Court : Allahabad
Reported in : AIR1937All96
..... to give them relief both during the suit and also after the decree, and legislation of this nature should be construed liberally to give the intention of the act as much force as possible. for these reasons, i consider that the application of the judgment-debtor is one which should be granted under section 30, sub-section (2) ..... that the legislature intended to grant relief to agricultural tenants, and there is no reason why it should refuse relief to persons whose decrees were passed after the act came into force. if this had been the intention of the legislature it would have been natural that the legislature should have statedin sub-section (2) : 'if a decree ..... (1), the amount decreed on account of interest.2. the court below interprets the words 'has already been passed' as meaning a decree passed before the act came into force. it appears to me that this interpretation of the sub-section is not correct. according to the laws of grammar and interpretation 'has already been passed' should .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All296
..... that it might have been the intention of the legislature to limit the application of section 5 to cases of debts incurred before the act came into force. the argument would proceed upon these lines. act 10 of 1937 does not of itself operate to stay proceedings in suits. section 8 operates to stay the execution of certain decrees for ..... plaintiff was not proved to be a money-lender, but that section 5, u.p. postponement of execution of decrees act (act 10 of 1937), was not applicable in the case of debts incurred after that act came into force and therefore the suit was barred by limitation. the section provides as follows:in computing the period of limitation prescribed by ..... grades of agriculturists, if those decrees are in respect of a debt or a liability incurred prior to the passing of the act. section 5 permits a creditor to wait until the act ceases to be in force before filing his suit, apparently for the reason that such a decree if obtained by the creditor would fall within the .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]33STC540(All)
..... ) adhiniyam, 1963, whichever is later, then without prejudice to any other liability or penalty which the defaulter may, in consequence of such non-payment, incur under this act, simple interest at the rate of eighteen per cent per annum shall run on the amount then remaining due from the date of expiry of the time specified in the ..... the appellate authority reduces the assessment, then the original assessment is vacated and the notice of demand already served on the assessee under section 29 of the income-tax act falls to the ground. in other words, the supreme court held that when there is a variation in tax a fresh notice of demand becomes necessary. in ..... tax officer, which power has been conferred only upon the appellate authority but the word 'enhancement' in the second proviso to section 8(1-a) of the act has not been used in that sense. the enhancement contemplated by that provision would also include the enhancement of tax as assessed by the appellate authority even though not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All222
..... the female heir of a statutory tenant must, of necessity, die after the coming into force of the act, for there were no statutory tenants earlier. it therefore seems to me that the same verb dies' which applies to female heirs of statutory tenants also cannot mean ..... that the expression that when a female...tenant dies 'which is in the present tense, should be construed as meaning 'where a female tenant had died before the act came into force.' i must give to the words their natural meaning unless there is something which compels me to depart from such a course. the second class of tenant namely, ..... it are beneficial to landholders while others are advantageous to tenants. statutory rights have been conferred on tenants who were in occupation of lands at the time the act came into force and their flimsy tenure has, by operation of law, been converted into at least a life tenancy. in section 24 a father has been added as an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All366
..... case passed no such decree though it could have done so because the decree was actually passed three days after the united provinces assistance of tenants act, 1932, came into force. this act received the assent of the governor of the united provinces on 27th june 1932 and the governor-general on 11th august 1932, and was published under ..... section 81, government of india act, on 26th august 1932. clearly this act was in force when the decree for rent in this case was passed as that decree is dated 23rd august 1932. that being so the assistant collector ..... arrears in question was not a decree 'already passed.' a decree 'already passed' must mean a decree passed before the act came into force, whereas the present decree was passed three days after the act came into force. section 4 in my judgment applies only to decrees for arrears of rent for the years 1337 and 1338 fasli which were .....
Tag this Judgment!Court : Allahabad
Reported in : 161Ind.Cas.52
..... present case passed no such decree though it could have done so because the decree was actually passed three days after the united provinces assistance of tenants act, 1932, came into force. this act received the assent of the governor of the united provinces on june 27, 1932, and the governor-general on august 11, 1932, and was published ..... under section 81 of the government of india act on august 26, 1932. clearly this act was in force when the decree for rent in this case was passed as that decree is dated august 23, 1932. that being so the assistant collector could ..... for arrears in question was not a decree 'already passed'. a decree 'already passed' must mean a decree passed before the act came into force, whereas the present decree was passed three days after the act came into force. section 4 in my judgment applies only to decrees for arrears of rent for the years 1337 and 1338 fasli which were .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All153
..... liable to pay. one of the matters enacted by section 28 is thatnotwithstanding anything in any contract to the contrary, no loan taken by an agriculturist after this act comes into force shall bear interest at a rate higher than that notified by the local government under sub-section (2) as the prevailing rate of interest for the particular class ..... of loan at the time the loan was taken.7. the section has no application to the loans taken before the date on which the act came into force. section 29 of the act gives certain reliefs to agriculturists in the matter of reduction of interest if the loan is repaid within a particular period. the legislature having made ..... section 30(1) enacts as follows:notwithstanding anything in any contract to the contrary, no debtor shall be liable to pay interest on a loan taken before this act comes into force at a rate higher than that specified in schedule 3 for the period from 1st january 1930, till such ditto as may be fixed by the local government .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All515
..... government of india, cotton textiles (control of movement) order, 1946, was passed on 5-1-1946 under the defence of india rules which were then in force. the defence of india act and rules came to an end on 30-9-1946. on 25-9-1946, ordinance no. xviii [18] of 1946 was promulgated by the government of ..... 3. this provision, therefore, clearly continued the order of 1946 which we have mentioned above. then followed the essential supplies (temporary powers) act, xxiv [24] of 1946 which came into force in november 1946. this act was similar to the ordinance mentioned above. it repealed the essential supplies (temporary powers) ordinance, 1946. but in section 17 (2), it ..... s. 1, of 21-6-1947. this notification is in pursuance of clause 10, cotton textiles (control of movement) order, 1946, as continued in force by section 17, essential supplies (temporary powers) act, 1946 (xxiv [24] of 1946). the charge-sheet in this case was submitted on 23-8-1947 and the sanction was given by the district .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC1
..... on the non-judicial stamp paper of rs. 100 but termination of the agreement being regulated by section 15 of the u. p. panchayat raj act read with the government order which has the force of law. the validity of the order terminating the grant can be questioned by the aggrieved party in a petition under article 226 of the ..... are no longer a contractual matter. it is now governed by the statutory provisions namely section 15 of the u. p. panchayat raj act read with government order dated 10.8.1999 which has the force of law being a provision having statutory flavour. in the instant case, the allotment of fair price shops in favour of the petitioner-appellant ..... cancellation of which is now governed by section 15 of the u. p. panchayat raj act, 1947 read with the government order referred to above which has the force of law. the government order is traceable for its source to section 15 of the act and article 162 of the constitution of india which provides that subject to the provisions of .....
Tag this Judgment!Court : Allahabad
Reported in : (1875)ILR1All355
..... not do away with limitation altogether. all that is contended is that the former application was practically reversed when a decree in the regular suit allowed by a. 246, act viii of 1859, reversed the order of the court executing the decree. it may be said that there are circumstances in the case referred to us, which are ..... but if so regarded, is, nevertheless, in substance and effect an application for the execution of the decree of the 23rd march 1871; and article 167, schedule 2, act ix of 1871, is applicable to it, and requires that it should have been presented within three years from the date of the former application above mentioned. it can scarcely ..... the limits provided by that article. but in my view article 167 does apply, inasmuch as the application of the 25th march 1875, was not a new or fresh act, but was in legal continuance of the application of june 1871, and in my judgment therefore article 167 applies constructively, the three years allowed by the article being reckoned .....
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