Court : Supreme Court of India
Decided on : Apr-02-1968
Reported in : AIR1968SC1336; (1968)GLR868(SC); 3SCR623
..... the attribute of finality can be predicated in favour of a litigant on the institution of the action. by the very terms of section 5-b of east punjab act xiv of 1947, finality attaches to it on the making of the order. even if there be, in law, any such right at all as the right to ..... 1960]2scr896 in which this court observed that according to the decision in indira sohanlal's case(2) an appellate decision under s. 5b of the east punjab evacuees' (administration of property) act, 1947 acquires finality after the order in question is inade, and 'even if there be in law any such right at all it can in no ..... 2scr896 an application for eviction of the appellant from a shop was made in august 1956 under s. 13 of the east punjab urban rent restriction act, 1949. an appeal was provided under s. 15 of the act from the order of the rent controller, and sub-s. (4) of s. 15 provided that the decision of the ..... . 337. 5. in the alternative counsel contended that the order of the appellate court which had acquired finality, subject to the exercise of the limited jurisdiction by the high court under s. 115 of the code of civil procedure could not, in the absence of a provision in the amending ..... 2scr896 has, therefore, no application to this case. 9. counsel for the respondent urged that the extension of the jurisdiction of the high court by s. 29(2) of bombay act 57 of 1947 as amended by gujarat act 18 of 1965 related not to any right in existence, but to a matter of procedure, and on that .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-26-1968
Reported in : AIR1969P& H110
..... 1952-54 pun lr 358=(air 1952 punj 422) (supra) on account of which this reference to this full bench has been necessitated. the case arose under this very punjab act (east punjab urban rent restriction act, 3 of 1949). notice of ejectment had actually been issued in that case requiring the tenant to vacate the premises by the 1st of october, 1950. the controversy ..... with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption.' so long as the right to recover possession under the common law of the land does not accrue to the landlord, the tenant does not ..... ) of section 12.their lordships observed that possession of the lessee after the expiry or determination of the lease was by virtue of the provisions of the act and not by virtue of the extension of the period of lease. as already observed at an earlier stage in this judgment the supreme court expressly approved the observations of chagla, c. j. and ..... . mr. gokal chand mittal, learned counsel for the landlord, on the other hand invited our attention to the judgment in vellayan chettiar v. government of the province of madras, air 1947 pc 197, charu chandra v. snigdhendu prosad, air 1948 cal 150, province of bihar v. kamakshya narain singh, air 1950 pat 366, and the district board banaras v. churhu rai .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-24-1968
Reported in : AIR1969P& H270
..... since two common questions of law arise in all these three petitions for revision under section 15(5) of the east punjab urban rent restriction act (east punjab act no. 3 of 1949), hereinafter called 'the act' it would be convenient to dispose of all of them together by a common judgment. the first of the questions ..... requires determination is whether thelearned district judge was justified in holding that according o the relevant provisions contained in section 13 of the east punjab urban rent restriction act even if the premises happened to be rented land, the petitioners were not entitled to claim eviction because the conditions laid down in ..... in chanan dass's case, 1967-69 pun lr 1: (air 1967pun 27) (fb) that the retrospective operation of amended rule 30 was limited up to the stage of appeal and did not apply at the conclusion the learned chief justice referred to the catena of authorities on the question ..... landlord himself that at best he would be using only the office-room for some in disclosed 'profession' but that the rest of the extensive building which he intends to put up on the plot is entirely residential. this cannot be classed as an intention to mainly or principally use ..... of the tenancy, except in accordance with the provisions of this section, or in pursuance of an order made under section 13 of the punjab urban rent restriction act, 1947 as subsequently amended. (3) (a) a landlord may apply to the controller for an order directing the tenant to put the landlord in .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-02-1968
Reported in : AIR1970P& H40
..... is here-by declared that the provisions of this section shall apply also to the punjab university constituted under the punjab university act, 1947 (east punjab act 7 of 1947), the punjab agricultural university constituted under the punjab agricultural university act, 1961 (punjab act 32 of 1961), and the board constituted under the provisions of part iii of the sikh gurdwaras act, 1925 (punjab act 8 of 1925).' it is apparent that the board under the ..... matters, the inclusion of which renders the legislation under a particular entry the more effec-tive, useful and purposeful. the entries are not to be construed strictly so as to limit their ambit and scope. consequently entry 44 in list i -- union list --, which obviously covers legislation in regard to an inter-state body corporate such as the board, also has ..... a gurdwara, or (b) in the alternative, where those two do not agree, on an application of the board, by the commission. so that such legislative power in the board, extensive as it is to all the notified sikh gurdwaras and the committees of management of the same, may, in the event of disagreement between the board and the committee of ..... sub-section (2) of this section. these are one set of provisions as to the ambit and scope of the judicial functioning, on appeal, of the judicial commission being as extensive as the functions of the board itself having original authority to decide the question of disability having been suffered by a member of it or a member of a committee .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-29-1968
Reported in : 73ITR778(Raj); 1968()WLN242
..... so much of the income, profits and gains included in the total income as accrue or arise in any state other than the states of patiala and east punjab states union and tr a vancore-cochin-- ......' '6a. income, profits and gains chargeable to tax in the assessment years 1952-53, 1953-54 and ..... by one single judgment.2. the facts giving rise to these references, briefly stated, are these:'the assessee-company is a public limited company incorporated on 7th may, 1947, under the company law prevalent in the erstwhile state ofbikaner. it carries on business of extraction of gypsum from jamsar mines in bikaner ..... for stocking of gypsum...rs. 4,199- 3-9total ...rs. 20,898-13-34. during the said year, the assessee-company also did extensive overburden removal work in expectation of the sindri contract and incurred an expenditure of rs. 47,386-15-0 out of which rs. 7,696- ..... commercial practice and trading principles, was a deduction which, if there was no specific provision for it under section 10(2) of the income-tax act, was certainly an allowable deduction. the expenditure (sic) was actually incurred or the liability in respect thereof had accrued even though it may have ..... these two references have been made by the income-tax appellate tribunal, delhi bench 'b', under section 66(1) of the indian income-tax act, 1922 (hereinafter called the act). the assessee in these two references is messrs. bikaner gypsum ltd., bikaner (hereinafter called the assessee-company). the facts of these cases as .....Tag this Judgment!
