Court : Mumbai
Decided on : Oct-11-1974
Reported in : AIR1976Bom190; (1975)77BOMLR671; 1976MhLJ373
..... agricultural economic legislation intended to benefit agriculturists irrespective of their religion and to improve agriculture in this country by proving cheap loans to agriculturists for the purposes mentioned in the act which are referred to above. 22. the statutory provisions contained in the land improvement loans act must be interpreted exclusively on the ..... bombay under section 10 of the act. the form of application prescribed under the said rules requires the applicant to state his name and residence; amount and object of loan and nature of the proposed improvement; village, survey no., assessment and judi if alienated of land to be improved, with extracts of village form no. vi ..... of the state, the suit was not maintainable. it was also submitted that as the state of maharashtra was not made a party to the present suit it was bad for non-joinder. on merits, it was contended that the family of the plaintiffs and dattatray continued to be ..... longer represent the family and a decree obtained against him alone, cannot be binding on the separates sons. in the second place, the power exercisable by the father of selling the interests of the sons for satisfaction of his personal debts comes to an end with partition. as ..... the suit goods. hence, the plaintiff filed the suit. the learned subordinate judge held that the effect of the attachment was merely to make harite a surety for the plaintiff and dismissed the plaintiff's suit. 26. the decree was reversed and it was held by this court .....Tag this Judgment!
Court : Gujarat
Decided on : May-02-1974
Reported in : AIR1975Guj18; (1975)0GLR80
..... to this communication, the bank applied to the district deputy registrar of co-operative societies, bombay under section 91 of the maharashtra act praying that the dispute between the bank and the petitioners be referred to arbitration. in ..... of disputes, to lessen cost of litigation and to secure dispensation of justice unhampered by technical rules of procedure so that co-operative societies do not get involved in long drawn out protracted litigation ..... make use of their association'. it is essentially an association of persons of limited means and, as indicated in the preamble to the bombay co-operative societies act, 1925, its object is inter alia 'promotion of thrift, self-help and mutual -aid among -agriculturists ..... member entered into with the society as a member, the non-member can be proceeded against under section 96 provided the value without notice. anticipating non-member is a person who claims his rights or title through ..... loan, he had mortgaged the aforesaid building by depositing title deeds in favour of the bank. the bank took out arbitration proceedings before the registrar's nominee and a consent award for a sum of rs. 6 ..... and other persons with common economic needs'. it is based on the principle of equality -and avoids selfish exclusiveness by recognising that its membership should be open to all who want to join it. the voting power .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-1974
Reported in : 105ITR295(Mad)
..... the claim urged on behalf of the income-tax department was that under proviso (b) to section 10(2)(vi) of the act of 1922, the claim for unabsorbed depreciation had to be carried forward and added to the claim ..... above and in particular the cases of the indian bank ltd. : 56itr77(sc) and of the maharashtra sugar mills, it is clear that the principle applicable to a case where an assessee carried on a single ..... court in commissioner of income-tax v. somasundaram chettiar, air 1928 mad 487. and of the bombay high court in provident investment company ltd., in re, s; 6 itc 21 (bom). and from the distinction made between the ..... only 40 per cent. thereof was liable to tax, in accordance with the provisions of rule 24 of the income-tax rules, 1922. this court held that the salary received by a partner is only a share ..... dispute. the disallowance as made by the income-tax officer was on the ground that the withdrawals related to non-business purposes such as purchase of agricultural estate during the financial year 1962-63, income from which was not ..... at page 537 this court, on reference, observed:'in fact it (section 10 of the act of 1922) says that profits or gains will be computed after making allowance in respect of interest paid on the capital borrowed for the ..... scope of the legislative power that the exemption thereof set out in section 10(1) of the income-tax act, 1961, can only be taken to be a clarificatory provision. even without the exemption conferred by section 10(1), agricultural .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-14-1974
