Court : Allahabad
Reported in : AIR1949All718
..... them below:there are two cardinal principles in the construction of wills, deeds and other documents. the first is that clear and unambiguous dispositive words are not to be controlled or qualified by any general expression of intention. the second i3, to use lord denham's language, that technical words or words of known legal import must have ..... for the guardianship of his property, as we shall show a little later. parnavanand giri attained majority in 1930 and defendant 2, swami shib dayal, giri, who was acting as the manager of the property, handed over charge of the property plus rs. 10,000 to him. on 10th march 1932, parnavanand giri died. on his death, ..... philosopher was that the ascetics who presided over them should be men of vast learning and genuine piety, for he realised that it is only such men who could act as religious preceptors. they were held in great reverence both by prince and peasant and the history of their development shows that large presents, including grants of land, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All675
..... s cane : air1939all88 omitted to take into consideration the fact that the scheme of the procedure applicable to redemption of mortgages under chap, ill, agriculturists' relief act, is materially different from that prescribed by order 34, civil p.c.9. the general law applicable to mortgages and the procedure relating to suits for ..... . 5000. section 11 prescribes the procedure for recovery of possession of mortgaged property by a mortgagor under a possessory mortgage created after the passing of the act. section 12 is a general section which gives the mortgagor or other person entitled to institute a suit for redemption, irrespective of whether the mortgage was ..... by an agriculturist now dealt with in section 11. an application under section 12 for redemption of a usufructuary mortgage made prior to the agriculturists' relief act, which provides that the usufruct for the period of the mortgage is to discharge the principal and interest, is competent even though no deposit as required .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All543
..... that he is entitled to maintain a suit in respect of the property over which the probate would have effect under the provisions of section 242, succession act.'the reference is to section 242, succession act of 1925which is substantially the same as s. 283 of theact of 1925. in the present case it is the contention of the caveators that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All536
..... decree, the rule was subject to the qualification that, where the decree or order which fixed the time was not intended to to be final and the court still retained control over the proceedings, it might extend time. in this case, the order, in fact, was that'the plaintiffs must file the deficit court-fee within a fortnight from today ..... of the action. there is another form of order available and appropriate where the court thinks that severe term should be imposed namely, that on the failure to do certain acts within the specified time then 'the action do stand dismissed without further order.'26 again, in chandra goundan v. palaniappa goundan, a. i. r. (5) 1918 mad. 638; ..... in the suit, decreeing it if the amount was paid but dismissing it if it was not.13. referring to the 'investigation' mentioned in section 9, court-fees act, section 10 of it provides that:'(i) if in the result of any such investigation the court finds that nett profits or market value have or hag been wrongly estimated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All713
..... .'similarly, one finds on p. 185 of craies on statute law, edn. 4, the following passage, namely:'while express provisions in the body of an act cannot be controlled or restrained by the title or preamble, the latter may be referred to when ascertaining the meaning of a statute which is susceptible of different constructions.'the result ..... of denying a right of appeal in a case like the present will be to defeat the object of the u. p. debt redemption act and an ..... decree. the acceptance of the allahabad view leads to the further anomaly that whereas the right of appeal in prccessings under section 12, united provinces agriculturists' relief act is restricted to one appeal as provided by section 23, this right is automatically enlarged, conferring a right of first and second appeal only if the party seeking .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All341
..... the law relating to land revenue and the jurisdiction of revenue officers in the north western provinces and oudh' and that it was not an act which purported to control the rights and obligations of the public generally. the learned chief justice put to himself this question: 'had the legislature when it enacted this clause ..... in contemplation any other claims, other than claims which might be advanced by parties liable to pay revenue?' and his answer was 'i think not.' the learned chief justice went on to say:'the act ..... the judicial committee observed at page 532:'there is no doubt that the canal dues are realisable as revenue under section 45, northern indian canal and drainage act (act viii [8] of 1873), and therefore, the only question is whether this claim made by the plaintiff was a claim 'connected with or arising oat of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... 1939, was passed to consolidate and amend the law relating to motor vehicles in this country. we are mainly concerned with chap. iv of this act which deals with control of transport vehicles. section 42 (1) makes it necessary for the owner of a transport vehicle to obtain a permit and provides that the owner ..... free. nor can one further aspect of prohibition be ignored. it was urged by the appellant that prohibitory measures must be permissible, for otherwise . . . diseased cattle or noxious drugs could freely be taken across state frontiers. their lordships must therefore add that, but for this argument so strenuously urged, they would have ..... it was urged by the appellants that prohibitory measures must be permissible, for otherwise lunatics, infants and bankrupts could without restraint embark on inter-state trade and diseased cattle or noxious drugs could freely be taken across state frontiers. their lordships must, therefore, add what, but for this argument so strenuously urged, they .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All21
..... . he pointed out that it is no doubt true that a certain kind of common intention i.e., to co-operate in the doing of an act animating all the doers of the fractional acts is necessary for the working of the provisions of sections 35, 37 and 38, yet the common intention within the meaning of those sections was different ..... , the learned judge observed:'the court is bound to recognize that when a number of persons join together to assault another, each of them must realise that he cannot control his companions and measure the force of his companion's blows and each of them must necessarily be taken to intend an assault of such severity as the number of ..... court infers that the offender must have known that death was likely to result from his act ....... moreover, the court is bound to recognise that, when a number of persons join together to assault another, each of them must realise that he cannot control his companions and measure the force of his companion's blows and each of them must .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All181
..... ., meredith & ramaswami jj. in that case the patna hh. ct. had to consider the validity of the provisions of section l (3), bihar buildings (lease, rent and eviction) control act, 1947, which provided :'it shall remain in force for such period as the provincial government may, by notification, fix : provided that the provincial government may from time to time, by ..... in short, he was of the view that the principles laid down by the f. c. must be accepted & in accordance with those principles, section 1(3), bihar buildings control act must be regarded as ultra vires.28. lastly, we have the decision of a d. b. of our own ct. malik c. j. and wanchoo j., in the case ..... the f. b. in that case had to consider the provisions of section 1 (3), bihar buildings (lease, rent and eviction) control act, 1947, which were very similar to the provisions of section l (4), supplies act with which we are concerned in the present case. the majority decision of the f. b. was that the provisions were not ultra .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All205
..... discipline & conduct. the secretary of state had made civil services (classification, control & appeal) rules in exercise, of this power. under section 276, government of india act, 1935, those rules continued in force so far as they were consistent with the act until rules were made by the appropriate authorities in exercise of the power ..... conferred by section 241. consequently, the civil services (classification, control and appeal) rules ceased to have any effect ..... in 1941 when the governor of this province made the rules already referred to.12. it will be noticed that the government of india act contained no provision conferring a right upon a civil servant .....
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