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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1969 Page 4 of about 74 results (0.082 seconds)

Apr 11 1969 (SC)

The Assistant Commissioner of Urban Land Tax and ors. Vs. the Buckingh ...

Court : Supreme Court of India

Decided on : Apr-11-1969

Reported in : AIR1970SC169; [1970]75ITR603(SC); (1969)2SCC55; [1970]1SCR268

v. ramaswami, j.1. in these appeals which have been heard together a common question of law arises for determination, namely, whether the madras urban land tax act, 1966 (12 of 1966) is constitutionally valid.2. in 1963 the madras legislature enacted the madras urban land tax act, 1963 which came into force in the city of madras on the 1st of july, 1963. in the statement of objects and reasons of the 1963 act it was stated that the taxation enquiry commission and the planning commission were suggesting the need for imposing a suitable levy on lands put to non-agricultural use in urban areas. the state government, after examining the report of the special officer, decided to levy a tax on urban land on the basis of market value of the land at the rate of 0.4% on such market value. section 3 of the act of 1963 (which will be referred to as the old act) provided that there shall be levied and collected for every fasli year commencing from the date of the commencement of the act, a tax on urban land from every owner of urban land at the rate of 0.4% of the average market value of the urban land in a sub-zone as determined under sub-section (2) of section 6. section 7 provided for the determination of the highest and lowest market value in a zone. for determining the average market value, the assistant commissioner shall have regard to any matters specified in clauses (a) to (e) of sub-section 1 of section 6, namely :(a) the locality in which the urban land is situated;(b) the .....

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Apr 29 1969 (SC)

Baldevdas Shivlal and anr. Vs. Filmistan Distributors (India) P. Ltd. ...

Court : Supreme Court of India

Decided on : Apr-29-1969

Reported in : AIR1970SC406; (1970)0GLR8; (1970)GLR158(SC); (1969)2SCC201; [1970]1SCR435

j.c. shah, j.1. by insistence upon procedural wrangling in a comparatively simple suit pending in the court of small causes at ahmedabad the parties have effectively prevented all progress in the suit during the last six years.2. a building in the town of ahmedabad used as a cinematograph theatre belonged originally to messrs. popatlal punjabhai estate of the owners and on august 19, 1954, the receivers estate of the owners and on august 19, 1954, the receivers granted a lease of the theatre on certain terms and conditions to two persons, raval and faraqui. by an agreement dated november 27, 1954, between raval and faraqui on the one hand and messrs. filmistan distributors (india) private ltd. hereinafter called `filmistan-on the other hand, right to exhibit cinematograph films was granted to the latter on certain terms and conditions. 'filmistan' instituted suit no. 149 of 1960 in the court of the civil judge (senior division) at ahmedabad against raval and faraqui and two other persons claiming a declaration that it was entitled pursuant to the agreement dated november 27, 1954, to exhibit motion pictures in the theatre. by an order dated december 1, 1960 the suit was disposed of as compromised. it was inter alia agreed that raval and faraqui were bound and liable to allow filmistan to exercise its 'exhibition rights' in the theatre; that raval and faraqui, their servants and agents were not to have any right to exhibit any picture in contravention of the terms and .....

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Nov 19 1969 (SC)

