Court : Allahabad
Reported in : AIR1962All58
..... the 'proceeding' which commenced before sri visheshwari prasad mathur, sessions judge, on the 6th august, 1959 was a continuation of the trial which had started before the amending act came into force, or whether it was an. entirely new and different trial. the argument was that the trial which had commenced before sri onkar singh, sessions ..... trial of the accused should have been conducted with the aid of assessors. on behalf of the appellant reliance was placed on section 116 (d) of the amending act and it wag urged that the entire proceedings before the sessions judge ending in the conviction of the appellant were wholly void.3. b. dayal, j. considered ..... sri onkar singh since transferred.this time the trial of the accused commenced before the new sessions judge without the aid of assessors in accordance with the amending act. the sessions judge eventually convicted the appellant of the offences charged. the accused then filed an appeal to the high court from his conviction and sentence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All154; 1970CriLJ305
..... either party, issue a summons to any witness directing him to attend or to produce any document or things. the aforesaid section was amended by the criminal p. c. amendment act no. 26 of 1955. prior to the amendment of the section the parties had the right to examine witnesses in support of their respective cases. one of the changes effected by the ..... the provisions of sub-sections (4) and (9) of section 145 of the criminal p. c. observed:'the provisions of section 145 were amended with effect from 1-1-1956 by the criminal p. c. (amendment) act (no. 26 of 1955). previously affidavits were not allowed to be produced and witnesses had to be examined orally. now the law has been ..... amendment act, referred to above, was that provision was made for the filing of affidavits and the obiect underlying the aforesaid change was expedition in the disposal of cases and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All62
..... general, for relief with respect to public trusts. in the code of 1882, section 539, the same words 'direct interest' remained, but the word 'direct' was deleted by the amending act vii [7] of 1888. the code of 1908 also provides that two or more persons having an interest in the trust can file a suit. after the deletion of the ..... word 'direct' it was no longer necessary that a person should have a direct interest to enable him to institute a suit, and the amendment has thus widened the class of persons entitled to institute suits under the section. by omitting the word 'direct' and at the same time giving the right of suit only ..... advocate-general has urged that the trust was of a private nature and the suit under s. 92 of the code was therefore, not maintainable. after the mussalman wakf validating act (vi [6] of 1913) a waqf created for the maintenance and support of the family of the wakif, 'generation after generation, is valid, provided the ultimate benefit is .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC94
..... 18th september, 1981 passed by hon'ble the chief justice which provided that 'consequent upon the u. p. high court (abolition of letters patent appeals) (amendment) act, 1981, the following guidelines are prescribed to regulate the fresh institutions and listing of writ petitions in the various division and single judge benches constituted by me ..... 2)d) and article 323b(3)d). this part xiv containing article 323a and 323b was inserted in the constitution through section 46 of theconstitution (42nd amendment) act,1976. with effect from 1st march,1977. thus, without the said two articles, the jurisdiction of the high courts could not be excluded though however ..... of the constitution by state legislature. now u. p. public services (tribunals) act. 1976, was enacted on 1st may, 1976 by the state legislature. thus, this act was legislated before the 42nd amendment had come into force. then again, this act does not contain any provision which excludes the jurisdiction of the high court.12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All201
..... high court could be transferred to the district court. it was held that in the face of section 3 (1) of the u.p. civil laws (reforms and amendment) act (u.p. act no. 24 of 1954), it is impossible to hold that the district courts were competent to hear appeals of the valuation of rs. 10,000 or less in suits ..... decree or order was made exceeded ten thousand rupees but did not exceed twenty thousand rupees instituted in the high court before the commencement of the uttar pradesh civil laws amendment act, 1968, may be transferred by the high court for disposal to any district judge or additional judge subordinate to it' mr. a. banerji appearing for the appellants in ..... which, or in any proceeding arising out of which, the decree or order was made, whether instituted or commenced before or after the commencement of the uttar pradesh civil laws amendment act, 1968, did not exceed twenty thousand rupees, and (b) to the high court in any other case. (1-a) an appeal from a decree or order of a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All186
