Court : Punjab and Haryana
Decided on : Apr-01-1992
Reported in : (1992)102PLR415
n.k. kapoor, j.1. this is defendant's appeal against the judgments and decrees of the courts below whereby suit filed by the plaintiff has been decreed.2. briefly put, one jiwan dass son of shiv dayal of village nagar had 1/4th share in the laud measuring 2 bighas 5 biswas comprised in khasra no. 379 situated within the area of village garni sari nam dar khan tehsil gohana. said jiwan dass mortgaged his share vide mortgage deed dated 11-9-1911 in favour of parmeshwari dass son of ram parsad. mutation no. 26 dated 10-6 1913 was also entered regarding this mortgage. the plaintiff has alleged that he is the adopted son of parmeshwari dass, the mortgagee, whereas the defendant is the successor-in-interest of jiwan dass, the mortgagor. the plaintiff has averred that in lieu of khasra no. 379, land measuring 10 kanals 3 marlas was allotted during consolidation of holdings which is now comprised in khewat no. 10, khata no. 10, rectangle and killas nos. 4 /15/2 (5 kanals 6 marlas) and 16 (4 kanals 17 marlas). it has been stated by the plaintiff that the said mortgage was with possession with parmeshwari dass and that he has been in joint possession of the said land from the date of mortgage. he further stated in the plaint that because a period of more than 60 years. has elapsed and the mortgage was not redeemed by the mortgagor or his successors-in-interest, therefore, he (plaintiff) has become the owner of the suit property by afflux of time. as the defendant refused to admit him .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-22-1992
Reported in : AIR1992SC1239; JT1992(3)SC174; 1992(1)SCALE868; 1992Supp(2)SCC250; 2SCR670; 1992(2)LC555(SC)
orders.c. agrawal, j.1. this appeal by special leave is directed against the judgment of the high court of madhya pradesh dated october 6, 1980 in m.p. no. 12/73 arising out of proceedings initiated by shiv ram, respondent no. 1 herein, against malkhan under section 248(1) of the madhya pradesh land revenue code, 1959 (hereinafter referred to as 'the code'), for his ejectment from 19 bighas 8 biswas of land in village juara, district morena, madhya pradesh, on the ground that he was in unauthorised possession of the said land. 2. in village juara, district morena, falling in the former gwalior state, there is a temple of shri ram janakiji. 78 bighas 17 biswas of agricultural land had been given, by way of maufi, for the temple by the ruler of the former gwalior state. vasudev rao, father of respondent no. 1, was the pujari of the said temple and he was described as the maufidar in the revenue records. the said maufi grant was revoked and the maufi land was handed over to the department of aukaf as government property vide circular dated august 13, 1934 of the government of gwalior state. by order of the commissioner (maufi & aukaf), government of gwalior state, dated december 10,1935, mutation was made of the said agricultural land as government property and its management was handed over to the pujari, vasudev rao for the purpose of management through parwana issued is his favour. on the death of vasudev rao, the name of respondent no. 1 was mutated in the place of vasudev .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-25-1992
Reported in : 1992(3)SCALE233; (1993)1SCC325; Supp3SCR246
..... in pursuance of an order or direction of a court of competent jurisdiction. it is used in contrast to separate living by agreement of parties or at the intervention of mediators without the intervention of a judicial proceeding in a competent court of law.10. that leaves us to the question whether the consent recorded by the nyaya panchayat would be .....Tag this Judgment!
Court : Delhi
Decided on : May-28-1992
Reported in : ILR1993Delhi138
order1. this revision petition under s. 25b of the delhi rent control act (hereinafter referred to as the 'act') has been filed by the tenant-petitioner against the order dated 16-7-1991 passed by smt. sunita gupta, additional rent controller, delhi whereby she has allowed the eviction petition of the respondent-landlord under s. 14 of the act for bona fide requirement and consequently an order of eviction in respect of kothi no. 5, sri ram road, delhi has been passed.2. the relevant fads as stated in the petition are that the respondent-landlord was the owner of the premises in his capacity as the karta of the joint hindu family known as rajan chand khanna & sons comprising of the respondent-landlord himself, his wife and two sons. the premises kholi no. 5, sri ram road, civil lines, delhi were let out to the tenant on a monthly rent of rs. 198/- p.m. besides rs. 26.78 as house tax and rs.2/-p.m. as sweeper charges for residential purposes and has been used as such since the inception of the tenancy. the premises were let out in july, 1951 and no rent note was executed.3. the respondent-landlord had been working with cpa consultancy services private limited, 11/ 1-a, sarojini naidu sarani, calcutta, under a contract for a period of five years at that time, which was to expire on 30th june, 1981. at the time of institution of the eviction petition, the petitioner had been residing in calcutta, but the climate of calcutta being humid did not suit the eldest son, rajesh khanna, .....Tag this Judgment!
Court : Delhi
Decided on : May-28-1992
Reported in : AIR1993Delhi1; 48(1992)DLT75; 1992(24)DRJ327; 1992RLR347
p.n. nag, j. (1) this revision petition under section 25-b(8) of the delhi rent control act (hereinafter referred to as the 'act') has been filed by the tenant-petitioner against the order dated 16.7.1991 passed by smt. sunita gupta, additional rent controller, delhi whereby she has allowed the eviction petition of the respondent-landlord under section 14(l)(e) of the act for bonafide requirement and consequently an order of eviction in respect of kothi no. 5, sri ram road, delhi has been passed. (2) the relevant facts as stated in the petition are the respondent-landlord was the owner of the premises in his capacity as the karta of the joint hindu family known as rajan chand khanna & sons comprising of the respondent-landlord himself, his wife and two sons. the premises kothi no. 5, sri ram road, civil lines, delhi were let out to the tenant on a monthly rent of rs. 198.00 p.m. besides rs. 26.78 as house tax and rs. 2.00 p.m. as sweeper charges for residential purposes and has been used as such since the inception of the tenancy. the premises were let out in july, 1951 and no rent note was executed. (3) the respondent-landlord had been working with c.p.a. consultancy services private limited, 11/1-a, sarojini naidu sarani, calcutta, under a contract for a period of five years at that time, which was to expire on 30th june 1981. at the time of institution of the eviction petition, the petitioner had been residing in calcutta, but the climate of calcutta being humid did not .....Tag this Judgment!
Court : Kerala
Decided on : Jun-05-1992
Reported in : 76CompCas380(Ker); 1992CriLJ3080
..... the complainant and to make unlawful enrichment to himself, the accused caused the issuance of a lawyer's notice on september 25, 1989, alleging incorrect acts. by the intervention of mediators, the accused agreed to remit a sufficient amounts in the bank so as to honour the cheque. the complainant agreed to forgo interest on the amount. contrary to this agreement .....Tag this Judgment!
Court : Kerala
Decided on : Jun-25-1992
Reported in : (1993)ILLJ401Ker
..... officer to investigate the dispute without delay with the object of bringing about a settlement. the duty and function of the conciliation officer is, as his very name indicates, to mediate between the parties and to make an effort to settle the dispute. this court, while hearing a petition for mandamus, is not sitting in appeal over the decision of the .....Tag this Judgment!
Court : Gujarat
Decided on : May-04-1992
Reported in : (1993)2GLR1100
..... is here to serve. to serve what? toserve, insofar as law can properly do so, within limits that i have already stressed, the realisation of man's ends, ultimate and mediate...law cannot stand aside from the social changes around it.it is possible that in the last century the prevalent concept of family was of a certain pattern. indeed in .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Madras
Decided on : Jun-15-1992
Reported in : (1992)42ITD415(Mad.)
1. these three departmental appeals and the cross-objection by the assessee were heard together and are disposed of by a common order.2. the assessee is a co-operative society. it is engaged in the business of printingbooks, registers and forms, which are used by municipalities and town panchayats. at the time of the hearing the assessee had produced before us a compilation containing the price lists (as on 1-6-1991) of the books, registers and forms printed by it as well as model printed forms. from the above compilation it is clear that the assessee was printing- - books, such as service books, bill books, measurement books, order books, cash books and the like; - registers, such as revision petition registers, registers of appeals, professional tax demand registers, water meter reading registers, mutation registers and the like; - licence books, such as vehicle licence books licence for elephants, camel, asses, dogs and the like; and - forms, such as property tax assessment list, establishment bills, forms for ta bills, bills for contingent charges, dcb statement, annual account, budget estimate etc.obviously the policy of the state government in this regard was that municipalities, town panchayats and such like establishments must place their indents for books, registers and forms on the assessee-society.the price lists referred to above, besides indicating the rates at which the various items could be obtained, indicate the packing and forwarding charges, sales-tax and .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jul-14-1992
Reported in : (1993)46ITD230(Mum.)
1. this appeal by the assessee is directed against the order of the cit(a)-xv, bombay and relates to the assessment year 1981-82.2. the solitary ground taken in this appeal projects the following grievance: on the facts and in the circumstances of the case the cit (a) erred in confirming the addition of rs. 2,07,000 made by the ito by way of long-term capital gains. the cit (a) erred in not accepting the appellant's claim for exemption under secton 54 of the act. the cit (a) should have held that the appellant was not liable for any payment or long-term capital gain after giving exemption to the appellant under secton 54 of the act.3. the assessee is an individual. her accounting year corresponding to the relevant assessment year ended on 30-4-1980. on 30-1-1980, the assessee entered into an agreement to sell 3/4th share of property situated at bharatiya friends housing co-op. society for a consideration of rs. 2,62,500. the capital gains arising out of the sale of the said property claimed to be exempt under secton 54 of the income-tax act, 1961 (hereinafter called the act). the assessee stated to have acquired another flat during the year. this flat bearing no.132 in maker towers was occupied on 10-12-1979. the agreement for purchase of this flat was entered into on 12-3-1974. the purchase consideration was paid under the instalment scheme agreed upon with the builder. all the instalments were paid before occupation of the flat in december 1979.4. the assessing officer .....Tag this Judgment!