Court : Allahabad
Reported in : AIR1948All252
..... given to that general provision of the law. in my opinion the court should be slow so to construe this section as to impose a restriction upon its obligation to act 'rightly and fairly according to the circumstances towards all parties involved.'46. in jai berham v. kedar nath 9 a.i.r. p.c. 269 a sale in execution ..... , had the right to vary or set aside the decree.21. learned counsel for the respondents has drawn our attention to section 574 of the old code of civil procedure (act 11 [xiv] of 1882) which provided that 'the judgment of the appellate court shall state, when the decree appealed against is reversed or varied the relief to which the appellant ..... as has been varied or reversed'. nor indeed does this duty or jurisdiction arise merely under the said section. it is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all parties involved. as was said by cairns l.c. in rodger v. comptoir d'escompte deparis (1871) l.r. 3 p .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All244
..... inclined lo be anxious to have it set aside.if i may say so, with great respect, it is not necessary to attain this object by giving a forced interpretation to the words 'case decided'. a revision can be entertained only on those special grounds of wrong assumption of jurisdiction, failure to exercise jurisdiction or irregular exercise ..... a 'case decided' piggott j. expressed the opinion that there were certain proceedings in the nature of a suit, for example, under the guardians and wards act, provincial insolvency act and the indian succession act etc., and those no doubt amounted to a ''case decided', the word 'case' according ( to him was a more comprehensive expression than a 'suit ..... the word 'suit' and would include not only suits but proceedings which are not suits bat similar thereto, such as proceedings under the guardians and wards act, religious endowments act and the like.16. in the case of a suit it was held in some cases that it was not decided till a decree was passed, and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All301
..... support of the view i have expressed above. the first case is in seshayyanagar v. jaimulavadin ('81) 3 mad. 66. it was decided in 1880 when civil procedure code, act x of 1877, was in force. its provisions were similar to the provisions of the earlier civil procedure code of 1859. it is observed:we are not prepared to follow the ruling cited in nusseroodddeen biswas ..... is one reported in nusseroodddeen biswas v. ujjul biswas ('72) 17 w.r. 68. it was a case decided with reference to the provisions of the civil procedure code, act 8 (viil) of 1859 then in force. section 376 in chap, ix, civil p.c., was:any party to a suit who may be unable to pay for the stamps required for the prosecution .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All336
..... of the creditors of the landlord applicant. be that as it may, the full bench decision being distinguishable, we are of the opinion that this preliminary objection has no force.9. mr. pathak on behalf of the appellant has urged that though the view taken by collister and bajpai jj. in sheo baran singh v. ranbir prasad : air1938all477 ..... applicant has been given the right to have a decree amended under the provisions of the u.p. agriculturists' relief act, 1934, within three months after the date on which chapter (3), encumbered estates act, came into force and the period from the date of his application to the date of the final disposal thereof is to be excluded ..... be entitled to take under the law for the protection of his interest.they went on to hold that there was no force in the contention of the decree-holder that the application under section 30, agriculturists' relief act was incompetent and was liable to be dismissed. they, therefore, allowed the revision, set aside the order of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All369
..... disturbance or if such disturbance has already occurred, to impose a curfew. section 4 empowers a police officer aot below the rank of $ sub-inspector to use such force as necessary, even to the extent of causing death, if in his opinion he cannot stop the commission, of certain offences during a communal disturbance, and section 5 ..... bank of commerce ltd. 34 a.i.r. 1947 p.c. 60. in that case the board had to consider the validity of the bengal money-lenders' act, 1940, an act of the bengal provincial legislature which, it was argued, was ultra vires in whole or at any rate where in any place it affected the law regulating negotiable ..... substance of the ordinance is the prevention of communal disturbances, a matter which falls within item 1 - public order - in list ii in schedule 7, government of india act, 1935, and within the legislative field of the provincial legislature and therefore of the governor. the tact, therefore, that such legislation incidentally touches, in section 10 upon a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All286
