Court : Mumbai
Decided on : Dec-15-1981
Reported in : 1982(1)BomCR171; (1982)84BOMLR89
..... purpose of the present discussion and i, therefore, do not refer to the same. the bombay rent act of 1939 was replaced by the bombay rents, hotel and lodging house rates (control) act of 1944, section 9 of which corresponded with section 11 of the 1939 act. the said section 9 was in the following terms :---'no ejectment ordinarily to be made if rent paid at allowable ..... under article 227 of the constitution.20. some detailed arguments were also advance on the question of what is for brevity's sake called the comparative hardship, a question arising under section 13(2) of the bombay rent act. in this regard also i notice that the learned trial judge has discussed the evidence in great details in several paragraphs of his judgment ..... to notice a slight variation in the language used in this section as compared to the analogous sections in the acts of 1939 and 1944. section 12(1) of the act of 1947 mentions 'and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of this act'. the obligation on the tenant to observe and perform the ..... obligation upon the appellate bench to reproduce every piece of evidence and then make comments upon the same. nevertheless, in the instant case, i notice that the evidence on the comparative hardship has been admirably summarised by the appellate bench which has concurred with the conclusions arrived at by the court of first instance. i do not see any error, let .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-03-1981
Reported in : AIR1983P& H213
..... authorising the state government to issue a notification under s. 3 so as to be effective from the date of the commencement of the punjab motor vehicles taxation (amendment) act, 1981. correspondingly the state of punjab made the entry in the schedule to raise the tax from rs. 300/- to rs. 500/- per seat subject to the maximum of rupees rs. 35 ..... tax was in the nature of a restriction offending art. 19(1)(g) of the constitution being an unreasonable deprivation of their business. lament was also made that as per comparative statement, annexure p. 5, there were a number of other vehicles which had increased considerably and they had not been made to share the burden whereas the petitioners alone have ..... india. it is claimed that the said levies imposed an unreasonable restriction which are not in public interest and are merely for filing the coffers of the state. section 3 of the act was claimed to be unconstitutional and void as giving arbitrary, unguided and uncontrolled powers to the state government in the matter of imposition of tax on motor vehicles. the ..... vehicle for user. (3) every person who owns any motor vehicle which is let for hire, shall, for the purpose of this act be deemed to be the person who keeps the motor vehicle for use.' the aforesaid section, therefore, provides for the obligation of persons keeping motor vehicles to make declaration and to pay taxes. every person keeping a motor vehicle .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-22-1981
Reported in : AIR1983Guj18; (1982)2GLR114
..... tenant. in other words, the legislature puts a sort of an umbrella above the heads of all tenants, provided they do not become remiss in their corresponding duties, the duties being to go on paying rent and to go on abiding by the terms and conditions of the tenancy. if these two conditions are ..... tenant by necessary implication is told of the provisions of section 12(1) and also to the provisions of section 12(2) of the rent act, and therefore tacitly called upon to pay arrears. the legislature, as we have stated above, was conscious of the comparatively more lack of knowledge on the part of the tenant and ..... demand from the tenant by the landlord in the form of a specific suit for realising arrears of rent. the scheme of the bombay rent act, and particularly section 12 of the act, is so clear and emphatic that it would admit of no other interpretation, in our view.7. we, therefore, hold that the notice ..... in the case of ram sarup v. sultan singh, (1977) 2 rcj 552. in that case, clause (a) of sub-section (1) of section 14 of the delhi rent control act, 1958 had come up for consideration before the learned single judge of that court. the said clause is borrowed by us from the said ..... is no forthwith demand in the notice, the notice, could be said to be bad or invalid for non-compliance with the mandatory requirements of section 12(2) of the act.6. in this connection, mr. adhyaru, the learned counsel for the opponent, had invited our attention to the judgment of the delhi high court .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-30-1981
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 2SCR365
