Court : Rajasthan
Decided on : Sep-21-1977
Reported in : AIR1978Raj129; 1977()WLN638
..... application under order 21, rule 97. cpc. the executing court, was very well within its jurisdiction to decline to execute the decree in view of the report of the sale amin dated 21/11/ 1975, or could have passed such orders, as in the circumstances of the case, the ..... contentions of the learned counsel for the parties, i am of the considered opinion that the learned trial court acted illegally and with material irregularity in exercise of its jurisdiction in directing the decree-holder to file a petition under order 21. rule 97, cpc, and in further directing that the execution of the decree shall be stayed till the disposal of the ..... the applicant is still resisted or obstructed in obtaining possession the court may also, at the instance of the applicanat. order the judgment-debtor, or any person acting at his instigation, to be detained in the civil prison for a term which may extend to thirty days.8. the report of the sale-amin dated 21st nov. 1975, that ghosh mohammed was found at ..... . on behalf of the decree-holder petitioner it was contended that the learned munsiff acted illegally and with material irregularity in exercise of his jurisdiction in directing the decree-holder to file a petition under order 21, rule 97, cpc. it was further contended that the learned trial court erred in lawin holding that the petitioner ghosh mohammad was not bound by the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-08-1977
Reported in : AIR1978Delhi92
..... the persons in possession of the property on the footing that their possession was unauthorised and unlawful.92. section 50(1) of the rent control act provides:'save as otherwise expressly provided in this act, no civil court shall entertain any suit or proceedings in so far as it relates to the fixation of standard rent in relation to any premises to which this ..... legal heirs etc. the appeal had become infructuous. the tribunal thereupon dismissed the appeal.87. counsel for the defendants says that the jurisdiction of the civil courts is barred under s. 50 of the delhi rent control act and that on the death of the tenant shiv pershad the landlord ought to have continued the appeal in the tribunal against his legal representatives ..... possession. the lower category. they do not succeed. the inevitable conclusion is that the defendants do not acquire any right under the amendment act of .1976.86. counsel for the defendants raised another point. he submitted that the civil courts have no jurisdiction to try the suit. he founds his argument on the withdrawal of the appeal in the rent control tribunal by ..... . section 50(4) provides:'nothing in sub-s. (1) shall be construed as preventing a civil court from entertaining any suit or proceeding for the decision of any question of title to any premises to which this act applies ............... 95. the suit is thereforee competent in a civil court.96. issues 7 and 8: this brings me to the plaintiffs claim for rent and mesne .....Tag this Judgment!
Court : Delhi
Decided on : Oct-08-1977
Reported in : AIR1978Delhi63; 1978RLR300
..... sue the persons in possession of the property on the footing that their possession was unauthorised and unlawful. s. 50(1) of the rent control act provides : 'save as otherwise expressly provided in this 'act, no civil court shall entertain any suit or proceedings in so far as it relates to the fixation of standard rent in relation to any premises to which this ..... legal heirs etc. the appeal had become infructuous. the tribunal thereupon dismissed the appeal. (77) counsel for the defendants says that the jurisdiction of the civil courts is barred under s. 50 of the delhi rent control act and that on the death of the tenant shiv pershad the landlord ought to have continued the appeal in, the tribunal against his legal representatives ..... of the lower category. they do not succeed. the inevitable conclusion is that the defendants do not acquire any right under the amendment act of 1976. (76) counsel for the defendants raised another point. he submitted that the civil courts have no jurisdiction to try the suit. he founds his argument on the withdrawal of the appeal in .the rent control tribunal by ..... from entertaining any suit or proceeding for the decision of any question of title to any premises to which this act applies...........'the suit is thereforee competent in a civil court. issues 7 and 8 (84) this brings me to the plaintiffs' claim for rent and mesne profits. they have claimed rs. 2173.50 from the estate of shiv pershad gupta .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-10-1977
Reported in : AIR1977All276
..... . after the preliminary decree had been passed defining the shares of the parties an application was moved for the preparation of the final decree. a commission was issued to the civil court amin for the preparation of the partition scheme. he submitted the scheme andboth the parties filed objections. the objections filed by the plaintiff were not pressed but those by the defendants ..... but a question to be decided on the facts and circumstances of the case. so far as the first contention concerned, it has to be noticed that before the trial court no objection was taken on behalf of the appellant that the property was not capable of being conveniently partitioned. in fact, she herself pressed for an alternative manner of partitioning ..... were pressed. both the courts below, however, rejected the objections made by the defendants. now, in this second appeal the defendant, smt. premwati, has come up and in support of the appeal shri g. p ..... the property, which is only about 13' 11' it was not convenient to partition the property and instead recourse ought to have been had to section 2 of the partition act, 1893. the second contention is that the partition scheme should have been so modified that the plaintiff should have got the shop which was already in her occupation and the .....Tag this Judgment!
Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Jul-22-1977
..... stronger still in the case of an inquiry of the kind conducted under the act. so long as there is material in the notice which would make the inquiry meaningful or ..... respondent and appropriate orders under section 37(1)(a) and (b) of the act be passed. the answer to that question will determine the sufficiency or otherwise of the notice. this is the position at which we arrive oven by applying the strict test evolved by the civil courts in regard to disclosure of the cause of action, and the position would be ..... the adverse effect on the relevant competitive field. this deficiency was not so far-reaching as to make the notice completely meaningless.13. in similar situations arising under the civil procedure code, the courts have evolved a test and that test was to find out whether even if all the prayers set out in the plaint were accepted as true, the plaintiff will be ..... with the order of the commission dated 30th september, 1976, because it was not in conformity with the exposition of the law by the supreme court of the relevant provisions of section 2(o) of the act. it was also prayed in the alternative that the order dated 30th september, 1976, may be recalled.it was further prayed that the notice of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-24-1977
Reported in : (1977)79PLR238
..... an application for setting aside the ex parte order had been made in june, 1973, after the coming into force of the principal haryana act. the application had been returned by the civil court acting as rent controller for being presented to the sub-divisional officer who dismissed the application on merits. the petition for revision of that order was allowed by the financial ..... , which was decreed ex parte in favour of the landlord on sept. 6, 1973. during the pendency of the petition for eviction before the civil court, the haryana urban (control of rent and eviction) act (haryana act no. 11 of 1974) was passed and enforced with effect from april 27, 1973. the learned senior subordinate judge was correct in continuing the proceedings which were ..... in the circumstances of this case in so far as it relates to applications for setting aside ex parte orders passed by civil courts acting as rent controllers. that being so, i hold that the order of the sub-divisional officer (civil)(special collector, rohtak), exercising powers of rent controller dated may 27, 1976, was correct and the order of the learned senior subordinate ..... rule contained in the proviso to s. 24 and the same must be given effect to. what actually happened after the principal haryana act came into force was that whereas pending cases had to be decided by the civil court, appeals or revisions against them had to go to the executive authorities. it was felt that in view of the separation of the .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-28-1977
Reported in : AIR1978Cal133,82CWN51
..... situate not within the territorial limits of the city civil court at calcutta. the plaintiff claimed that she had 8 as, distinct share in the wakf property and was a co-mutwali with one roohul amin, father of defendants 1 to 3. roohul amin by a registered deed surrendered and transferred his beneficial ..... vested with mutwaliship does not constitute a transfer to them the ownership of the property and as such it is outside the provisions of indian registration act, 1877. the same view was reaffirmed by the privy council in still later a decision in the case of alla rakhi v. md. abdur rahim ..... sajjadanashin under a mahomedan endowment. neither of them was held to be a trustee within the meaning of article 134, schedule i of the limitation act, 1908. it was in that context that the privy council observed that the head of a math under a hindu endowment 'called by whatever name ..... plaintiff also prayed for a mandatory injunction for expunging the aforesaid illegal order of the wakf commissioner and for a permanent injunction restraining the defendants from acting upon or in any manner giving effect to the aforesaid order or disturbing the plaintiff in her peaceful possession, enjoyment and management of the wakf ..... powers of controlling the actions of mutwali. save and except as recognised by any custom, the law does not favour the right to act as mutwalli becoming heritable. when the mutwali dies subject to any specific provision to the contrary in the deed of endowment, the wakif .....Tag this Judgment!
