Court : Supreme Court of India
Decided on : Aug-02-2000
Reported in : AIR2000SC3335; 2001(1)BLJR9; JT2000(8)SC99; (2000)3MLJ170(SC); 2000(5)SCALE399; (2000)8SCC99; Supp2SCR114; 2000(2)LC1365(SC)
..... in fact, no adoption.3. the factual score further depicts that the family of mohanlal had migrated from jaipur and was governed by the benaras school of hindu law. the plaintiff contended that ramgopal's adoption stands vitiated for want of authority from mohanlal to kisnibai to adopt a son to him. ramgopal, however, ..... of kisnibai in respect of mohanlal's property; (ii) mohanlal was governed by benaras school of hindu law and not the bombay school of hindu law; (iii) radhabai was not living as a member of mohanlal's joint hindu family; (iv) there was no authorisation to radhabai to adopt a son to mahadeo and though ..... would be entitled to claim rights in the property which belong to mohan lal and referred to clause (c) of proviso to section 12 of the hindu adoption and maintenance act. for convenience sake the third proviso to section 12 is noted hereinbelow:12 effects of adoption.-.provided that -(c) the adopted ..... .e., 25th april, 1967, radhabai was the only surviving member of the family of mohanlal. succession to mohanlal opened in the year 1923 when the hindu women's rights to property act; 1937, had not been enacted, the most that could be said in respect of radhabai would be that radhabai, by ..... would be entitled to take widow's estate in the property left by mohanlal, and by virtue of the provisions of section 14(1) of the hindu succession act, her estate would be enlarged and she would become a full owner of the property. at the time when the previous suits were finally .....Tag this Judgment!
Court : Chennai
Decided on : Mar-31-2000
Reported in : 2000(2)CTC263; (2000)IIMLJ287
..... of the learned government pleader.'in mohamed ismail v. khadirsa rowther, 1982 (ii) mlj 367 a division bench of this court has held that,'9 the law is well-settled that mere possession however long cannot imply ouster. equally it is well-settled that the mere non-participation in the income alone would not ..... 3 judges bench decision of the supreme court referred to above neelavathi v. n. natarajan, : 2scr307 to continue to be in joint possession in law, it is not necessary that the plaintiff should be in actual possession of the whole or part of the property. further, it is not necessary that they ..... , there should be a clear and specific averment in the plaint that they had been excluded from joint possession to which they are entitled to in law. the averments in the plaint that the plaintiff could not remain in joint possession as he was not given any income from the joint family property ..... 37(1) of the act. in view of the controversy, learned counsel appearing for the petitioners took me through the plaint averments. it is settled law that the question of court-fee must be considered in the light of the allegations made in the plaint and its decision cannot be influenced either by ..... and prayed for partition alleging that they are in joint possession. under the proviso to section 6 of the hindu succession act, 1956 (act 30 of 1956) the plaintiffs being the daughters of the male hindu who died after the commencement of the act, having at the time of the death an interest in the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Nov-23-2000
Reported in : (2001)(95)LC505Tri(Mum.)bai
..... (sic). when the two decisions placed before me which are not at all purverse (sic) to me, the judicial discipline requires that i have to follow the same. after all, law should always be certain as far as possible taking into account the development of the same. i, therefore, following the judgements, reject the contentions raised by smt. arya and allow ..... to any specific commodities; nor is there any enabling power with any authority to limit the said rule to any specific commodity. now it is a well settled principle of law that if there is any ambiguity in any statutory provisions the benefit thereof should be extended to the subject. relying on this principle we hold that the benefit of rule .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-23-2000
Reported in : AIR2001Kant14; ILR2000KAR3319; 2000(6)KarLJ388
..... appellant is liable to penalty nevertheless as he knows he is not qualified for membership of the legislative assembly and yet he acts contrary to law. 26. the question that arises for consideration is if in such circumstances high court cannot exercise its jurisdiction under article 226 of the constitution ..... the high court its powers under article 226 of the constitution can be exercised when there is any act which is against any provision of law or violative of constitutional provisions and when recourse cannot be had to the provisions of the act for the appropriate relief. if circumstances like ..... the appropriate authority for including his name in the voters list. it is left to the authority concerned to conform to the requirement of law and satisfy whether the applicant could be included in the voters list of the particular legislative assembly constituency or not. the applicant cannot do ..... within the jurisdiction of the assistant commissioner, bangalore north sub-division, the 3rd respondent herein, with respect to the exercise of power under electoral laws is concerned he was under the jurisdiction of the assistant commissioner, bangalore south sub-division, the 2nd respondent herein.6. the learned counsel for the ..... virtue of article 329(b). this is what is stated in this behalf in the said judgment. 'we have projected the panorama of administrative law at this length so that the area may not be befogged at the trial before the election court and for action in future by the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-09-2000
