Court : Allahabad
Reported in : AIR1969All142
..... full amount of fee paid on the memorandum of appeal; .....'.admittedly and clearly section 351 mentioned in section 13 of the act is section 351 of the code of civil procedure 1859 which was in force in 1870 when the act was passed and enforced. that provision was in the following terms:--'if the lower court shall have disposed of the case upon ..... local needs and adapting the first schedule to effectively serve that purpose. it was pointed out by sir lawrence jenkins, c. j. in mani mohan mandal v. ramtaran mandal, air 1917 cal 657:'the body of the code is fundamental and is unalterable except by the legislature; the rules are concerned with details and machinery and can be more readily ..... general terms, but it has to be read in conjunction with the more particular provisions of the rules.'this court examined the question in karam singh v. kunwar sen, air 1942 all 387 and allsop, j. said:'it is manifest that the civil procedure code was framed in its present form, namely in the form of an .....
Tag this Judgment!Court : Allahabad
Reported in : [1966]61ITR57(All)
..... j. on the ground to which i have referred and the remaining grounds were disposed of by the observation that most of them had no force. the doctrine of res judicata does not operate where no appeal can be filed by a party because the relief sought by him has ..... be directed alternatively against others who stand in a representative capacity in relation to them. such persons have been described as 'representative assessee' by the act, and section 160(1)(iii) defines one class of representive assesses as :'representative assessee' means -(i)....................................(ii)...................................(iii) in respect of income which......... ..... iv)............................................'sub-section(2) of section 160 declares that every representative assessee shall be deemed to be an assessee for the purposes of the act.the petitioners say that they are not representative assessees within this definition for the assessment years 1959-60 to 1961-62 because the income relevant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All692
..... : 'the term 'judgment' in itself indicates a judicial decision given on the merits of the dispute brought before the court.' 87. in mohammad amin brothers ltd. v. dominion of india air 1950 fc 77, a single judge of the high court had granted an application for the winding up, of a company. the division bench had set aside the order and an ..... . while the suit was pending the bombay legislature passed an act prohibiting excommunication. the act came into force during the pendency of the suit. relying upon the act the plaintiff contended that that act rendered the order of excommunication ineffective. the defendant challenged the validity of the act, a preliminary issue was raised as to whether the act was ultra vires or not. this was decided against .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All145
..... the court to enquire into the allegations of mala fides and examine the question whether the authorities had overstepped their statutory powers, 11. section 9 of the northern india ferries 'act (act no. xvii) of 1878 runs as follows: 'all arrears due by the lessee of the tolls of a public ferry on account of his lease may be recovered from ..... implied bar of such a nature regarding property which, ex facie, belonged to somebody else. 25. where therefore, in pursuance of it certificate under section 46(2), income-tax act, forwarded to him the collector attached the properties of a firm which thereupon brought a suit contesting the liability of the properties for attachment and sale on the ground that ..... made in that case to the judgment of coutts-trotter, j. in best and co. ltd. v. collector of madras, air 1919 mad 715 at p. 716. in that last mentioned case, section 106(2) of the government of india act was set up as a bar to the suit. the court held that that section was a bar but pointed out .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All596
..... of want of cause of action.as has been held by the supreme court in harish chandra bajpai v. triloki singh, (s) air 1957 sc 444 (c), the provisions of chapter iii ofthe representation of the people act read as a whole clearly show that the word 'trial' is used as meaning the entire proceedings before the tribunal for the ..... . in some cases, however, the award on an election petition may be pronounced without recording evidence because at an earlier stage it is found that the petition has no force and cannot succeed.the decision that, after paras 4(a) to 4(e) of the petition had been struck off, no cause of action was left which could be ..... of using national symbols could only be relevant provided the national symbols had been used somewhere within the constituency. instead of indicating the exact place or places where the act of using national symbols was done, what the petitioner did was to mention the whole constituency.the mere fact that the actual place of user was somewhere within the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All244
