Court : Delhi
Decided on : Jan-13-1978
Reported in : AIR1979Delhi40; 14(1978)DLT95; 1978RLR552
..... the bank became irregular and he was aot able to square up his account, the appellant wanted to take legal action. padmanabhan thereupon executed a general power of attorney in favor of the appellant on september 1, 1970 authorising it to manage, supervise, sell, dispose of the entire mortgaged property and apply the sale proceeds towards the liquidation of the amount ..... . this sub-sec.tion reads as under :- 'saveas otherwise provided in sub-section (2), the provisions of the principal act as amended by this act, shall apply to every suit, proceeding, appeal or application, pending at the commencement of this act or instituted or filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which ..... by the landlords for possession of their property on forfeiture of the lease it was held that the provisions of the amending act would be attracted despite the fact the forfeiture had taken place in 1937 prior to the passing of the amending act. on appeal by the landlords the judgment was reversed. it was held :- 'in my judgment, the appeal succeeds, ..... enforcement by landlords of obligation to repair and similar obligations arising under leases. the amending act had a provision reading, 'this act applies to leases created, and to breaches occurring before or after the commencement of this act.' the question arose as to whether this provision of the amending act of 1939 had retrospective operation vis-a-vis rights which had crystalised under the .....Tag this Judgment!
Court : Chennai
Decided on : Oct-22-1978
Reported in : AIR1980Mad105
..... help the petitioner, for the plaint, in the main. would be the same even after the amendments are made. according to para 5 of the plaint, the general power of attorney given to the respondent on 22-1-1965 is to transact all the petitioner's business, sell the petitioner's petitioner's and receive ..... of court-fee and that the court-fee paid is in accordance with section 35 (1) of the court-fees act. orders were reserved by us on the question of court-fee.6. subsequently the petition for amendment of the plaint has been med without prejudice to the submissions already made on behalf of ..... importance. it is from this value that the value for jurisdiction must be determined as we have already indicated section 8 of the suits valuation act postulates that the plaintiff should first value his claim for the purpose of court-fee and it pro vides for the determination of the value for ..... determinable for computation of court .fees and that is natural enough. the computation of court-fees in suits falling under section 7(iv) of the act depends upon the valuation that the plaintiff makes in respect of his claim. once the plaintiff exercises his option and values his claim for the purpose ..... ( : air1938mad887 ). in narayana v. periappan ilr(1938)mad1031 (fb) the learned chief justice laid down at page 1039: 'in our opinion the scheme of the act in this respect is to allow a plaintiff to value his relief at the figure he chooses, but it does not allow him to change that valuation. he is allowed .....Tag this Judgment!
Court : Chennai
Decided on : Dec-22-1978
Reported in : (1979)2MLJ104
..... i.l.r. (1938) mad. 1031 extracted above, it is not open for the petitioner to have the amendments made in the plaint.19. the proposed amendments do not really help the petitioner, for the plaint, in the main, would be the same even after the amendments are made. according to paragraph 5 of the plaint, the general power of attorney ..... of court-fee and that the court-fee paid is in accordance with section 35 (1) of the court-fees act. orders were reserved by us on the question of court-fee.6. subsequently the petition for amendment of the plaint has been filed without prejudice to the submissions already made on behalf ..... importance. it is from this value that the value for jurisdiction must be determined....as we have already indicated section 8 of the suits valuation act postulates that the plaintiff should first value his claim for the purpose of court-fee and it provides for the determination of the value for ..... determinable for computation of court-fees and that is natural enough. the computation of court-fees in suits falling under section 7(iv) of the act depends upon the valuation that the plaintiff makes in respect of his claim. once the plaintiff exercises his option and values his claim for the purpose ..... has been filed against the finding of the learned subordinate judge on the issue relating to court-fee, under section 12(4) of the court-fees act, 1955, it is lawful for the court hearing the appeal, either of its own motion or on the application of any of the parties, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-01-1978
Reported in : AIR1978SC835; (1978)2SCC89; 1978(10)LC142(SC)