Reported in : 2000(3)CTC405
..... right, and to show that though in some respects anomalous, it was an anomaly to be accepted as having been admitted into hindu law from an early date. 'according to hindu law', observed lord hobhouse in gossamee sree greedharreejee v. rumanlolljee gossamee, 16 i.a. 137:'when the worship of a thakoor has ..... of two years. by the principles enunciated in the various judgments referred to above and the passage referred to in para 419 of mullah's hindu law, it is made clear that trusteeship and poojariship which is also known as shebaitiship has in itself all the incidence of property and thus inheritable ..... on a conspicuous reading of the whole material placed before us and the reading of the various pronouncements, and the principles set out under the hindu law, exercises of such right by any one member within the branch would be unquestionable.21. we shall now refer to the judgment of privy council ..... a sabaiti right is that there is an element of property also in the concept of 'shebaiti right' unless there is an absolute bar under hindu law or an express prescription in the deed of religious endowment providing for any limitation of the power of 'shebait' to transfer his 'shebaiti right' ..... that the will way an invalid one. in support of his submission, the learned counsel relied upon sub para 4 in para 419 of mulla's hindu law. the teamed counsel also referred to : air1963cal85 in support of his contention that 'shebaitiship' is a property not mere office and therefore ,'shebaitiship' .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-08-2000
Reported in : AIR2000Cal251
..... the whims of a student's union.20. mr. bikash ranjan bhattacharya, learned senior counsel appearing on behalf of the university made his submissions mainly on the question of law. but before proceeding with his submissions, i like to point out that being prima facie satisfied with the contentions of the purported non-collegiate and discollegiate students this court was ..... examination irrespective of the actual number of classes attended by them. the students are merely shown to have the requisite attendance. not a single student of the department of law of the respondent university has been made discolleglate and debarred from appearing in an examination in the last five years.xv) the registers for recording the attendance of the students ..... or partiality shown by the members of the non-teaching staff; (c) policy of acceptance of medical certificate has been prepared by all the teachers of the department of law keeping in view of the university regulations which stipulates 65% attendance for being collegiate and 55% attendance after condonation for being non-collegiate. such regulation is silent about the ..... jointly made a unique situation. in respect of the earlier 2 applications which are under the purported nomenclature of 'non-collegiate' students, the petitioners being various students of the law college under the university of calcutta alleged that all requisite fees were received by the university of calcutta as non-collegiate fees even thereafter, they were not allowed to sit .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-20-2000
Reported in : 2000(4)BomCR508; 2001(2)MhLj758
..... the discretion of the court otherwise. perpetual injunction can be granted where right exists or where right is created, or where right is cognizable by law. it can be granted to prevent the infringement of that right. when a tenant comes to the court contending, inter alias, that he is ..... this court in the matter of bhagwantrao (supra) wherein the division bench of this court has held thus : 'where there is a duty enforceable by law, whether express or implied, whether arising out of a contract or otherwise, the relief of injunction can be granted, unless considerations of expediency or convenience ..... direct evidence i.e. oral or documentary evidence or admissions made by opposite party, but it may comprise of circumstantial evidence or on presumption of law or fact. to determine as to what facts are required to be proved and by whom and in what manner, it is necessary to ascertain ..... desiring the court to believe such fact, fairly pleads the said fact and establishes it with cogent evidence when disputed by the other party. the law regarding burden of proof is that the party on which the onus of proof lies must produce sufficient evidence and only then the party has the ..... entitled for a permanent injunction to restrain the respondents from interfering in the suit property. ex-facie therefore, the said issue is purely on point of law. it speaks about the entitlement of the plaintiffs for the relief of injunction. does the said issue require the petitioners to establish any fact? in .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-29-2000
