Court : Karnataka
Decided on : Feb-27-1986
Reported in : ILR1986KAR1529
..... to agrarian relations, conferment of ownership on tenants, ceiling on land holdings and for certain other matters appearing in the act. it is relevant to notice the scheme of the act for conferment of ownership on tenants.11. section 2 is the definition section. sub-section (18) defines 'land' means agricultural land that is to say, land which is used or capable of being used ..... has been cultivating personally, is entitled to be registered as an occupant. it necessarily follows that 'land' means land as defined in section 2(18) and the 'tenant' means tenant within the meaning of section 2(34) of the act. thus it is obvious that a person seeking registration of occupancy right must establish that the land in respect of which occupancy right ..... for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pasture land, plantation and tope but does not include house site, or land used exclusively for non agricultural purposes. sub-section ( ..... the rules, once the application in form-7 is received by the tribunal under section 48a of the act and the application in question is verified by the tahsildar as provided under rule 19, the next step the tribunal shall follow is as provided under sub-section (2) publishing or causing to be published a public notice as well as issuance of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-07-1986
Reported in : (1987)63CTR(AP)148; 168ITR17(AP)
..... possession is taken consequent upon the passing of the award, or (b) when possession is taken consequent upon the direction made under section 17(1) of the act, or (c) where possession is taken as contemplated under sub-section (2) of section 17. mere taking of possession by itself does not being about vesting. however, where possession is taken either before the initiation of the ..... prior to the passing of the award. in the present case, it is admitted, possession was not taken either under sub-section (1) or sub-section (2) of section 17. nor was possession taken following the passing of award. it was a voluntary act on the part of the assessee; possession was given and taken with the mutual consent of both the parties before the ..... acquisition proceedings otherwise than by invoking sub-section (1) or sub-section (2) of section 17, and later and award is passed, the vesting of the ..... when does the property pass - to wit, when does the property vest in the state. there are two provisions in the land acquisition act (hereinafter referred to as 'the act'), which are relevant on this aspect. they are section 16 and sub-section (1) and (2) of section 17. they read as follows : '16. power to take possession. - when the collector has made an award under .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-25-1986
Reported in : 189ITR31(AP)
..... in official assignee v. haradagiri basavanna gowd, : air1963sc754 , it has been observed that once the property vested, it cannot be divested. section 28(2) of the provincial insolvency act makes it very clear that, on the making of an order of adjudication, the whole of the property of the insolvent shall vest in the ..... granting permission. nothing prevented the tax recovery officer from filing an application before september 8, 1977, for permitting him to sell the same. then, definitely, some order would have been passed, but the tax recovery officer has chosen to remain silent till the auction was completed and it is only after ..... land and with regard to the encumbrances, whether legal or illegal, must be brought to the notice of the court. if the lease is illegal, definitely the successful bidder can file an application for setting aide the lease on the ground of fraud or misrepresentation, etc. but it is not a ..... there will be some litigation in the case of the properties being sold by the official receiver in insolvency proceedings, it is for that reason, definitely a low price can be expected but a reasonable price or the market price which was prevailing, cannot be expected. if we view the background ..... , it is shown that the property was worth more than one lakh rupees. if the property was in the possession of a solvent person, definitely the price will be more. when the insolvent was subjected to heavy income-tax and this was known to many people and when the insolvent .....Tag this Judgment!
Court : Chennai
Decided on : Apr-23-1986
Reported in : AIR1987Mad60
..... any of the disqualifications mentioned in s. 16 of the representation of the people act, 1950.'reading the definition of 'elector' in s. 2(e) of the act with the provisions of s. 5(c) of the act along with the provisions of art. 173(c) of the constitution, it is ..... not possible to complete the counting of the votes in the constituency and a declaration of the result could not be made with any degree of uncertainity (certainty). the appellant who was a candidate. challenged the notification made by the election commission in the exercise of its powers ..... art. 193 contemplates the possession of thequalifications prescribed under art. 173(c) of the constitution. section 5 of the act has the marginal heading 'qualifications for membership of legislative assembly.' section 6 of the act refers to qualifications for membership of a legislative council. article 193 therefore clearly contemplates (a) case ..... his election to the legislative assembly by filing an election petition under s. 80 of the representation of the people act, 1951 (hereinafter referred to as the act).2. general elections to the legislative assembly in tamil nadu took place in december, 1984. the respondent i filed his ..... provisions of art. 329(b) of the constitution, it is necessary for us to refer to the 'relevant provisions of the constitution and the act. art. 173 prescribes qualification for membership of the state legislature. this article reads as follows :'173. qualification for membership of the state legislature: .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-06-1986
Reported in : AIR1987P& H126
..... judge, kapurthala who had no jurisdiction to try the petition. the petition was subsequently withdrawn to this court vide order dt. 22nd feb. 1979. sub-section (2) of s. 24 of the civil-p.c. provides that where any suit or proceeding has been withdrawn the court may retry or proceed from the ..... by which the testator gives to one or move persons, the whole of the property which he leaves at his decease. it emerges from the definition that a universal legatee is a person to whom the testator bequeathes whole of his property. through the present will the testatrix bequeathed whole of her ..... . such any application is made under s. 218. the form of the application is prescribed in s. 278. thus there are two sets of sections, one set governs an application for probate/letters of administration based on a will and the other set an application for letters of administration of the ..... 232 such an application can be filed by a universal or a residuary legatee. the form of the application is prescribed in s. 276. the said section is also applicable in the case of an application for probate. universal legatee, as already mentioned above, is a person to whom the testator bequeathes whole ..... on l5th aug. 1956. jagan nath paul refused to act as executor on account of his age. consequently a petition has been filed by the state through the chief medical officer, kapurthala for grant of letters of administration on the basis of the will.2. the petition has been contested by vishwajit singh respondent no .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-04-1986
Reported in : AIR1987Cal157,68CompCas272(Cal)
..... court was more concerned with the exercise of the discretion by the learned judge in refusing to stay the suit under section 68(2) of the said act but the court impliedly accepted the contention that section 68(1)(a) had no application on the facts of that case. the court observed in paragraph 16 (at ..... the negligence of the bank itself. because of the negligence of the bank which resulted in the loss of property it was held that section 141 of the contract act came into operation. these are not the facts in the instant case before us. there is no such allegation that security has been ..... was lost on account of the negligence of the bank. on the aforesaid facts the supreme court held that in the circumstance aforesaid section 141 of the contract act 1872 would be attracted. supreme court held that even if the surety of personal guarantee is not aware of any other security offered ..... that condition was fulfilled. neither the principal debtor nor the surety discharged the admitted liability of the principal debtor in spile of demands. under section 128 of the contract act, save as provided in the contract, the liability of the surety is coextensive with that of the principal debtor. the surety became thus ..... interest, but the nature and terms of the security may negative any personal liability on the part of the borrower; ram narayan singh v. adhindra nath air 1916 pc 119' . 'and as held in the case of benoy krishna deb v. debendra kishore nandy (1911) 9 ind cas 660 (cal) a stipulation .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-21-1986
Reported in : (1986)(9)ECC35
..... site of the customers would not amount to a manufacture. hence even assuming that the respondents are manufacturers since the goods are not manufactured in a factory under section 2(m) of the factories act or cleared from a factory, the provisions of the central excise rules could not apply.24. the third question that remains to be considered is whether the ..... to medical college and hospital cannot be separated from the main institution. employees are not workers and the laundry is not a factory."(tribunal), (maharashtra agro industries development corporation ltd., v. collector of central excise, bombay)- "the workers employed in the construction of a new unit of an existing factory are not employees as defined in section 2(2) of the employees state insurance act ..... circumstances of the case." 1985 (20) elt 280 (delhi) (metal forgings p. ltd. and anr. v. union of india and ors.) "now once an article comes into existence with the definite identity, the process of manufacture is complete and it is exigible to duty." factory: air 1956 (43) bombay 219, (state v. ardeshir hormusji bhiwandiwala) "the expression 'premises including precincts' merely ..... by hand in the sense that nobody can create matter by hand, it is the transformation of a matter into something else and that something else is a question of degree, whether that something else is a different commercial commodity having its distinct character, use and name and commercially known as such from that point of view is a question .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : May-23-1986
Reported in : 1988CriLJ438
..... (supra), it will amount to contempt of civil nature and not of criminal one although the writ petition has been registered as criminal one.24. in the contempt of courts act, 1971, section 2 defines 'contempt of court' as meaning 'civil contempt' or 'criminal contempt'. then the 'civil contempt' has been defined as meaning 'wilful disobedience to any judgment or decree or ..... directions, order, writ or other process of court or wilful breach of an undertaking given to a court'. 'criminal contempt' according to the definition means the publication whether by words, spoken or ..... cri lj 397. in that case philip john while undergoing sentence of imprisonment in the model central jail nahan was brought to the sub jail at kaithu (shimla), for undergoing medical treatment at the showdon hospital shimla, on april 9, 1984 while he was being taken from the sub jail kaithu to sriowdon hospital in the custody of the police constables ..... written, or by signs, or by visual representations, or otherwise of any matter or the doing of any other act whatsoever which;i) scandalises or tends to lower the authority of, any court; orii) prejudices, or .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jun-30-1986
Reported in : (1986)(9)ECC157
..... ) in relation to the "value" of the article".(tribunal) (collector of central excise, calcutta v. kanoria jute mills, calcutta) the tribunal considered the import of packing qua the definition of manufacture in - section 2(f).it was held that the goods were treated as fully manufactured for the purpose of accounting in the statutory records only if the goods have been put in ..... the normal minimum packing without which they cannot be delivered to the market. the contention that section 2(f) recognised packing as a process of manufacture only in respect of specified goods is repelled. in 1986 (24) e.l.t. 135 (tribunal) (collector of central excise, bhubaneswary. orient ..... the sale of the manufactured product either in retail or wholesale. packing has to be taken into consideration for the purpose of the provisions of the central excises act including section 2(f)of the act. this is apparent from the decision of the supreme court in 1983 e.l.t 1896 (s.c.) (union of india and ors. etc. etc. v. bombay tyre ..... judgement is as follows: "we have also been referred to s.2(f) of the act which defines the expression "manufacture" and it is urged that the degree of packing to be considered for the purpose of including its cost in the "value" of an excisable article should be spelled out from that definition. we are unable to accept the suggestion. the expression "manufacture .....Tag this Judgment!
Court : Kolkata
Decided on : May-02-1986
Reported in : AIR1987Cal248
..... against other interested members.30. sub-section (4) of section 44 of the west bengal estates acquisition act, 19-53 postulates that every entry in the record of rights finally published under sub-section (2), including an entry revised under sub-section (2a), made under section 42a or corrected under section 45a shall, subject to any modification ..... conferred the finality and suits in respect of such disputes shall either be not maintainable or in cases of pending proceedings those shall abate. sub-section (2)(a) makes a similar provision in respect of any suit if it relates to alteration of any entry made in the record of rights finally ..... on merits. to this, mr. roy chowdhury pointed out that as would appear from the pleadings, that the parties went to the trial with the definite knowledge of each others case so there would not be any occasion for a remand as claimed by mr. banerjee and that too in the facts ..... styled then the suit will not be barred and the civil court will have jurisdiction to proceed with the suit in spite of section 57b(2) of the act. the legislature has powers to take away the jurisdiction of civil courts in respect of any matter coming within the mischief of ..... and exclusion and ouster following thereon forthe statutory period. there can be no question of ouster, if there is participation in the profits to any degree. it should be remembered thatin the connected suit before the concerned appeal before the supreme court, the suit was one for partition and the facts .....Tag this Judgment!