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Judgment Search Results Home > Cases Phrase: the east punjab extension of limitation act 1947 Court: karnataka Page 1 of about 29 results (0.031 seconds)

Dec 12 1997 (HC)

Mrs. Flora Chandrabai Vs. Mrs. Navaneetha Suganthamani and ors.

Court : Karnataka

Reported in : ILR1998KAR3685

..... it has to be an application to a court for the reason that sections 4 and 5 of the 1963 limitation act speak of expiry of prescribed period when court is closed and extension of prescribed period if applicant or the appellant satisfies the court that he had sufficient cause for not preferring the appeal or making the application during such period. article ..... kshirsagar and anr, : air1987mp145 bombay high court in vasudev daulatram v. sajni prem, : air1983bom268 and the calcutta high court and punjab and haryana high court in state of punjab v. sh. vishwajit singh and ors, . have also taken the view that limitation act, 1963 including article 137, has no application for grant of probate. we are in respectful agreement with the reasonings of the ..... said decisions.11. however the appellant referred to the decision of punjab & haryana high court in the case of 'in the matter of estate of gurcharan dass puri' reported ..... held therein that article 137 applies for obtaining letters of administration though not for 'probating a will'. besides the same court in a later decision i.e., in state of punjab referred to supra has distinguished the said case and has held, article 137 has no application for 'obtaining probate'.12. the next decision relied on by the appellant in hari .....

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Dec 12 1957 (HC)

Chandappa Vs. SadruddIn Ansari

Court : Karnataka

Reported in : AIR1958Kant132; AIR1958Mys132; ILR1957KAR448; (1958)36MysLJ139

..... issued by different state governments, under section 35 of the indian court-fees act. in most of these notifications the less have been reduced or remitted with reference to a class of persons, who, according to the concerned governments deserve remission or reduction. the state gov government of east punjab have conferred the benefit under this section to the displaced persons. the gov ..... not a provision to regulate the powers of the government. it is a power conferring section. it must be given its full amplitude. the section merely lays down the outer limits of the power of the government. it is for the gov government to choose both the area and the class of people to be benefited by the remission or reduction ..... in question. read this way the power of the gov government to reduce or remit the court-fees, is co-extensive with that of the legislature. it must be remembered that it is a power to reduce or remit the court-fee und not to impose. 8. if the government's ..... 132-(f). the rajpramukh is pleased to exempt all displaced destitute persons in the whole of the hyderabad state who during the period of 2 years commencing from 13th sep. 1947 to 13th sep. 1949 have been dispossessed of their immoveable property, from the payment of the court-fees payable under schedule nos. 1 and 2 of the said .....

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Jul 29 1992 (HC)

Dena Bank Vs. Bhikhabhai Prabhudas Parekh and Co.

Court : Karnataka

Reported in : ILR1992KAR2659

..... case it was held that the high court was right in holding that the assessment order on the dissolved firm could not be supported under the provisions of the east punjab general sales tax act, 1948. 17. based on the aforesaid proposition it is contended by sri. karanth, learned counsel for the appellant that sub-section (2a) of section 15 of the sales ..... cases of this kind, joint and several liability on the members for the tax assessed on the hindu undivided family and this was a personal liability as distinct from liability limited to the joint family property received on partition.' having regard to the facts of that case and the provisions contained in section 171(6) of the income-tax ..... making them personally liable for the sales tax arrears under the act. as such, section 25 of the partnership act held the field. the insertion of sub-section (2a) in section 15 of the sales tax act, is nothing but extension of the joint and several liability of a partner for all the acts of firm done while he is a partner as contained in ..... section 25 of the partnership act to the sales tax arrears which otherwise existed. this position flows from the provisions contained .....

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Feb 19 1991 (HC)

Balumal P. Seth Vs. Giriyappa

Court : Karnataka

Reported in : ILR1991KAR1256

..... supreme court was considering the case of a tenant, who inducted a sub-tenant with written permission of the landlord under the provisions of the east punjab urban rent restriction act, 1949. no doubt under section 13 of that act, a tenant could be evicted only if he had sublet the entire building or any portion thereof without the written consent of the landlord ..... be noticed that so far as this case goes, it only holds that notwithstanding the expiry of the lease, the lessee may seek protection of the rent act. this did not amount to an extension of the lease, which came to an end by efflux of time, the property after expiry of the lease became the property of the trust as agreed ..... been given notice to quit, they were bound to vacate the demised premises unless they were protected by the provisions of the bombay rents, hotel and lodging house rates control act, 1947. the court found that the respondents were entitled to continue in possession as tenants of the land within the meaning of the bombay ..... is apparent from a bare perusal of section 3(r) of the act. a sub-tenant therefore is not entitled to the protection which the act extends to the tenants. the fact that the landlord authorised the tenant to induct sub-tenants has only this limited effect that the tenant cannot be evicted on the ground of unlawful subletting. that however will not .....

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Feb 17 2003 (HC)

BHEL Employees' Association Vs. Union of India (UOi) and Ors.

Court : Karnataka

Reported in : (2003)180CTR(Kar)412; [2003]261ITR15(KAR); [2003]261ITR15(Karn)

..... municipal corporation of delhi v. birla cotton spinning and weaving mills : [1968]3scr251 , as also in an earlier decision in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act, 1950 : [1951]2scr747 , has laid down the principle that the legislature must retain in its own hands the essential legislative functions and what can ..... economic well-being of the people. most of the modern socio-economic legislations passed by the legislature lay down the guiding principles of the legislative policy. the legislatures, because of limitation imposed upon them and the time factor, hardly can go into the matters in detail. the practice of empowering the executive to make subordinate legislation within the prescribed sphere has ..... on the executive, it is necessary to refer to the law laid down by the apex court on this question.16. in the case of avinder singh v. state of punjab : [1979]1scr845 , the supreme court laid down the tests mentioned hereunder for valid delegation of legislative power :(i) the legislature cannot efface itself; (ii) it cannot delegate the plenary or ..... is useful to refer to the observation made by the supreme court in the case of kunnathat thathunni moopil nair v. state of kerala : [1961]3scr77 , in the case of east india tobacco co. v. state of andhra pradesh : [1963]1scr404 and in the case of federation of hotel and restaurant association of india v. union of india : [1989]178itr97(sc .....

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Sep 04 1959 (HC)

N. Ayyanna Setty and Sons and ors. Vs. State of Mysore

Court : Karnataka

Reported in : [1961]12STC731(Kar)

..... be defeated by an appeal to that section and further they were held to be governed by article 62 of the first schedule of the indian limitation act. the learned counsel on behalf of the appellants in the regular appeals contends that although his suits were filed after the 15th of may, 1951 ..... of the madras high court reported in state of madras v. abdul khader : air1953mad905 , and held that suits are governed by article 62 of the limitation act. on the question of maintainability of the suits, although he recorded a clear finding on the relevant issues in the various suits that the suits were ..... 18-a are maintainable. it must further be held that the latter two suits are governed by article 62 of the first schedule of the indian limitation act. 31. in view of our finding that the suits out of which the regular appeals arise were not maintainable, it is unnecessary to examine the ..... the bar under section 18-a cannot prevail in view of the decision of the supreme court of india reported in state of tripura v. province of east bengal : [1951]19itr132(sc) . but, the injunction sought in that case was one to restrain the assessing authority from proceeding with an assessment before ..... . 50), already referred to by us, and commissioner of income-tax, punjab v. tribune trust lahore ([1948] 16 i.t.r. 214; i.l.r. 1947 lah. 809). in the former case after reviewing the provisions contained in the income-tax act and holding that an effective and appropriate machinery is provided therein for the .....

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Aug 22 1991 (HC)

Jivaji @ Balasaheb Venkatesh Anikhindi Vs. Sadashiva Rao Ramachandra R ...

Court : Karnataka

Reported in : ILR1991KAR4307; 1991(4)KarLJ51

..... ) of the bombay rents, hotel and lodging house rates control act, 1947 (hereinafter referred to as 'the bombay act') for recovery of possession of the premises let out to a tenant. no doubt the supreme court held that the provisions contained in article 67 of the limitation act were attracted to a proceeding under sections 13(1) and 12 ..... the tenant for an extension of fourteen years with a break at seven years'. the precise wording of the clause is, i think, important and it is to be noticed that the ..... continuing his tenancy. the plain meaning of 'continuing' is 'carrying on' for 'continuing', the clause reads 'the tenant has the choice of carrying on for an extension of fourteen years with a break at seven years'; or reading 'not ceasing to be', the clause reads, 'the tenant has the choice of not ceasing to be ..... is difficult to see how an option to continue can be exercised except by continuing. the usual term in a lease with regard to an option for an extension of time contains some such word as 'renew', which imports 'making afresh'. there is no such word in this lease. further, an option to extend ..... as the tenant' and the petitioner in c.r.p.no. 1354/1987 will be referred to as the 'sub-tenant'. 3. the schedule premises are extension plot nos.9 and 10 of jamkhandi in bijapur district. they are vacant lands now numbered as c.t.s.no. 5326. 4. the schedule premises were .....

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Nov 21 1958 (HC)

The Metal Corporation of India Ltd. Vs. P. Colombi

Court : Karnataka

Reported in : AIR1960Kant1; AIR1960Mys1; ILR1959KAR57

..... the learned advocate for the respondent that the execution of the decree is barred by limitation. the learned advocate for the appellant contended that art. 183 of the limitation act is applicable and that there is no bar of limitation. in view of my conclusion that the decree is otherwise inexecutable, it is not ..... countries forming part of the united kingdom.still the laws in both the countries were different and until the passing of the judgment extension act and the foreign judgment reciprocal act, the decrees passed by courts of those countries were governed by the principles of private international law and if the decree was an ..... of india.'in the case of ramalingam v. abdul wajid, air 1950 pc 64, it was held that with the passing of the indian independence act 1947, the maharaja of mysore alone had sovereign powers and it was for him to make such laws as he thought fit for the administration of justice ..... useful to discuss the general principles underlying the validity or otherwise of foreign judgments. the ordinary rule is that a country has exclusive jurisdiction within the limits of its own territory. it cannot lay down rules for the rest of the world. other countries are not bound to recognise its judgments as ..... laws so repealed and also that to execute a decree is not a right conferred on the decree holder. the view of the full bench of the punjab high court in the case of firm radhe sham roshan lal v. kundan lal mohan lal, , is also similar. it was observed in that .....

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Feb 27 1998 (HC)

Arun Kumar Agrawal and Another Vs. State of Karnataka and Others

Court : Karnataka

Reported in : 1999(1)KarLJ603

..... .s. chowdhary. 9. km. srinivas v r.m. premchand and others. 10. lawyers' initiative through r.s. bains, advocate and another v state of punjab through its chief secretary and others . 11. mis. chamundi hotel (private) limited and others v state of karnataka and others. 12. k.v. amarnath and another v state of karnataka and others . we are of the opinion ..... . in order to consolidate and amend the laws relating to prevention of corruption and matters connected thereto, the prevention of corruption act, 1947 was enacted which was amended from time to time. in the year 1988 a new act on the subject being act no. 49 of 1988 was enacted with the object of dealing with the circumstances, contingencies and shortcomings which were noticed ..... power projects at mangalore and bangalore of 250 mw each. the extract of the cabinet note relied upon by the respondents is to the effect:--'tower projects: the delegation held extensive discussions with the several foreign companies and associations of nri's regarding their proposals for investment in power sector and explained to them the various policy initiatives taken by the ..... (5) northland power, canada (6) m/s. caitness, new york (7) m/s. cogentrix, inc, usa (8) m/s. hellmuth, obata and kassabaum (hok) intercontinental, usa (9) m/s, north east energy, boston (10) m/s. public service enterprise group inc. new york, new jersey (11) m/s, dlj, new york (12) m/s, rolls royce, london (13) m/s, chalais .....

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Jan 21 2002 (HC)

S.V. Kadanagoudar Vs. the Managing Director, Karnataka State Seeds Cor ...

Court : Karnataka

Reported in : [2002(93)FLR1043]; ILR2002KAR2337; 2002(3)KarLJ65

..... termination of appellant's service was, therefore, retrenchment under section 2(oo) of the industrial disputes act, 1947 and it could be done only in accordance with the provisions contained in section 25-f of the industrial disputes act, 1947. in krishna district co-operative marketing society limited, vijayawada v. n.v. purnachandra rao and ors., : (1987)iillj365sc this court has construed the provisions of ..... 6(c) of the service rules of the first respondent-corporation. rule 6(c) empowers the managing director to make temporary appointments for a period of six months subject to extension. rule 6(c) reads as follows:'rule 6(c).--notwithstanding anything contained in rule 6 the managing director shall be entitled to make appointment on temporary/contract basis to any ..... circumstances, would be founded on the allegations, of misconduct which were found to be true in the preliminary enquiry.14. the supreme court in v.p. ahuja v. state of punjab, : (2000)illj1099sc held that a probationer or a temporary servant, is also entitled to certain protection and his services cannot be terminated arbitrarily, nor can those services be terminated in ..... gone through these decisions. except the case of ram chandra trivedi, supra, all other cases referred to above were decided prior to the decision in samsher singh v. state of punjab and anr., : (1974)iillj465sc which is a judgment delivered by a bench of seven judges. as pointed out by us in all these cases including the case of flam chandra .....

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