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 : Kolkata
Reported in : AIR1970Cal539
..... the government', as explained by the supreme court in the case, reported in raja bahadur k. c. deo bhanj v. raghunath misra, (1959) 2 sca 168 = (air 1951 sc 589), where, for being in the service of the government, two essentials of the relationship of the master and servant were held to be necessary. the servant ..... grant of a perpetual or permanent injunction, the aboverequisites, namely, the existence of a right in the plaintiff and its threatened violation or the threatened commission of an act to injure the plaintiffs right would have to be found. 15. every suit, therefore, for a perpetual injunction must involve a determination or a declaration to the above ..... suit can be held to be a suit, instituted under section 54 of the specific relief act (1877), which was in force at the date of institution of this suit. that section, which corresponds to section 38 of the new specific relief act, to quote its relevant part, reads as follows: '54. perpetual injunctions when granted.--subject .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker98
..... property other than agricultural land, and in that view the legislation was wholly intra vires the decision in 1950 scr 594 = (air 1950 sc 124} concerned the validity of section 9 (1-a) of the madras maintenance of public order act 23 of 1949, which authorised the provincial government to prohibit the entry and circulation within the state of ..... apart for establishing or maintaining such an institution could be taken away in entirety leaving no means for meeting the expenses necessary for the purpose. we see considerable force in this submission but we should think that, so far as rights to property are concerned, the sum-total of the guarantee afforded by the article is ..... of laws for the abolition of the large estates compendiously known as zemindars, estates properly so-called in the terminology of the laws relating to land tenures in force in the various parts of the country. from the point of view of the abolition of the rights of the zemindars, who were really intermediaries between the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1971MP59; 1970MPLJ937
..... single judge, arising from execution proceedings. it involves the ques-tion of interpretation of section 33 of the m. p. abolition of proprietary rights act, 1950, (no. 1 of 1951, hereinafter called the a. o. p. r. act). a division bench had heard this appeal and referred the case to a full bench. this matter was then heard by us.2. a mortgage ..... to 27 shall apply to any such claim.' section 24 runs thus:--'24. (1) the claims officer shall, notwithstanding anything contained in any other enactment for the time being in force, reopen all transactions made twelve years before the last transaction or before the 1st january 1932, whichever is earlier and, as far as may be, ascertain in respect of each ..... and tests to find out when the jurisdiction of the civil court is excluded are succinctly laid down by hidayatullah, c. j., in dhulabhai v. state of m. p., air 1969 sc 78.17. we have, therefore, reached the conclusions that (1) as soon as there is determination under section 24 of the a. o. p. r .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2251; 1972(0)BLJR523; (1971)1SCC556; [1971]3SCR639
..... court that the partition suit launched in 1943 should be allowed to proceed in view of the provisions of section 6 of the bihar land reforms act, 1950 which came into force on 25th september, 1950, is correct.2. the suit had a chequered career. it was instituted against a number of persons the main relief asked for being partition of ..... of an estate including bakasht lands and other lands filed a suit on their mortgage and tried to follow up the preliminary decree which was obtained before the act came into force by a petition for passing a final decree. one of the questions before this court was whether the mortgage decree had become unexecutable in view of the ..... justly payable to each creditor in respect of his claim.9. the court was there dealing with the rights of the mortgage creditors after the act had come into force. chapter iv of the act made special provisions for dealing with the rights of secured creditors and section 4(1)(d) expressly provided for the abatement of all suits and .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]43CompCas68(Cal)
..... being a director of the company again, and the injunction restraining the appellant from interfering with or intermeddling with the affairs of the company remain in force and are binding. the application for speaking to the minutes was disposed of by an order, dated september 2, 1969. in that application it was ..... been conferred upon the central government which arediscriminatory in nature, because in selecting persons against whom proceedings are to be taken, the central government might act arbitrarily, and pick and choose between one person and another at its sweet will cannot be accepted. circumstances which call for action, and conditions which ..... it was argued that in similar circumstances the central government might pick and choose among several persons and might commence proceedings under section 388b of the act against a particular individual, while ignoring same or similar charges against others. secondly, it was argued that after the tribunal had found several individuals guilty .....
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