Bashir Ahmad and ors. Vs. Government of Andhra Pradesh

Court : Supreme Court of India

Decided on : Nov-19-1969

Reported in : AIR1970SC1089

s.m. sikri, j.1. this appeal by certificate granted by the high court of andhra pradesh is directed against its judgment and decree setting aside the decree passed by the trial court and dismissing the suit filed by the plaintiff, hakim mir anwar ahmed, now deceased. the appeal is by the plaintiff's legal representatives.2. the plaintiff filed a suit for therecovery of o.s. rs. 1,40,000 on the allegation that the defendant, the hyderabad state government had agreed to take over a concern being run by the plaintiff and a book of prescriptions named 'tohfa-e-osmania', and in pursuance of that agreement rs. 50,000 had been paid to the plaintiff but the balance had remained outstanding. he further claimed arrears of allowance which was due to him under the agreement.the state government made a counter claim and prayed for a decree for o.s. rs. 50,000, the money which had been already paid in pursuance of the alleged agreement.3. the trial court passed a decree for a sum of o. s. rs. 70,000 and dismissed the counter-claim preferred by the defendant. the high court, as mentioned earlier, dismissed the plaintiff's suit in toto and decreed the counter-claim of the defendant.4. the trial court had framed a number of issues but we are only concerned with issues 6, 7 and 8, which are to the following effect:6. was there a completed and concluded contract enforceable under law and has the plaintiff any cause of action? what is the effect on this case of payment of a lump sum of rs. 50, .....

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Dec 04 1969 (SC)

Champalal Binani Vs. the Commissioner of Income-tax, West Bengal and o ...

Court : Supreme Court of India

Decided on : Dec-04-1969

Reported in : AIR1970SC645; [1970]76ITR692(SC); (1971)3SCC20

j.c. shah, j.1. the appellant champalal binani was assessed by the income-tax officer, b ward, district 24-parganas, to pay tax for the assessment years 1953-54 to 1960-61. the commissioner of income-tax west bengal issued a notice on october 28, 1963 under section 33-b of the income-tax act, 1922 requiring the assessee to show cause why the orders of assessment be not revised. three copies of the notice were sent to the assessee - one was addressed at basantlal shah road, tollygunje, calcutta (which was the address disclosed by the assessee in his return for the assessment years 1953-54 to 1960-61): another was addressed at no. 18/c mathur sen garden lane, calcutta--6 (which was the address given by the assessee in his return for the assessment year 1962-63); and the third was addressed at no. 216, mahatma gandhi road, calcutta, 'care of' janki lal bajaj - brother-in-law of the assessee. by the notice, october 31, 1963 was fixed as the date for hearing. on october 31, 1963, the date fixed for hearing, the assessee was not present and the commissioner set aside the order and directed the income-tax officer to make fresh assessments according to law after making proper enquiries and investigation. against this order an appeal lay to the income-tax appellate tribunal within 60 days from the date on which the order was communicated to the assessee: section 33-b(3). but the assessee did not prefer an appeal: instead he moved a petition in the high court of calcutta for a writ .....

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Aug 20 1969 (SC)

Smt. Sitabai and anr. Vs. Ramchandra

Court : Supreme Court of India

Decided on : Aug-20-1969

Reported in : AIR1970SC343; 1969MhLJ926(SC); (1969)2SCC544; [1970]2SCR1

1. this appeal is brought by special leave from the judgment of the madhya pradesh high court dated september 7, 1965 in second appeal no. 275 of 1962.2. dulichand and bhagirath were brothers and the properties concerned are, according to the written statement of the defendant himself, ancestral. plaintiff sitabai is the widow of bhagirath, who pre-deceased dulichand, his elder brother sometime in 1930. it is the admitted case of both the parties that after bhagirath died, the plaintiff sitabai was living with dulichand as a result of which connection an illegitimate child defendant ramchandra was born in 1935. dulichand died on march 13, 1958. sometime before his death sitabai adopted plaintiff no. 2 suresh chandra and an adoption deed was executed on march 4, 1958. after the death of dulichand ramchandra took possession of the joint family properties. the plaintiff therefore brought the present suit for ejectment of the defendant ramchandra, the illegitimate son of dulichand from the disputed properties. the suit was contested by the defendant on the ground that dulichand had in his lifetime surrendered the lands to the jagirdar who made re-settlement of the same with the defendant. as regards the house the contention of the defendant was that dulichand had executed a will before his death making a bequest of his house entirely to him. the trial court decided all the issues in favour of the plaintiff and a granted the plaintiffs a decree for possession with regard to the .....

