Court : Mumbai
Reported in : 2000(1)BomCR89
..... their second suit no. 2353 of 1979.32. before considering the aforesaid rival submissions, it is necessary to go through the provisions of (1) the bombay inferior village watans abolition act, 1958 (hereinafter referred to as 'watans abolition act, 1958'), (2) the bombay revenue jurisdiction act, 1876 (hereinafter referred to as the 'revenue jurisdiction act, 1876') and the bombay hereditary offices act, 1874 ..... of his being a watandar, consequent to his adoption by ramabai were two different questions coining respectively under the general civil law and the bombay inferior village watans abolition act, 1958 and the bombay revenue jurisdiction act, 1876, the judgment of the first civil suit no. 104 of 1953 could not operate as res judicata in civil suit ..... of any hereditary officer appointed or recognised under the bombay act no. iii of 1874 or any other law for the time being in force or any other village officer or servant.however, the said suit can only be entertained in the districts mentioned in second schedule. the second schedule mentions the district of ahmedabad, district of kaira, exclusive ..... of the panch mahals, the district of broach, surat, thane, colaba, ratnagiri and kanara (the suit land in the present petition or second .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1923All50; (1923)ILR45All7
..... cognizance of any dispute or matter in respect of which any such suit...might be brought.' turning to the fourth schedule, i find included in it serial no. 2, i.e., a suit under section 102 of the act 'for arrears of rent, or where rent is paid in kind, for money equivalent of such rent.' it ..... the case of lalji panday v. barhamdeo (1911) 16 c.w.n. 89 is exactly in point. there mookerjee and carnduff, jj., discuss the law at length. i reject the application with costs. ..... will give a summary of the plaint.paragraph 1 describes the plaintiff as the landlord, and the defendant as his occupancy tenant of the land in dispute. paragraph 2 states, that, the land was let to the defendant on the agreement (and according to a prevalent custom) that the tenant should cultivate the land and sow ..... such a suit lies in a civil court, i think, the present suit is excluded from the cognizance of the small cause court, in which it was filed, by article 8 of the second schedule to act xi of 1887. ..... were first introduced into the tenancy legislation of these provinces, by section 93(a) of act xii of 1881, apparently to give effect to the ruling of the full bench of this court in tajud-din khan v. ram parshad bhagat (1876) i.l.r., 1 all., 217. apart, however, from the broad question whether .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1957Cal399,1957CriLJ722,61CWN1009
..... the public streets is laid on the authority in which they vest. section 35 of act 14 of 1856, section 141 of act 6 of 1863, section 211 of act 4 of 1876, section 223 of act 2 of 1888, section 340 of act 3 of 1899 and rule 2 of schedule xvi of act 3 of 1923 empower the authority in question to permit the erection of verandahs so ..... when it is being carried on or has been completed in breach of any provision of the act, of any rules or bye-laws framed under it or of any direction or requisition lawfully given or made under the act, or under such rules or bye-laws. the second sub-clause and the third thus relate to the continuance or completion of a new building in ..... a new building begins without permission of the corporation, it is clearly in violation of the law. evidently then, the first clause deals with a class of cases where the commencement, the continuance or the completion of the erection of new buildings is illegal. the second clause of section 363 (1) deals with the alteration of or for addition to, any building ..... contravention of the law and therefore, to new building work which is clearly illegal. section 319 lays down that no new building shall be .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1933All321
..... 5 it shall be taken to be only rs. 5.bennet, j.18. in this reference the plaintiff argues that the article applicable is 62(c) (ii), stamp act. schedule 1, article 62(c), deals with 'the' transfer of any interest secured by a bond, mortgage-deed or policy of insurance.' the present case is ..... this article includes the, plural.17. the first column of the first schedule of the stamp act is headed as 'description of instrument,' and the second prescribes a duty with reference to the description thereof. the word 'instrument' is defined in section 2(14) to include 'every document by which any right or liability is ..... the entire point undecided simply because none of the views taken by the munsif and the chief inspector of stamps respectively appeals to me. article 62, schedule 1, stamp act, applies to the case of a 'transfer' (which includes a sale) of any interest secured by a bond. in such a case the ..... bond. i am, therefore, of opinion that there is something in the context which precludes the application of section 13,. general clauses act to article 62 clause (c), schedule 1, stamp act. if article 62 be ruled out, the question will be what is the proper duty payable on the deed of transfer in question ..... option of renewal of the lease is ancillary to it and forms part of the consideration for entering into the lease. in referred case no. 1 of 1876 (1876) 1 mad 133 on a reference by the board of revenue, it was held that a conveyance with the usual covenant for title, cannot be construed .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1914Bom238; (1914)16BOMLR746
..... by a court of small causes, no second appeal will lie. the question is whether it is cognizable by a court of small causes. we have been referred on the part of the appellant, to article 13 of schedule ii of the provincial small cause courts act ix of 1887 which excepts from the cognizance ..... property. now the sums payable by an inferior holder to a superior holder in the bombay presidency are in another act of the imperial legislature characterised as dues (see revenue jurisdiction act x of 1876, section 5, clause (c)). the moneys claimed, therefore, in this suit may appropriately be described as dues payable ..... to the plaintiff by reason of his interest in immoveable property held by the defendant, and therefore article 13 of the schedule of the small cause courts act applies, and ..... this was a suit not cognizable by a court of small causes. we, therefore, overrule the preliminary objection.2. the defendant does not contest the right of the plaintiff to payment ..... the defendant. the plaintiff is entitled to rs. 41-4-10 (rs. 39-6-8, the amount of his claim, plus rs. 1-14-2, the amount of costs incurred in the revenue court), with further interest upon rs. 41-4-10. we do not think that he is entitled to .....Tag this Judgment!
Court : Kolkata
Reported in : (1881)ILR6Cal549
..... to pay the revenue of tulsipore, and that he, the plaintiff, was, therefore, compelled to do so.2. the defence was, first, that, by article 99, schedule ii, act xv, 1877, the plaintiff's suit was wholly barred; second, that the plaintiff paid the revenue of tulsipore by arrangement, receiving a corresponding reduction of his rent. this last ..... to it in the last ground of appeal, it has not been mooted-before us. both the lower courts have held that article 132, and not article 99, schedule ii, applies on the authority of enayet hossein v. muddun moonee shahoon (14 b. l. r., 155; s.c., 22 w. r., 411) and deo nandan ..... regards the period of limitation, we are unable to distinguish the case from deo nandan ojha v. musst. dulhun bisnath kooer (sp. ap., no. 1913 of 1876, unreported); and we, therefore, concur in thinking that article 132 applies. we see no reason why the plaintiff should not recover interest on the money, nor do ..... ojha v. musst. didhun bisnath koer (sp. ap., no. 1913 of 1876, unreported). before us it is again urged, that article 99 applies, that article 132 does not, and that the plaintiff is not entitled to interest and to a declaration ..... money, neither under a decree nor as a joint proprietor of the estate. the plaintiff is undoubtedly entitled to recover the money under section 9, of act xi of 1859, and he might also, under that section, have retained his lien on the other mouzas of the estate till his money had been .....Tag this Judgment!
Court : Kolkata
Reported in : 34Ind.Cas.833
..... new lessor [kallinath chakravarti v. upendra chunder chowdhry 24 c. 212 : 1 c.w.n. 163]. as mellish, l. j., said in great western railway co. v. smith 2 (1876) 2 ch. d. 235 at p. 253 : 45 l.j. ch. 235 : 34 l. t. 267 : 24 w.r. 443), affirmed in smith v. great western railway ..... lease upon an involuntary sale was bad in law; secondly, that if the covenant was valid, the landlords were bound to follow the procedure prescribed in section 155, bengal tenancy act; thirdly, that the suit was barred by limitation under article 1 of schedule iii of the bengal tenancy act; fourthly, that a decree for ejectment cannot ..... had taken the steps provided; by the said section, defendant no. 1 could not be regarded as a trespasser.15. in my judgment, defendants nos. 2 and 3 had no interest which they could convey to defendant no. 1 which he must have ascertained on reference to the terms of the lease, and ..... 1898 possession, was given to defendant no. 1.10. on 20th march 1908 this suit was instituted.11. it is common ground that the defendants nos. 2 and 3 have given up possession of the land except the portion on which the dwelling-house stands, and this they now hold as tenants under the ..... defendant against the judgment of mr. justice chapman, who dismissed the appeal from the judgment of the subordinate judge, which affirmed the decree of the learned munsif.2. the suit was brought for a declaration of title with respect to certain lands and for, the ejectment of defendant no. 5.3. in the statement .....Tag this Judgment!
