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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1993 Page 15 of about 246 results (0.094 seconds)

Jul 27 1993 (HC)

Ramchandra S/O Vasudeo Patankar Vs. Smt. Mandakini W/O Purushottam Tap ...

Court : Mumbai

Decided on : Jul-27-1993

Reported in : 1994(1)BomCR517

..... bona fide. the word 'bona fide' was interpreted to mean absence of intent to deceive and done in good faith or genuinely, by the learned single judge of punjab high court in smt. subhadra devi & others v. sunder dass tek chand & another, . if absence of intent to deceive or the good faith is to be ..... before the filing of the present application for eviction. therefore, mandakini was not a landlady within the definition of section 2(c) of the hyderabad rent act and even assuming that she was a landlady within the meaning of this definition, she was not competent to file an application for eviction because of the ..... the second point which arise for consideration of this court is whether landlady - mandakini was competent to file this application under section 15 of the hyderabad rent act. plaintiff - applicant pleaded in para 1 of the application that she is the owner of the suit premises and defendant is the tenant. this part of ..... of the suit would not render any order invalid. he further contended that mandakini was competent to file an application under section 15 of the hyderabad rent act since she was not merely a rent collector. he further contended that since contentions raised in the amendment application have no bearing on the case, the amendment ..... n.p. chapalgaonkar, j.1. mandakini w/o. purshottam tapaswi leased out a premises situated on municipal plot no. 5-25-75 at tilak path, aurangabad, to the petitioner ramchandra s/o. vasudeo patankar on a monthly rent of rs. 350/-. .....

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May 13 1993 (HC)

V. Gokulkrishna Vs. M.C. Nanaiah

Court : Karnataka

Decided on : May-13-1993

Reported in : ILR1993KAR1615; 1993(2)KarLJ259

..... in question is not occupied by any particular legislative enactment. the decision of the supreme court reported in rai sahib ram jawaya kapur and ors. v. the state of punjab, was cited in support of these propositions. several other decisions were cited to contend that this court cannot scrutinise the terms of a contract even though one of the contracting ..... to the fund".the relevant heading was given as "other administrative services". under "sub and detailed heads" the matter was referred as "modernisation of government offices". in the appropriate act of the state legislature the sum of rs. 1,58,10,000/- was referred in the schedule against the heading "general administration - revenue". there is no reference to the ..... because of the alleged impropriety in the procedure followed preceding the impugned action of the government.re: proposition vi:18. the sixth proposition pertains to the effect of the appropriation act read with the explanatory note appended to the relevant bill. the explanatory note attached to demand no. 41 placed before the legislature along with the supplementary estimates 1992-93 ..... illustrates the principle involved. the tamil nadu government granted pension to "anti-hindi" agitators. the grant was approved by the state legislature by sanctioning the fund, under the appropriation act. the supreme court pointed out that:"...the appropriation in the present case shows that a fund was kept apart to meet the pension scheme. there is no legislative sanction for .....

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Jul 22 1993 (HC)

Kishore Chandra Patel and Etc. Etc. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Jul-22-1993

Reported in : AIR1993Ori259; 76(1993)CLT720

..... of decisions, to wit, state of assam v. ranga muhammad, air 1967 sc 903; state of assam v. kuseswar, air 1970 sc 1616, samsher singh v. state of punjab, air 1974 sc 2192; punjab & haryana high court v. state of haryana, air 1975 sc 613; state of haryana v. inder prakash anand, air 1976 sc 1841; and chief justice of andhra pradesh ..... construction stands modified by the principle that words, however, clear they may appear to be, must, beread in the 'context' in which they appear; andif they appear in an act, the whole act, or therelevant part of it, must be looked into. and'context' includes intrinsic and extrinsic aidsto construction - preamble being one of theextrinsic aids. !22. the aforesaid shows that ..... before the: property is confiscated, as these provisions virtually require the person affected to prove his innocence. what is more, section 16 which applies to 'all the proceedings under the act' would even operate during trial. a strong submission is advanced about hardship which would follow if the confiscated property is taken possession of even before the person affected is found ..... past history of allegations relating to corruption by persons holding high political office, dating back to 1967, as would appear from constitution of enquiries under either the commission of inquiry act, 1952 or dehors it relating to allegations against the erstwhile chief minister dr. harekrushna mahtab and others who belonged to the congress party, which became the subject-matter of decisions .....

