Court : Allahabad
Reported in : AIR1969All248
..... as follows:--. 'a licence may be revoked by the grantor, unless- (a) it is coupled with a transfer of property and such transfer is in force; (b) the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in the execution.' 129. in view of our findings recorded earlier none ..... particular ceremonies provided the settlor has clly and unambiguously expressed his intention in that behalf, vide : [1956]1scr756 , jai dayal v. dewan ram saran das, air 1938 lah 686 and deeplal v. parashwanath digamber jain vidyalaya mahamantri shri gulabchand . we have already held that the intention of the donor was to make a gift ..... of the pious purposes for which the dedication is designed'. vide also the observations of sir ashutosh mookcrjce at p. 155. in hindu religious endowments board v. veeraraghavacharlu, air 1937 mad 750, varadachariar, j., dealing with this question, referred to the decision in ilr (1910) cal 128 and observed: 'as explained in the case, that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All15
..... (b) to the high court in any other case.' previously, clause (a) mentioned 'five thousand rupees.' the u.p. civil laws (reforms and amendment) act, 1954, which came into force on 30th november, 1954, repealed the figure five thousandand re-enacted in its place the figure 'ten thousand rupees'. so, previously an appeal lay to the district judge ..... on the ambit of the relevant provisions rather than on theoretical considerations,10. the privy council decision in canada cement co. ltd. v. east montreal (town of) air 1921 pc 219 is interesting. in that canadian case, the circuit court of montreal passed a decree on january 5, 1921, against the appellant. under the code of ..... present case, the original suit was filed in 1934. it was pending on, 30th november, 1954, when the u.p. civil laws (reforms and amendment) act, 1954, came into force. the execution application was filed in 1965. the decree sought to be appealed against was passed on 23rd december, 1967. it would be governed by the amended .....
Tag this Judgment!Court : Allahabad
Reported in : (1895)ILR17All438
..... words 'by any court' and the words 'in the exercise of.' to hold otherwise would have the effect of abolishing many appeals given by acts of the legislature passed before act no. xiv of 1882 came into force, e.g., an appeal to the high court from the district judge in this very matter, i am therefore unable to say that the ..... of 1882) to grant an extension of time forgiving notice of an appeal against an order of the district judge of allahabad refusing an application under section 214 of that act. an extension of time for filing the appeal was also asked for. the learned judge refused both applications being of opinion that no sufficient reason for granting them had ..... present appeal, which arises out of a right of appeal created by the indian companies act (act no. vi of 1882) in a matter entirely outside the .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All135
..... as, since the application was filed, the effect of the finding of the magistrate has become complete, this court cannot interfere with that finding. i am unable to admit the force of this contention. i can find nothing in the terms of the law to prevent this court from interfering with a conviction, even though, in consequence of the expiry of ..... , for instance, where a man's status is altered by his conviction, (as in convictions under chapter xii or xvii of the indian penal code, or under the common gambling act), or where, as hero, the convict's prospect of future employment depend in a great measure upon the existence or the annulment of the conviction.2. the learned judge then .....
Tag this Judgment!Court : Allahabad
Reported in : (1880)ILR2All533
..... nothing in that or the preceding section shall 'authorize a magistrate to entertain a complaint of an offence without sanction, where such offence by any law in force may not be entertained without sanction.' i may also point out that in section 466, * criminal procedure code, the sanction there provided must be given 'before the ..... the enlarged interpretation contended for by the junior government pleader. to do so would appear to me to open the door to the very mischief the act was intended to guard against namely, the indiscriminate institution of prosecutions by private persons for offences against public justice committed in contempt of and against civil ..... by any means be brought under our appellate or revisional jurisdiction. another difficulty has been stated, viz., whether under section 15 of the high courts' act this court has any control or superintendence over the revenue courts. that again depends upon whether the revenue courts are subject to our appellate jurisdiction within .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All461
..... of ritual. 'the musalmans who assume to themselves the distinction of orthodox, are such us maintain the most obvious interpretation of the kuran and the obligatory force of the traditions in opposition to the innovations of the sectaries, whence they are termed sunnis or traditionists...and it is their opinion alone which is admitted ..... public prosecutor laid considerable stress upon the argument that to justify a conviction under section 296, indian penal code, it is of no consequence whether the act which causes the disturbance is in itself lawful or unlawful, that the mere fact of the disturbance being caused to the religious assembly is sufficient to constitute ..... the question of legality or illegality would fall under the purview of the express guarantee given by the legislature in section 24 of the bengal civil courts act (vi of 1871), that the muhammadan law shall be administered with reference to all questions regarding 'any religious usage or institution.' that the application of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All44
..... of natural justice and this is not one of those. support is sought in the decision given by desai, j. in state of u.p. v. sudarshandeo, air 1963 all 358, in which it was held that a person who had occupied the post of supervisor of agricultural schools could not count his service in that post for ..... irresponsible manner and disobeying the directions and orders issued to him by the high court acting on the judicial side in the exercise of its writ jurisdiction.7. my conclusion regarding the preliminary objection raised by the respondents, therefore, is that it is without force. i am fully satisfied that the high court has the power to issue writs against ..... any definite opinion on the subject -- vide pradyat kumar bose v. chief justice of calcutta, air 1956 sc 285, para 14 and himansu kumar bose v. jyoti prokash mitter, air 1964 sc 1636, para 18. in parmatma sharan v. chief justice of rajasthan, air 1964 raj 13 also the question was left unanswered. reference has been made in the course .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All561
..... . the ordinance was repealed by the u. p. municipalities (amendment) act (no. 11 of 1949). the act came into force on march 16. 1950. section 1(2) of the act is not like section 1(2) of the ordinance. section 1(2) of the act declares that the act shall come into force at once. so the act did not take effect from any back date. section 333 substituted ..... by the act is substantially similar to section 333 substituted by the .....
Tag this Judgment!Court : Allahabad
Reported in : 1977CriLJ845
..... sub-section (2) of section 484 of the new code, in my opinion, clearly applies to the instant case inasmuch as, admittedly, on the date when the new act came into force the proceedings under chapter xix were pending before the court.9. so far as clause (b) of sub-section (2) of section 484 is concerned, the same is ..... giving an opportunity is a mode of trial! is borne out from the observations made by the supreme court in the case of santa singh v. state of punjab air 1976 sc 2386 : 1976 cri lj 1875. if the submission of the applicant's counsel is accepted then the applicability of the provision cannot he restricted only to pending ..... trials but also to cases which had already been decided before the coming into force of the new act, which is never intended by the parliament.12. for the reasons given above, i do not find any substance in this application for review, which is, accordingly .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All209
..... the same date and also that the proceedings in the suit remained pending within the meaning of section 7 (1)(a) since up to the time, when the act came in force, the preliminary decree alone had been drawn and no final decree had been prepared. the basic question remains whether on this basis, the decree-holder is entitled to ..... immoveable property is encumbered,except an appeal, review or revisionagainst a decree or order shall be stayed,all attachments and other execution processes issued by any such court and thenin force in respect of any such debt shallbecome null arid void, and no fresh process in execution shall, except as herein after provided, be issued; (b) no fresh ..... may 14, 1936. in certain connected suits, the matter was taken further in appeal to the privy council whichdecided the same on june 15, 1942. the decision is reported in air 1942 pc 67 (68) (bank of upper india ltd. v. robert h. skinner). no appeal to the privy council was, however, filed by any of the parties against .....
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