Court : Allahabad
Reported in : AIR1954All381
..... that if a person sees cattle grazing on his field and attempts to capture them but the cattle escape from the field before he is able to bring them under control he should lose his right of taking them to the pound. this view is supported by a decision of lahore high court in -- 'waryami v. emperor', air 1928 lah ..... that the owner of the field had no right to seize the cattle. the learned judges observed as follows: 'in order to cover the act of the owner or occupier of a field who pursues a trespassing animal and captures it outside the field which has been damaged, the words 'cattle trespassing on such land' have to be given an extended meaning ..... to charni and roopa. the appellants, therefore, would be clearly guilty of the commission of the offence unless there is a reasonable ground to believe that they might have acted in the exercise of their right of private defence. the defence story that the fight took place over the plucking of mangoes in the grove is not supported by anything .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All538; (1954)IILLJ279All
..... to strikes, lock-outs, terms and conditions of employment, appointment of industrial courts, settlement of industrial disputes, and closure, non-closure and exercise of control over any public utility service or any subsidiary undertaking and similar matters. it cannot, therefore, be said that this section empowers the executive government to interfere ..... fundamental rights guaranteed by the constitution, but provided the legislature concerned does not abdicate its power of legislation by wiping itself out and retains its control so as to be able to withdraw the legislative power conferred on the subordinate authority whenever it considers it proper to do so,it is ..... fact alone cannot affect its validity. the remedy against delegated legislation is not judicial but political control with wnich courts have no concern. i am, therefore, clear in my mind that section 3, u. p. industrial disputes act, 1947, (act 28 of 1947) was not beyond tne competence of the legislature and cannot be declared .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All388
..... copies of the assessment order, or of any statement made therein in the proceedings held before him. the object of the provision in section 54 of the act appears to be that the proceedings would be of a confidential nature and the contents of any statements or order or other proceedings may not be disclosed to ..... before it any such return, accounts, documents or record or any part of any such record, or to give evidence before it in respect thereof.'section 74, evidence act, defines public documents, and section 76 states:'certified copies of public documents shall be issued by every public officer having, the custody of a public document, 'which ..... the income-tax returns and the assessment orders produced on behalf of the defendants-respondents, were inadmissible in evidence by reason of section 54, income-tax act, read with sections 74 and 76, evidence act, and reliance was placed upon a decision of a learned single judge of the calcutta high court in -- 'prematha nath v. nirade chandra' : .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All193; 1955CriLJ623
..... with the maintenance of public order.list ii of the seventh schedule of the constitution includes 'public order' in entry 1 and prevention of animal diseases and cattle trespass, irrigation and canals, protection of wild animals and birds, weights and measures, inns, theatres, betting and gambling, land revenue, taxes, affray and duty etc. in other entries. ..... is to the effect that the validity of an enactment is to be judged with respect to the provisions of article 19, if the legislation directly attempts to control a citizen's freedom of speech. but if the freedoms, enumerated in article 19, are restricted indirectly as a result of the operation of legislation, authorising ..... directly or indirectly, defeat or tend to defeat the provisions of the u. p. control of supplies (temporary powers) act of 1947, or the essential supplies (temporary powers) act of 1946, or of any order made under any of these two acts.the constitution had not come into force on the date of the decision of this case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All585
..... of texas', (1940) 84 law ed. 1124 (i), where it was observed that'connolly's case has been worn away by erosion of time and is no longer controlling.'20. no government can be carried on with out taxation. in taxing statutes, the presumption is that the legislature's predominant intention was to tax and the exemptions granted were ..... handlooms with artificial silk, linen, flax and cotton or wool. in october, 1951, the applicant was required to pay the tax under the u. p. sales tax act (u. p. act no. xv of 1948). 3. it is the applicant's case that the handloom silk cloth sold by it does not lose its character of handloom silk cloth by ..... is intended for the protection of desirable industries and the discouragement of the undesirable ones and, therefore, there is a rational basis for the discrimination and the impugned act has not become invalid under article 14 of the constitution. it has also been contended on behalf of the opposite parties that the impugned provisions of the various sections .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All638; 1955CriLJ1451