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Oct 10 1969 (SC)

Tribhuban Parkash Nayyar Vs. the Union of India (Uoi)

Court : Supreme Court of India

Decided on : Oct-10-1969

Reported in : AIR1970SC540; (1969)3SCC99; [1970]2SCR732

i.d. dua, j. 1. the appellant, a displaced person from lahore, now in west pakistan, submitted his claim in respect of the immovable property left by him there. the claim was submitted under the provisions of the displaced persons (claims) act xliv of 1950 (hereafter called the principal act). the property in respect of which the claim was submitted was valued by the appellant at rs. 10 lacs. it consisted of a building 2 1/2 storeyed high, with 12 shops and a well as also some platform etc. in landa bazar, in lahore. the claims officer verified this claim for rs. 8 lacs. against this order a revision was taken by the appellant to the claims commissioner who on may 1, 1953 in a brief order raised the value of the, verified claim to rs. 10 lacs. the relevant part of that order reads as under:i have gone through the order of the learned claims officer and i find that he has given a queer argument to allow rs. 8,00,000/- to the claimant. by every method tried by him the assessment went beyond rs. 10,00,000/- and i think he ought to have allowed rs. 10,00,000/- as claimed by the claimant. i enhance the assessment and allow rs. 10,00,000/- to the claimant.we would assume that the claims commissioner had been duly delegated the power of the chief claims commissioner to revise the order of the claims officer, because no dispute was raised on this point. on the strength of the verified claim the appellant purchased two properties in delhi at a public auction; one of them is situated .....

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Jan 09 1969 (SC)

Maganbhai Ishwarbhai Patel Etc. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jan-09-1969

Reported in : AIR1969SC783; (1970)3SCC400; [1969]3SCR254

m. hidayatullah, c.j.1. these are five writ petitions under article 32 of the constitution 'and three appeals against the decisions of the high courts of gujarat and delhi. the writ petitions have been filed by mr. manikant tiwari (w.p. no. 109/68), mr. shiv kumar sharma (w.p. no. 234/68), mr. madhu limaye (w.p. no. 402/68), mr. gulabshankar amritlal dholakia (w.p. no. 403/68) and mr. node sadi rau (w.p. no. 409/68). the appeals from the delhi high court's common judgment, 14 may, 1968 on certificate are by mr. shiv kumar sharma (c.a. no. 2118/68) and major ranjit singh (c.a. 1900/68) and the appeal from the decision of the gujarat high court is in a writ petition filed by mr. maganbhai ishwarbhai patel (c.a. no. 1528/68). the gujarat high court, 18 march, 1968, dismissed the petition summarily and the appeal is by special leave of this court. this judgment will dispose of all of them.2. the several petitioners seek a writ of mandamus or any other appropriate writ or order or direction under article 32 of the constitution to restrain the government of india from ceding without the approval of parliament the areas in the rann of kutch known as kanjarkot, chhadbet, dharabanni, priol valo kun and two inlets on either side of tharparkar to pakistan as awarded to it hi the award, 19 february, 1968, of the indo-pakistan western bombay case tribunal. mr. i. n. shroff (c.a. no. 1528/68), mr. a. s. bobde (c.a. no. 1900/68) and mr. c. b. agarwal (w.p. no. 403/68) represented three such .....

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Feb 11 1969 (SC)