Reported in : 2000(4)AWC3087
..... caution. generally, only the person who has suffered injuries by reason of legal right or interest, is entitled to seek the judicial redress, but the law regarding locus standi of the person who approach the court, has, in the recent past, been liberalized by enlarging the concept of a 'person aggrieved' ..... ) (both inclusive) of rule 2, subject to the allocation of work by the advocate general except the power to supervise and control the work of the law officers attached to the high court referred to in item (xi) of that rules ; (2) the functions conferred on the advocate general by or under ..... , be referred or assigned to him by the governor : (xix) to discharge the functions conferred on him by or under the constitution or any other law for the time being in force :' clause 3 is as follows :'3. duties and functions of the additional advocate general.--(1) the additional advocate general ..... by development of healthy conventions, or by the delineation by rules and instructions. in the case on hand, we have government notification no. 368/b1/76/law dated august 20, 1976, which makes certain amendments to the notification dated 1.11.1956 relating to the rules regarding the duties, remuneration etc. of ..... by attorney general of india to him, be quashed. thereafter, the petitioner also addressed the letters to the advocate general of the state and the law minister of the state in that regard.6. when the petitioner was confronted with the full bench decision of the kerala high court in m. k .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-06-2000
Reported in : AIR2000P& H271
..... delivery of possession in execution of a decree for injunction passed in a suit for mandatory injunction to vacate the disputed premises was not justified. the law laid down in this authority would not apply to facts of the present case, where the court had passed a decree for prohibitory injunction and ..... balbir singh and defendant no. 4 om parkash from interfering in the possession of harbant singh plaintiff over the suit land except in due course of law.9. in the present case, it is not disputed before me that at no point of time harbant singh plaintiff was dispossessed from the suit land ..... of the land in question. reliance has placed on 1993 (2) cur lj 116, harbans singh v. daulat ram. reliance was also placed on the law laid down by this court in civil revision no. 315 of 1999, om parkash v. harbant singh etc. on 21-1-1999. reliance was also placed ..... the pendency of the said execution petition, om parkash defendant--judgment-debtor filed objections in the said execution petition, alleging therein that he was the lawful owner and in possession of land in dispute since 31-1-1989 on the basis of the sale deed and that harbant singh decree-holder had ..... singh and om parkash and they were restrained from interfering into the cultivating possession of the plaintiff over the suit land except in due course of law. subsequently harbant singh decree holder moved execution petition dated 18-12-1995 against balbir singh and om parkash defendants (judgment-debtors), alleging therein that after .....Tag this Judgment!
Court : Delhi
Decided on : Jan-06-2000
Reported in : 2000VAD(Delhi)48; 86(2000)DLT117; 2000(54)DRJ431
..... act of 1940 as the act of 1996 has been enacted after taking into account the united nations commission on international commercial trade law (uncitral), so uncitral model law rather than 1940 act is more relevant to refer.13. in the present case in the arbitration clause itself, the parties have ..... 08,33/-. other dues like liquidated damages, overdue interest would also be due. this liability exceeds the amounts of the bank guarantees.31. the principles of law against invocation of bank guarantee are well established. recently a three judges bench of the supreme court in dwarikesh sugar industries ltd. vs . prem heavy engg. ..... works pvt. ltd., : air1997sc2477 after referring to the relevant case law has referred to with approval the general principles as laid down in the case of u.p. state sugar vs . sumac international ltd., : air1997sc1644 where ..... it has been laid down as under:-'the law relating to invocation of such bank guarantees is by now well settled. when in the course of commercial dealings an unconditional bank guarantee is given or ..... put to any loss or injury what to talk of irreparable loss. on the other hand, it is the respondent who is deprived of its lawful dues. in the circumstances, no case for restraining invoca-ion of the bank guarantees is made out. to that extent, this petition seems to .....Tag this Judgment!