Facts:

Habibur Rehman sold a house to Mushir Mohammed Khan for Rs. 1,000, with a separate agreement for reconveyance if the amount was repaid within two years. The High Court treated it as a usufructuary mortgage, leading to a redemption suit.

Issues:

Whether the transaction amounted to a mortgage or mortgage by conditional sale. The presence of a reconveyance agreement complicated the classification.

Held:

The High Court erred in considering the transaction as a usufructuary mortgage without accounting for the agreement of reconveyance. The three documents together did not constitute a mortgage by conditional sale as the condition for repurchase was not in the sale deed.( Para 6)

The Proviso to Clause (c) of Section 58 was crucial. It was held that the documents couldn’t be a "mortgage by conditional sale" due to the absence of the condition in the sale deed itself.( Para 14)

The High Court neglected the agreement of reconveyance in its analysis. While usufructuary mortgages require possession to be delivered, an agreement for reconveyance is not typical in such transactions.( Para 16)

Considering the sale for a significantly lower value than the original purchase price raised questions. The court highlighted the potential exploitation of financial adversity in such transactions.( Para 20)

Given the lack of settlement between the parties, the court provided a window for redemption. The defendant had three months to pay Rs. 2 lakhs (including rent arrears), failing which the appeal would be dismissed with costs.( Para 23)

Facts:

The appellant, a member of the Indian Army, filed for divorce on grounds of desertion by the respondent. The Family Court granted the divorce, but during the divorce proceedings, the respondent filed for maintenance under Section 125 of the CrPC.

Issues:

Whether a divorced woman, after a decree on grounds of desertion, is entitled to maintenance under Section 125, CrPC.

The applicability of Section 125(4) regarding maintenance and its conditions.

Held:

The provisions of Section 125(4) presuppose the existence of matrimonial relations. Adultery, refusal to live together without sufficient reason, or living separately by mutual consent are conditions applicable when the marriage is subsisting. Adultery implies the existence of marriage.( Para 6)

Despite the divorce, the respondent continues to be a "wife" for the limited purpose of claiming Maintenance Allowance under Explanation (b) to Sub-section (1) of Section 125, CrPC. A divorced woman, if unable to maintain herself and not remarried, is entitled to Maintenance Allowance.( Para 8)

A divorced woman has two distinct rights for maintenance. As a wife, she is entitled to maintenance unless she suffers from any of the disabilities indicated in Section 125(4). As a divorced woman, she can claim maintenance from her ex-husband. The obligation to provide maintenance continues post-divorce.( Para 10)

The application for maintenance filed during the divorce proceedings may not be applicable for the period prior to the passing of the divorce decree. However, the Court is inclined not to interfere in this specific short period.( Para 11)

Facts:

The appellant, a textile manufacturing company, imported cloth pieces of 100 meters length into the octroi limits of Nadiad town. These cloth pieces were subsequently cut into smaller sizes within the octroi limits and then exported.

Issues:

Whether octroi duty is applicable to cloth pieces brought into the octroi area, cut into smaller pieces, and exported.

Held:

The legal provisions state that octroi duty is leviable when goods are brought into the octroi area for consumption, use, or sale, not merely for physical entry.

Consumption and use involve the conversion of the commodity into a different commercial commodity through processing.

Cutting cloth pieces into smaller sizes, in this case, did not result in the production of a commercially different article; hence, it did not constitute consumption or use within the octroi limits.

Referring to precedents, the Court emphasized that for octroi to be applicable, there must be a transformation leading to a different commercial product.

The High Court's error was noted in concluding that cutting cloth added utility, as it failed to recognize that no commercially different article was produced by the cutting process.

Facts:

A Matador carrying cement was seized, and proceedings were initiated under Section 6A of the Essential Commodities Act.

The owner applied for interim release, granted on furnishing a bank guarantee.

The order was challenged, and a Single Judge directed release accepting a reduced bank guarantee.

State appealed, Division Bench dismissed the appeal.

Issues:

Whether the fine under the second proviso to Section 6A(1) is based on the market value of the confiscated vehicle or the market price of the essential commodity it carried.

Held:

The objective of the Essential Commodities Act is to deter illegal dealing in essential commodities.

Section 6A provides for seizure and confiscation for contravention of orders under Section 3.

The second proviso to Section 6A(1) limits the fine for release of the vehicle to the market price.

The ambiguity arises in determining whether the market price is of the vehicle or the seized essential commodity.

The measure of the fine is related to the market price of the vehicle, consistent with the scheme of Section 7.

The court observed that the analogy with the Customs Act is erroneous as it specifically mentions the market price of the smuggled goods.

The appeals were allowed, and the orders holding that the measure of imposing a fine would be the market price of the essential commodity seized were set aside.

Facts:

The appellants challenged the inclusion of CCA, DA, and HRA in their income for income tax purposes under the Income Tax Act, 1961. These allowances were provided, in addition to their salary and other perquisites. The High Court ruled that these allowances were taxable income, leading to the appeals.

Issues:

The appellant-assessees was that CCA and HRA should not fall under the definition of 'salary' as outlined in Section 17 of the Income Tax Act. They argued that the exhaustive definition of 'salary' was unnecessary if the intention was to include any payment received by the employee in its broadest sense. It was also contended that including these allowances as taxable income would cause hardship to honest employees.