Reported in : AIR1974P& H162
..... payable under the act; section 25 deals with the power to remove difficulties; section 26 gives the power to the state government to make rules; section 27 enumerates the exempted lands to which the provisions of this act shall not apply and section 28 is he repealing and saving section.6. admittedly, the punjab security of land tenures act, 1953, and ..... sufficient means of livelihood and who are willing to take up agriculture as means of their livelihood; (e) labourers belonging to families of agriculturists and agricultural labourers whose principal means of livelihood before the appointed day was the income they obtained as wages for work in connection with or ..... the land in accordance with the second proviso to article 31a(1) of the constitution.20. in the maharashtra agricultural lands (ceiling of holdings) act, 1961, the family has been defined in section 2(11) to include a hindu undivided family and in the case of other persons, a group or ..... relied upon by the learned counsel for the petitioners is yusuf abdul aziz v. state of bombay, 1954 scr 930 = (air 1954 sc 321 = 1954 cri lj 886), wherein it was held that section 497 of the indian penal code did no offend articles 14 and 15 of the constitution. ..... landowner reserves perennial area as his permissible area, he is allowed more land than a landowner who reserves non-perennial area as a result of the working of the formula mentioned in rule 10 and schedule b. i do not find any substance in this submission. every person has to .....Tag this Judgment!
Court : Kerala
Decided on : Sep-05-1974
Reported in : (1976)ILLJ114Ker
..... particularly the general level of wages in other industries and the capacity of industry to pay. this view has been accepted by the bombay textiles labour inquiry committee which says that ' the living wage basis affords an absolute external standard for the determination of the minimum ..... makes no difference, for, the principle of natural justice applied to the exercise of administrative powers too. the question of requirement of compliance with the rules of natural justice is to be decided not in the light of the nature of the powers exercised but the consequence of exercise of such power. dealing with an attack against the provisions of the minimum wages act and particularly section ..... to the wage also. 59. this clause accordingly found a place in the minimum wages notification, ext. p1, of 30-6-1952 and also in the subsequent minimum wages revision notification, exts. 15 and p8. therefore it was not anything now that was ..... increasing demand for the fixation of minimum wages so as to cover even non-sweated industries particularly those in which labour is unorganised or is only weakly organised. the international convention of 1928 prescribes the setting up of minimum wage-fixing machinery in industries in which ..... ramakrishna ramnath v. state of maharashtra : (1963)iillj548bom , dealt with the situation similar to the one arising before us. the notification in that case, issued under section 5(1)(b) was contended to be not one in accordance with the section since it mentioned ' notice .....Tag this Judgment!
Court : Allahabad
Decided on : May-22-1974
Reported in : AIR1975All36
..... but that does not mean that by recourse to the provisions for amendment, the entire nature of the suit can be altered. the amending power conferred by the provisions of order 6, rule 17 of the c. p. c. is not so wide in its sweep to permit an amendment which will alter the entire nature of ..... it out of the hands of trustees who have been guilty of mismanagement. no change in the beneficial ownership is sought. the court has undoubtedly power under the section to vest the trust property in the new trustees, and it seems to me reasonably clear that the court may direct a trustee who is being ..... word 'vest' is a word of variable import is shown by provisions of indian statutes also. for example, section 56 of the provincial insolvency act (5 of 1920) empowers the court at the time of the making of the order of adjudication or thereafter to appoint a receiver for the property of the insolvent and further provides ..... que trust. it was held that in the latter case, the person could be joined as a party though no relief could be claimed against him. the bombay high court in collector of poona v. bai chanchalbai, ((1911) ilr 35 bom 470) had taken the view that an alienee was a necessary party although ..... council in air 1928 pc 16 (supra). the decision of the privy council was distinguished by the court on the ground that the privy council did not intend in that case to express any definite opinion upon the subject of joinder of parties or causes of action, or upon the effect of non-joinder or mis .....Tag this Judgment!