Court : Allahabad
Reported in : AIR1951All564
..... , the learned munsif, while dealing with a number of applns made by one or the other of the parties to the suit, & by the sapurdar seeking to retain control over the properties, passed an order directing the erstwhile sapurdar to surrender possession over the articles in his charge to the ct amin. this was obviously with a view to ..... ground which has been pressed before us is that the learned dist. j. exercised a jurisdiction not vested in him by law. there is no question of his having acted in the exercise of his jurisdiction illegally or with material irregularity. the argument is that the appeal itself was incompetent & that consequently the learned dist j. had no jurisdiction ..... a suit.11. in a number of cases it has been held in this ct that an order of stay on an appln under section 7, u. p. encumbered estates act is a 'case decided' within the meaning of section 115, c. p. c., for instance, 'jwala prasad v. har prasad' : air1937all658 ; 'babu ram v. manohar lal : air1938all6 ; & ' .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All562
..... unfair & proper & reasonable rent of the premises in his occupation should not exceed rs. 26/- per month. the two suits were tried simultaneously. in the suit under the control of rent and eviction act, the learned munsif found that the portion rented to dr. kalani was worth only rs. 40/- p.m. & he made a declaration accordingly. the deft is dissatisfied ..... prayer was for fixation of reasonable rent of a part of the house known as rauni kothi in lal bagh, lucknow, under section 5 (4), u. p. (temporary) control of rent & eviction act iii (3) of 1947. the portion in occupation of the pltf dr. mangharam kalani, constitutes approximately two-thirds of the kothi. it was rented to him by the ..... house under the contract being admittedly rs. 1500/- the suit was not triable by the munsif. the contention is based on the provisions of section 5(4) of the act which runs as follows:'(4) if the landlord or the tenant, as the case may be, claims that annual reasonable rent of any accommodation to which the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All667
..... . 371 :'the visitatorial or superintending power of a s. c. is so necessary, & almost indispensable in a statute withdrawing cases under the statute from its control. when such a statute has been made a mere pretext, or has been wholly misapplied, the case should be treated as one not really arising under the ..... direction in a case under section. 145, cr. p. c. this ct. revised a subordinate ct.'s order passed under section 36 of the legal practitioners' act in chaturbhuj v. e. according to the special bench, which decided the case of balkrishna hari phansalker, the power of superintendence included that of superintendence not only ..... 442:'this ct. exercises a vigilant watch over the proceedings of inferior cts., & successfully prevents them from usurping powers which they do not possess, or otherwise acting contrary to law, it would seem almost a natural corollary that it should possess correlative powers of guarding them against unlawful attacks & interferences with their independence on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All63
..... legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.' rex v. electricity commissioners (1924) 1 k. b. ..... dealt almost exculsively with the jurisdiction of what is described in ordinary parlance as a court of justice. but the operation of the writs has extended to control the proceedings of bodies which do not claim to be, and would not be recognised as, courts of justice. wherever any body of persons having ..... authority; (2) that the authority should determine questions affecting rights of persons (3), that in determining these questions the tribunal should be under a duty to act judicially and (4) that in determining those questions there should be excess of jurisdiction. the observations of lord atkin, quoted above, make it perfectly clear that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All641
..... section 30 (2) that controls future interest if decrees have already been passed before the agriculturists' relief act came into force. he then consd. the language of section 4 & came to the conclusion that the words 'any decree' are not ..... judgment. he commenced his judgment by saying :'i may say at the outset that due to the loose & inartistic language used in she relevant provisions o the agriculturists' belief act a difference of opinion is easily possible.' 11. he then consd. the provisions of chap. iv, & particularly section 30, & came to the conclusion that it is ..... learned advocate has contended that too large a number of instalments have been granted & that, section 4 not being applicable to decrees passed before the agriculturists' belief act came into force, the civil judge had no jurisdiction to reduce interest.4. when the appln. came up for hearing it was found that there was a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All674
..... into direct relations with the actual cultivators by the acquisition of all the superior interests in agricultural land.'42. the effect of the impugned act is to vest the ownership & control of a considerable part of the material resources of the community in the state govt.; & in the absence of clear & convincing evidence to ..... necessarily contravene article 31(2).55. the state placed much reliance on the words 'notwithstanding anything in this constitution' which, it was argued, were the controlling words in clause (4), the submission being that it was those words which constituted the bar to the operation of article 14. in the view which ..... the state shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.'and article 48 that--'the state shall endeavour to organise agricultural & animal husbandry on modern & scientific lines . . . .'37. the distinction to which we have already refd. which has been drawn in some american cases between public .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All746
..... wherever any body of persons having legal authority to determine questions affecting the rights of subjects, & having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. thus certiorari lies to justices of the peace of a ..... person not ordinarily resident in west bengal; that the situs of the shares being in calcutta, the custodian has no jurisdiction to take control of them; & that, in any case, the evacuee property act is invalid on the ground of its inconsistencies with arts. 14 & 19 (f) of the constitution. on the side of ..... not a discriminatory piece of legislation. it is further claimed that the respondents who held public offices & are under the control & supervision, of respondent 1 have not violated any law or done any act which is ultra vires or without jurisdiction. the respondents further contend that the petitioner company had an adequate remedy under the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All99
..... the indian civil service, shri i. m. lall, who had been dismissed from service after an enquiry bad been held under rule 65 of the civil service (classification and control) rules. during that enquiry, the grounds, on which it was proposed to take action, were reduced to the form of definite charges which were communicated to shri lall and ..... have dealt, at great length with the question as to whether the government exercising its powers to make a declaration under section 8, u. p. court of wards act is acting in a judicial or quasi-judicial capacity or merely in an executive or administrative capacity. all the case law on this point was fully discussed and it was held ..... of a writ ob cerbiorari calling for all the records relating to the issue of a declaration under section 8(1) (d) (v). u. p. court of warda act, 1912 (act iv [4] of 1912) for the assumption of superintendence of his estate by the court of wards, to quash the declaration and all the proceedings connected therewith and to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All318
..... was, however, dispute about the reasonable annual rent.16. the expression 'reasonable annual rent' has been defined in section 2, sub-section (f) of the control of rent and eviction act, as follows:' 'reasonable annual rent' in the case of accommodation constructed before 1-7-1946, means: (1) if it is separately assessed to municipal assessment, ..... for such accommodation was unfair. this determination of reasonable rent was in the manner laid down and in accordance with the provisions of section 6, control of rent and eviction act; and it was absolutely necessary when the agreed rent was alleged and shown to be higher than the reasonable annual rent and it was not ..... which can affect the exercise of jurisdiction of the court to review its decision. in this case we find that the clear provisions of the control of rent and eviction act relating to the determination of the 'reasonable annual rent,' the pleadings of the parties, the issue relevant thereto, the evidence in the case and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All511
..... provision is placed is headed ''elections'. it begins by vesting in an election commission under article 324(1) the power of--: (a) superintendence, direction and control of the preparation of the electoral rolls for elections to parliament and to the state legislatures etc., (b) conduct of the aforesaid elections including (c) the ..... and the legislatures of the states, the qualifications of voters and the preparation of electoral rolls and matters connected therewith. the second representation of the people act was passed in july 1951 for the purpose of providing for the conduct of elections, the qualifications and disqualifications for membership of parliament and state legislature, ..... to the returning officer, not duly certified and his nomination was, therefore, rejected under the powers conferred on that officer by section 36(6) of the act. the candidate challenges the decision on a variety of grounds and in the application before us he has impleaded as opposite party no. 1 his rival .....
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