Held:

The Income Tax Act, 1961, is a self-contained Code, and the taxability of any amount or allowance is determined based on the definitions provided in the Act. Section 2(24) gives a wide, inclusive definition of 'income,' and Section 17 provides an exhaustive definition of 'salary,' including perquisites and profits in lieu of salary.

The word 'profits' is used to convey any 'advantage' or 'gain' received by the employee, and the inclusive meaning of 'profits in lieu of salary' includes 'any payment' received by the assessee from the employer, even if it has no connection with the profits of the employer. Therefore, CCA, DA, and HRA are taxable income.

While it is acknowledged that CCA may not be considered 'profit' in common parlance, the definitions given by the Legislature in the context of income tax must be considered. The receipt of CCA, even if it reimburses less than the extra cost incurred by employees, is considered part of income by way of salary and is thus taxable.

Decision: DA, CCA, and HRA are held to be taxable income under the Income Tax Act, 1961. No specific order is passed regarding other allowances like night allowance, tuition fee, leave encashment linked with leave travel concession, and running allowance, as no arguments were presented on these issues.

Facts:

The appellant rented a shop in 1972, with subsequent rent increases and modifications.

Appellant desired changes for business, agreed to increased rent with additional facilities.

Appellant spent on renovations, but respondents failed to provide agreed facilities.

Respondents issued an eviction notice citing non-payment of increased rent.

Appellant contested, citing the understanding of increased rent contingent on additional facilities.

Issues:

Did the appellant wilfully default on rent payments as per Section 10(2)(i)?

Was the eviction notice valid, considering the ongoing dispute over rent and facilities?

Held:

The Rent Controller and Appellate Authority deemed appellant a wilful defaulter without proper consideration.

Explanation I to Section 10(2)(i) states wilful default matures only after 60 days from the notice. The eviction suit was filed within this period, making it premature.

The appellant deposited rent in court as per orders, demonstrating no wilful default.

The disputed rent for the period 1.4.1989 to 31.7.1989 was subject to ongoing adjudication; hence, non-payment during this dispute cannot constitute wilful default.

Wilful default requires intentional, deliberate, calculated, and conscious non-payment. The appellant's conduct and past history did not align with wilful default.

The court concluded that the appellant committed no wilful default; thus, the impugned orders were set aside, and the appeal was allowed.

Facts:

A rent agreement was entered into between the appellant (tenant) and the respondent (landlord) with a specific clause restricting the use of the tenanted premises for a specified business.

The landlord filed an eviction suit, alleging a change in the tenant's business contrary to the terms of the rent agreement.

Issues:

The interpretation of Section 10(2)(ii)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act 1960.

Whether a change in the tenant's business, not aligned with the specified purpose in the rent agreement, constitutes grounds for eviction.

Held:

The court focused on the specific clause in the rent agreement, emphasizing the use of the word "only" and the explicit restriction on the tenant from carrying on any business other than the one specified.

The appellant argued for a broader interpretation, suggesting that as long as the use remained commercial and did not damage the property, eviction should not be justified. The court rejected this, emphasizing the importance of specific clauses in the agreement.

The court concluded that the use of the words "shall be used by the tenant only" clearly indicated the parties' intent to restrict the use of the premises solely for the specified business and no other.

The judgment supported the lower courts' decision to decree eviction against the appellant based on the change of business contradicting the terms of the agreement.

Facts:

The appellants sought to reject the plaint filed by the respondents under Order 7, Rule 11, CPC. The respondents filed a suit for permanent injunction, damages, and destruction of material, alleging trade mark infringement. The appellants argued that the suit was barred under Section 69(2) of the Partnership Act as the plaintiff firm was unregistered at the time of filing.

Issues:

Whether Section 69(2) bars a suit by an unregistered firm enforcing statutory or common law rights.

The interpretation of the words 'arising from a contract' in Section 69(2).

Held:

Section 69(2) does not bar a suit by an unregistered firm enforcing statutory rights or common law rights.

The words 'arising from a contract' in Section 69(2) refer to contracts entered into by the firm with third-party defendants in the course of the firm's business transactions.

Decision: The appeal is dismissed as the suit is not barred under Section 69(2).

Facts:

Appellant owned two trucks covered by insurance policies.

Trucks were attacked by Bodo terrorists in Assam, resulting in their destruction and the death of a driver.

The area was declared a "disturbed area" under the Armed Forces (Special Powers) Act, 1958, and the TADA Act was enforced.

Issues:

Whether the destruction of trucks by Bodo terrorists qualifies as a "malicious act" under the insurance policy.

Interpretation of Endorsement No. IMT 21, excluding coverage for acts of terrorism.

Held:

The insurance policy covered loss or damage caused by a "malicious act." However, considering the circumstances, especially the area being a "disturbed area," the activity cannot be isolated. The risk arising from terrorist activities, as per TADA and Armed Forces (Special Powers) Act, is not covered.

Endorsement IMT 21 excludes coverage for mutiny, terrorism, and acts intending to overthrow the government. The destruction by Bodo terrorists falls within this exclusion.

The second part of Endorsement IMT 21 contemplates individual acts of terrorism or violence. Acts of Bodo activists aimed at overawing the government and causing terror fall under this provision.

Citing TADA Act definitions, terrorism involves acts intending to strike terror, and disruption includes various activities detrimental to the community.

Considering statutory provisions and circumstances, provision (b) of Endorsement IMT 21 did not cover the risk. The respondent is not liable for the loss caused by acts of terrorism.

Conclusion: The appeal is dismissed without costs.