Court : Chennai
Decided on : Jul-06-1972
Reported in : AIR1973Mad262; (1973)1MLJ55
..... for finding out the date of commencement of possession the invalid document could be relied on.4. in this case, ex. b-19 is dated 1-4-1955 and it has been signed by the power of attorney agent of the lessor. the defendants are therefore clearly entitled to rely on this date in support of their contention. as already stated, there was ..... dated 27-10-1964 in which they specifically stated that the tenancy commenced before 12-9-1955, when the madras city tenants protection (amendment) act 1955 came into force, and that, therefore, they are entitled for protection under the amended act. in spite of this specific case of the defendants the plaintiffs in the plaint did not state as to when the tenancy commenced ..... 12-9-1955, on which date the madras city tenants protection (amendment) act came into force as contended by the defendants or whether the tenancy was created only on and from 1-4-1956 as contended by the plaintiffs.2. the defendants apart from their oral evidence relied on ex. b, 19 dated ..... was terminated by notice dated 20-10-1964. the defendants pleaded that the tenancy was from 1-4-1955, prior to the coming into force of the madras city tenants protection (amendment) act, 1955, and that, therefore, they were entitled to the protection under section 9 of the act. the only question therefore before the courts below was whether the tenancy commenced prior to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-05-1972
Reported in : AIR1972SC963; 1972CriLJ597; (1972)1SCC536; 2SCR1014
..... the second time. on october 31, 1962, karan singh was elected sadar-i-riyasat for the third time. on april 10, 1965 jammu and kashmir constitution (sixth amendment) act, 1965 received the assent of the sadar-i-riyasat. on november 24, 1965, the president, in exercise of the powers conferred by clause (1) of article 370 of the constitution, with the concurrence of the government of ..... constitution of jammu and kashmir (sixth amendment) act, 1965, which had received the assent of the sadar-i-riyasat, validly amended the constitution of jammu & kashmir and validly provided for the appointment ..... exist and be the head of the state. he urged that the only possible way of getting rid of the sadar-i-riyasat would be the amendment of the constitution of india as applied to jammu and kashmir.8. the learned attorney-general, who appeared on behalf of the government of india, and mr. chagla, who appeared for the state, contended that the ..... acting on the advice of his council of ministers.21. the main point of dispute between the parties is the position and importance of the explanation in article 370 of the constitution.22. according to the attorney-general this is a mere definition inserted for the purpose of the article in accordance with the constitutional conditions prevailing at that time. according to .....Tag this Judgment!
Court : Rajasthan
Decided on : Dec-07-1972
Reported in : 1972WLN964
..... void and unconstitutional; that the notification dated 2-11-1965 be declared had being not in confirmity with the amended section 5 of the act and section 7(2a) be declared beyond the legislative power of the rajasthan state legislature being violative of the provisions of the constitution of india.3. the state by ..... notification of 2-3-1963 (annexure iii) thus could not be deemed to have been made under the amended provisions and the notification of nov. 5, 1965 (annexure i) was clearly unauthorised because under the amended section 5 tax at different rates could not be issued. his further submission was that the proviso of ..... the sale or purchase of goods other than newspapers, subject to the provisions of entry 92-a of list i.the words of this entry designate the centre and not the circumference of the power, in the language of their lordships of the madras high court in ram raj tobacco trading co. v. ..... an amount equal to 10% of such purchase price.explanation.- subject to such conditions and restrictions, if any, as may be prescribed in this behalf:(i) the amount for which goods are sold or supplied shall, in relation to a contract, be deemed to be the amount payable to the dealer ..... taxing acts in attorney-general v. carlton bank (1899) 2 q.b. 158 (164) lord russell said:i see no reason why any special canons of construction should be applied to any act of parliament, and i know of no authority for saying that a taxing act is to be construed differently from any other act, the .....Tag this Judgment!
Court : Kerala
Decided on : Oct-27-1972
Reported in : AIR1973Ker132
..... did not arise. the land tribunal, for its conclusion, placed reliance on clause (vi) of sub-section (1) of section 3 of act 1 of 1964 as amended by act 35 of 1969, which reads as follows:--'3. exemptions.-- (1) nothing in this chapter shall apply to- ..... (vi) tenancies in respect of land or of buildings or ..... of this position inasmuch as this revision could be disposed of on other grounds with which i am dealing presently.5. clause (vi) of sub-section (1) of section 3 of the parent act has been amended by act 35 of 1969 substituting the proviso thereto in order to make the provisions of chapter ii ..... in the instant case, is in the nature of a right in that behalf derived under a power of attorney given to her on behalf of the other persons interested in the property. clause (vi) of sub-section (1) of section 3, according to the learned counsel, relates only to a case where the document ..... fair rent could be proceeded with.7. it is then contended by thelearned counsel that inasmuch as the proviso to section 3 (1) (vi) as it originally stood before amendment by act 35 of 1969 did not contain provision for making the proviso applicable for the purpose of section 31 of the ..... that be so, nothing precluded the lessee under a person having life interest from applying for fixation of fair rent under section 31 of the act.6. the learned counsel appearing for the revision petitioner points out that the maintenance allottee who leased the property to the respondent herein died some time .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-13-1972
Reported in : AIR1973Kant127; AIR1973Mys127; (1973)1MysLJ143
..... advocate of the nagpur high court on behalf of smt. vidya verma. mr. mani had no power of attorney from the lady andwhen the office pointed out that he could not present a petition without producing the necessary authority he amended the petition and described himself as the next friend of the lady. when mr. mani appeared ..... any change in the matter of this practice which has been observed in the supreme court and in the various high courts. section 30 of the act on which reliance was placed by sri iyengar for the petitioner confers the right on every advocate whose name is entered in the common roll to ..... , the dress prescribed for men advocates is black coat, bands and gown. the argument of sri iyengar was that there is no provision under the act or the rules made thereunder that an advocate appearing before this court when he argues his own cause he should remove his gown and that in the ..... s robes on. the argument of sri iyengar was that whatever the practice might have been before ihe coming into force of the advocates act, 1961 (hereinafter called the act) the petitioner who is himself an advocate is entitled to argue from the bar his own cause with his advocate's robes on. the ..... in the common roll shall be entitled as of right to practise throughout the territories to which the act extends, in all courts including the supreme court.' sub-section (1) of section 34 of the act empowers the high court to make rules laying down the conditions subject to which an advocate shall be .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-09-1972
Reported in : AIR1972SC1311; 42CompCas512(SC); 85ITR607(SC); (1972)1SCC857; 3SCR711
..... suit on behalf of that company has to be filed with the consent of the directors. but the secretary of the company held a general power of attorney from the directors and the action taken by him was approved by the directors. hence there can be no valid objection to the maintainability of ..... of the assessment for the assessment year 1955-56 is concerned, turner morrison can have no claim against hungerford because under the amended section 23-a of the income-tax act, 1922, that liability was that of turner morrison itself. but it was urged on behalf of turner morrison that in view of ..... and english. it may, for the purposes of jurisdiction, be deemed to have two domiciles. its business is necessarily carried on by agents, and i do not know why its domicile should be considered to be confined to the place where the goods are manufactured.... there may be two domiciles and two ..... member of a company in the undistributed profits and gains of the company has been included in his total income under the provisions of sub-section 1 the tax payable in respect thereof shall be recoverable from the company, if it cannot be recovered from such member.14. clause (iii) reads ..... in specie amongst the contributories of hungerford (such contributories being the said john geoffrey turner and nigel frederick turner) and in consideration of the premises.1. the company and the said john geoffrey turner and nigel frederick turner hereby jointly and severally undertake to pay and/or satisfy all claims for or .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-19-1972
