Court : Kerala
Reported in : AIR1961Ker210
..... the changes brought about were that jenmies' right thereafter was the right only to receive jenmikaram as fixed by law; the kudiyan became the full owner of the land subject only to the payment of jenmikaram to the jenmi, and no renewals thereafter became obligatory.the period of recovery of arrears of jenmikaram was reduced from 12 to 6 years; the government undertook the collection of jenmikaram, and the lands, on which the jenmikaram were charged, were to be sold for arrears. ..... of such paddy and other commodity at the commutation rate fixed under the provisions of section 49, and section 49 says that the government may, from time to time, fix the rates for the commutation into money or paddy or other commodities for the purposes of this act.the other provisions of the act arc that the jenmi, under section 19, may make an application to the tahsildar of the taluk, in which the holding is situated, to recover the arrears of any jenmikaram in respect of that holding provided the arrears are not more than one year old .....
Tag this Judgment!Court : Delhi
Reported in : ILR1990Delhi124
..... possible and this step was very much appreciated and acknowledged not only by the mt but by all the members of the trust, on persuation by the mt, the defendant left the mayur vihar accommodation and shifted to the premises of the plaintiff on the condition that he would not be asked to vacate the same on any pretext whether he was in the services of the plaintiff or not the accommodation was given as a consideration for defendant's out of turn services to the plaintiff, while working with the plaintiff the defendant had to perform another impossible task. ..... the authorities cited by the counsel for the defendant are distinguishable in as much as those authorities do not discuss the maintainability of the suit filed by one of the trustees for recovery of possession against a mere trespasser. ..... it is not uncommon to hear one of several trustees spoken of as the acting trustee but the court knows no such distinction : all who accept the office are in the eye of the law acting trustees. ..... however, the act of one trustee done with the sanction and approval of a co-trustee may be regarded as the act of both. ..... in order to bind the trust estate, the act must be the act of all. ..... in order to bind the trust estate, the act must be the act of all. ..... they constitute one body in the eye of law and all must act together. ..... they constitute one body in the eye of law and all must act together. .....
Tag this Judgment!Court : Delhi
Reported in : 42(1990)DLT35; 1990(19)DRJ113
..... managing trustee who is placed exactly in similar situation as that a co-owner, the suit filed by him must be held to be maintainable against the defendant the authorities cited by the counsel for the defendant are distinguishable inasmuch as those authorities do not discuss the maintainability of the suit filed by one of the trustees for recovery of possession against a mere trespasser. ..... if any one refuses or be incapable to join, it is not competent for the others to proceed without him, but the administration of the trust must be in that case devolve upon the court however, the act of one trustee done with the sanction and approval of a co-trustee may be regarded as the act of both. ..... it is not uncommon to hear one of several trustees spoken of as the acting trustee but the court known no such distinction : all who accept the office are in the eye of the law acting trustees. ..... in order to bind the trust estate, the act must be the act of all. ..... in order to bind the trust estate, the act must be the act of all. ..... they constitute one body in the eye of law and all must act together. ..... they constitute one body in the eye of law and all must act together. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori138
..... there was serious controversy at the bar as to whether article 131 covers not only relief as to the establishment of a periodically recurring right but also the relief for recovery of arrears under the right already established. mr. ..... 9 out of an impartible estate has been fixed by a decree or order of court, family arrangement, award or other instrument in writing, whether before or after the commencement of the madras impartible estates (second amendment) act, 1934, it shall be lawful for the court to reduce such, rate of maintenance in order to provide maintenance for new claimants and to adjust it within the limits specified in sub-section (2) of section 10, the rate of maintenance can be reduced in order to provide maintenance for new claimants and to adjust it within ..... mohapatra raised a new contention that section 48 of the orissa act repealed the madras act and that section 49 of the orissa act does not save the operation of any of the rights under the madras act, and that, as such, the suit under section 14 (2) is not maintainable. ..... defendant-1 preferred a claim before the claims officer under section 18 (1) (b) of the orissa act for recovery of the past and future maintenance and the case is pending in the court of the addl. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1972Ker201
..... that it is so liable to be stayed, if the suit relates to recovery of arrears of rent, seems clear enough; and the contention was, that jenmikaram is 'rent' as defined by the kerala act i of 1964 as amended. ..... the suit was for arrears of jenmikaram and renewal fee for the period from 1956 december to 1964 january. ..... section 3 of the said act states that from and after the commencement of the act, the jenmi shall not have any right, claim, or interest in any land in a holding except the right to receive the jenmikaram thereon and the kanam-tenant shall be deemed to be the owner of the land subject only to the payment of the jenmikaram.3. ..... 'jenmikaram' in respect of a holding or any land comprised in a holding means the amount payable in respect of that holding or land under the provisions of this act by the kanam tenant to the jenmi every year in lieu of all claims of the jenmi in respect of the holding, or land and shall be the sum total of the michavaram and the fractional fee.explanation. ..... it is plain from the provisions of the kanam tenancy act, which i have detailed earlier, that jenmikaram cannot be regarded as consideration paid by the kanamdar for any permission to occupy the land to the person who so permitted such occupation. ..... i am of the view that jenmikaram is not rent and that this second appeal is therefore not liable to be stayed under act 20 of 1970.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1980; [1966]3SCR724
..... the rules provided for maintenance of public registers in respect of landed properties, payment of rent due by the tenants to the devaswom officer and prescribed methods for recovery of arrears by sequestration of property either temporarily or permanently. ..... 3(1) of the act it was provided : 'from and after the commencement of this act, the jenmi shall not have any right, claim or interest in any land in a holding except the right to receive the jenmikaram thereon and the kanam-tenant shall be deemed to be the owner of the land subject only to the payment of the jenmikaram. ..... under the customary kanam-tenure the jenmi was either a lessor or a mortgagor having rights of ownership in the land, but by act 24 of 1955 the relationship was fundamentally altered; subject to payment of jenmikaram the kanam-tenant was declared a proprietor of the land and the right of the jenmi was only to receive the jenmikaram. 11. ..... the board presented in their turn two petitions praying for the issue of writs of certiorari or other appropriate writ quashing notices issued by the jenmikaram settlement officers under the provisions of the kanam tenancy act 24 of 1955 in respect of the lands owned by 'unincorporated' devaswoms and for a writ of prohibition against those officers from enforcing the provisions of act 24 of 1955 and the rules framed thereunder. .....