..... of illegal steps and one of the links of this chain is that the complainant had been brought to fatehpur since yesterday morning and is being kept in the police control since then. yesterday during day time he was kept at the residence and in the office of the deputy superintendent of police and was kept at the police station kotwali ..... used, but before some other court or person empowered to administer oath. see section 139, c. p. code and section 539, criminal p. c.the aforesaid control of the court over the deponent according to the rules of the evidence act is therefore not possible in the case of an affidavit. that appears to be the reason' why the preamble to the ..... offences. he was presented before the court, where proceedings in the arms act case had been stayed by reason of his having absconded, and sentenced to two years' r, i, it is the applicant's allegation that the s. p. and the d. s. p. under the directions and control of the s. p. took a very strange attitude from the very .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All258; 1956CriLJ579
..... legislature intended the government to confer the power only upon the person holding the post of district magistrate and no one else.under section 3, temporary control of rent and eviction act the district magistrate is empowered to permit a landlord to file a suit for ejectment of his tenant. in 'kedar nath v. mool chand', ..... district magistrate by virtue of section 10(2), i see no reason why the power of a district magistrate under section 3, control of bent and eviction act or under section 160, municipalities act cannot be exercised by an additional district magistrate, when section 10(2) of the code makes no distinction between the powers exercisable ..... 1950 all 556 (fb) (j) the subordination contemplated by the contempt of courts act was held to be judicial subordination. it so, the tribunal deciding appeals under section 160, municipalities act is not sub-ordinate to the high court, which has no judicial control over it. the decision in the case of 'bramha prakash (j)' was approved .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All63
..... for the same. we have, therefore, no hesitation in holding that the amounts in the hands of janki prasad were in the nature of deposits and article 60, limitation act applied to the case.as no demand was made previous to the institution of the present suit, the institution of the suit itself would amount to a demand and the ..... lie upon him to prove that there are additional circumstances which turned the loan' into a 'deposit'.'further on it was observed'there is no distinction in the act (referring to the limitation act) between the money lent and money deposited with regard to the agreement to repay. so that it is not the agreement that the money should be payable on ..... respect of it. they simply stated that there was no period of limitation prescribed for the return of the de-posite money & that if any article of the limitation act applied to the case, the period of limitation would run from 20-3-1944, the date of the dismissal of the application for the review of judgment by the chief .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All27; 1956CriLJ6
..... v deals with the construction, equipment and maintenance of motor vehicles and has only two sections 69 and 70. chapter vi (sections 71 to 91) deals with the control of traffic, and chapter vii has only one section 92, which deals with the motor vehicles temporarily leaving or visiting india. sections 93 to 111 from chap. viii ..... by drivers, owners and other persons, or in respect of vehicles to be governed by the statute. this chapter alone states what the offences are under the act and provides the necessary procedure and the penalties in respect thereof. the very first section 112 contains a provision which is wide enough to include within its ambit ..... this is a reference made by the sessions judge, gorakhpur, recommending that the conviction of the applicant bansraj under section 123 read with section 42 of the motor vehicle act be set aside. the prosecution case is that bansraj, a driver, was found carrying 23 passengers in a public carrier while the permit allowed him to carry only .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All94
..... 'inter alia', to suits relating to title to property, whereas such suits are not within the purview of section 92, civil p.c. or of section 48, muslim waqfs act. we are clearly of opinion that the. present suit could not be compromised without the sanction of the central board.it is conceded that no sanction was obtained from the ..... applies to the suit. it was urged by learned counsel for the respondents that section 51 must be confined to suits falling within the purview of section 48, muslim waqfs act.the section refers to suits in which the reliefsmentioned in section 92, civil p. c. are claimed andprovides that such suits may either be instituted bythe central board itself, ..... before us. first, that the decree passed by the court below was not a valid consent decree because it offended against the provisions of section 51, u. p. muslim waqfs act, no. 13 of 1936; and, secondly, that even if it was a valid consent decree, an appeal against it was not barred under section 96(3), civil p. c .....
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