Court : Chennai
Decided on : Jun-17-1977
Reported in : AIR1978Mad121; (1978)1MLJ103
..... to another under the provisions of the act, it is easy to conceive that such a suit for accounts is maintainable ..... ramaprasada rao, j.1. the first defendant in o. s. no. 1606 of 1968 on the file of the city civil court. madras, is the appellant, haji mirza ali naki sahib kirmani, executed a wakf deed whereunder he set apart his property bearing door no. 73, ..... of section 92(1) of the civil p. c. it was not hit by the provisions of sub-section (2) thereof. in a case where the subject-matter is governed bv the wakf act, and in the absence of any embargo on the filing of a suit in ordinary civil courts for rendition of accounts by one trustee ..... account of the trust properties in their hands is maintainable, even though the suit is not instituted under section 92 of the code of civil procedure. this is the dicta of the full bench of our court in appanna v. narasingha, 41 mlj 608 : air 1922 mad 17 .10. in thirugnanasambandham pillai v. ramachandram pillai : air1953mad744 subba ..... the interest of amity directed that the plaintiff and both the defendants should act as joint mutha-vallies under the supervision of one amin khalihi. the plaintiff questioned this order of the board in a writ petition no. 404 of 1961 on the file of this court. the writ petition was dismissed. the plaintiff filed w. a. no .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-24-1977
Reported in : (1978)19GLR751
..... the tribunal was made final under section 39(8), and no suit could lie in any civil court in respect of matters decided by it. section 40 specifically barred the jurisdiction of civil courts to settle, decide or deal with any question which is by or under this act required to be settled, decided or dealt with by the tribunal, and pending suits and proceedings ..... these petitioners. the rule in this matter was issued on march 24, 1977.4. the respondents nos. i and 2, the manager who is also the managing trustee, chandubhai p. amin, has not appeared. the learned government pleader appears for the district education officer and he has stated that so far as he is concerned, the payment of the salary of ..... the petitioners to the district education officer on the same day as per annexure 'b' on november 16, 1976. a letter was also addressed to the managing trustee, chandubhai p. amin, on november 12, 1976 as per annexure 'c' with a request to make the payment. as no payment whatever was made and the award of the tribunal had been flouted ..... taluka, ahmedabad district, which is a private registered secondary school, have filed this contempt petition against the manager of the school, joined as respondents nos. i and 2, chandubhai p. amin, who is also the managing trustee of the trust in question and against the district education officer, who is joined as respondent no. 3.2. the case of the petitioners .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-27-1977
Reported in : AIR1978AP200
..... saying this on the scope of s. 56, the learned judges proceeded to hold that in respect of the questions that can be raised under s. 56 of the act, the jurisdiction of the civil court is ousted.48. rajamannar, c. j. and ganapatia pillai, j. held in adakalathammal v. chinnayyan panipundar, : air1959mad447 that having regard to the material provisions of the abolition ..... the two matters thus :' what is the effect of a decision rendered by a settlement officer or the estates abolition tribunal under s. 56 (1) of the act. in other words, has the civil court no jurisdiction to inquire into the question of title and possession when once the settlement officer or the tribunal decided a question as to who the lawful ryot ..... had no title to or possession of the land in question that since he had filed an application under section 56 (1) of the abolition act, the civil court had no jurisdiction to try the suit. the trial court held that the plaintiffs were entitled to and in possession of the land. all the same if dismissed the suit in regard to one of ..... commended to the welfare legislation for being adopted for the successful implementation of welfare measures all over the world. that is also the reason why the act secured the exclusion of the jurisdiction of of civil courts by adopting the standard formula about the decisions of these statutory authorities or tribunals to the effect that 'its decision shall be final and not be .....Tag this Judgment!