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...in the name of Eldee Velvet and Silk Mills — called for the sake of brevity “Eldee”. “Eldee” had advanced Rs 3,21,460 to another concern, the Bombay Fine Worsted Manufacturers' Castle Mills...— hereinafter called “Castle”. In Assessment Year 1951-52, the assessee claimed under Section 15-C of the Indian Income Tax Act 1922 exemption from tax in respect of 6% of the capital employed in “Eldee” as a...newly established undertaking and sought to include in the computation of the capital so employed Rs 3,21,460 advanced to “Castle”. The Income Tax Officer, Special Circle, Amritsar, and the Appellate...
...strict liability propounded in Rylands v. Fletcher (1861-73) All ER Rep 1, (1868) 3 HL 330? The Tribunal dismissed a claim made before it solely on the...the rule in Rylands v. Fletcher (1861-73) All ER Rep 1, (1868) 3 HL 330 can apply in motor accident cases. The said rule is summarised by Blackburn...think that the true rule of law is that the person who, for his own purposes, brings on his land, and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril...
...premises in dispute was given on rent by the appellant's father to the predecessor-in-interest of Respondent 2. After the death of appellant's father in the year 1953 the appellant, who was in...the landlord in possession—(ii) in case of a non-residential building or rented land, if—(a) he requires it...for his own use;(b) he is not occupying in the urban area concerned for the purpose of his business any other such building or rented land, as the case...
..., “guilt of his predecessor in interest” will suffice. The flouting of the law, the sin under the Rent Act must be the sin of the tenant sought to be evicted, and not that of his father or predecessor in...interest. Respondent inherited the tenancy, not the sin, if any, of his father. The law in its wisdom seeks to punish the guilty who commits the sin, and not his son who is innocent of the rent law...upon the death of his father. The plea raised by the appellant that the tenancy created in 1952 by the father of respondent rendered him liable to be evicted in the suit instituted by the appellant...
...near Kabir Bhavan. It is asserted that the sale was to one Resham Devi who is alleged to be the sister-in-law of the respondent. On the other hand this is disputed and it appears that she is the sister...-in-law of the brother of the respondent. The assertion of the appellant was that this was a benami transaction. On January 14, 1974, an application for ejectment was filed before the Rent Controller...increase of rent of certain buildings and rented land situated within the limits of urban areas, and the eviction of tenants therefrom, provides by Section 13(1) that a tenant in possession of a building or...
...1999 on 1-4-1999 for eviction of the appellant on the grounds of nuisance and bona fide requirement for himself contending that he was carrying on business of plastic goods and shoes in a rented...submitted that the High Court committed grave error in entertaining the second appeal though no substantial question of law was involved therein. As to whether the courts below have rightly...proper place of his business. A tenant cannot force the landlord to carry out his business in the rented premises of negligible dimension. Therefore, the judgment and order of the High Court does not...
...brothers, was in occupation of other rented premises in the same town at a place called Mohalla Malkana; that the respondents' father was himself in occupation of a separate rented premises; that ...were in all 10 brothers who, along with their families, were living together with their father.4. Appellant contested the claim, urging that the first respondent, one of the...to gratify that need. Landlord's desire for possession however honest it might otherwise be, has inevitably a subjective element in it and that, that desire, to become a “requirement” in law must have...
...liability has its origin in English common law when it was propounded in the celebrated case of Rylands v. Fletcher (1868) 3 HL 330, (1861-73) All ER Rep...undertakings. The basis of such liability is the foreseeable risk inherent in the very nature of such activity. The liability cast on such person is known, in law, as “strict liability”. It differs...1. Blackburn, J., the author of the said rule had observed thus in the said decision: (All ER p. 7E-F)“[T]he true rule of law is that the person who, for his own...
...respondent had advanced a loan to another concern, 'Castle'. The respondent claimed under s. 15C of the Income Tax Act, exemption from tax in respect of 6 % of the capital employed in 'Eldee' as a newly...established undertaking and sought to include in the computation of the capital so employed the amount advanced to Castle'. The Income-tax Appellate Tribunal directed inclusion of the amount advanced to...'Castle' in the computation of capital invested for the purpose of s. 15C. The Commissioner's application under s. 66(1) of the Act to the Tribunal to refer a question which arose out of the order of...
...where every man's home is considered his castle and every one must have an explanation for his presence elsewhere or in another man's castle. It is a most unsuitable expression in a country whose...not produce the receipt for payment of octroi duty for bringing the milk into the town and that he also admitted that the business was being carried on in the name of his father. The reasoning is so...ridiculous as to make further comment unnecessary. What is worse is that even the evidence of the witnesses examined by the accused shows that octroi duty was paid that day in the name of the father...
...injured, and although the death shall have been caused under such circumstances as amount in law to felony or other crime.
2...the English Fatal Accidents Acts 9 and 10 Vict. ch. 93 known as the Lord Campbell's Acts. Section 2 corresponds to one of the provisions in the English Law Reform (Miscellaneous Provisions) Act, 1934...expectation might well exist, though from the father, not being in need, the son had never done anything for him. On the other hand a jury certainly ought not to make a guess in the matter, but ought to be...
...the Respondent-Plaintiff had failed to establish that the said premises had been rented out to M. Abdul Aziz father of the Appellant-Defendant. On the other hand, the Appellant had been in possession...building and premises at Door No. 4 in R.S. No. 120/13 at Mela Senia Street, Aduthurai, Tamil Nadu.3. According to the Appellant, the Appellant's father purchased the suit premises...further contended that the suit premises had all along, been assessed to tax in the name of the Appellant-Defendant's father, Abdul Aziz, and not in the name of the Respondent Plaintiff or his father. The...
.... Shaikh Hasham (hereinafter referred to as “A-2”) was the father-in-law of the deceased, Shaikh Sikander (hereinafter referred to as “A-3”) was the brother-in-law while Zubedabee (hereinafter referred to..., Accused 2 to 4 i.e the father-in-law, mother-in-law and the younger brother of the appellant were also included in the list of accused. After completion of the investigation, the charge-sheet wa...deceased in the following words:“On the next day of incident, Ahmed Khan, his brother and my father-in-law came to my house and demanded from me Rs. 50,000...
...) 1 WLR 1381, (1971) 3 All ER 237 (HL)). In the same opinion Lord Wilberforce pointed out that law is not to be left behind in some island of literal interpretation but is to enquire...beyond the language, unisolated from the matrix of facts in which they are set; the law is not to be interpreted purely on internal linguistic considerations. In one of the cases cited before us, that...anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of...
...Netherlands, whereas plaintiff No. 2 is a company registered in India and is a joint venture company, promoted by SAB Group, to which plaintiff No. 1-company belongs. The trademark CASTLE, which was...Limited, which assigned worldwide rights in the trademark CASTLE to Avalon International Incorporate, which subsequently changed its name to SABMARK International Incorporated. Subsequently, SABMARK...CASTLE and CASTLE label in respect of beer in a large number of countries mentioned in para 6 of the plaint and also claims sale of US$ 1 billion. According to the plaintiffs, the trademark CASTLE...
...Punjab and Haryana refusing to review the order dated August 11, 1988 made in Civil Revision No. 2439 of 1980 on its file. The facts leading to the decision are that the respondent Gobind Ram, the father...challenge to a decree on the ground of nullity can be raised at any stage and even in execution. The courts below have committed manifest error of law in not considering the legal question in its...building or a rented land shall not be evicted therefrom except in accordance with the provisions of this section.”5. The other provisions are not necessary. The...
...of restraint under which no valid will can be made.
It cannot be laid down as a matter of law that because the attesting witnesses did not state in examination-in-chief that they...the part of the father towards the appellant and the members of his family, that. the recitals in the will could not be reconciled with this change of attitude, and that they must have been inspired...by the first respondent. We are unable to agree. It is one thing for a father who feels that he has been wronged by a disobedient son to wish him well in life, and quite another thing to give him any...
...the father of the other defendants in the year 1951 at a monthly rent of Rs 50. A Bhojnalaya was being run in the shop by the tenant. The plaintiff's father was running a sweetmeat shop in a ...dismissed.2. The demised property is a shop situated at a place in the District of Hoshangabad. It was let out by the father of the plaintiff to the husband of Defendant 1 and...premises the rent of which was Rs 225 per month. The plaintiffs father died in 1970. Sometime later the original tenant, the predecessor-in-interest of the defendants, also died. He had paid rent upto...
...accommodation at 2772, Subzi Mandi and that there was not a true disclosure of facts, the High Court examined the matter in detail. The High Court noticed that the father of the respondent, Din Dayal...Bhatnagar had rented the premises at 2772, Subzi Mandi from a trust in the year 1944 and thereafter he was residing in the said premises with his family. Din Dayal Bhatnagar died in the month of August 1980.... After his death, Rameshwar Sarup Bhatnagar, the original petitioner in the eviction petition continued to reside in that accommodation at Subzi Mandi where his father was a tenant. Rameshwar Sarup...
...Court was of opinion that the controversy whether Article 36 could apply to rule laid down in Rylands v. Fletcher LR (1868) 3 HL 330, [1861-73] All ER Rep 1 raises a...Constitution was in following terms:“The main question involved is that of limitation and whether the rule in Rylands v. Fletcher LR (1868) 3 HL...Article 120 applies and whether the rule of strict liability as enunciated in Rylands v. Fletcher LR (1868) 3 HL 330, [1861-73] All ER Rep 1 and as modified by the...