Court : Allahabad
Decided on : Jun-21-1957
Reported in : AIR1957All782; 1957CriLJ1361
..... be found on page 29 onwards of the paper book after stating the usual preamble, runs as follows :'now, therefore, in pursuance of the provisions of section 7 of the preventive detention act, 1950 (no. 4 of 1950) as amended from time to time, you sri ishaq ilmi are hereby informed that the grounds for your detention are, as stated below : 1. ..... of the constitution for the issue of a writ in the nature of habeas corpus directing the release of the petitioner who has been detained under section 3(1)(a)(ii) of the preventive detention act, 1950, as amended from time to time.2. in order to appreciate the various points arising out of the impugned detention order a brief statement ..... that the government was only secular in name and not in its actions, that it was of the major community, i.e., hindus, specially of brahmins, and that the army was non-secular in its composition as the number of muslims in the defence forces was going down day by day. (the relevant portion is . enclosed in red lines .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-06-1957
Reported in : AIR1958All345
..... opt for the new scale of pay which was to be effective from january, 1947. 3. by a letter dated 10th december issue by the controller, army factory accounts misc. section calcutta, the petitioners were given the benefit of 1947 rules. in accordance with the instructions issued in this letter the respondent fixed the pay of the ..... no right of action and are not entitled to any relief under article 226 of the constitution. article 309 provides that subject to the provisions of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the ..... article 310 of the constitution. the contention of the petitioner is that the governor general made certain rules in the exercise of his powers under section 242 of the government of india act, 1935. these rules have statutory force and if any of these rules are not observed it is open to the person affected by such .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-26-1957
Reported in : AIR1958All706
..... they were of the view that in a case like the one which they were dealing with relief can be obtained by the usual proceeding in ejectment and section 56of the specific relief act would bar such a suit for injunction.5. the next case which need be noticed is the decision in kanakasabai v. muttu, ilr 13 mad 445 ( ..... and that in such a case it cannot be held that an equally efficacious relief is otherwise possible and that therefore the suit is barred under section 56 of the specific relief act.it is obvious that the facts and circumstances of those cases were entirely different and there were special laws under which the plaintiff could obtain equally ..... opinion therefore veers round the proposition that where the defendant is sued as a trespasser, relief can be obtained by the usual proceeding in ejectment and section 56 of the specific relief act which provides for exceptional relief by injunction would come in the way of granting t a decree for mere injunction. we are of opinion that the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-23-1957
Reported in : AIR1958All390
..... (a) to (f) but also any representation made by any person already providing passenger transport facilities. it is therefore argued that inasmuch as section 47 (3) of the act contemplates the taking into consideration any representations made by persons already providing passenger transport facilities, by implication it has been enacted that the persons who ..... from before. their rights would be affected only if and when permits for the additional or the increased number of vehicles are given. section 47 (1) of the act requires that before such permits are given the regional transport authority shall take into consideration any representations made by persons already providing passenger transport ..... for plying a stage carriage on the same route. this permit is valid upto 1960. the petitioner's allegation is that this route was created in 1950 and originally the petitioner no. 2 alone was granted a permit for running the stage carriage on this route. the petitioner no. 1 however began plying .....
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