Court : Orissa
Reported in : AIR1979Ori196; 48(1979)CLT389
..... to make the award would denude the umpire of his jurisdiction to enter upon the reference and pass an award under rule 4 of the first schedule. therefore, when the board without demur participated in the proceedings before the umpire and took the chance of an award in its favour, it cannot ..... hon'ble high court and hon'ble high court not having granted extension of time to the parties, under section 28 (2) of the act, the award as passed is bad in law. this tantamounts to a legal misconduct on the part of the arbitrator.(iii) dispute regarding dissolution of the partnership is not ..... to the filing of the award.'xxx x xas we said, the umpire could have entered upon the reference under rule 4 oi the first schedule when the arbitrators failed to make the award within the extended time. neither the fact that the umpire wanted an order from the court to enter ..... public morals, then the whole agreement perishes and along with it the arbitration clause and therefore question of participation or non-participation, is immaterial. the second principle laid down as far back as in air 1920 pc 123 and consistently followed is that a defect in procedure as absence of notice under section ..... of the relevant facts will amount to such acquiescence.' (see 'russel on arbitration', 17th edn., p. 215)'.in chowdhri murtaza hossein v. mst. bibi bechunnissa, (1876) 3 ind app 209 (pc) at p. 220 the privy council said:'............ that he allowed the arbitrators to deal with the case as it stood before them .....Tag this Judgment!
Court : US Supreme Court
..... unwashed wool. the same distinction, for the purposes of the law, was made in the provisions of the tariff act then in force. by the terms of that act (rev.stat. title xxxiii, schedule l) foreign wools were divided into three classes -- the first clothing wools, the second combing wools, the third carpet wools and other similar wools. ..... be worth as much as washed wool -- a supposition which is inconsistent with the fact as admitted and with the evident meaning of the law. the language of the act of congress is too plain to admit of doubt. it declares that the duty upon a given quantity page 109 u. s. 142 of ..... case of washed wool to double the amount to which it would be subjected if imported unwashed. it is admitted in argument that the letter of the law justifies, if it does not require, this conclusion; but it is urged that the meaning of the statute requires the construction which would impose rates ..... same weight of washed wool would be twice that sum, or $1,627, it follows that the duty on the latter is to be double that which the law imposes upon the former, namely, twenty-two percent of $813.50, which is equal to $178.97, and not twenty-two percent on $1,627, equal ..... is prosecuted, the error alleged being that, upon the law of the case, the verdict and judgment should have been rendered for the plaintiff in error. the importation, which took place january 3, 1876, consisted of 3,294 pounds of washed wool of class 1, tariff schedule l, the dutiable appraised value of which in its .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : (1995)IILLJ1107AP
..... respondent in deducting amounts from the salaries of the petitioners herein on behalf of the third respondent herein for the alleged financing for purchase of consumer durable goods from the second respondent as illegal, arbitrary and without jurisdiction and consequently direct the first respondent to refund the amounts which were already deducted from the salaries of the petitioners and pass ..... the expression 'remuneration' in its ordinary connotation means reward, recompense, pay, wages or salary for the service rendered. their lordships relied on the decision in r. v. postmaster general (1876) 1 qbd 658 in which it was pointed out that the word 'remuneration' means a quid pro quo. it was also observed that if a man gives his services whatever ..... state. article 309 provides a distinct legislative field to the appropriate legislature for making laws in regard to conditions of service. this power is in addition to the power available to a legislature under entry - 70 of list 1, entry-41 of list-ii, of the 7th schedule to the constitution of india.18. 'conditions of service' is a term of ..... any jurisdiction in the matter and the appellants would have to approach the central administrative tribunal constituted under the administrative tribunals act, 1985.15. the learned counsel for the appellants has contended that the appellants had taken loan from the second respondent, which was their private affair, and therefore, the first respondent was not competent to make any deduction from the .....Tag this Judgment!