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May 20 1993 (HC)

Smt. Ram Jawai and Others Vs. Smt. Shakuntala Devi and Others

Court : Delhi

Decided on : May-20-1993

Reported in : AIR1993Delhi330a

..... be placed on the document alleged to have been executed by him. he also put reliance on a bombay high court decision in prakash cotton mills v. municipal corporation of greater bombay, : air1982bom387 in support of his contention that the contents ofa document can only be proved by examination of the executant. he also ..... who challenges this fact. this is both in accord with the principles of natural justice as also according to the o. iii, c.p.c. and the evidence act, both of which incorporate these general principles.20. regarding the letter ex aw 8/10 allegedly written to sh. h. l. naseem by the father of sh ..... workmen, : (1971)iillj407sc in support of this legal proposition that the application of principle of natural justice does not imply that what is not evidence can be acted upon. on the other hand what it means is that no material can be relied upon to establish a contested fact which are not spoken to by persons ..... that is after the filing of this suit, which will attract the principle of lis pendens. a combined reading of s. 52 of the transfer of property act and o. 21, r. 102, c.p.c. postulates that a purchaser pendente lite does not acquire any title to the property to the detriment of ..... the supreme court. it means that the sale became absolute only after 8-7-1980 when the appeal was finally disposed of article 134 of the limitation act provides the period of one year for delivery of possession by a purchaser of immovable property at a sale in execution of a decree.7. in .....

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Aug 27 1993 (HC)

Maharishi Dayanand Co-operative Group Housing Society Ltd. Vs. Union o ...

Court : Delhi

Decided on : Aug-27-1993

Reported in : 1993IIIAD(Delhi)788; 51(1993)DLT554; 1993(27)DRJ223

..... the notification which incorporated the order exercising the power under sub-section (4) of section 17 readasunder:- 'further in exercise of the powers under the said act, the governor of punjab is pleased to direct that action under section 17 shall be taken in this case on the grounds of urgency and provisions of section 5-a will not ..... development, (2) lt. governor, delhi, (3) land acquisition collector, delhi, (4) delhi administration through the secretary, land & building department, (5) delhi development authority (for short 'dda'), (6) municipal corporation of delhi ('mcd' for short), and (7) registrar, cooperative societies, delhi. the petitioner seeks a writ of certiorari quashing the notification dated 7 june 1990 issued under section 4 ..... was held. the staff employed at the department applied for judicial review of the minister's instructions seeking, inter alia, declaration that it was invalid because the minister had acted unfairly in removing their fundamental right to belong to a trade union without consultation. the minister defended his action on two grounds contending (i) that prerogative powers, and ..... . of course, this argument is further being fortified on two more circumstances, namely, the no objection certificate granted under the provisions of the delhi lands (restrictions of transfer) act, 1972, and the mutation of the land ultimately infavor of the petitioner society. (36) though the impugned notification does not mention the grounds of urgency or the urgency, .....

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May 20 1993 (HC)

Ram Jawai and ors. Vs. Shakuntala Devi and ors.

Court : Delhi

Decided on : May-20-1993

Reported in : 1993(26)DRJ297

..... be placed on the document alleged to have been executed by him. he also put reliance on a bombay high court decision in cotton mills vs . municipal corporation of greater bombay : air1982bom387 in support of his contention that the contents of a document can only be proved by examination of the executant. he ..... party who challenges this fact. this is both in accord with the principles of natural justice as also according to the order iii civil procedure code and the evidence act, both of which incorporate these general principles.(20) the survey reports of the m.c.d. ex aw 8/1, 2 & 3 also show and ..... : (1971)iillj407sc in support of this legal proposition that the application of principle of natural justice does not imply that what is not evidence can be acted upon. on the other hand what it means is that no materials can be relied upon to establish a contested fact which are not spoken to by ..... is after the filing of this suit, which will attract the principle of lis pendens. a combined reading of section 52 of the transfer of property act and order 21 rule 102 civil procedure code postulates that a purchaser pendente lite does not acquire any title to the property to the detriment of the rights of ..... supreme court. it means that the sale became absolute only after 8.7.1980 when the appeal was finally disposed of. article 134 of the limitation act provides the period of one year for delivery of possession by a purchaser of immovable property at a sale in execution of a decree.(7) in .....

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Jan 13 1993 (HC)

T.C. Chacko Vs. Annamma and ors.

Court : Kerala

Decided on : Jan-13-1993

Reported in : AIR1994Ker107

..... thesame if and when demanded by her. thesupreme court overruled the decision reported in air 1982 punj & hary 372 (fb)(vinod kumar v. state of punjab &haryana;). the above decision, of course, haslaid down very clearly that the stridhanamproperty in the hands of the husband or inlaws should be deemed to ..... of another and the owner.' no doubt, the classification of trusts into express and constructive trusts is perhaps the most important. in the indian trusts act, we find no mention of these terms except in the marginal note of section 94 where the term 'constructive trust' occurs, but it has to ..... pillai v. state of kerala), a full bench of this court was considering a question under section 99 of the madras hindu religious and charitable endowments act (19 of 1951), incidentally, the question relating to limitation was also considered. of course, the question was considered in a writ petition. sanction for ..... or parish, the charges of which had been increased by his wrongdoing, alone could bring the offender to justice under the poor law (amendment) act, 1868, and recover the cost of her maintenance, and the justice in making their order were not limited by the amount already allowed by the ..... 6. when these two appeals came up for hearing the learned judge expressed a doubt as to the applicability of section 10 of the limitation act and also the question regarding the application of the correct article of limitation applicable to the facts of the case. before considering the question .....

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Mar 02 1993 (HC)

Commissioner of Income Tax Vs. Mrs. Hilla J.B. Wadia

Court : Mumbai

Decided on : Mar-02-1993

Reported in : [1995]216ITR376(Bom)

..... society on or before 30th june, 1973. it is further recited that the plan for construction of building on the said property are approved by the municipal corporation of bombay on 21st february, 1973 and a commencement certificate is issued on 3rd oct. 1973. it is further recited that a contract for ..... of one year. 10. in the case of kesho ram passey vs . reserve bank of india reported in , the punjab and haryana high court considered the provisions of s. 54e of the it act which were then in force. it had to consider whether the capital gains arising from the transfer of the capital asset ..... almost the entire cost of construction within a period of two years. 13. the following question, therefore, referred to us under s. 256(1) of the it act, 1961, namely : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee was entitled to relief ..... commenced construction of the new house which was completed in march, 1977. the assessee claimed exemption from tax on capital gains under s. 54 of the it act, 1961. the court said that the assessee had resided in a major portion of the building which the assessee had sold and had completed the construction ..... the original property to the assessee. 8. in these circumstances, we have to see whether the assessee has complied with the requirements of s. 54 of the it act, 1961 as then in force. the material part of s. 54 at the relevant time was as follows : 'sec. 54. profit on sale of property .....

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Mar 01 1993 (HC)

Commissioner of Income-tax Vs. Shivsagar Estates (Aop)

Court : Mumbai

Decided on : Mar-01-1993

Reported in : [1993]204ITR1(Bom)

..... -73 : '(1) the lessees are constructing a five star international hotel in technical collaboration and assistance with hiltons in accordance with the sanction of the municipal corporation. (2) licence shall commence from april 1, 1969, and the licensees shall pay the annual licence fee for compensation of rs. 7,80, ..... he relied on the decisions of the supreme court in the case of cit v. birla gwalior (p.) ltd. : [1973]89itr266(sc) , of the punjab and haryana high court in the case of shiv parkash janakraj and co. (p.) ltd. v. cit and of the allahabad high court in the cases ..... consideration thereof, the assessee got back plot h which it gave on lease to another party. all these developments clearly show that the assessee had acted like a true prudent businessman to salvage the situation when messrs. metropolitan hotels limited was not in a position to fulfil the agreement entered into earlier ..... between the assessee and messrs. metropolitan hotels limited cannot be doubted and that all material and documents placed before it were genuine documents and were duly acted upon by the parties. further, the tribunal held that it was not able to subscribe to the submission made on behalf of the revenue that ..... herself and her group of co-owners. the loan was secured by the joint and several promissory notes and undertaking by each of these persons acting as the respective attorney or agent of their respective group and by collateral security by way of deposit of title deeds relating to plot h. .....

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Mar 22 1993 (HC)

Fotolite Colour Labs, a Registered Partnership Concern, Rep. by One of ...

Court : Andhra Pradesh

Decided on : Mar-22-1993

Reported in : 1993(2)ALT343

..... the respondents-defendants cannot be made applicable to the facts of the present case.15. in bimla wati sharma v. state bank of patiala, the punjab & haryana high court was dealing with order v rule 2 c.p.c. i am afraid, this decision cannot be made applicable to the present ..... in ramlal v. rewa coalfields ltd., : [1962]2scr762 , the supreme court, while considering the pros and cons of section 5 of the limitation act, held:'in construing section 5 it is relevant to bear in mind two important considerations. the first consideration is that the expiration of the period of ..... v. katiji, : (1987)illj500sc , the supreme court held that courts should adopt liberal approach in the petitions filed under section 5 of the limitation act for condonation of delay. while dealing with this aspect, at paragraph 3, the supreme court discussed as under:'the legislature has conferred the power to condone ..... application filed by the appellant to implead plaintiff no. 7 as a respondent was allowed by condoning the petition filed under section 5 of the limitation act. the full bench held that in such contingencies, the lower court was right in condoning the delay and, therefore, the court held that the ..... for the petitioner-plaintiff, primarily contends that the conclusion arrived at by the court below while allowing the application filed under section 5 of the limitation act is contrary to its own finding and, therefore, the court below has exercised such jurisdiction which is not vested in it. it is also .....

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