..... used as a model for some of the relevant provisions of the government of india act, 1935 and of the constitution. section 3 of that act corresponds to article 224a of the constitution. section 7 of that act corresponds to article 127 and section 8 of that act corresponds to article 128. section 4(1) of that act provides for the establishment of three divisions of the high court and they are ..... the judge to be transferred, examines, appraises and evaluates them from all objective standards keeping in view the possible inconvenience and hardship likely to be caused to the judge and comparable public interest which necessitates transfer and thereafter puts forward the proposal. while discharging such a high constitutional function of either initiating the proposal for transfer or for being consulted for ..... in its present form was introduced in the constitution in 1956, as things stand at present, however, this seems to have become a regular feature as would appear from the chart supplied during the hearing of these petitions showing the number of permanent and additional judges in the different high courts. there can be no dispute however that the continuance of ..... who was, undoubtedly, in the best position to explain what defect in the law the amendment had sought to remove.245. in state of tamil nadu v. pyare lal malhotra : 1983(13)elt1582(sc) beg, j. (as he then was) observed thus (at d. 803):the reason given, in the statement of objects and reasons of the 1972 .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-30-1981
Reported in : AIR1983Kant24; 54CompCas792a(Kar); 1982(1)KarLJ310
..... (see air 1941 mad 654).15. similarly, in the matter of the pioneer bank ltd. : air1951cal519 bachawat, j. (as he then was) construing sec. 47 of the presidency towns insolvency act, 1909, corresponding to sec. 46 of the provincial insolvency act held as follows :'thus, in bankruptcy and in winding up of insolvent companies the subject matter of set-off is wider and unliquidated damages ..... dealing or transaction, the moneys due to the surety on the one hand and from him to the company on the other, were mutual dealings as contemplated by sec. 46, provincial insolvency act and he had the right to set-off against his indebtness to the company the moneys due to him when the obligation to the company by the debtor and ..... avoided. subscribers to a chit fund or kuri who offer themselves as sureties taken upon themselves an additional risk and liability and therefore entitled to the benefit of section 46 of the provincial insolvency act and further they satisfy the test of mutuality of the dealings between themselves and the insolvent.12. i am fortified in the conclusion reached, by three decisions ..... liquidator v. b. lakshmi kutty (ilr (1979) 2 kant 1575) held that where there was mutuality of dealings between the debtor and the creditor in insolvency proceedings, sec. 46 of the provincial insolvency act was attracted and the sum due by the other party and the balance of the account and no more, shall be claimed or paid on either side. the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-05-1981
Reported in : (1982)30CTR(Mad)179
..... accept the argument of counsel as valid. his view tends to rob the proceedings of their legal character, and reduces them to the level of an informal correspondence. the argument overlooks that by this writing, the aac had actually terminated a legal proceeding which he had earlier started on its course. we have already made ..... to the maintainability of the appeal. we find that his contentions are based on a wholesome construction of the relevant provisions of the w.t. act. section 24(2) of the act provided as we have already indicated, for a departmental appeal to the appellate tribunal, it enacts that the commissioner, if he is not satisfied ..... pari materia in all respects. for where there are individual variations in the operative provisions, courts of construction cannot, and do not, ignore them. thus, a comparative study of the different direct tax statutes and the case-law beating on them, although unavoidable in one sense, has its own limitation. it is only from ..... in this case, as in the other case dismissed by the bench in t.c.p. nos. 264 to 266 of 1977 [cwt v. v. thayaramnmnal  139 itr 1072 (mad)], is not a question of law. it is not however necessary for us to comment on the manner of disposal of t.c.p ..... 265 and 266 of 1977 disposed of on february 3, 1978 (cwt v. v. thayarammal) [since reported in  139 itr 1072 (mad)]. that case arose under s. 27(3) of the w.t. act, 1957 on a petition filed by the cwt for an order directing the tribunal to state a case on a question .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-20-1981
..... for further proceedings consistent with this opinion. [ footnote 2/1 ] the initial opinion of the court of appeals instructed the district court as follows: "to establish a section 1982 or 1983 claim on remand, greene must prove his allegations that city officials conferred the closed street on west drive residents because of their color; he must prove racial motivation, ..... be 'undesirable.' finally, there was some evidence, credited by the district court, of an economic depreciation in the property values in the predominantly black residential area with a corresponding increase in the property values in hein park. the result, under the unique circumstances here, can only be seen as one more of the many humiliations which society has ..... or for a community's reaction to a tragic accident that adequate planning might have prevented. see thomas cusack co. v. chicago, 242 u. s. 526 . the residential interest in comparative tranquility is also unquestionably legitimate. that interest provides support for zoning regulations, designed to protect a "quiet place where yards are wide, people few, and motor vehicles restricted. . . ..... legislation, made plain that it was intended to prohibit local discriminatory customs, as well as discriminatory state laws. id. at 1759. during the house debate over the civil rights act, representative cook argued that, without the legislation, slavery might be perpetuated "under other names and in other forms," because "[a]ny combination of men in [a negro's] .....Tag this Judgment!