Court : Allahabad
Reported in : AIR1956All273
..... periods, of limitation prescribed by special or local laws or other rules of procedure having the force of law without examining the reasons for the view that section 15, limitation act, controls section 48, c.p.c. i may refer to the observations of lord goddarct in ' carmarthenshire county council v. lewis', 1955 ac 549 at p. 560 (s) in this ..... of 3 ind app 7 (pc) (n). i have already referred to this case. it does' not lay down such a wide proposition that the provisions of the limitation act control the periods of limitation prescribed by the code of civil procedure.83. iqbal ahmad, j. went into the question in greater detail and laid emphasis on the facts that the ..... referred to the case reported in '3 ind app 7 (pc) (n), and do not find anything to support the inference that a special act is not controlled by the general provisions of the indian limitation act only when it is of a very special kind, complete in itself, and when it does not admit of the several provisions of the indian .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All564
..... and such collector, deputy commissioner or other officer shall dispose of such claim in accordance with such rules as the-chief revenue authority may, subject to the general control of the appropriate government, from time to time, prescribe in this behalf.' 10. section 6 provides that: -- 'a civil court, otherwise competent fro try ..... holder and includes share in or of an estate.' 'land' has been defined as land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming. at this stage it will be convenient to give the definition of the word 'intermediary' also which with reference ..... in that area would automatically cease, the legislature would have used clearer words in section 6. chapter ii, u. p. zamindari abolition and land reforms act deals with the acquisition of the interest of intermediaries and the consequences of such acquisition. after the notification under section 4, the estates stand transferred to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All597; (1957)ILLJ32All
..... rules prevailing in sister concerns in the same industry and to revise the standing orders and to allow reasonable modification of the same.where an industrial tribunal has acted within the limits stated above, this court, in exercise of its power under article 226 of the constitution, will not substitute its own judgment and discretion ..... the ambit of their authority. their powers are derived from the statute which creates them and they have to function within the limits imposed there and to act according to its provisions. they are not benevolent despots. they must respect the pleadings of the parties and should not decide on irrelevant considerations or on points ..... maintenance of public order or supplies and services essential to the life of the community, or for maintaining employment.' (section 3 of the u. p. industrial disputes act).22. in the present case the governor of u. p. expressed his opinion in the notification by which he referred the dispute to the state industrial tribunal .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All1
..... be taken as a whole, and once a piece of evidence is admissible as an admission, the entire evidence is to be put in. if section 145, evidence act controls section 21, then the conflict of principles governing the importation of two kinds of evidence might lead to inconsistency. take, for example, a case where a party ..... limitation appears to be imposed by implication. 2. an examination of section 145 also shows that neither by express words nor by necessary implication does it control or limit section 21, evidence act. on the other hand, it shows just the contrary. 3. admissions being substantive pieces of evidence their admissibility is not dependent on the appearance or ..... the two questions will depend on the reply to the short question as to whether the provisions of section 21, evidence act are in any way controlled by the provisions of section 145 of the said act.having given my earnest consideration to this matter, i find it difficult to persuade myself to agree with the view that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All70; (1957)ILLJ44All
..... of the staff of the board. there is nothing laid down specifically in the regulations framed under the act to that effect. 23. the state counsel relied upon the educational code, chapter ii, the heading of which is the controlling and inspecting agencies. 24. clause 4 of the educational code provides that the director is head of the ..... be prescribed by the regulations. the secretary is, therefore, under the act the administrative officer of the board. 22. chapter iii of the regulations framed under the act lays down the powers of the secretary. there is nothing in the act or regulations giving power of control to the director of education over the staff of the board. the ..... director of education is the chairman no doubt of the board but the administrative officer is the secretary. the act which has created the board does not specify as to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All136
..... article does not apply to a case of mere deprivation of property unless there is a corresponding acquisition of the property by the state or a corporation owned or controlled by the state which, he says, is not the case here, as the amount is paid to the corporation and the corporation disburses it in providing for benefits ..... other areas like ajmer and coorg.on november, 24, 1951 all the provisions, mentioned above were applied to part b states and new chapter v-a, added to the act by act no. 53 of 1951, was applied to the whole of india except jammu and kashmir, on february 24, 1952 the rest of the chapters, namely, chapters iv, ..... the case of lower mainland dairy products sales adjustment committee v. crystal dairy, ltd., 1933 ac 168 (p), is instructive on this point. the dairy products adjustment act--an act of the province of british columbia--provided for the appointment of an adjustment committee for the purpose of insuring that products of milk received the same return whether the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All297
..... in managing the fields; barriers such as fences, hedges or ditches can be erected to obtain privacy and prevent trespassing, thieving and gleaning; control of irrigation and drainage water can be made easier; and the control of pests, insects and disease can be made less difficult. the consolidation of holdings is intended to encourage the development of agriculture.6. the scheme of the ..... act is as follows : 1. when a notification is issued placing a certain village or larger area under consolidation operations the first step to be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All155
..... not a toll levied on the vehicle. section 128, sub-section (vii) gives power to the board to levy a toll on vehicles and other conveyances, animals, and laden coolies entering the municipality.primarily, therefore, a toll is a tax on the conveyance and section 153 provides for framing regulations for the determination of ..... distress; (e) the rates to be charged for maintaining live-stock distrained; and (f) any other matter relating to taxes in respect of which this act makes no provision or insufficient provision and provision is, in the opinion of the state government necessary.' certain rules have been framed by the municipal board, ghaziabad ..... of india to be entered into regarding this railway siding.on the 10th of september 1953 a fresh agreement was entered into between the president of india acting through the northern railway administration and messrs. hindustan vanaspati manufacturing company limited, ghaziabad. the land for the siding was acquired by the railway administration and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All244
..... is necessary to refer to some of the provisions of the municipalities act and the municipal account code. section 128 of the municipalities act gives powers to the municipal board to impose an octroi duty on goods or animals brought within the municipality for consumption or use therein. section 296 of the act gives power to the state government to make rules consistent with ..... the act in respect of the matters described in sections 29, 95, 127 and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All241; (1958)IILLJ380All
..... regarded the matter as one of some difficulty, but it answered the question in the affirmative on the ground that the explanation to rule 49 of the civil service (classification, control and appeal) rules as in force in the state of bihar stated that the discharge of a probationer whether for some specific fault or on account of his unsuitability for ..... a woman with regard to whom it appears to have been alleged that the petitioner did pairivi on her behalf in a case under section 19 (f) of the arms act. charge no. 4 was that the petitioner had demanded a bribe from one ram bharosey for not proceeding with a case against him under sections 107 and 117 of the .....
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