Court : Allahabad
Reported in : AIR1951All864
..... were the only provisions in the code relating to exemptions from personal attendance of accused persons. section 540a was added in the code in the year 1923 by the amendment act xviii [18] of 1923. it could not be seriously urged that before section 540a was enacted the trial courts had no power to exempt an accused person from personal ..... court. we may say with great respect that we do not agree with all that was said in those cases, but the fact remains that the courts, before the amendment of the code in 1923, were exercising the power of granting exemptions in proper cases from personal attendance by accused persons. section 540a was enacted only to meet a ..... within the provisions of section 540a, cr. p. c. the application for exemption was rejected and, it was also remarked :'this is one of those cases which may act hardly on a particular person ; but in our opinion it would create a most dangerous precedent to grant exemption to the applicant for reasons which are not covered by section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All449; (1969)ILLJ247All
..... pressed into service in support of their respective contentions.55. in the present case, we are concerned with article 311(2), as it stood before being amended by the constitution (fifteenth amendment) act, 1963. on the material date. article 311(1) and (2) (omitting the proviso which is not relevant in the present case) read as ..... dealing with special appeal no. 809 of 1964.6. it may be mentioned at the outset that article 311 of the constitution of india was amended by the constitution (fifteenth amendment) act, 1963, which came into force in october, 1963. the order of discharge to be considered in the special appeal is dated 3-11-1961 ..... be noticed that the two orders of discharge were passed before the constitution (fifteenth amendment) act, 1963 came into force. consequently in each case we are concerned with article 311 of the constitution as it stood before its amendment by the constitution (fifteenth amendment) act, 1963. at the material time clause (2) of article 311 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All237
..... set off. it was contended in the appeal that being an 'equitable set-off no court-fee was payable. it was held :'article 1, schedule 1, court-fees act as amended by schedule 4, civil p. c. prescribes an ad valorem court-fee for any written statement pleading a set-off or counterclaim, and no exception is made in case ..... decision of the madras high court in lakshmanan chettiar v. ramanathan chettiar, 58 mad. 338: (a.i.r. (22) 1935 mad. 115) expressed himself thus :'set-off as amended includes an equitable set-off and the necessary court-fee must be paid thereon.' on a consideration of the relevant statutory provisions as well as the case-law reviewed above ..... good order, regard being had to article 1 schedule 1, court-lees act. it must be borne in mind that this article was amended at the time of the enactment of the present civil procedure code, act v [5] of 1908, and that rulings prior to the date of the said amendment must be very cautiously used.'no doubt these observations were in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All428
..... division bench ruling of this court reported in sarjoo prasad v. addl. district judge air 1975 all 13 (vide paragraphs 10, 11 and 12).9. the amendment made in section 39 by act no. 104 of 1976 should not make any difference to this legal position. it cannot be said that the munsif s court is not a court of competent ..... property is concerned, it could not be the intention of the legislature that an ejectment decree passed by a small cause court (under the local amendments of maharashtra and uttar pradesh which are prior to act no. 104 of 1976) would be executable neither by that court nor by a regular civil court.10. i thus find no force in ..... the decree. the decree holder opposite party no. 1 was the landlord of the suit property while the judgment debtors applicants were tenants. in view of certain uttar pradesh amendments suits by landlords for ejectment are now cognizable by small cause courts. it is contended by learned counsel for the petitioners that as the suit itself is cognizable by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All492; 1958CriLJ834
..... to confer the status of a sessions judge upon these special judges.28. for the reasons mentioned above, i am of the opinion that the criminal law amendment act (act xlvi of 1952) has createdspecial judges who differ from the sessionsjudges only in this respect that they follow adifferent mode of trial, but all the other ..... was determined by the applicable sections of the criminal procedure code. this system of trial for these cases continued for a few years and then in 1953 criminal law amendment act (act 46 of 1952) was enacted by which these special magistrates were converted into special judges. this change in designation was by itself highly significant for there ..... for the opinion which i have expressed.14. but before dealing with the relevant provisions of law i will first give the background of the criminal law amendment act, 1952 (act xlvi of 1952) by which these special judges were created. this in my opinion will be of great help in understanding the intention of the legislature .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All497; [1961(2)FLR598]; (1961)IILLJ204All