..... in part: "the exceptions specifically include the words 'to protect or effectuate its judgments,' for lack of which the supreme court held that the federal courts are without power to enjoin relitigation of cases and controversies fully adjudicated by such courts. ( see toucey v. new york life insurance co., . . . 314 u. s. ..... that federal courts of equity should not interfere with the enforcement of judgments at law rendered in the state courts. see taylor and willis, the power of federal courts to enjoin proceedings in state courts, 42 yale l.j. 1169, 1171, n. 14." "there is no record of ..... that the district court, in this case, was in error in holding that, because of the anti-injunction statute, it was absolutely without power in this 1983 action to enjoin a proceeding pending in a state court under any circumstances whatsoever. the judgment is reversed, and the case ..... u.s.c. 1983 is not within the "expressly authorized" exception of the anti-injunction statute, then a federal equity court is wholly without power to grant any relief in a 1983 suit seeking to stay a state court proceeding. in short, if a 1983 action is not an ..... attorney general edmund randolph reported to the house of representatives on desirable changes in the judiciary act of 1789. am.state papers, misc., vol. 1, no. 17, pp. 21-36. the most serious question raised by randolph concerned the arduousness of the circuit duties imposed on the supreme court justices. but the report also suggested a number of amendments .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-12-1972
Reported in : AIR1972All519
..... one year or reserving a yearly rent is compulsorily registrable. section 49 of the same act provides: 'no document required by section 17 or by any provision of the transfer of property act, 1882, to be registered shall....(a) affect any immovable property comprised therein, or(b) confer any power to adopt, or(c) be received as evidence of any transaction affecting such property ..... or conferring such power, ...... unless it has been registered.' under the registration act, therefore, an 'agreement to lease must have the same character ..... thereunder and whether additional duty @ rs. 2 as imposed by section 67-h of the u.p. town improvement act, 1919 (u.p. act viii of 1919) as amended by section 5(i) of the u.p. local self-government laws (amendment) act, 1966 (u.p. act xxix of 1966) on deeds of transfer of immovable property situated within the limits of ghaziabad vide u.p. government ..... , upon the proper construction of the agreement and the parol evidence together, the rent was a forehand rent payable in september. and the third is, whether the act of executing the warrant of attorney was an act of bankruptcy. 'now, with respect to the first question, the rule which is laid down in all the cases is that you must look at the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-26-1972
Reported in : AIR1973P& H400
..... that the transfer should be effected after getting an authority from him. he might well have entertained the notion that he would be called upon to send a special power of attorney. admittedly, no written authority in this case was either sent in favour of the property dealers or their employee shri ahuja. the respondent remained under the impression that ..... 7. the appellant filed that instant suit in the court of the learned senior subordinate judge, chandigarh, on the allegations that in instituting the criminal complaint against him the respondent acted maliciously and without any reasonable or proper cause. the appellant had to incur expenses to the tune of rs. 14,395/- for defending this criminal case. on account of ..... malicious prosecution or the forms of abusive process which have been referred to, the following conditions must be fulfilled:-- (1) the proceedings must have been instituted or, continued by the defendant; (2) he must have acted without reasonable cause; (3) he must have acted maliciously; (4) in certain classes of cases the proceedings must have been unsuccessful--that is to say, must ..... consideration money from the transferee named above. 3. that no profiteering is involved in this transaction. 4. that i have transferred my rights and titles in favour of the transferee subject to the provisions of the capital of punjab (development and regulation) act, 1952, and the rules thereunder. under the circumstances it is requested that the plot cited above may kindly .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1972
..... u. s. 479 (1960). a. today's majority apparently holds that mandel may be excluded and americans' first amendment rights restricted because the attorney general has given a "facially legitimate and bona fide reason" for refusing to waive mandel's visa ineligibility. i do not understand the source of this unusual standard. merely "legitimate" governmental interests cannot override constitutional rights. moreover, ..... exclude aliens or prescribe the conditions for their entry into this country, congress in 212(a)(28) of the act has delegated conditional exercise of this power to the executive branch. when, as in this case, the attorney general decides for a legitimate and bona fide reason not to waive the statutory exclusion of an alien, courts will not look ..... act of mar. 3, 1903, 32 stat. 1213. section 2 of that act made ineligible for admission "anarchists, or persons who believe in or advocate the ..... (1972). page 408 u. s. 761 until 1875, alien migration to the united states was unrestricted. the act of march 3, 1875, 18 stat. 477, barred convicts and prostitutes. seven years later, congress passed the first general immigration statute. act of aug. 3 1882, 22 stat. 214. other legislation followed. a general revision of the immigration laws was effected by the .....Tag this Judgment!