Court : Orissa
Decided on : Jan-02-1968
Reported in : AIR1968Ori418
..... . bishun das, air 1967 sc 643 may be seen. there, a similar question was considered under section 3 (1) (c) of the u. p. (temporary) control of rent and eviction act, 1947. in paragraph 7, their lordships observed thus:-- 'without attempting to lay down any general definition as to what material alterations mean, as such a question would depend on the facts ..... eviction of the tenant under section 7 (1) (iii). after obtaining such eviction, the landlord files a suit for recovery of compensation for the damage done within the period of limitation. the question is whether the suit instituted later than the application for eviction is barred. the unequivocal answer is in the negative. by obtaining the relief of eviction from the ..... the proviso itself. the main section is independent of the proviso and can stand without it. if the proviso is struck down, the tenant does not get the benefit of extension of time. we have, however, held that section 7 (1) (i), proviso is constitutional. 20. it would be profitable to sum up our conclusions on this aspect of the question ..... of time prior to its passing. in air 1965 s. c. 1491, kapur chand v. b. s. grewai, the retrospective character of section 9 (1) (ii) of the punjab security of land tenures act which is similar to section 7 (1) (ii) was under examination. that section runs thus:-- '9 (1) notwithstanding anything contained in any other law for the time being .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-06-1968
Reported in : AIR1969Cal464,75ITR479(Cal)
..... to be considered. upon calculation it appears that in either case, that is to say, whether by applying the period of limitation under the old act or the new act, the period under assessment is fully covered. upon consideration of all these facts, it does not appear that it can be ..... , 1948 was an arbitrary date. after the advent of the constitution, the procedure adopted by the taxation on income (investigation commission) act 1947 was therefore discriminatory and viclative of article 14 of the constitution. in my opinion, none of the cases cited by mr. sen ..... the expiry of five years; requires additional particulars to be furnished in case of an assessee engaged in business or profession and provides for extension of dates for return upto a certain period without charging any interest and beyond that period upon charging interest. the new section is certainly more ..... income-tax officer mohinder garh : 19itr174(sc) . in that case, thefacts were as follows. in may 1948 the then rulers of eight punjab states including patiala, nabha and kapurthala entered into a covenant with the government of india agreeing to unite and integrate their territories into one state known as ..... 26itr713(sc) . in that' case, it was held that, assuming that the provisions of section 5 (1) of the taxation of income (investigation commission) act (30 of 1947) can be . saved from the mischief of article 14 of the constitution on the basis of a valid classification, that defence is not available in support of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1968
Reported in : AIR1969SC13; 1SCR283
..... of restoration to possession of their respective lands. authorities which are vested with powers- judicial or quasi-judicial - can exercise their power within the limits of their jurisdiction and their actions without jurisdiction cannot be sustained merely because another body or authority, which if lawfully approached, may have jurisdiction to ..... which he desired to lead. with certificate granted by the high court, these appeals have been preferred by the state or punjab.3. section 43 of the pepsu act 8 of 1953 provides:'(1) any person who is in wrongful or unauthorised possession of any land-(a) the transfer of ..... the dispute relates to agricultural lands situate in village dialpura-bhaika, district bhatinda in the former state of pepsu and now in the state of punjab. the lands originally belonged to bhai arjan singh. on his death in 1946 the lands devolved upon his son bhai arda- man singh, the ..... operation and that gosain, j., was in error in making an order for possession of the lands when dispossession had taken place before the act was brought into force. the high court also held that the proceedings of the collector were vitiated because the collector declined to give to the ..... tenants applied to the collector sangrur and bhatinda for an order for restoration of possession under section 43 of the pepsu tenancy and agricultural lands act 8 of 1953. the collector granted the applications and ordered that possession be restored to the tenants. the orders were confirmed in appeal by .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-22-1968
Reported in : AIR1969Bom231; 1970MhLJ330
..... a) for such period as is necessary for the setting up of joint farming societies as aforesaid, being not more than three years in the first instance (extensible to a further period not exceeding two years) from the date of taking possession of the land, direct that the land acquired. or any part thereof, ..... rule in regard to the admissibility of extrinsic evidence under proviso(6) to section 92 of the evidence act, or under the corresponding english rule of evidence, in very wide terms, subject to the sole limitation that, that rule can be resorted to only in cases in which the words used in an instrument ..... that, on the 27th day of february 1967, a special bench of eleven judges held, by a majority, in the case of golak nath v. state of punjab : 2scr762 , paragraphs 52-53) that parliament has no power to amend any of the provisions of part iii of the constitution so as to take ..... company'. the main question in the appeal was whether the policy had been terminated by the company under that clause by its letter dated 7th august 1947. it was contended on behalf of the bank that a term must be implied in clause 10 that the termination could only be for a reasonable cause ..... was, therefrom capable of being made certain and definite within the terms of section 29 of the contract act by proof that between the parties, or in the trade, or in dealings with parties in british east africa, there was invariably included a force majeure clause of a particular kind, and the contract was, .....Tag this Judgment!