Court : Allahabad
Decided on : Aug-28-1963
Reported in : AIR1965All72
..... of the learned additional tribunal judge of dehradun dated 20th august 1956 returning the application of the petitioner appellant filed under section 5 of the displaced persons (debts adjustment) act, 1951, act no. 70 of 1951, for presentation to the proper court.2. the appellant, mulak raj, claiming himself to be a displaced debtor within the meaning of displaced persons (debts adjustment ..... ) act 1951, hereinafter referred to as the act, filed an application under section 5 of the act in the court of the civil judge, dehradun ..... who was invested with the powers of the tribunal under section 4 of the act. the application ..... so. but we may mention that the considerations which might be applicable for interpreting the meaning of the word 'resides' in clause (a) of sub-section (1) of section 33 of the registration act which is a provision for the specific purpose of giving jurisdiction to a registrar for registering a particular document, may not mutatis mutand is apply for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-27-1963
Reported in : AIR1964SC11; 2SCR567
..... described as a counter-claim and treating thelatter as a cross-suit. if so much is conceded it would then become merely amatter of degree as to whether the counter-claim contains all the necessaryrequisites sufficient to be treated as a plaint making a claim for the reliefsought and ..... one jamnadasghelabhai were partners in a business commenced in october 1913 and carried onunder the name and style of bharat medical stores at broach, the two partnershaving equal shares. during the subsistence of the partnership and from and outof the assets thereof an immovable property - ..... had exercisedtheir discretion and without assigning any reasons of his own set aside theirjudgments and allowed the defendants the relief for which they prayed. (2) mr. desai further submitted that at the worst even if the prayer of thedefendants was allowed, having regard to the long interval between the ..... directing a counter-claimfiled by the respondents to be treated as a plaint in a cross-suit andremanding the case for trial on that basis. 2. the facts necessary to appreciate the points raised before us are brieflyas follows : the plaintiff, who is the appellant before us, and ..... the partnership actand expressed the opinion that in view of the provisions of that section theconversion prayed for should not be granted. he observed : 'defendants have been given special rights under s.37 of the indian partnership act. no issues have been framed in this suitregarding the matter covered by s .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-15-1963
..... whole operation was mala fide. a definite allegation is made that an ex-employee of the petitioner in collusion with the inspecting income-tax assistant commissioner (respondent no.3) put the whole income-tax machinery into action against the petitioner with an ulterior motive. moreover, sub-section (2) of section 37 of the income-tax act read with rule 2 of the rules shows that first ..... income-tax officer are judicial proceedings and all the incidents of such judicial proceedings have to be observed before the result is arrived at."an examination of sub-section (2) of section 37 of the act leaves the matter in no doubt whatsoever, that the powers conferred by this subsection on an income-tax officer specially authorised by the commissioner in that behalf, ..... the more onerous.the first submission of dr. pal, the learned counsel for the income-tax department, is that sub-section (1) and sub-section (2) of section 37 of the income-tax act do not lay down two alternative procedures but sub-section (2) only gives some additional powers to the income-tax authorities. in this connection he relies on the decisions in the following ..... own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds ;(d) that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest ;(e) that in order to sustain the presumption of constitutionality, the .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-12-1963
Reported in : AIR1964Guj174; (1964)0GLR678