..... co owner landlords including all the minors as mentioned at the top of the notice. at the foot signatures were appended. sobhendra prasad roy choudury signed for self and constituted attorney of the other landlords mentioned in the top. on behalf of minor suspundra prosad roy choudhury his guardian and mother smt. lilawati devi ghoudhurani had signed the notice. it was ..... controller to set aside the order for ejectment in certain cases and to decide the matter afresh in the light of the amended law including the substantial amendment made in section 3 section 13 of the amending act runs as follows:13. provisions to apply to pending applications and ..... stood after serving a notice on the tenant-respondents to quit in accordance with section 4. the ground for eviction was as provided in section 3(iv) of the said act. the application was allowed by the munsif but was dismissed on appeal by the tenants by the subordinate judge. he took the view that the notice given on the 8th ..... ors. (1) would show that yet the notice was good and valid.3. even then, we are unable to pass any final order in this appeal because the calcutta thika tenancy (second amendment) act 196 west bengal act 29 of 1969) has in the meantime come into force after the impugned decision of the calcutta high court. section 7a of the amending act confers power on the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-21-1978
Reported in : 43STC516(Guj)
..... law (sixth edition), which read as under : '.... in cape brandy syndicate v. inland revenue commissioners ( 2 k.b. 403 at 414), lord sterndale, m.r., said : 'i think it is clearly established in attorney-general v. clarkson ( 1 q.b. 156) that subsequent legislation may be looked at in order to see the proper construction to be put upon an earlier ..... of inter-state trade or commerce'. the exact question before the supreme court was, whether the appellant-firm, a dealer in cotton yarn under the tamil nadu general sales tax act (1 of 1959), who purchased yarn from local dealers and manufacturers and sold it by way of inter-state sale, was entitled to refund of the tax paid under the state ..... (s.c.)). section 46b in the 1953 bombay act as well as section 44 of the 1959 bombay act would clearly, therefore, be subject to the amended provision contained in clause (b) of section 15 of the central act since, as stated above, the avowed object of section 15 was to override and control the state power to tax the sales and purchases of declared ..... act where that earlier act is ambiguous. i quite agree that subsequent legislation if it proceeded on an erroneous construction of previous legislation cannot alter that previous legislation; but if there .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-23-1978
..... 707 the court maintains that the act presents a special case because (i) it imposes attorney's fees as an element of costs that traditionally have been awarded without regard to the states' constitutional immunity from monetary liability, and (ii) congress acted pursuant to its enforcement power under 5 of the fourteenth amendment, as contrasted with its power under more general grants such as ..... the commerce clause. i find neither ground a ..... the personal culpability of the individual officer where an award against the government entity would be barred by the eleventh amendment. [ footnote 3/8 ] i do not understand the court's observation that, "[i]f the act does not impose liability for attorney's fees on the states, it has no meaning with respect to them." ante at 437 u. s. 698 ..... b for the reasons stated in the dissenting portion of my brother powell's opinion, which i join, i do not agree that the civil rights attorney's fees awards act of 1976 can be considered a valid congressional abrogation of the state's eleventh amendment immunity. i have, in addition, serious reservations about the lack of any analysis accompanying the court's .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-01-1978
Reported in : AIR1979SC478; (1979)1SCC380; 2SCR476
..... some sort of procedure enough or must the procedure comply with any particular requirements obviously, procedure cannot be arbitrary, unfair or unreasonable. this indeed was conceded by the learned attorney general who with his usual candour frankly stated that it was not possible for him to contend that any procedure howsoever arbitrary, oppressive or unjust may be prescribed by the ..... view of the decision in anwar ali sarkar,(supra) the trial which had already started could not be vitiated by the constitution coming into force subsequently. indeed, the learned attorney general who appeared for the state of bombay did not controvert the legal position regarding the invalidity of the relevant part of section 12.69. in syed qasim razvi, ..... of the union of india, we postponed the consideration of that objection until after the arguments in support of the reference were over. accordingly we first heard the learned attorney general, the learned solicitor general who appeared on behalf of the union of india, the advocates general who supported the reference and shri ram jethmalani, one of the interventionists ..... supreme court in principle, and held that the power of the judicature could not be 'usurped or infringed' by the executive or the legislature. the privy council examined the other objectionable provisions of the amended act and held that they were invalid. those provisions are not relevant for purposes of the present case, but i cannot help extracting the following note of caution .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-15-1978
