Court : Gujarat
Decided on : Jan-16-1997
Reported in : AIR1997Guj136; (1997)1GLR602
..... petitioner no. 1-society to delete the condition of permission granted by the society restricting development of residential accommodation only for parsis, the petitioners have challenged the pending proceedings under section 24 of the act before the district registrar as can be seen from the reliefs quoted hereinabove. 5. there being a caveat from the respondent no. 2, the respondent no. 2 ..... organisation, taluka sale and purchase cooperative organisation, co-operative sugar factories, co-operative spinning mills, district co-operative milk unions and taluka cooperative 'processing societies. accordingly, the societies could be validly classified on the basis of the nature of business and/or the activity which one or the other society might undertake. section 28 deals with voting powers of the members ..... condition is for the benefit of the lessor or those claiming under him; provided that property may be transferred to or for the benefit of a woman (not being a hindu, muhammadan or buddhist), so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.' it can be seen that ..... for convenience of enjoyment only, and not as an outright partition, the restrictions on alienations were not hit by section 10 of the transfer of property act.' in mohmand ali v. brikodar nath air 1960 assam 178 reliance has been placed on the privy council decision in mohammad raza's case (supra). the same would also stand distinguished as above. 21 .....Tag this Judgment!
Court : Delhi
Decided on : Jun-30-1997
Reported in : (1997)59TTJ(Del)699
..... date of effect of the amendment, it should always be treated as prospective in nature;8. the learned counsel further contended that in case the tribunal holds that the reassessment proceedings were valid, even then the principles of natural justice have been violated in this case as the reasons for reopening of assessments were recorded on 31st march, 1992, whereas the notice ..... of the learned counsel, the learned departmental representative has relied on the orders of the learned cit(a). since we have already held that the initiation of reassessment proceedings in this case are not valid in law, we feel that it is not necessary to go into the controversy as to when the notice dt. 27th march, 1992, was actually issued, i ..... retrospective effect to it can be concluded.3.1 to meet the arguments of the learned counsel with reference to integrated scheme of amendments made by direct tax laws (amendments) act, 1987, the learned departmental representative referred to provisions of s. 143 (1a) whereby provisions were made for levy of additional tax and he submitted that in view of the substantive ..... . m. a. merchant (supra) which related to introduction of a new s. 59 which came into force on 1st july, 1960. in the said case the estate duty assessment had already been completed on the accountable persons on 26th february, 1960, and it was held that reopening of assessment under the provisions of new s. 59 would be bad in law. in .....Tag this Judgment!
Court : Delhi
Decided on : Sep-01-1997
Reported in : 1997VIAD(Delhi)357; 69(1997)DLT36
..... jain shudh vanaspati in favor of the bank in lieu of the bank providing certain loans / advances to lain shudh vanaspati. in these proceedings we cannot pronounce on the validity or otherwise of the security so furnished to the bank. these are matters which ought to be agitated in a court of law and ..... under:- 'it is true that the first power of attorney was not duly authenticated by the notary, hence, the same was not valid to give any authority to the attorney to act on behalf of the respondent.'(219) one .more fact which could be noticed is that the committee had noted that mrs. kumud ..... justify a departure from it. he drew support from shell's equity (29th edition) page 29. the learned counsel proceeded to submit in this behalf that section 19 of the specific relief act, 1963 would apply to the present case and that cannot be disregarded by invoking equitable doctrines which arc not applicable to ..... costs: 'suitnos. 1827,3011,3858,2706,2095,2093,1739 and 1740 of 1992,1123/93, 2117/94,2128,2058,2004,2005,2097,2490,2107,2118,1960,2308,2255,2253, 2811,2185,2186,2187,2272,2179,1929,1927,2682,2199,2365,2363,2003,2327, 3001,3002,2978,2979,2684,1784,2309,2299,2315, ..... to the flats in the complex in question. according to the learned counsel, the committee had not considered the applicability of section 19 of the specific relief act, 1963. that section reads as under: '19.relief against parties and persons claiming under them by subsequent title - except as otherwise provided by this chapter, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-17-1997
Reported in : (1998)119PLR81
..... mislead the court as to the true facts, the court ought, for its own protection and to prevent an abuse of its process, refuse to proceed any further with the examination of the merits and where there is such a conduct which is calculated to deceive the court into granting the order of ..... of a party which is guilty of contumacious conduct.13. in nand lal and ors. v. state of jammu and kashmir and anr., a.i.r. 1960 j & k 19, a learned judge of jammu and kashmir high court held that if a party does not disclose all the facts correctly and candidly, ..... and material, omit to mention all material facts and proceedings and orders and then claim that he has acted bona fide even though he has made untrue statements, omitted to inform the court of all the proceedings and the orders passed at different stages in the proceedings upto date and claim indulgence.'15. in abdulgafoor v. ..... the constitution are required to exercise utmost care, inform themselves fully of every stage of the proceedings that has taken place upto the date the petition is filed, give a full and true account of those proceedings, file all the necessary documents in support of their averments and then claim relief on the ..... had concealed the fact that the award was not made by the land acquisition officer within the time specified in section 11-a of the land acquisition act on account of interim stay order passed in a writ petition. while rejecting the special leave petition, the court observed :-'curiously enough, there is no .....Tag this Judgment!
Court : Chennai
Decided on : Jul-04-1997
Reported in : 92CompCas748(Mad)
..... service was effected by an officer of the court. but the lower court proceeded on a memo filed by counsel for the plaintiff and no notice has been given regarding the suit and there is no valid service of summons. it is said that there was no service of summons ..... for the high court under articles 226 and 227 of the constitution to interfere.' 31. in satyanaranyan laxminarayan hegde v. mallikarjun bhavanappa tirumale, : 1scr890 , their lordships considered the scope of article 227 of the constitution of india and the circumstances under which the court can invoke the said provision ..... 89 comp cas 619  5 sup 291 their lordships considered the earlier decisions on that point and said how far the subordinate courts are acting in violation of the said principles of law. in paragraph 22 of the reports, their lordships have summarised the earlier decisions and have also laid ..... settled by various decisions of this court that the high court can interfere under article 227 of the constitution in cases of erroneous assumption or acting beyond its jurisdiction, refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious ..... (smt.) v. a. p. state consumer disputes redressal commission  89 comp cas 586. that is a case coming under the consumer protection act, 1986, where an ex parte order was passed, and the question raised was, whether the provisions of article 227 of the constitution could be invoked .....Tag this Judgment!
Court : Delhi
Decided on : Dec-09-1997
Reported in : 1998IAD(Delhi)301; AIR1998Delhi236; 71(1998)DLT532; 1998(44)DRJ251; 1998RLR10
..... be called in question in any court by way of appeal or revision or in any original suit, application or execution proceeding'.section 46 envisages ' save as otherwise expressly provided in this act, no civil or revenue court shall have jurisdiction - (a) to entertain or adjudicate upon any question whether any property ..... the fact is that the same only vested in respondent no.2 for purposes of management. respondents no.1 and no.2 having admitted the validity of the sale by respondent no.1 in favor of respondent no.3 the appellants have no right to challenge the same. in view of ..... thus liable to be removed. the assistant settlement officer was fully competent to sell the disputed property and he validly sold the same by public auction and the same was legally and validly purchased by respondent no.3 for a consideration of rs.1,40,000.00 . the appeal against the impugned ..... december 21, 1961. the orders with regard to the sale of the disputed property in pursuance whereof the auction was held on september 18, 1960 and the order passed by the assistant settlement commissioner dated march 28, 1961 and the impugned order dated september 13, 1961 passed by the deputy ..... sale by auction on september 18, 1960 passed by the assistant settlement commissioner the order dated march 28,1961 passed by the deputy chief settlement commissioner and that of the central government communicated to the appellants on december 21,1961 are perfectly legal and valid and within jurisdiction. the present suit .....Tag this Judgment!
Court : Guwahati
Decided on : May-12-1997
..... speak of substantiating the basis on which the court can scrutinise the reasons. i have perused the reasons and i am satisfied that there are valid reasons to initiate the proceeding.10. this matter can be considered also on the basis of the decision in sto vs . uttareswari rice mills : 89itr6(sc) ..... also contended for the appellant that the ito should have communicated to him the reasons which led him to initiate the proceedings under s. 34 of the act. it was stated that a request to this effect was made by the appellant to the ito, but the ito declined to disclose the ..... the belief and are not extraneous or irrelevant to the purpose of the section. to this limited extent, the action of the ito in starting proceedings under s. 34 of the act is open to challenge in a court of law [see calcutta discount co. ltd. vs . ito : 41itr191(sc) .it was ..... they should be considered as having been earned by individuals. the supreme court held that it was earned by an aop.(3) cit vs. indira balkrishna : 39itr546(sc) the supreme court pointed out as follows :'it is enough for our purpose to refer to three decisions : in re b. n. elias : ..... saraf, learned counsel, argues that the writ applications are to be thrown out on the ground of existence of adequate alternative remedy. he submits that the act provides adequate, alternative, efficacious remedy and without resorting to them the petitioners cannot seek remedy in the writ forum. on the other hand, the learned advocate .....Tag this Judgment!