..... that notwithstanding the execution and registration of a particular document purporting to be a sale deed, there is, in fact, no sale, in view of the definition of sale in section 54 of the t. p. act. the consideration can be fully paid or partly paid or partly promised or fully promised. the idea that there can he no sale unless the consideration ..... , the fact that the executant of the document was not in need of money are irrelevant under the evidence act. there is no section in the evidence act whereby such facts are relevant. section 11 of the evidence act has no application because section 11 requires high degree of probability or improbability. what the plaintiff has to prove is that there was no transfer of ownership of ..... properties and that it was properly valued for the purposes of court-fees under section 7(iv)(f) of the court-fees act, 1870'. 10. the next point urged is that the suit is barred by the provisions of order 2 rule 2 of the c. p. code. order 2 rule 2 reads as follows:-- '(1) every suit shall include the whole of the claim which ..... 8 persons for administration of the properties of the deceased mahmadalli ibrahimji who was the uncle of defendant nos. 1 to 5 (sic) and maternal uncle of defendant nos. 2 to 7. 2. the civil judge, j. d., balasinar, granted a decree for administration and appointed a commissioner to work out of the partition of the properties of the deceased amongst his .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-19-1963
Reported in : AIR1964Raj179
..... in india in the matter of granting injunction the rules for the guidance of the courts are to be found in chapter x of the specific relief act (sections 54, 55 and 56). the exercise of the court's jurisdiction to grant relief by injunction must, it is plain, in dispute between the partners ..... expect, and that such impossibility has not been caused by the person seeking to take advantageof it.' same is the law under the indian partnership act (see section 44 clauses (c,d,f and g). therefore, the proper remedy for the plaintiff in this situation was to sue for the dissolution of the ..... by the courts below that the defendants by their conduct had made the proper running of the business impossible. in re, yenidje tobacco co. ltd. 1916-2 ch 426 where there was a private limited company, disputes had arisen amongst the directors and they became so hostile that neither of them would speak to ..... themselves as to render the carrying on of the business impossible in a proper manner. no proper issues were framed on these points beyond issue no. 2, which was in general terms viz., 'whether the plaintiff is entitled to permanent injunction in terms of para 7 of the plaint.' the trial court ..... further by the decree, plaintiffs have been given possession of the cinema, house, its furniture and cinematograph etc. which was in possession of the receiver. 2. moolchand plaintiff filed the suit and the plaint has been drawn in a very disingeneou's manner. there is no reference in the plaint to the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-07-1963
Reported in : AIR1965MP42; (1965)IILLJ666MP
..... district judge tried to equate the connotation of this word in the civil procedure code with that in the payment of wages act as qualified by the express exclusions in section 2(vi)(e)(6) of that act. he reads that exclusion into the word used in section 60(1)(g) of the civil procedure code. on the other hand, it can be argued with equal plausibility that without ..... suits its purpose. but the most general one is 'reward or recompense or a payment to a person for services rendered.' this obviously does not imply any periodicity. the narrower definition is-'now especially the amount paid periodically for the labour or service of a workman or servant.'the crux of the controversy before us is that on the one hand ..... that the judgment-debtor is an unskilled labourer; so it is unnecessary to say anything more on that point. in all the courts it was thought helpful to examine the definition of the word 'wages' in different enactment; but this is not free from confusion because, in several of them the word has been used in a sense more or less ..... is wages for the purpose of exemption from attachment.3. actually, the inclusion or exclusion of such payments as bonus and gratuity in the definitions in different enactments is not quite uniform, for example, in the minimum wages act the exclusion is of gratuity payable on discharge, the discharge not being quite equivalent to 'the termination of employment' in the particular cases .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-16-1963
Reported in : AIR1963MP256; 2009AIRSCW2786.