..... of both children. held: the exercise of in personam jurisdiction by the california courts over appellant, a new york domiciliary, would violate the due process clause of the fourteenth amendment. the mere act of sending a child to california to live with her mother connotes no intent to obtain nor expectancy of receiving a corresponding benefit in that state that would make ..... court in the initiating state for distribution to the initiating party. 28. [ footnote 14 ] while not a signatory to the uniform reciprocal enforcement of support act of 1968, new york is a party to the uniform reciprocal enforcement of support act of 1950, as amended. n.y.dom.rel.law 30 et seq. (mckinney 1977) (uniform support of dependents law). by 1957, this ..... the california courts. the judgment of the california supreme court is, therefore, reversed. [ footnote 1 ] while the jurisdictional statement, at 5, asserts that "the parties" flew to haiti, appellant's affidavit submitted in the superior court stated that sharon kulko flew to haiti with a power of attorney signed by appellant. app. 28. the haitian decree states that sharon kulko appeared "in person ..... act, or its substantial equivalent, had been enacted in all states, organized territories, and the district of columbia. 9 u.l.a. 885 (1973). the "two-state .....Tag this Judgment!
Court : Delhi
Decided on : Oct-10-1978
Reported in : ILR1979Delhi300
..... was now the manager of the law department, was 'authorised to file the suit, sign and verify the plaint, engage counsel and do all other acts necessary in this behalf. (12) mr. puri has signed and verified the plaint and also the power of attorney given to counsel for the bank. on these documents he has described himself as 'principal officer and general ..... simply 'punjab national bank', by an order 303 dated 23rd september 1969, the punjab national bank was given leave to continue the suit, and appropriate amendments were made in the plaint. nothing turns on this. and i have mentioned it merely for the record- (3) panchshila industrial co-operative society limited is the first defendant. it was registered as a society under ..... produced. nor has it been shown that the resolution was registered by the registrar. section 10(1) of the punjab co-operative societies act says that 'no amendment of any bye-laws of a co-operative society shall be valid unless such amendment has been registered under this act'. thus, even if a resolution of the 'kind mentioned by the secretary was passed, it would ..... v. narayandas mangital dayame, : air1958bom68 . this territorial limitation is implicitly recognised by the punjab co-operative societies act itself in the preamble, which describes it as an act to consolidate and amend the law relating to co-operative societies in the state of punjab.' and, section 1(2) could have said nothing more expansive than : it extends to the whole of the state of .....Tag this Judgment!
Court : Orissa
Decided on : Mar-14-1978
Reported in : 45(1978)CLT568
..... 17 and the court is then empowered either to reject the application or require its immediate amendment or its amendment within a fixed time. it appears to me that if the court takes none of these actions but acts upon the application, the court must be deemed to hold the application to be in accordance ..... rao, the deceased father of the appellants, obtained a decree on 30-1-56 for recovery of possession of certain immovable property. on 6-10-58 execution case no. 95 of 1958 was filed by one g. krishna rao as the power-of-attorney holder of the said t. bhaskar rao. on 19-3-59 ..... held:--'...... whether an application for execution that has been rejected must be regarded as not having been made at all for purposes of article 182, limitation act, depends upon the terms of the order of rejection. if this order amounts to a finding that the application was not in accordance with law, the ..... been verified. in these circumstances, the execution petition was held to be in accordance with law for purposes of article 182 (5) of the indian limitation act reliance was placed on a decision reported in air 1941 pesh 103 (sunder singh hira nand v. khilanda ram) wherein it was held as follows:--'...... ..... in execution case no. 95 of 1958 was not an application in accordance with law within the meaning of article 182 (5) of the indian limitation act, 1908 and as such it did not save limitation. the learned subordinate judge found that the previous execution application was duly made in accordance with law .....Tag this Judgment!