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It was held in the majority judgment by HidayatuIIah,J.as the learned Chief Justice then was,that though section 35 of the Delhi and Ajmer Rent Control Act was worded in general terms but it did not create a right to have the case re-heard | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court emphasised that the distinction between an appeal and revision is a real one | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A right to appeal carries with it right of re-heating on law as well as fact | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
unless the statute conferring the right to appeal limits the re-hearing in some way | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case is decided according to law | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The expression "according to law" in section 35 of the said Act referred to the decision as a whole,and was not to be equated to errors of law or of fact simpliciter | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court was of the view that what the High Court could see is that there has been no miscarriage of justice and that the decision was according to law in the sense mentioned | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Kapur,J.who delivered a separate judgment,however,observed that the power under section 35(1) of the said Act of interference by the High Court is not restricted to a proper trial according to law or error in regard to onus of proof or proper opportunity of being heard | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is very much wider than that,when in the opinion of the High Court the decision is erroneous on the question of law which affects the merits of the case or decision was manifestly unjust the High Court is entitled to interfere | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The revisional authority could ensure that there was no miscarriage of justice and the principles of law have been correctly borne in mind,the facts had been properly comprehended in that light | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If that was done in a particular case then the fact that the revisional authority or the High Court might have arrived to a different conclusion is irrelevant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This view had also been expressed in the decision of this Court in Puranchand v | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Motilal,[1963] | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Supp.2 S.C.R.906 1962 Indlaw SC 455 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This principle was reiterated in Krishnawati v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hans Raj,[1974] 2 S.C.R.524 1973 Indlaw SC 208 which was dealing with section 39(2) of the Delhi Rent Control Act,1958 in second appeal | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was observed that under section 39(2) of the said Act,the High Court could interfere in second appeal only if there was a substantial question of law | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In that case,the question whether the appellant was legally married no finding was necessary in the eviction suit | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was sufficient for the rent court to proceed on the finding that the appellant and S were living together as husband and wife,whether they were legally married or not | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was further held that whether there was subletting was not a mixed question of law and fact | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Phiroze Bamanji Desai v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chandrakant M.Patel & Ors.,[1974] 3 SCR 267 1974 Indlaw SC 282 the question involved was whether there was reasonable and bona fide requirement of premises for personal use and occupation as also the question of greater hardship under the Bombay Rent Act and the ambit and scope of the power of Section 29(3) of the said Act with which we are concerned came up for consideration | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bhagwati,J.as | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the learned Chief Justice then was,referred with approval the observations of Hidayatullah,J.referred to hereinbefore in Hari Shankar's case | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1961 Indlaw SC 157 (supra).Bhagwati,J.observed that the ambit of section 35(1) of the Delhi & Ajmer Rent Control Act which fell for consideration in Hari Shanker's case 1961 Indlaw SC 157 (supra) was the same as section 29(3) of the Bombay Rent Act and therefore,he expressed the opinion that the High Court could interfere only if there was miscarriage of justice due to mistake of law | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We must take note of a decision in the case of M/s Kasturbhai Ramchand Panchal & Brothers and Others v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Firm of Mohanlal Nathubhai and Others,AIR 1969 Gujarat 110 1967 Indlaw GUJ 57,upon which the High Court had placed great reliance in the judgment under appeal | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There the learned judge relying on section 29(2) of the said Act held that the revisional power with which the High Court was vested under section 29(2) was not merely in the nature of jurisdictional control | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It extended to corrections of all errors which would make the decision contrary to law | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The legislature,the learned Judge,felt,further empowered High Court in its revisional jurisdiction to pass such order with respect thereto as it thought fit | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The power according to the learned Judge was of the widest amplitude to pass such orders as the Court thought fit in order to do complete justice | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He dealt with the human problem under section 13(2) of Bombay Rent Act considering the relative hardships of the landlord and the tenant and to arrive at a just solution he was of the opinion that the court should have such wide field | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The jurisdiction of High Court is to correct all errors of law going to the root of the decision which would,in such cases,include even perverse findings of facts,perverse in the sense that no reasonable person,acting judicially and