Tag this Judgment!Court : Chennai
Reported in : (1982)2MLJ151
..... it follows, therefore, that the demise under these documents cannot amount to a kanom demise coming under the travancore jenmi and kudiyan act and as such there is no force in the contention that the plaintiff is entitled only to recover the jenmikaram in respect of these properties. ..... the fact that one of the incidents of the tenure is that the kanom tenant advances money to the jenmi and there are stipulations for the return of the sum or suck portion of it as is left after settling of arrears of rent at the termination of the tenure is not sufficient to make the contract one of borrowing or lending and the rule against granting of specific performance of contracts to lend or borrow money has no application to contracts to grant kanom.11. ..... the failure to pray for recovery of possession would undoubtedly go to show that the intention of the parties was to create an irredeemable mortgage. ..... the learned district munsif, kuzhithurai, on a consideration of the oral and documentary evidence, came to the conclusion that exhibit a-1 was a redeemable mortgage and, therefore, he passed the preliminary decree for redemption and recovery of possession on deposit of rs. ..... it has got right only to realise the michavaram and other dues stipulated in the document and cannot claim recovery of possession. ..... earlier, the land owner filed a suit for recovery of possession in o.s. no. .....
Tag this Judgment!Court : Chennai
Reported in : [2000]244ITR404(Mad)
..... according to learned counsel for the assessee, the tribunal have not considered the ingredients of section 36 of the act and since it was a debt which arose in the money-lending business and the interest had been taken into account in the computation of the assessee's business income and it was established that the debt has become a bad which was also written off as irrecoverable in the books of account of the assessee, the assessee is entitled to claim the same as deduction as a bad debt.4. mr. c. v. ..... at the instance of the assessee the appellate tribunal has referred the following' question of law for our consideration under section 256(1) of the income-tax act, 1961 (hereinafter to be referred to as 'the act') :'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in holding that the sum of rs. ..... learned counsel for the assessee also submitted that the assessee advanced money standing in the current account and when there was an advance to the firm and the conditions under section 36 of the act have been complied with, the tribunal failed to notice that there was a debt due to the assessee and it is open to the assessee to claim the same as a bad debt, when it becomes irrecoverable. .....
Tag this Judgment!Court : Chennai
Reported in : [1982(44)FLR422]; (1982)ILLJ261Mad
..... himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government is satisfied that any money is so due it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue :provided that every such application shall be made ..... 33c of the act constitutes a provision in the nature of execution, where the claim of the workman relates to money due to him, under the circumstances enumerated therein, and the application under sub-s. (1) of s. ..... 33c of the act lays down that the decision of the labour court shall be forwarded to the appropriate government and any amount found due by the labour court may be recovered in the manner provided for in sub-section. (1). ..... 2-a of the act, the workman died and the learned judge held that it is on essential requisite that there must be an employee or a workman for a dispute to survive and the dispute could not be continued by the legal representative, even when one of the disputants is dead and when it ceased to be an industrial dispute within the meaning of s. .....
Tag this Judgment!Court : Chennai
Reported in : [1999]240ITR552(Mad)
..... cit : [1973]92itr347(mad) , that the act of writing off of the loss in the books of the assessee might suggest the opinion of the assessee that he was not able to recover the money from the debtor, but that would not amount to a relinquishment of debt, and this court held that it is not as if every capital loss sustained by the assessee could be claimed and set off against the capital gains and the primary condition for such carry forward and set off is that there should ..... the income-tax officer rejected the claim of the assessee on the ground that the loss was not a capital loss and it was not capable of being carried forward to set off against the capital gains for the assessment year 1975-76. ..... accordingly, the assessee claimed that the loss which arose in the assessment year 1972-73 should be carried forward and set off against the capital gains for the assessment year 1975-76.4. mr. c.v. ..... 20,000 of the assessment year 1972-73 alleged to be a loss under the head 'capital gains' (short-term) against the long-term capital gains relating to the assessment year 1975-76 ?'2. ..... 20,000 being the loss sustained in the assessment year 1972-73 against the long-term capital gains relating to the assessment year 1975-76?2. ..... the assessee claimed that as against the capital gains that arose in the year 1975-76, a loss of rs. ..... the assessment year involved is 1975-76. .....
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