..... of article 14. in any view of the matter therefore the municipal board is entitled to a relief under article 226 of the constitution and there is no force in the preliminary objection raised by the opposite party no. 1. 6. coming to the merits of the case it hasnot been seriously pressed before me that ..... the municipal account code dealing with the assessment and realisation of the octroi dues have been framed in, the exercise of powers under section 296 of the municipalities act. paragraph 131 of the municipal account code provides that subject to the exceptions contained in the proviso below, octroi shall ordinarily be levied on commodities included in ..... and manifestly erroneous. in order to appreciate this point it is necessary to refer to some of the provisions of the municipalities act and the municipal account code. section 128 of the municipalities act gives powers to the municipal board to impose an octroi duty on goods or animals brought within the municipality for consumption or use .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All136
..... . see state of west bengal v. subodh gopal bose : [1954]1scr587 and dwarkadas srinivas of bombay v. skelapur spinning and weaving co. ltd., 1954 scr 674: (air 1954 so 119) (k) (known as the second sholapur case).so even if it were a case of deprivation of property, as contemplated by article 31(1) and ..... different provinces. by a notification of the central government, chapters i, ii, iii and viii of the act were brought into force throughout india with effect from september 1, 1948. by another notification of april, 1, 1950, the provisions of sections 44 and 45 of chapter iv and the whole of chapter vii were applied to all ..... is not a payment for services rendered,'a definition which the supreme court in commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swamiar, 1954 scr 1005: (air 1954 3c 282) (e), considered brought out the essential characteristics 'of a tax as distinguished from other forms of imposition.the employer's special contribution under the employees .....
Tag this Judgment!Court : Allahabad
Reported in : (1957)IILLJ9All
..... was no proper compliance with article 311 of the constitution. the law on the point need not be reiterated. prior to the coming in force of the constitution under the old government of india act, 1935 there was section 240 in which it was provided that any civil servant could not be dismissed, removed or reduced in rank unless ..... be awarded to police officers. paragraph 478a provides that the punishment not ed at (a) and (b) in para. 478 which refer to dismissal or removal from the force and reduction in rank may be awarded only after departmental proceedings vide para. 400 to 494. paragraph 479 deals with the powers of various officers, paragraph 481 lays down ..... was posted at mainpuri district and while he was working at shikohabad as circle inspector he was reverted to the post of a sub-inspector of police in april 1950 and transferred to bulandshahr. in april 1952, while he was serving as station officer at police station nohjhil in the district of mathura he was suspended with effect .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All555; [1954]24CompCas388(All)
..... laying down that companies formed in contravention of the provisions of section 4 could not be wound up, his petition was maintainable. this argument has no force. part ix is intended to cover the cases of those companies which canlegitimately remain un-registered. in other words, it provides that companies consisting of not ..... the learned counsel for the petitioners contended that the question of maintainability of the petition could not be entertained by court. this contention is, however, without force. a question of law can be raised at any stage. in order to enable the learned counsel for the petitioners to prepare himself to meet this new ..... act 'company' means a registered company only and, therefore, part v could not apply to the winding up of un-registered companies though lawfully formed. the legislature, therefore, felt the need to enact special provisions in part ix to provide for the winding up of un-registered companies legitimately formed. in the circumstances, i find no force .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All808
..... by the learned counsel for the respondent, that an appeal in this case lay only to the district judge and not to this court. we therefore, see no force in the preliminary objection and reject it.16. for the reasons already given, we dismiss this appeal with costs.17. the connected execution appeal arose out of certain proceedings ..... court and in no other court. this position becomes apparent on a comparative examination of the language of this section and of that of section 5 (2) of the act. this latter section provides :'if, on the application of the judgment debtor, the court refuses to grant instalments, or grants a number or period of instalments which ..... point is that the mortgagor never pleaded in this case that, 'with the exercise of ordinary diligence' within the meaning of section 9 (1), u. p. debt redemption act, the mortgagee could have realised the amounts of those decrees for arrears of theka.the second, and perhaps the more obvious, answer to the contention is that, under the .....
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