..... between parliament and the state legislature. the larger portion of the field is, however, allotted to the state legislature.9. evidently, section 3 (iii) of the amendment act, 1969 is prima facie intra vires the state legislature for the subject-matter of this particular enactment falls within entry 63 of list ii. nevertheless, the contention is ..... learned judge. during pendency of the appeal the state legislature has passed the uttar pradesh taxation laws amendment act, 1969 (u. p. act no. xi of 1969) (hereinbelow called the amendment act, 1969), section 1 (3) of this act provides that the act shall come into force on such date as the state government may by notification in the gazette appoint ..... entry of an advocate in the state roll is vested in parliament. so the learned judge allowed the writ petition and declared that the u. p. stamp (amendment) act, 1962, is ultra vires the state legislature.5. the present appeal has been filed by the state of u. p. and the junior secretary, board of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All158; 2003(3)AWC2028
..... section 115(2) is not applicable in the instant case. 13. since the impugned order was passed prior to the amendment of section 115, c.p.c. by the amendment act of 1999 with effect from 1-7-2002, the amended provisions has not been considered for deciding this revision. therefore, the revision is liable to be allowed. 14. in ..... nigam is not vested with the authority or jurisdiction to resort to the provisions of section 26-a(1)(2) of the u.p. urban planning and development act, 1973. since nagar nigam is governed by the provisions of nagar mahapalika adhiniyam and it is not vested with the authority or jurisdiction to take recourse to dispossess ..... properties. it has been pleadedby the plaintiffs/revisionists that the powers under section 26-a are vested with the authority under u.p. urban planning and development act, 1993 and not the authority under the nagar mahapalika adhiniyam. it has further been pleaded that the property in question is situated under the development area under the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All193
..... their representative and (2) must relate to the execution, discharge or satisfaction of the decree. learned counsel for the appellant referred me to the amendments made in section 47, c.p.c. by the civil p.c. (amendment) act, 1956 (act no. 66 of 1956). for the original explanation which was entirely different, the following explanation was substituted : 'explanation-- for the purposes of ..... whom a suit has been dismissed and a purchaser at a sale in execution of the decree are parties to the suit.' 8. on the strength of the above amendment is wag argued that the purchaser at a sale in execution of a decree was a party to the suit and consequently the dispute between him and the judgment-debtor ..... arrayed against each other or between one of such party and his own representative. the two must be pitted against each other in hostile camps. the effect of the amendment is only to treat the purchaser at a sale in execution of the decree as a party to the suit but its effect is not to place him in a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All218
..... twenty thousand rupees or above. in such cases the revisional jurisdiction lay exclusively with the high court. the statement of objects and reasons appended to the 1970 amendment act stated that this was to help in reducing the pressure of work on the high court.5. this, however, was not found satisfactory. section 115, c ..... full bench to the same! phrase occurring in the main section.19. previously section 25 of the provincial small cause courts act conferred revisional jurisdiction on the high courts. subsequently by amending act no. 17 of 1957 this revisional jurisdiction was taken away from the high court and conferred on the district court. the decision ..... were not immune but became amenable to the revisional jurisdiction of the high court. the statement of objects and reasons appended to this amending act stated that the proposed amendments were intended to clarify the legal position. obviously it was not intended to bring about any fundamental change in the legal position. after the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All398
..... his order dated 4-5-1987 held that shrimati manju gupta was inducted as a partner after 1st april, 1976 and the act was amended in 1976. in view of the amended provisions of section 14 of the act the tenancy stood regularised and there was no vacancy. a revision was field by the petitioner which too was dismissed on 27 ..... another residential building in the same local area, whether that other building is built or acquired or got vacated, before or after the date of commencement of the act, if the district magistrate is satisfied that the two buildings are occupied by the tenant and a member of his family separately, and that they are separate in messing ..... in dissolution of the partnership. the partnership was again reconstituted and surendra kumar gupta and narendra kumar gupta both minor sons of ram din gupta became partners. the act came into force on 15th july, 1972 and on that date ram din gupta, the original tenant was neither in possession nor the partner in the partnership firm .....
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