Court : Supreme Court of India
Decided on : Sep-18-1975
Reported in : AIR1976SC49; (1976)1SCC194; 1SCR847
..... from the same judgment but, raise two different questions of law under the punjab security of land tenures act, 1953 (punjab act x of 1953) (for short, the act), the forensic focus being turned on two different facets of section 18 of the act. the first set of appeals relates to the right of the tenants to ..... claimed has, by reason of change in the circumstances, become inappropriate and not when the plaintiff's suit would be wholly displaced by the proposed amendment see steward v. the north metropolitan tramways company (1885) 16 qbd 178 and a fresh suit by him would be so barred by limitation. ..... that happen subsequent to the filing of suits and at times even those that have occurred during the appellate stage and permit pleadings to be amended for including a prayer for relief on the basis of such events but this is ordinarily done to avoid multiplicity of proceedings or when the ..... a cause of action is deficient but later events have made up the deficiency, the court may, in order to avoid multiplicity of litigation, permit amendment and continue the proceeding, provided no prejudice is caused to the other side. all these are done only in exceptional situations and just cannot be done ..... procedural delays cannot deprive him of legal justice or rights crystallised in the initial cause of action. this position finds support in bhajan lal v. state of punjab : 2scr497 .9. the impact of subsequent happenings may now be spelt out. first, its bearing on the right of action, second, on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-10-1975
Reported in : AIR1975SC1417; (1975)4SCC849; SuppSCR107
..... and allotment) order, 1968, as for the time being in force'.the representation of the people (amendment) ordinance, 1974 was subsequently repealed and replaced by the representation of the people (amendment) act, 1974 (act 58'of 1974) inserting the aforesaid explanations in section 77 of the act. the appeal before us does not attract the proviso to explanation 1 and section 77 with the ..... limit on election expenses was rs. 9000.6. during the pendency of the appeal in this court an ordinance, namely, the representation of the people (amendment) ordinance, 1974 was promulgated amending section 77 of the act by inserting two explanations to sub-section (1) thereof. the explanations read as follows :'explanation 1.-notwithstanding any judgment, order or decision of any court ..... authorised by the respondent to spent the said amount of rs. 6240 for these vehicles. in the case of samant n. balkrishna and anr. v. george fernandez and ors. : 3scr603 this court held that the circumstantial evidence led to prove corrupt practice must exclude every hypothesis except that of guilt. what are the circumstances here from which one could ..... the parties should bear their own costs.gupta, j.4. this is an appeal under section 116a of the representation of the people act, 1951 (hereinafter referred to as 'the act') from an order passed by the punjab and haryana high court at chandigarh 'dismissing the election petition filed by the appellant calling in question the election of the first respondent to .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-24-1975
Reported in : AIR1976P& H205
..... dated march 13. 1957, and exhibit r-4 dated may 17, 1961. from the year 1914 upto the date of issuance of the notification under section 4(1) of the punjab land acquisition act, the proprietors had no right to cut the trees and to collect or remove timber for sale as a means of profit, income or livelihood, or for any other purpose ..... till the date of the issuance of the notification under section 4(1) of the land acquisition act. the punjab government in exercise of the powers conferred by section 3 of the punjab land preservation (chos) act, 1900, issued notification dated september 23, 1914, exhibit r-l, with a view to preserve this land from the action of the chos etc. in exercise of thepowers conferred by section ..... , appellants of appeal no, 548 of 1966 also filed anapplication under section 18 of the land acquisition act before the collector. practically on the same allegations and a reference was made by the land acquisition collector to the district judge for deciding those objections. in that case also the punjab state contested the allegations made in the petition, and on the pleadings of the parties the ..... amount at the rale of 6 per cent, per annum, (the rate of interest was enhanced to 6 per cent. w. e. f. 1-7-1967 with retrospective effect by punjab act no. vii of 1969). under the circumstances of these appeals, there will be no order as to costs in both the appeals. d.s. tewatia, j.i agree. .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-09-1975