..... on behalf of the plaintiff-respondents that the appeal does not lie in this court and. the appeal should, therefore, be dismissed.4. section 217, u.p. tenancy act, (act no xvii [17] of 1939) provides that:a thekadar who has been wrongfully ejected from the whole or any part of the theka area, or wrongfully prevented from exercising ..... suits brought by a landholder against a tenant.6. the question is of first impression as there is no previous decision on the point. under the bonn-western provinces tenancy act (act ii of 1901) a thekadar had the same status as a tenant and the word ''tenant' was defined as follows:'tenant' includes a thekadar, but does not include ..... against the decree of the lower court could be filed in the high court. the definition of the word 'tenant', however, underwent a change in the agra tenancy act. (act iii of 1926). a tenant was there defined as follows;'tenant' includes a grove-holder, but does not include a mortgagee of proprietary rights, a rent-free grantee or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All225
..... be put in within one year after the date on which chap. iii of the act comes into force. chapter iii of the act came into force on 30th april 1935. all cases under the encumbered estates act, which could only be initiated by an application under section 4, encumbered estates act, had therefore, to be filed by 30th april 1936. the contention of learned ..... district judge in certain class of cases. this right of appeal was taken away by the agra tenancy act of 1926. the question for decision was whether in a suit that was instituted while the agra tenancy act of 1901 was in force, the right of appeal would be affected by the taking away of the right of appeal under the ..... . v. khwaj'a khalil ahmad a full bench of that court held that the provisions of the amending act did not apply. the order passed was dated 19th march 1938, which was prior to the date of the amending act which came into force on 30th september 1939. the order had, therefore, be-come final before the amendment was made, and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All367
..... r. (18) 1931 all. 507 f.b. a defect in presentation is mere irregularity. therefore, even if there were any force in the contention put forward on behalf of the appellant that the presentation of an application for execution by an unauthorised pleader is defective ..... where otherwise expressly provided by any law for the time being in force, be made by the party in person or by his recognised agent or by a pleader appearing, applying or acting on his behalf.this quotation was followed by the observation:it is ..... where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent or by a pleader appearing, applying or acting, as the case may be, on his behalf...:rule 2 defines ..... where otherwise expressly provided by any law for the time being in force, be made or done by the party in person or by his recognised agent, or by a pleader appearing, applying or acting as the case may be on his behalf:provided that any such .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All255; [1950]18ITR546(All)
..... no. 1 is that the loss of rs. 6,411 in the year 1939-40 in speculative business in calcutta could be set off under section 24 (2), income-tax act against the profits made in the speculative business by the calcutta branch in the year 1940-41.11. as regards question no. 2, my answer is that the bum of ..... manner with the object of making income therefrom, there appears to be no reason why it should not come under the definition of the word 'business' in the income-tax act which is as follows:' 'business' includes any trade, commerce, or manufacture or any adventure or concern in the nature of trade, commerce or manufacture.'7. in the case before us ..... forward, they allowed rs. 3,006 and disallowed' the balance of rs. 3,405. this they did by following the clear wordings of section 24 (2) of the income-tax act which says that such loss carried forward can be set off against the profits and gains if any of the 'same business.' it is contended on behalf of the appellant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All342
..... :'as from the appointed day . . . the suzerainty of his majesty over the indian states lapses, and with it, all treaties and agreements in force at the date of the passing of the act between his majesty and the rulers of indian states. ......' in the proviso to that sub-section, however, it is provided that :'notwithstanding anything in paragraph ..... of rajasthan living within the territory which was formerly administered by the tonk state and to offences committed within the same geographical limits. this argument is without force. the treaty was applicable to the territories administered by the tonk state. if the geographical limits of that state had increased by acquisition of territory, it ..... to surrender the applicant, but if it does so in pursuance to the provisions of the indian extradition act, its action cannot be regarded as illegal and the high court will not interfere. there is also some force in the argument advanced on behalf of the grown that even if it were to be assumed that .....
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