..... reasons to agree with learned counsel's contention that the meaning of this phrase must be restricted to the definition contained in the indian trade union (amendment) act of 1947. first, that act never came into effect. its first section provided that it would come into force on a date to be appointed by the central government by a ..... this phrase should be given a restricted meaning. he referred to the definition of 'unfair practice' contained in the indian trade unions (amendment) act 1947 (no. xlv of 1947). there is a special chapter in this act dealing with unfair practice. section 23 (1) defines unfair practice by recognised trade unions and section 28 (k) deals with unfair ..... any particulars or dates of these warnings, in spite of repeated questions by the court. it is significant that the warning of 10th september was in writing. act one stage of his argument learned counsel explained that such warning are useally given in writing. if that be so, there should be a written record of the .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC704
..... the election of the committee of management of the institution. according to sri t. n. tewari, unless the scheme of administration as framed under section 16a of the act, was amended, with the approval of the d.d.e.. no new' society could be substituted in place of gautam shiksha samiti.7. the above submissions have been repelled by ..... body of the said samiti were required to elect the members and office-bearers of the committee of management of the institution. it is also correct that no amendment in the scheme of administration has taken place. the logical conclusion which follows from the amalgamation of gautam shiksha samiti in sita ram trust would be that the ..... latter has come to be substituted in place of former. it would have been desirable if a formal amendment in the scheme of administration had taken place consequent upon the happening of the subsequent event, i.e., merger of the parent society into sita ram trust, but .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All484
..... the rashtriya swamasewak sangh, which body was declared an unlawful association in february, 1948, under section 17-a of the indian criminal law amendment act 14 of 1908 (to be referred hereafter as the act). kanchhi lal was probably also keeping the office of the sangh in this house and it was consequently taken possession' of by the ..... , if any, was that of the officers of the government who retained possession and not that of the government has no force. section 17-d of the act imposes a duty upon the state government itself to issue necessary directions for relinquishing possession over the notified premises before release order is issued, and if the state ..... sub-clause (1) of section 17-a was withdrawn. retention of possession after that date cannot, therefore, be said to be possession under the provisions of the act.7. section 17-d further provides:'before a notification under sub-section (1) of section 17-a is cancelled, the state government shall give such general or special .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All548
..... the constitution of india she was proclaimed a sovereign democratic republic on and from january 26, 1950. it was, therefore, necessary to amend section 44-a, and by the code of civil procedure (amendment) act, 1952 the definition of 'reciprocating territory' in sec. 44-a was enlarged to cover any country or territory outside india which the ..... of reciprocal treatment has been made by statute in several countries, a practical pre-requisite to the enforcement of foreign judgments. from the judgments extension act, 1868 in england to the administration of justice act, 1920 the principle of reciprocal treatment was consistently followed and later on attained full expression in the foreign (reciprocal enforcement ..... ) act, 1933 when the scheme was extended to the countries completely foreign in the political sense to the united kingdom. (e).19. in 1937, in .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC950
..... of ganpat roy and others v. additional district magistrate and others, 1985 (2) scc 307. i have gone through this case which deals with rule 8 as amended in 1977. the whole case has been dealt with in the facts and circumstances that the district magistrate did not allow three days time beforedeclaring the vacancy on the ..... letting, rent and eviction) act. 1972 as it stood at the relevant time. rule 8 as it stood at that time is quoted herein below :'8. ascertainment of vacancy.--(1) the district magistrate, shall ..... for the petitioner challenged the judgment primarily on the ground that since the tenant was not given any opportunity before the declaration of the vacancy under section 12 of the act and allotted the premises in favour of the applicant-respondent no. 3. therefore, there is clear violation of rule 8 of u. p. urban buildings (regulation of .....
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