Court : Allahabad
Reported in : AIR1961All531; 1961CriLJ586a
..... give our reasons for coming to this conclusion. 10. the main contention advanced before us is that parts of section 7 of the criminal law amendment act prohibit innocuous acts such as peaceful picketing and this violates the basic right guaranteed to a citizen. the argument needs a careful examination. there are two decisions of ..... movement, its organisers have not yet abandoned their attempt to paralyse government and to coerce law-abiding citizens.'it, therefore, appears that the criminal law amendment act, 1932 was a weapon placed in the hands of the executive authorities to check the attempts to paralyse government and to safeguard law-abiding citizens from ..... ; (d) to move freely throughout the territory of india.' the contention is that the underlined (here into ' ') portions of section 7 of the criminal law amendment act restricts these rights and, therefore, it transgreses the constitutional safeguards. we may as well quote clauses (2), (3) and (5) of article 19 of the constitution .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All604
..... possession to the plaintiffs against the defendants. the cases will, therefore, go back to the trial court and the plaintiffs of the two cases will be allowed to amend their plaint in the light of the above observation. the defendants will be allowed to raise such pleas in defence as may be open to them, and the ..... void. a suit for redemption may, in essence, be a suit for possession but the legislature, in providing a summary and speedy relief under section 12, agriculturists' relief act, could hardly have contemplated the case of a void mortgage, nor could it have contemplated that, in such summary proceedings, the court, like regular proceedings in a suit ..... by a statement of facts in each case. i shall first take up the revision application.2. this application arises out of proceedings under section 12, agriculturists' relief act and has arisen in the following manner. on 13th october 1900, ram adhin and drigbijai singh mortgaged an occupancy holding to sheo narain for rs. 1000/-. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1989All90
..... any further time. 7. learned counsel for the petitioner contended that the words restricting the application of the high court and supreme court judges (conditions of service) amendment act, 1986 to the judges who have retired on or after its commencement are discriminatory and violative o f article 14 of the constitution of india. in support of ..... of late justice bishambhar dayal at the rate of 27000/- per annum from 20th feb. 1987 (half of the pension payable to her husband in view of amending act no. 38 of 1986). 6. when this petition was presented on 5-1-1988 senior standing counsel for government of india accepted notice on behalf of the ..... in the case of a judge to whom this part applies and who has retired on or afterthe commencement of the high court and supreme court judges (conditions of service) amendment act, 1986, the foregoing provisions of this part shall have effect subject to the modifications that: -- (i) for para 2, the following paragraph shall be substituted, namely, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All848; [1952]22CompCas318(All)
..... transferred to this court under section 3 of the ordinance which has now been replaced by the banking companies (amendment) act no. xx of 1950.section 3 of the ordinance which is now section 11 of the act is as follows :'where any proceeding for the winding up of a banking company or any other proceeding, ..... thewords 'to the court which would have had jurisdiction to entertain such proceeding if this act hadbeen in force on the date on which the proceedingcommenced.'under the banking companies ordinance and the amending act, section 45 (c) was added to the act, the relevant portion of which is as follows :'notwithstanding anything to the contrary contained ..... in the companies act, 1913 (vii of 1913), the code of criminal procedure, 1898 (act v of 1898) or in any other law for .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1977
..... in certain circumstances inspite of death of one of several defendants/respondents and non-impleadment of his legal representatives, judgment may be perfectly valid.7. by the same amendment of 1976 it has been provided under section 141 c.p.c. that procedure provided therein in regard to suits shall be followed as far as it can be ..... lalloo who was the only revisionist was filed hence on the basis of argument raised in this application revision itself shall be deemed to have abated.6. through the amendment of 1976 order xxii rule 4(4) has been added in the c.p.c. by virtue of the said rule even if legal representatives of such deceased ..... tenants. there is absolutely no allegation that the tenants/surviving respondents in the writ petition at the time of hearing of writ petition colluded with the landlords and either acted against the interest of legal heirs of lalloo or ignored their interest.9. procedural law cannot be interpreted and applied in such manner that it becomes master instead .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1615; (2003)1UPLBEC200
..... from :(i) blindness or low vision ; (ii) hearing impairment ;(iii) locomotor disability or cerebral palsy.section 3 of the amending act is quoted as below :'3. amendment of section 3.--in section 3 of the principal act :(a) for sub-section (1) the following sub-section shall be substituted, namely :(1) there shall be reserved at ..... fighters, was provided to be two per cent each ; and for ex-servicemen, one per cent. the act was amended by the uttar pradesh public services (reservation for physically handicapped, dependents of freedom fighters and ex-servicemen) (amendment) act, 1997 (u.p. act no. 6 of 1997). it defined 'blindness' ; 'cerebral palsy' ; 'hearing impairment'; 'locomotor disability' ..... . in the counter-affidavit of sri tribhuban ram, engineer-in-chief, public works department, u. p., lucknow, it is stated that by amendment of u.p. act no. 6 of 1997, three per cent reservation has been provided for physically handicapped persons which comes to one per cent reservation for each of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All114
..... been specifically affirmed in two decisions of the supreme court. it would not be reasonable to say thateven though qamaruddin's case does not notice u.p. amendment act and the earlier decision of supreme court approving the full bench decision of this court, it must be deemed to have dissented or departed from earlier decisions or ..... the supreme court has declared that a revision is maintainable against an appellate order of the district judge made under o.43, though without noticing the u.p. amendment act, the matter requires to be considered by a larger bench to determine the effect of the said judgment on the state of law obtaining in this state.4 ..... sri vishnu awatar v. shiv awatar, air 1980 sc 1575 respectively. in vishesh kumar v. shanti prasad, the supreme court held that s. 115 as amended by u.p. amendment act assigns mutually exclusive jurisdiction to high court and district court and that recognising a revisional power in high court over a revisional order passed by the district .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC149
..... into consideration all major decisions of the apex court with regard to retrospectivity of an amending act. there is nothing to show that this amendment shall be deemed to have been always there from 11th december, 1993. neither it is shown that the said amendment was made by virtue of any ordinance so as to include barai in the ..... of tamoli before the election took place or nomination was filed.9. so far as the amendment of section 3 by inserting section 3 (a) through act 2 of 1993 is concerned, the same does not show that tamoli includes barai. an amendment which was brought about on 6th september, 1995, cannot be included in section 3 or 3 ..... . inasmuch as tamoli is also in some cases known as barai which is apparent from the clarification or amendment of the schedule to the u. p. public services reservation of scheduled castes and scheduled tribes and other backward classes act, 1995. according to him, both the courts below had failed to exercise their jurisdiction and overlooked the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All159; 1958CriLJ308
..... the provisions of section 423(1) (d), code of criminal procedure, which empowers an appellate court, when disposing of an appeal, to make any just or proper amendment or any consequential or incidental order.12. till sub-section (3) of section 522, code of criminal procedure was enacted in 1923, it had been held that a ..... however, observed --'had some order been passed by the trial court under section 522, criminal procedure code, then the appellate court acting under section 423, sub-clause (d) of the criminal procedure cnde, had power to make any amendment or any consequential or incidental order that might be just or proper and thus to interfere with that order.'nothing more ..... of revision are all the powers set out in section 423 of the code of criminal procedure. by act no. v of 1898 one additional power to those which already existed was added, namely, the power of making any amendment or any consequential or incidental order that may be just or proper. these powers, are very wide, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All350; 1960CriLJ774
..... government, the court of munsif created by the appointment of a munsif stands on the same footing as the court of a magistrate. the case was decided prior to the amendment in the cr. p. c. in 1923 but this fact make no difference. the case was approved in begu singh v. emperor. 11 cal wn 568 (fb). it was held ..... is not of any help because though it dealt with a permanent court, namely that of a sub-divisional magistrate, it dealt with the law as it existed before the amendment in the code adding section 559, cr. p. c. in jia lal v. phogo mal, 19 cr lj 914 : (air 1918 lah 53(1)), it was held that a city ..... enquiry necessary, it should itself hold it in exercise of its appellate jurisdiction and then decide whether the order should be maintained or quashed. the learned additional sessions judge, therefore, acted illegally in remanding the case to sri bhudeo gupta for further enquiry and all subsequent proceedings held by sri ram kumar were null and void. the illegal order of the .....
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