properly instructed in the relevant law could arrive at such a finding on the evidence on the record | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this view in our opinion the ambit of the power was expressed in rather wide amplitude | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As we read the power,the High Court must ensure that the principles of law have been correctly borne in mind | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Secondly,the facts have been properly appreciated and a decision arrived at taking all material and relevant facts in mind | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It must be such a decision which no reasonable man could have arrived at | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Lastly,such a decision does not lead to a miscarriage of justice | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We must,however,guard ourselves against permitting in the guise of revision substitution of one view where two views are possible and the Court of Small Causes has taken a particular view | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If a possible view has been taken,the High Court would be exceeding its jurisdiction to substitute its own view with that the courts below because it considers it to be a better view | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The fact that the High Court would have taken a different view is wholly irrelevant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Judged by that standard,we are of the opinion that the High Court in this case had exceeded its jurisdiction | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the case of Punamchandra Revashankar Joshi v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ramjibhai Maganlal,Gujarat Law Reporter | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1966),the Gujarat High Court after dealing with the Gujarat Amendment Act (XVIII) of 1965 observed that the Legislature has not intended to equate the ambit of the power with the one exercised in an appeal | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The authority vested in the High Court under the amendment still remained only in the domain of the jurisdiction and power of revision and no further | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The amending provision,therefore,only related to procedure and not to any rights of the parties | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court in the case of Bhai Chand Ratanshi v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Laxmishanker Tribhavan,[1982] 1 Rent Control Journal 2421981 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Indlaw SC 244 observed that where lower courts applied their minds properly in deciding a matter under section 13(2) of the Bombay Rent Act,the High Court could not substitute its own finding for the one reached by the courts below,on a reappraisal of evidence under section 29(2) of the Act as substituted by the Gujarat Act 18 of 1965.This Court reiterated that although the High Court had wider power than that which could be exercised under section 115 of C.P.C.,yet its revisional power could only be exercised for a limited purpose with a view to satisfying itself that the decision was according to law | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court could not substitute its own finding for the one reached by the courts below on a reappraisal of evidence | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the instant case the basic question is whether keeping in background the partnership deeds referred to hereinbefore and the facts that came to light,was there partnership or not | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sharing of profits and contributing to losses were not the only elements in a partnership,existence of agency was essential and whether there was a partnership or not is a mixed question of law and fact,depending upon the varying circumstances in different cases | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This view was reiterated by Chief Justice Beaumont,in Chimanram Motilal and another v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jayantilal Chhaganlal and another,A.I.R.1939 Bombay 410 1939 Indlaw MUM 155.Ramaswami,J.in Mohammed Musa Sahib (dead) and others v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
N.K.Mohammed Ghouse Sahib and another,A.I.R.1959 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Madras 379 1958 Indlaw MAD 820 observed that whether the relation of partnership between two or more persons does or does not exit must depend on the real intention and contract of the parties and not merely on their expressed intention | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He also referred to section 4 of the Partnership Act about the principles of partnership namely,(1) there must be agreement entered into by all the persons concerned; (2) the agreement must be to share the profits of a business; and (3) the business must be carried on by all or any of the persons concerned acting for all | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the instant case judged by the aforesaid principles,it is possible to hold that there was a partnership of which the appellant was a partner | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Court of Small Causes considered these principles,evaluated the evidence and held that there was in fact and in law a partnership | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such a view was not an impossible one or a perverse one | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If that was so,there was nothing that could be clone about such a view,within the ambit and scope of the power of section 29(2) of the Rent Act | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may mention that in Gundalapalli Rangamannar Chetty v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Desu Rangiah and others,A.I.R.1954 | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Madras 182,Subba Rao,J.as the learned Chief Justice then was,held that there cannot be a subletting,unless the lessee parted with legal possession | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The mere fact that another is allowed to use the premises while the lessee retains the legal possession is not enough to create a sub-lease | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the light of the aforesaid principles and the facts that have emerged,we are of the opinion that the High Court exceeded its jurisdiction under section 29(2) of the