Reported in : AIR1976SC712; (1976)1SCC747; 2SCR902; 1976(8)LC120(SC)
s. murtaza fazal ali, j.1. this is a defendant's appeal by certificate granted by the high court of allahabad under article 133(1) of the constitution of india. the plaintiff which is a registered partnership firm at benaras dealing in bidi tobacco filed the present suit for damages against the defendant union of india on the allegations that it had despatched a consignment containing tobacco at benaras for gaya in bihar for delivery to the firm chaturbhai m. patel & co. at gaya. this consignment was booked under invoice no. 107 railway receipt no. 89551 dated july 9, 1954, the plaintiff's allegation was that due to negligence of the railway the identical goods despatched by the plaintiff did not reach the consignee at gaya but the goods containing inferior type of tobacco reached there which caused serious loss to the plaintiff. the suit was filed after notice under section 80 of the cpc was given. the plaintiff also claimed refund of the exercise duty which was paid by the plaintiff. the suit was resisted by the defendant mainly on the ground that due to fraud and collusion between the plaintiff is benaras and his father's firm in gujarat, the consignment at benaras was interchanged by manipulation and deliberation so that the inferior goods were sent to gaya and the superior goods were sent to gujarat which were sold by the firm at gujarat and huge profit was earned by the aforesaid firm.2. the trial court framed a number of issues and accepted the defence and accordingly .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-29-1975
Reported in : AIR1976SC309; (1976)1SCC91; 2SCR32; 1975(7)LC832(SC)
..... and the learned judge of the high court did not rely upon any material whatsoever except the form of the order made on the 2nd june 1969 for not merely setting aside the decrees but even dismissing the suit itself the deposit of the money after the ex-parte decree was passed wholly ..... . be it noted that the learned judge does not hold that the amount ordered to be deposited by the defendants by the order dated june 2, 1969 was wrong or that it could not have been ordered at all. that order also fixed the interim standard rent as contemplated by that section. that ..... the substance and chased the shadow. the words 'striking out the defence' are very commonly used by lawyers. indeed the application made on 24th february 1969 by the plaintiffs was for a direction to order the defences of the defendants to be struck off in default of payment of the amount ordered by the ..... the amount but did not take out and serve the notice on the plaintiffs and the notice was ultimately discharged for want of prosecution on 19th september, 1969. an appeal was filed before the appellate bench of the small causes court against the ex-parte decree and it was dismissed. on an application filed before ..... depositing the amount the plaintiffs were at liberty to follow the consequential remedy under section 11(4) of the act. the defendants did not deposit the amount ordered by the court and on 24th february 1969 the plaintiffs applied to the court praying for a notice to be issued to the defendants to show cause .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-10-1975
Reported in : AIR1975Bom297; 1975MhLJ233
..... not ordinarily be court governed by the provisions of code of civil procedure when he proceeds to determine the compensation for the land to be acquired. however, the amendment which has been made to section 18 of the land acquisition act by maharashtra act no.38 of 1964 by incorporating therein sub-section (3) would in my view make a considerable difference, section 18(1) ..... court in khashba daji shinds v. m.v. hinge, ilr (1965) bom 831, in which also. it was held that the provisions of section 12(2) of the limitation act do not apply to the acquisition act. the decisions, however, are distinguishable on the terms ..... these decisions, therefore, are of no assistance in holding that the provisions of section 5 of the limitation act are not applicable to an application for reference under section 18 of the land acquisition act. another decision which was cited is town municipal council v. presiding officer, labour court : (1969)iillj651sc . the question there was whether the limitation provided by article 137 of the limitation ..... a case of an application under section 18 of the land acquisition act and the question was whether the provisions of sub-section (2) of section 12 of the limitation act were applicable to those proceedings. it was held there that the provisions of section 12(2) were not applicable to those proceedings. the punjab high court also referred to a decision of this .....Tag this Judgment!
Court : Delhi
Decided on : Jul-16-1975
Reported in : AIR1976Delhi83
..... receipts executed by the petitioners did not mention that the payment was being received under protest. on february 9, 1969 the petitioners sought reference of the matter under section 18(1) of the act for determination. the applications were turned down by the land acquisition collector by the order now sought to be impugned, on the ground that in as much as the receipts ..... of the making of the award and seeks support from two decisions of the supreme court in the case of state of punjab v. mst. qaisar jehan begum, : 1scr971 and raja harish chandra raj singh v. the deputy land acquisition officer, : 1scr676 . shri dixit, however, contends that in as much as there was public notice both under sections 4 and ..... section 31. learned counsel strongly relied on the decision of the calcutta high court in suresh chandra roy v. the land acquisition collector, chinsurah. : air1964cal283 , the decision of mysore high court in k. krishna rao (supra) and the two decisions of the punjab high court referred to above. by way of preliminary objections, learned counsel contended that in the first instance. the ..... the question had been considered notably mrs. thomas v. the collector of madras. air 1958 mad 186: jaswant singh v. state of punjab, ; smt. kailash devi v. state of haryana. air 1971 pun 353 and k. krishna rao v. land acquisition officer and revenue divisional officer. coondapur, south kanara. air 1960 kar 264 and argued that the aforesaid decisions were distinguishable and in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-07-1975
Reported in : AIR1975SC2299; 1975(Supp)SCC1; 2SCR347
..... 94itr204(sc) .152. the constitution 29th amendment act was considered by this court in kesavananda bharati's case : air1973sc1461 . the 29th amendment act inserted in the ninth schedule to the constitution entries 65 and 66 being the kerala land reforms act, 1969 and the kerala land reforms act, 1971. this court unanimously upheld the validity of the 29th amendment act. the unanimous view of this court in kesavananda bharati ..... as political and orders made in exercise whereof are not liable to be tested for their validity before the lawfully constituted courts : rai sahib ram jawaya kapur v. state of punjab : 2scr225 ; jayantilal amritlal shodhan v, f.n. rana : 5scr294 ; and halsbury's laws of england 3rd edn. vol. 7, article 409, at p. 192.632. ..... does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another', (see : rai saheb r.j. kapur v. state of punjab : 2scr225 . this will no doubt strike one accustomed to the established supremacy of parliament in england as unusual. in the course of its historical development parliament has performed ..... 'man and state', pp. 101-102; also the judgment of hidayatullah, j. in golaknath v. state of punjab : 2scr762 the possession of legislative power by the amending body would not entitle it to pass an ordinary law, unless the constitution is first amended by passing a constitutional law authorizing it to do so. in the same way, the possession of judicial .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-14-1975
Reported in : 112ITR512(AP)
..... assessment under section 23(4) could only be challenged or questioned by an application under section 27, and thereafter by an appeal under section 30. but the amendment act has made aprovision, in section 30, permitting an appeal by an assessee against an order of the income-tax officer making an assessment under section 23(4 ..... not on the merits, but by the sands of time running out before ultimate victory was in sight.'10. he also relied on a decision of the punjab high court in gopal singh v. commissioner of income-tax and submitted that in an appeal against an assessment, the validity of the notice issued undersections ..... miscarriage of justice. these rules can operate only in areas not covered by any law validly made. in other words they do not supplant the law of the land but supplement it'.24. one more decision that requires to be referred to is ponkunnam traders v. additional income-tax officer : 83itr508(ker) wherein ..... on a total income of rs. 60,760 against loss of rs. 1,437 declared by the petitioner in his return. the assessment for the year 1969-70 was made on a total income of rs. 2,37,465 against loss of rs. 3,300 declared by the petitioner in his return. finally, ..... notices dated april 30, 1973. the income-tax officer, khammam, completed the assessments for the assessment years 1967-68, 1968-69, 1969-70 and 1970-71 under section 144 of the act on may 7, 1973. the petitioner received assessment orders for all the four years on may 10, 1973. the assessment for the .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-14-1975
Reported in : AIR1976HP1
..... petitioners nos. 4 and 5 reside at kandaghat they work for gain at those places. the petitioner no. 2 has a reference under the land acquisition act pending before the district judge at solan. the petitioner no. 6 is an advocate practising at nalagarh. except in the case of petitioner no. ..... 2, who is said to be interested in maintaining the writ petition because of the pendency of his land acquisition reference before the district judge at solan and the petitioner no. 6, who is an advocate practising at nalagarh, there is no specific ..... supreme court held that whatever objection the dealers may have had to the constitutional validity of section 9 of the andhra pradesh general sales tax (amendment) act, 1970 by reference to article 14 of the constitution, their agents had no locus standi to complain about discrimination between the principals inter se. ..... of criminal procedure we are therefore concerned only with the remaining notification, annexure 'c' issued under the himachal pradesh courts order, 1948 and the punjab courts act, 1918.7. it appears proper that we should consider the preliminary objection first. the writ petition has been filed by six petitioners. the petitioner ..... in maganbhai ishwarbhai v. union of india, air 1969 sc 783 the supreme court was concerned with a petition for a writ in the nature of mandamus or any other appropriate order or .....Tag this Judgment!