..... , its situation, location, compensation or price to be paid, are to be mentioned in the scheme, then clearly they cannot be stated in the scheme unless and until it is definitely known which land will be available to the board by acquisition, purchase, exchange or otherwise, and the price which the board will have to pay for the land.6. the ..... -operative housing society to construct houses is an acquisition for a public purpose. that apart, under section 3(f) of the act as amended in our state, the expression 'public purpose' includes the provision of land for residential purposes. it cannot therefore be contended with any degree of force that the acquisition of land for the respondent-board for the purpose of constructing ..... land belonging to them for a housing scheme of respondent no. 3, the mahakoshal housing board.2. the material facts are these: on 18th july, 1958, a notification was issued by government under section 4(1) of the land acquisition act, 1894 (hereinafter referred to as the act) and published in the m. p. gazette of sth august, 1958. it stated that land, area ..... works in any area for the framing and execution of such housing scheme as it may consider necessary. section 15 (2) lays 3own what the board may do for expediting and cheapening construction of buildings. it is plain that there is nothing in section 15 making the framing of a scheme a condition precedent to the acquisition of the land needed by the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-26-1963
Reported in : 33CompCas1057(SC); 4SCR99
..... five years, and it may be presumed that this clause was also intended to apply to natural persons. similarly by the definition contained in section 2(f) of the citizenship act, 1955, the act is made applicable only to natural persons. but the assumption that there were in india prior to january 26, 1950, no ..... company's organs, its directors, managers, secretary and so forth, functioning within the scope of their authority are regarded as the company's acts ....'  2 a.c. 307. 72. the operatives are regarded as the 'brain' of the corporation and where the brain functions the corporation is ..... in war. this view was revised in the first world war. in daimler co. ltd. v. continental tyre and rubber co. (great britain ltd. 2 a.c. 307, all the shares of the respondent company (except one) were held by a german company and all directors were germans though the company ..... established law in the united states but farnsworth (the residence and domicile of corporations p. 311) supports dr. schuster (the nationality of trading corporations 2 grotius society (1916) at p. 195) in the view that lord parker's statement was inaccurate. farnsworth has also quoted from garner's international law in the ..... legal entity, the company, can be so completely identified with its share-holders, or the majority of them, as to make their nationality its nationality.'  2 a.c. 307. 77. we have only two laws on the subject of citizenship and none on the subject of the nationality of corporations. 78. .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-06-1963
Reported in : (1963)IILLJ694Kant
..... its meaning in order that no inroads, or as few as possible, may be made in the system of common law rules, but only for its definition we are to drew from that great fountain, and that in judging what it means, we are to keep in mind that it is not the ..... by the statute creating it, was more fully stated in the king against the board of appeal under s. 50 of the 'commonwealth public service act, 1902-1915' [(1916) 2 com. l.r. 183]. the question which the high court of australia had to consider in that case whether is an appeal by an officer ..... charge is pressed by a prosecuting inspector experienced in the conduct of prosecution before a criminal court or by a police inspector who normally has some degree of familiarity with that technique, it would be futile for the impeached civil servant to seek the disciplinary authority's permission to engage another police or ..... committee to hear the agent. pollock, b., thought that the assessment committee could not decline to hear the agent appointed by the householder and said : 'section 19 of 25 and 26 vict. c. 103 does not provide that they are to hear the objector, but that they are to hear the objection. it ..... for his illness only from another engineer or on a member of the medical profession getting his engineering difficulties solved only by another member of the medical profession. the consequence in each case would be equally unfortunate. 46. now, if art. 311(2) throws a cloak of protection round the civil servant, the opportunity for .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-05-1963
Reported in : AIR1964Kant159; AIR1964Mys159; (1963)2MysLJ383
..... before they can recommend him for appointment to the post in question. indeed, no purpose will be served by the provision of, section 26 (2) for selecting two specialists to act as members of the board of appointments if all that has to be done in the matter of selection is to see whether the ..... produced. the counsel for the university has also placed before us a set of rules made in exercise of the powers conferred by section 26(i) of the act. sub-rule 2 of rule i thereof states that the said rules will come into force on the date of their publication in the mysore gazette. ..... have had at least ten years experience of working in a reputed centre or centres of advanced study and research in physics after taking their master's degree. candidates for the readerships should have similar qualifications as those stated above, except that five years experience instead of ten years would be acceptable. the professor ..... of the writ of quo warranto and the history of its development in england are found discussed in the leading case of the king v. speyer, (1916) i kb 593. lord reading, c. j., points out that originally a writ of quo warranto was available only for use by the king against encroachment ..... of straw acting at the instance of others or on ulterior motives. the writ, as already stated, is purely discretionary with the court and will not issue unless the court is satisfied that it is necessary to issue the writ in public interest.12. the principles stated in the case of 1916-i kb .....Tag this Judgment!