Rent Act | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are further of the opinion that the Court of Small Causes was right in the view it took | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and it was a possible view to take | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the result the appeal is allowed and the judgment and order of the Gujarat High Court dated 21st of August,1979 are set aside | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The order and judgment of the Court of Small Causes Ahmedabad dated 18th of August,1977 are restored | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The suit for possession is accordingly dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant herein is entitled to the costs throughout | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal Allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This appeal by special leave has been preferred by Tata Consultancy Engineers against an award dated 20th December,1978 of the Industrial Tribunal,Maharashtra,Bombay revising the wage scales of certain categories of employees and granting various other benefits | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Tata Consultant Engineers,at its inception,was a partnership firm but subsequently the partnership was dissolved and in 1974 the undertaking became one of the divisions of Tata Sons Limited | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It functions as a consulting organisation and a service industry,and does not manufacture any product or carry on trade | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Its work force consists of engineers and supervisors and different categories of workmen | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Out of 665 employees at Bombay,the draftsmen and the administrative staff number 306.These workmen are members of the Tata Consultant Employees Union | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They served a Charter of Demands in July,1974,on the appellant,and as their demands were not accepted and conciliation proceedings proved fruitless,the State Government made a reference of the dispute under s.10(1) (d),Industrial Tribunal,Maharashtra for adjudication | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Reference was numbered I.T.No.292 of 1975 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Union filed a statement before the Tribunal claiming an upward revision of the wage scales and dearness allowance and an increase from fifteen years to twenty years in the span for earning annual increments | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was urged that the Efficiency Bar,as a feature of the wage scales,should be removed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The dearness allowance,it was claimed,should be granted on a slab system | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The claim of the Union was resisted by the appellant,who maintained that the existing wage scales were fair and reasonable on a region-cum-industry basis and that it would not be possible for the appellant to bear the additional financial burden if the demands of the Union were accepted | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Reference was made to the political uncertainty in Iran which had placed an appreciable part of the appellant's business in jeopardy and to various other factors,peculiar to an engineering consultancy business,beyond the appellant's control | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There was fierce competition also,it was asserted,from other similar organisations | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant had introduced various pay scales in 1973 and some time later they were revised | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There was no separate dearness allowance until January,1977 when it was introduced for the first time | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
House rent allowance was also paid | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dearness allowance became payable at 10% of the basic wage subject to a minimum of Rs.50/ and house rent allowance at 30% of the basic salary | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Nothing those facts,the Tribunal observed that compared with the increased paying capacity of the appellant,an inference drawn from the prosperity enjoyed by the appellant over the years,there was definite need for revising the wage scales | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was pointed out that the dearness allowance and house rent allowance granted by the appellant made little impact in neutralising the cost of living | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The need for revising the wage scales was not disputed by the appellant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In proceeding to revise the wage structure the Tribunal took into account the two principles involved in the process,the financial capacity of the industry to bear the burden of an increased wage bill,and the prevailing wage structure on an industry-cum-region basis | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Wage scale statements were filed by the parties before the Tribunal pertaining to several engineering consultancy organisations but | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
in the absence of pertinent information concerning the strength of their labour force,the extent of their business,the financial position for some years,the capital invested,the precise nature of the business,the position regarding reserves,dividends declared and future prospects of the company,the Tribunal found that it was unable to rely on them as comparable concerns | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Holding it impossible in the circumstances to apply the principle of industry-cum-region basis,the Tribunal turned to a consideration of the financial capacity of the company to bear an additional burden in this connection,it proceeded on the footing that the appellant was a separate and independent division of Tata Sons Limited and had no "functional integrality" with the other divisions | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Having regard to the net profits earned by the appellant from 1968 to 1977 it found that the acceptance of the demands of the Union would result in an increased burden of Rs.7 crores,a burden which would dry up the appellant's resources and would be impossible for it to bear | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |