Court : Allahabad
Reported in : 52ITR201(All)
..... and the factory belonging to the debtor, ramjasmal navrangrai, were not available for the purpose of paying the assessees debt and 'the houses were probably mortgaged and the so-called factory was not worth very much'. the tribunal, therefore, held that the debt had become bad towards the end of samvat ..... expenses incurred in opposing an insolvency petition in which he was adjudged insolvent in the year 1938 by the bombay high court and in executing mortgage deeds relating to the compensation scheme. the expenses were incurred in the period 1938 to 1941. the income-tax authorities and the tribunal treated this claim to be a ..... relation to any state, the high court for that state;(b) in relation to the union territories of delhi and himachal pradesh, the high court of punjab;(c) in relation to the union territories of manipur and tripura, the high court of assam;(d) in relation to the union territory of the andaman ..... the accounting year as against the receipts of rs. 43,692-11-9 which represented the sale proceeds of the said lands. even under section 10(2) of the income-tax act, it might possibly be urged that the word expended was capable of being interpreted as expendable or to be expended at ..... to be incurred by the appellant in discharging a liability which it had already undertaken under the terms of the deeds of sale of the lands in question and was an accrued liability which according to the mercantile system of accounting the appellant was entitled to debit in its books of .....Tag this Judgment!
Court : Chennai
Reported in : (1989)2MLJ141
..... the re-enacted law. 56. the third decision on which he laid considerable emphasis is ram prasad v. state of bihar : 4scr1129 wherein the provisions of bihar sathi lands (restoration) act, 1950 were made inapplicable because on the face of the statute, there is no classification at all, and no attempt had been made to select any individual or a group ..... declaring as to what proportion of the trust property shall be attached to a particular object or whether the whole or any part of the trust property to be sold, mortgaged, exchanged or by setting a scheme or granting any other relief as the nature of the case may require; it would certainly apply its mind and take a decision one ..... , such as, the rule of harmonious construction, the rule that special shall prevail over the general, etc. 31. the following passage is relied upon in ram jawaya v.state of punjab : 2scr225 .12...the indian constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of ..... general provisions relating to judgments and decrees or to disposal of suits.21. when the court dismisses an application filed in a suit under section 19 of tamil nadu act iv of 1938, even though it was filed as an interlocutory application, it being an order which had not been made in execution proceedings but in the suit, it amounted to a .....Tag this Judgment!
Court : Andhra Pradesh
..... moveable and immoveable properties; these four cfis held pari-passu first charge over the moveable plant and machinery, and a joint mortgage by deposit of title deeds of the lands and buildings situated at plot no.8 and 9b in sy.nos.29, 39, 40, 41 and 436 of plot no ..... a statute is an edict of the legislature. the language employed in a statute is the determinative factor of legislative intent. (raghunath rai bareja v. punjab national bank (2007) 2 scc 230;shiv shakti coop. housing society v. swaraj developers air 2003 sc 2434). a provision must be construed according ..... merit acceptance. a clear distinction has been drawn in common law, between a security and an assignment. (ashby warner and co. v. simmons (1938) 8 cc 111). the principle that the burden of a contract cannot be transferred so as to discharge the original contractor without the consent of ..... price etc., as specified in contract or instrument. the word conditions is defined therein as qualification or restriction or limitation modifying or destroying the original act with which it is connected; an event, fact or the like that is necessary to the occurrence of some other, though not its cause; a prerequisite ..... , plotting and sale of immovable property. vidyut steels limited (the company under liquidation - hereinafter called the company) was incorporated under the companies act with the object of carrying on business in the manufacture of carbons, iron and steel castings etc. apidc was the co-promoter of the company .....Tag this Judgment!
Court : Delhi
..... can in no case bind the minor by a personal covenant. (2) the natural guardian shall not, without the previous permission of the court, (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such ..... (efa) (comm) 6/2016 page 98 of 115 bengal nagpur rly. co. ltd. v. ruttanji ramji [air1938pc67:65. ia66: (1938) 1 mlj640 and the decisions of this court in union of india v. west punjab factories ltd. [(1966) 1 scr580: air1966sc395 ; union of india v. watkins mayor & co. [air1966sc275 ; union of india v. ..... co.ltd. v. forestry commissioners, (1988) 1 w.l.r.959 the case related to an indenture granting a lease to the respondents on certain lands. the issue there was a construction of reservation of sporting rights which contained in the indenture. the question that arose is as to whether deer are covered ..... is not a type intended to be guarded against. a claim in tort cannot, in my opinion, be contrary to the statutory law of the land. the legislature of our country having provided for the remedy for precontract representation, no claim for damages for pre-contract misrepresentation can be maintained under the ..... to the authorities in english law.44. however, section 19 of the contract act does have a grey area. the learned author pollock and mulla has opined that there is a lack of clarity in the said section where restitution is not literally possible.45. this aspect was noted by the law commission .....Tag this Judgment!
Court : Guwahati
Reported in : AIR2009Gau174
..... which the claim for possession was founded. he drew the distinction that in a claim for possession it was the specific restitution of the property that was sought, but in an action for mesne profits the claim was for all loss suffered during ..... be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property.14. order ii, rule 2 speaks about all the reliefs, which could be claimed in the suit, should be ..... presented the second appeal challenging the decision of the first appellate court on issue no. 2 as stated supra before the punjab and haryana high court and ultimately it came up before a full bench of that high court. the full bench considering ..... damages and mesne profits in an earlier suit, which was instituted by them against the defendants, in respect of self-same lands, for partition, damages and mesne profits. the views taken up by the learned subordinate judge was that a second suit of ..... all 412, by the bombay high court in - 'laxmibai v. jagannath rayji : air 1932 bom 222 and in 'gandhar gopalrao v. sripad annarao' : air 1938 bom 231 (fb) and by the calcutta high court in - 'bipulbihari v. nikhilchandra' : air 1929 cal 566 and in -- 'kalidas rakshit v. keshablal' ..... 8 is quoted herein under. accordingly, the same is quoted herein under:8. there is no express provision in the tenancy act which requires a landlord to claim in a suit for renewal of a kanom deed mischavaram that may accrue due between the .....Tag this Judgment!
Court : Kolkata
..... imambara shall be leased except any unused graveyards in the states of punjab, haryana and himachal pradesh where such graveyard has been leased out before the date of commencement of the wakf (amendment) act, 2013. (1-a) any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: provided that ..... jainub bai hajee joosub (since deceased), a member of khoja sunnat community, became absolutely seized and possessed of or otherwise well and sufficiently entitled to the land, hereditaments and premises admeasuring 12 cottahs, 13 chittacks and 13 square feet situate at and being premises no.4c, auckland square, calcutta, now known as ..... 1 in accordance with the directions of the waqif contained in the said deed of waqf dated 20th february, 1938 as stipulated under section 32 of the waqf act, 1995 and to act in accordance with law; a writ of or in the nature of mandamus do issue commanding the respondent no ..... commanding the respondent no.1 to deliver to the petitioner no.1 an authenticated clean copy of the deed of waqf dated 20th february, 1938 made by jainub bai hajee joosub and to preserve the original of the said deed of waqf in the safe custody of the respondent no ..... building and one storied out-office on a portion thereof. jainab bai hajee joosub (hereafter the waqif) had executed a waqf deed on 20th february, 1938, in terms whereof she would be the first mutawalli during her life time. after her demise, her husband and son (mohammed sidick jamal, since .....Tag this Judgment!