Court : Madhya Pradesh
Decided on : Nov-19-1977
Reported in : AIR1978MP54
..... recoverable, one has to read something extra in this legislative provision.'these observations now do not hold good in view of their lordships' decision in new delhi municipal committee v. kalu ram, air 1976 sc 1637 (supra).16. in abdul gafoor v. abdeali, 1973 mplj 179 (supra) although calcutta decisions were cited, ..... placed on abdul gafoor v. abde ali, 1973 mplj 179. the learned single judge was of the opinion that in view of the observations in new delhi municipal committee v. kalu ram air 1976 sc 1637 the decision in abdur gafoor v. abde ali (1973 mplj 179) (supra), which was decided by & division ..... , air 1962 punj 256 (fb). it can be seen from the discussion contained in paragraphs 5 and 6 of that decision that the learned judges of punjab high court were influenced by the expression 'rent due by him' when neither the words legally due' nor the word 'recoverable' were used. it was ..... claim rent otherwise time-barred. in the present socio-economic set up, the accommodation control act cannot be interpreted to be a handle to recover time-barred rent, which otherwise, the landlord could not have done. new delhi municipal committee v. kalu ram (air 1976 sc 1637) (supra).13. the view that we ..... view we are taking, the division bench preferred to follow the punjab case. in nashiban bibi v. parul bala dutt, ilr (1959) 2 cal 490 the provisions of the west bengal premises tenancy act, 1956, were under consideration. section 17 (1) of that act employs the same words as section 13 (1) of the m .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-10-1977
Reported in : AIR1978MP218; 1978MPLJ562
..... to ap-peal and, therefore, the miscalculation made by the registrar was sufficient reason to condone the delay. what they said was that the punjab government was justified in placing the matter in the hands of the registrar of the punjabi university and in that view, there was sufficient reason ..... reddy. the learned judges were merly considering the question whether there was sufficient reasons to condone the delay in the filing of the appeal by the punjab government. to the extent that it goes the decision is against mr. babulu reddy, the supreme court did not say that the punjabi university ..... has not given any explanation of its own for not filing the appeal within time. this contention does not appeal to us. as mentioned earlier, punjab government had evidently left the matters in the hands of the punjabi university which was the party really interested. it depended entirely on the punjabi university. ..... an appeal, against the enhanced compensation by the court on reference under section 18, was filed by the punjabi university and the state government of punjab. the appeal was filed beyond time and a prayer for condonation of delay in filing the appeal was made on the ground that the registrar ..... for seeking a direction, against the land acquisition officer, commanding him to make a reference, under section 18 of the act, as was demanded by the municipal council.the division bench dismissed the petition, holding that the validity of the notice could not be challenged 14 years after .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-16-1977
Reported in : AIR1978MP86; 1978MPLJ172
..... well established, but on the facts and circumstances of the present case, these cases are clearly distinguishable.23. in k. r. shenoy v. udipi municipality, air 1974 sc 2177, it was held that an excess of statutory power cannot be validated by acquiescence in or by the operation of an ..... air 1955 sc 504; bihar e. g. f. co-op. society v. sipahi singh, air 1977 sc 2149; mathura parshad & sons v. state of punjab, air 1962 sc 745; excise commr. v. ram kumar, air 1976 sc 2237 and gappulal v. state of m. p., 1971 mplj 547 : (1971 tax ..... the university would have accepted the interpretation in favour of the petitioner particularly in respect of the meaning of the expression 'university established under this act.' thus, there being also violation of natural justice, the petitioner is entitled to a suitable writ.27. in shri krishan v. kurukshetra university, ..... referred to as the repealed enactment);(ii) the universities established under the repealed enactments shall be deemed to be the universities established under this act and shall be known by the name of the respective universities with headquarters at places and territorial jurisdiction over the areas as specified in ..... affected. their aim is to prevent miscarriage of justice. where there is violation of principles of natural justice, proceedings can be quashed by certiorari. acts of public authorities, judicial, quasi-judicial or administrative, can be challenged when the rules of natural justice have been contravened,7. however, the rules .....Tag this Judgment!