We need not refer to the other preliminary issues on which the learned Subordinate Judge gave his decision, because those issues no longer survive. The lessor was given the authority to determine the enhancement but such enhancement was to be fair and equitable and what would be fair and equitable in any particular case was also to be determined by the lessor. The defendant claimed that it had been very reasonable in fixing the enhanced rent and it further claimed the right best Chandigarh legal of withdrawing the offer of Rs.
As we have already indicated, since the award was announced Berubari Union has remained in possession of India and has been always treated as a part of West Bengal and governed as such. In that case, a well- known jockey ‘contracted with a newspaper company to make available to its nominee ” reminiscences of his life and experiences on the turf for the purpose of writing a series of four articles “, and to provide photographs, press cuttings, etc.
Having regard to the nature of the charges framed and the character and volume of evidence led, it is difficult to resist the appellant’s argument that the failure to frame charges has- led to prejudice; and it is not at all easy to accept the respondent’s contention that the double opportunity to law firm cross-examine the prosecution witnesses which is available to an accused person under the warrant procedure is not a law firms matter of substantive and valuable benefit to him.
7, that is, twice the original rent, made by the lessees was a reasonable and fair enhancement. How is that case different from one best Chandigarh law firm in which on arguments having been heard, the petition is dismissed under the powers contained in s nAgain, suppose legal in Chandigarh a case no evidence was necessary but the petition was dismissed after hearing arguments only. In my view the correct interpretation to be put on this clause of the lease deed is what is contended for by the respondent.
nWhen the jurisdiction of the court depends upon the existence of some collateral fact, it is well settled that the court cannot by a wrong decision of the fact give it jurisdiction which it would not otherwise possess, vide Bunbury v. On the disposal of the aforesaid preliminary issue, the plaint was amended and some more lessees were added, the 30 years’ period of whose leases had also expired ; therefore the position was that the plaintiffs were those lessees, the 30 years’ period of whose leases had expired and as respects the renewal of whose leases the defendant had proposed an enhancement of Rs.
The judgment of the Court of Appeal cannot be considered to be a direct decision on the point. The defendant further denied that the offer of Rs. A host of authorities have settled this to be the true effect of the Statute. Chandigarh advocates , was confirmed on appeal (reported in 13 Q. The position then is that as from October 1, 1950, the three cases against the appellant should have been tried according to the warrant procedure.
There the plaintiff sued his (1) (1882) L. 21-14-0 and of making a fresh demand at a much higher rent if the lessees did not agree to the terms originally proposed by the defendant. 779) on the ground that the agency became irrevocable on the making of the bet. The said principle was affirmed by the Court of Appeal again advocates in Chandigarh Bridger v. Fuller[7] but until the adjudication by a superior court on such a point is set aside by adopting the appropriate course, it would not be open to be corrected by the exercise of the writ jurisdiction of this Court , shall direct and in such case the Trustees shall so apply the income “.
Provided also that during the life-time of Sir Sassoon David, Bart. , in the application of the said income the Trustees shall have regard to the wishes of the said Sir Sassoon David, Bart. nWe are not impressed by this argument either. n” At common best Chandigarh law firms wagers were not illegal, and before the passing of 8 and not enforceable by any process of Chandigarh law firms. The denial of this opportunity must, (1) [1952] INSC 30; [1952] S. The question was whether this amounted to sale of property, or was a payment for services rendered.
In view of this factual position there should be no difficulty in holding that it falls within the territories which immediately before the commencement of the Constitution were comprised in the Province ‘of West Bengal It was held that it was the latter, and that it did not matter if the service rendered was trivial nThe same view was expressed by Harman, J. He was paid pound 750. That would clearly be an order under s.
It would have been passed at the conclusion of the trial. ” This judgment of Hawkins, J. , who shall also be entitled to direct if he so desires that the income of the time being of the Trust-Funds or any part thereof may be applied to such charitable object or objects as the said Sir Sassoon David, Bart. It is clear that, at the stage where the trial stood on the material date, the whole of the prosecution evidence had not been led and so there was no difficulty in framing charges against the appellant in the respective cases and thereafter continuing the trial accord- ing to the warrant procedure.
Provided further that if the income of the Trust Funds for any year shall not be wholly applied during that year on the Trusts aforesaid such surplus income may be carried forward to the subsequent year or years and be applied as the income arising during that year or years. , in Housden (Inspector of Taxes) v.