Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... (a) provides that the selection committee shall recommend to the executive council for appointment of the principal. thus the appointment of the principal of the school is also controlled by the executive council which is the principal body managing the affairs of the university. it is rightly pointed out by mr. upadhyay from section 10 sub-section ..... ordinance was placed before the visitor in usual and ordinary course of business of the university and it has not been disallowed or remitted by the visitor. animatedly, the respondent had no opportunity to file any counter affidavit. at the same time, no specific case has been made out in the pleadings that the matter ..... in the constitution of the selection committee should be referred to an authority instead of deciding the same by the court. since according to him, the state university act does not apply to banaras hindu university and section 68 students paramateric same as sub-section (7) of section 5. thus, those decisions also help mr. .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)227CTR(All)388; [2010]186TAXMAN88(All)
..... a person under the income-tax act, 1961, but what constitutes a local authority is defined in the general clauses act, 1897.16. in the instant case, the relevant words in the definition of the ..... . local authority is not defined in the income-tax act separately but however defined under section 2(31) of the general clauses act, 1897 as 'shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund'. thus a local authority is .....
Tag this Judgment!Court : Allahabad
Reported in : (1902)ILR24All257
..... the shia tow in the unreported case of syeda bibi v. mughal jan f.a. no. 300 of 1898 decided on the 24th january, 1902.18. faiyaz ali retained control over the property during his life, and could deal with it as he pleased. only upon his death could his will have any operation. the operation of the dedication was ..... shall reduce into writing in detail and specify the powers which i possess in respect of the management of the waqf property in a separate will, which should always be acted upon after my death. during my life i, the executant, myself will manage the property as a mutawalli (superintendent), and look after the affairs of the imambara and repairs ..... is good faith, and without any knowledge of the allege waqf.4. the learned district judge found that the waqf was valid, but also found that it had never been acted on. he, therefore, dismissed the suit. the plaintiffs appeal. they by their memorandum of appeal contend that there are no grounds for the finding that effect was not given .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All749
..... has led to an immense amount of unnecessary litigation, which, we hope, will end with our decision in this case. i entirely agree with the learned acting chief justice in holding that in all cases in which after the plaint has been presented and admitted within limitation and the court afterwards finds that the annual ..... section 392 a commission to make a local investigation may be issued if the investigation 'cannot be conveniently conducted by the judge in person.' further, as the learned acting chief justice has pointed out, the power of delegation of authority necessary implies existence in the court of the authority which it delegates. it is clear, therefore, ..... of section 28 would not be inconsistent with the provisions of section 10 or section 11. cases coming within section 10 or section 11 of the court fees act would arise only where through mistake or inadvertence of the court a plaint, which subsequently was discovered to be insufficiently stamped had been received, filed or used .....
Tag this Judgment!Court : Allahabad
Reported in : 6Ind.Cas.609
..... is open to me to suggest a reason, it may be that the legislature considered that when a plaintiff is the recorded proprietor, the court, which has the control of the record, title and the registers, is in a better position to investigate the claim of a person who is recorded than the civil court. all changes ..... conditions. to allow the plaintiff and defendant to challenge revenue courts' decisions in the civil courts would be an unnecessary multiplication of litigation, which the framers of the act clearly desired to prevent. on the other hand, one can understand why the legislature allowed the defendant to go to the civil court when it directed the revenue ..... intended than that which the words purport plainly to import, then let another act supply that meaning, and supply the defect in the previous act.'22. we have then to see whether the natural construction of the words 'shall presume' is by the context controlled or altered and whether or not any other meaning is intended than that which .....
Tag this Judgment!Court : Allahabad
Reported in : 40Ind.Cas.753
..... distance from the capital of the moghal empire. from the rule of the moghals the district of gurgaon passes under the control of the british government, and it belongs thereafter to a province where the bengal civil courts act enjoins upon the local courts to administer to muhammadan litigants the muhammadan law on questions of inheritance. it seems to lie ..... chief court as a particularly reliable record of custom; but we were referred on behalf of the defendants to another case in which the same court had refused to act upon it, in the absence of evidence as to the instances put forward at the time as the basis for the settlement officer's conclusions. when this settlement ..... jammya v. diwan 23 a. 20 : a.w.n. (1900) 181. this principle was, in effect, that the provisions of section 37 of the bengal civil courts act of 1887 forbade the civil courts of this province to entertain a plea that muhammadan litigants, admittedy governed in a general way by the ordinary rules of muhammadan law, were .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1917All381; (1917)ILR39All574
..... distance from the capital of the moghal empire. from the rule of the moghals the district of gurgaon passes under the control of the british government, and it belongs thereafter to a province where the bengal civil courts act enjoins upon the local courts to administer to muhammadan litigants the muhammadan law 0.1 questions of inheritance. it seems ..... chief court as a particularly reliable record of custom; but we were referred on behalf of the defendants to another case in which the same court had refused to act upon it, in the absence of evidence as to the instances put forward at the time as the basis for the settlement officer's conclusions. when this settlement ..... in jammya v. diwan (1901) i.l.r. 23 all. 20. this principle was, in effect, that the provisions of section 37 of the bengal civil courts act of 1887, forbade the civil courts of this province to entertain a plea that muhammadan litigants, admittedly governed in a general way by the ordinary rules of muhammadan law, were .....
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All1
..... he must do so in accordance with its terms. one of the objects of the section is that the jurisdiction of our courts shall not be invoked to control and supervise the administration of public trusts unless and until a responsible officer of government has satisfied himself that the matter is one which calls for interference in ..... the section. an ultimate dedication of property for the benefit of the poor would, i take it, certainly be a 'public' purpose. under the musalman waqf validating act (no. vi of 1913) the muhammadan community has obtained legislative recognition of the claim that, under the religious law binding upon a member of that community, he is ..... the words used by their lordships in disposing of the appeal do not suggest to my mind that they would have looked favourably on the suggestion that the act operated so as to validate past transactions, in the following cases the point has been considered and opinions have been expressed against the retrospective action of the statute .....
Tag this Judgment!Court : Allahabad
Reported in : 64Ind.Cas.910
..... were unable, without the permission of the court of wards, to make a will, it was, as we have said, under the provisions of clause (g), section 194, of act xix of 1873, that his property came under the control of the court of wards. the section embraces two classes of persons, those who have their property taken out of their ..... control in invites, and those who, of their own free will, apply for the protection pf the court of wards.6. under the 1873 act, no distinction was made between these classes of persons, all were disqualified proprietors. the sixth chapter of that ..... him on the marriage of his daughter. we may say at once that whatever may have been saleh khan's wishes as regards getting the estate freed from the control of the court of wards, there is not the slightest evidence to support the theory that he exercised undue or any influence in persuading the testator to make the .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All478
..... the local government put the court of wards in charge of the appellant's estate and prima facie that was within their powers. it continued to be under their control until the local government released it. it is not to be presumed, unless it is clearly proved by the appellant that the release operated retrospectively, so as to ..... 21st of july, 1915, the court of wards purported to declare the mortgagor a disqualified proprietor, and assumed superintendence of his estate under the united provinces court of wards act (act iv of 1912). on a date which is variously stated, but appears to have been the 21st of february, 1916, the decree was made final. on the ..... invalidate all the multitudinous acts which must have been done while the court of wards was in superintendence. their lordships are, therefore, unable to take any view different from that taken by the .....
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