Court : Delhi
Decided on : Jul-11-1997
Reported in : 1997IVAD(Delhi)942; 68(1997)DLT45; 1997(42)DRJ686
..... the fact that the replying defendants were not a party to any of the proceedings which were being contested by the plaintiff. @subpara = xxiii. the alleged family settlement is also barred under the provisions of the hindu minority and guardianship act. the same is also the subject matter of challenge in suit no. 1790/ ..... and misconceived. xx.that the defendants no. 6 to 8 were not a party to the alleged family settlement or to the suits or other proceedings conducted inter-se the family members of the plaintiff and the defendants no. 1 to 4. the defendants no. 5 to 8 were also neither ..... . 5 to 8 were put in possession of the suit property under the construction agreement and under the terms of the leases which are legal, valid and binding on the plaintiff and the defendant nos. 1 to 4. the plaintiff had full knowledge of the fact that the said defendants were ..... could not enter into any agreement in respect of the said property and the agreements entered into by defendant no. 1 were, thereforee, void since they proceeded on the assumption that the said property exclusively belonged to defendant no. 1. the plaintiff, thereforee, filed this suit for a declaration that the second ..... s. dlf housing & construction private limited; that prior to the execution of the said deed, kanwar mahinderpal singh was married to defendant no. 1 in april 1960 and he, thereforee, requested m/s. dlf housing & construction private limited to execute the sale deed in favor of the said defendant. sale deed was, .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-24-1997
Reported in : 1998(1)WLN389
..... at every stage in the process the candidate or his agent have an opportunity of remaining present at the counting of votes, watching the proceedings of the returning officer, inspecting any rejected votes, and to demand a recount. the application for inspection of ballot papers must be considered ..... by courts while deciding applications for interim injunctions or other interlocutory applications on the basis of material which is available at that stage of proceedings becoming final. if such decisions are taken to be binding on the court all the suits for permanent injunctions would end with the decision ..... 65. the testimony of the petitioner's witnesses on the point does not inspire confidence. it cannot be imagined that the counting would have proceeded unhampered without any objection from any of the parties if the sitting arrangements or the lighting arrangements had not been proper and adequate. after ..... cannot be ignored, and it is always to be borne in mind that the statutory rules framed under the act are intended to provide adequate safeguard for the examination of the validity or invalidity of votes and for their proper counting. in considering the requirements of justice, care must be ..... of the petitioner. the view taken by the supreme court in satyadhyan ghosal's case : 3scr590 that the order of remand was interlocutory as the judgment did not terminate the proceedings and so the correctness thereof can be challenged in an appeal from the final order was affirmed in .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-1997
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... carvers of mammoth ivory.(6) in so far as the two instant petitions are concerned, the points raised in these writ petitions regarding the validity of the amendment act 44 of 1991 are similar to the other writ petitions mentioned above. however, the only point of distinction between these writ petitions and ..... ) 3 scr 384, held that the state has the exclusive right of manufacture and sale of intoxicating liquors. obviously this decision of the supreme court proceeded on the basis that there is no fundamental right in a citizen to trade in or do business in intoxicants. to the same effect is the ..... not provide for compensation to the money lender.(58) similarly in state gujarat v. vora saiyedbhai kadarbhai and others, : 2scr470 , the validity of gujarat rural debtors relief act, 1976, which required the creditors to return to the debtors the properties pledged or mortgaged as security with them for their debts, was in ..... and urgency, how far the restriction is or is not proportionate to the evil and the prevailing conditions at that time. the court cannot proceed on general notion of what is reasonable in the abstract or even on a consideration of what is reasonable from the point of view of the ..... a prohibition would not fall foul of article 19(1)(g). in narender kumar and others v. the union of india and others, : 2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the .....Tag this Judgment!