Sheik Abdul Rehman Vs. Jagat Ram Aryan

Court : Supreme Court of India

Decided on : Feb-11-1969

Reported in : AIR1969SC1111; (1969)1SCC667; [1969]3SCR597

1. this appeal is directed against a judgment of a single judge of the high court of jammu and kashmir dismissing an election petition for setting aside the election of the respondent jagat ram aryan to the legislative assembly of the state of jammu & kashmir from the bhaderwah scheduled caste assembly constituency.2. the last date for filing the nomination papers was january 20, 1967. the date of scrutiny of nomination papers was january 23, 1967. the date of poll was february 21, 1967. the date of counting and declaration of result was march 1, 1967. several candidates filed their nomination papers from this constituency. the candidates were : (1) jagat ram aryan, (2) faquir chand, (3) narain dass, (4) nikka ram, (5) bhagat ram, (6) om parkash and (7) swami raj. the first five filed their nomination papers on january 23, 1967 before the assistant returning officer, kahan singh, a tehsildar of bhaderwah. on scrutiny of the nomination papers, the returning officer abdul gani accepted as valid the nomination papers of jagat ram and faquir chand and rejected the nominations papers of the remaining candidates for various reasons. at the poll the contest was between jagat ram, the congress candidate and faquir chand, the national conference candidate. respondent jagat ram having secured larger number of votes was declared elected.3. the appellant, a voter in the constituency, filed the election petition for setting aside the respondent's election on the ground that the nomination .....

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Sep 25 1969 (SC)

Hardayal Gir Vs. Sohna Ram

Court : Supreme Court of India

Decided on : Sep-25-1969

Reported in : (1970)3SCC635; 1969()WLN51

c.a. vaidialingam, j.1. this appeal, by special leave, by the defendant, is directed against the judgment and decree of the high court of rajasthan, dated september 24, 1965, in second appeal no. 73 of 1964.2. the respondent plaintiff instituted civil original case no. 284 of 1961 out of which this appeal arises, for a declaration that he is the sole owner and is in possession of three-and-a-half murabbas of land measuring 84 bighas out of cultivable land of murabbas 10/23-15, 9/24-10, 6/25 and 5/23-5 of the total extent of 96 bighas 10 biswas at chak 9 b. b. tahshil padampur and also for a permanent injunction restraining the defendant from interfering with the proprietary possession of the land of the plaintiff and from transferring the land by way of sale, mortgage or in any other manner. the plaintiff's case, in brief, was as follows. the defendant, hardayal gir, is a displaced person and he has filed claims to the tune of more than rupees ten lakhs. the government had decided to dispose of by auction sale certain evacuee properties and the displaced persons were given the benefit of getting the amounts due on their claims adjusted towards the sale price of properties that may be purchased by them. but the purchasers were required to make an advance payment in cash of 1/10th of the sale price the moment the bid is knocked down in their favour. the suit properties were so put up for sale by auction on november 13, 1956 and the defendant was anxious to bid in the auction .....

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Mar 21 1969 (SC)

Mani Mani and ors. Vs. Mani Joshua

Court : Supreme Court of India

Decided on : Mar-21-1969

Reported in : AIR1969SC1311; (1969)1SCC828; [1970]1SCR71

a.n. grover, j.1. this is an appeal by special leave from a judgment of the kerala high court by which the suit instituted by the respondent for recovery of properties described in schedule a of the plaint and for mesne profits etc. was decreed in reversal of the decree of the trial court, dismissing the suit.2. uthupu mani who died in the year 1943 had three sons. the eldest son uduppu died sometime between 1929 and 1935. the second son joshua is the respondent herein, the appellants being the third son mani mani and mariamma their mother and the widow of uthupu. uthupu left some daughters also and appellant no. 3 mani achamma is one of the daughters. the controversy in the suit out of which the appeal has arisen was confined to a residential house in an area of 10 cents in kottayam town. this property along with several other properties originally belonged to uthupu who made certain settlements followed by wills. the first settlement was made in the year 1102 me corresponding to 1927 ad when uduppu was alive and mani mani was not born on october 9, 1935 by means of another registered document (exh. a) called udampady uthupu settled properties thus: those comprised in a schedule were given to mariamma, in b schedule to joshua and in c schedule to mani. the schedules contained the following properties : to mariamma (a schedule) building constructed as hall and the cart-shed on 2 cents. to joshua (b schedule) storied building and 30 cents garden land. to mani mani (c schedule) .....

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