessments and collection of rates on lands and buildings on the basis of capital value or a percentage of capital value as also all assessments made before the passing of the validation act. ..... the distribution of legislative power in canada (1954 ed.). pp. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1884; (1977)3SCC160; [1977]3SCR603; 1977(9)LC461(SC)
..... act, 1888 the bombay act, 1944, the bombay town planning acts, 1915, 1954 and 1966, the bombay rents control act, 1947 and a number of authoritative pronouncements which would be adverted to at appropriate places to show that the bombay act, 1944 as supplemental to the bombay municipal act, 1888; that the rights acquired and liabilities incurred by virtue of exhibit 'a' granted under the bombay act, 1944 were of abiding nature and did not lapse with the expiry of the said act; that the municipal commissioner survived the lapse o the bombay act ..... look at this act, and see whether the restriction in the 11 the clause, that the provisions of the statute are only to last for a limited item, is applicable to this privilege. ..... the suit was contested by the appellants inter alia on the grounds that the respondents' aforesaid notices to quit were not valid; that they were not bound by any undertaking given by the respondents to the municipal corporation; that the ..... syed mohammad is, no doubt, well founded in his contention that if the appellants have power to issue notice either under rule 10a or rule 9(2) (of the central excise rules, 1944), the fact that the notice refers specifically to a particular rule, which may not be applicable will not make the notice invalid on that ground as has been held by this court ..... by special leave granted by this court which are directed against the judgment and order dated 20th march, 1972 of the high court of bombay in special civil applications nos. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... the principles laid down by the united states supreme court such as 'suspect legislation', 'strict scrutiny' and 'compelling state necessity' are not applicable for challenging the validity of act 5 of 2007 or reservations or other affirmative action contemplated under article 15(5) of the constitution. ..... this court resolved the conflict by considering the object and purpose of the two laws and giving precedence to the banking companies act by observing:it is, therefore, desirable to determine the overriding effect of one or the other of the relevant provisions in these two acts, in a given case, on much broader considerations of the purpose and policy underlying the two acts and the clear intendment conveyed by the language of the relevant provisions therein. ..... the learned counsel had further challenged the validity of act 5 of 2007, with which we will deal separately. 1. ..... as the act itself is based on the constitution (ninety-third amendment) act, 2005, the validity of the act depends on the fact whether the constitution (ninety-third amendment) act, 2005 itself is valid or not. ..... article 15(4) and article 16(4) of the constitution were enacted as measures of compensatory or protective discrimination to grant relief to persons belonging to socially oppressed castes and minorities.172. ..... this doctrine was in force till it was reversed in 1954. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All504
..... agriculturists' relief act was not a civil court for all the purposes of the civil procedure codo and at least not for the purpose of taking cognizance of suits for possession brought by a mortgagor in respect of an illegal mortgage claiming the relief on the principle of equity by restoring the benefits received by him in the form of ..... then involves four requisites:- (1) the presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between there is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with tbe assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law the submission of legal argument by the parties, and (4) a decision which disposes ot the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found, including ..... punjab : 1956crilj326 stress was laid on another essential requisite of a 'court' and it was held that the returning officer who decided on validity of nomination paper under sub-section (2) of section 36 of the representation of the people act. ..... in the case of air 1944 mad 139 it was held that the orders passed by the sub-collector and the district collector (both revenue courts) in a proceeding under sub-section (4) of section 15 of the madras agriculturists' relief act, 1938, were to be considered as orders passed by a civil .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP226
..... . 20, madras agriculturists relief act, dismissing an application for stay of execution, complies with the above conditions and hence an appeal lies against such an order' ..... . 19 of the madras agriculturists' relief act, to the court which passed the decree praying for its amendment declaring that the debt had been wholly discharged ..... . 97(3) clearly states - without any vagueness at all - that the principal act as amended by the 1976 act shall apply to every suit, proceeding appeal or application pending at the commencement of the repealing act (or initiated or filed after such commencement) notwithstanding the fact that the right or cause of action in pursuance of which such suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such commencement. 57 ..... . (vi) (vii) the right of appeal is a vested right and such a right to enter the superior court accrues to the litigant and exists as on and from the date the lis commences and although it may be actually exercised when the adverse judgment is pronounced such right is to be governed by the law prevailing at the dare the institution of the suit or proceeding and not by the law that prevails at the date of its decision or at the date of the filing of the appeal ..... . but when the repeal is valid by fresh legislation on the same subject, we would undoubtedly have to look to the provisions of the new act, but only for the purpose of determining whether they indicate a different intention .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad191; (1959)1MLJ181
..... on such an application the court should ascertain the manner set out in that section and fix the market value of the property; if the tenant paid the same in accordance with the instalments to be fixed by the court and within the time prescribed a final order is to be passed by the court directing conveyance of the land by the landlord to the tenant.on such order being made the suit or application for ejectment is to stand dismissed and the decree or order for ejectment is to be vacated. ..... lj 41 : (air 1948 pc 12) the point that arose for consideration was as regards appealability of an order refusing to amend a decree under section 19 of the madras agriculturists relief act, iv of 1938 on the ground that the petitioner was not entitled to the benefits of the act. ..... this he could do by applying to the court within one month after corning into force of the act or within 15 days after the service of summons in a suit or application under section 41 of the presidency small cause courts act for ejectment by the landlord. ..... while that application was pending a suit was filed by a third party for an injunction to restrain the landlord from executing the decree hut the suit was dismissed on 20-5-1954. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1995(1)ALT468; 1995(1)ALT(Cri)332; [1996]86CompCas487(AP); 1996CriLJ636
..... , held that the madras agriculturists relief act, 1938, was not a law with respect to promissory notes covered by entry 28 of list i of the seventh schedule to the government of india act, 1935, but fell within the ambit of entries 4 and 15 ..... to be satisfied; (i) the cheques has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier - proviso (a); (ii) the payee or the holder in due course of the cheque makes a demand for payment of the amount by giving a notice in writing to the drawer within 15 days from receiving information from the bank regarding the dishonour of the cheque - proviso (b); and (iii) the drawer of the cheque fails to make ..... the companies act, 1956, no proceedings for winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for the enforcement of security against an industrial company or any guarantee in respect of any loans or advances granted to the industrial company shall lie or be proceeded with further except with the consent of the board or, as the case may be, the ..... natural persons and legal persons in the matter of fastening criminal liability (see sections 10 of the essential commodities act and section 17 of the prevention of food adulteration act, 1954). ..... , this clause has no application. .....
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