Court : Allahabad
Decided on : Feb-05-1954
Reported in : AIR1954All624
..... . vi c. 13) came into force. by section 17(1) of this act the jurisdiction of indian courts to pass decree for dissolution of marriage under the indian and colonial divorce jurisdiction act in petitions presented after the aforesaid date was completely taken away. the indian independence act was repealed on 26-1-1950, when the constitution came into force,12. if ..... the wife's domicile always follows that of her husband. the respondent came out to india about thirty years ago. he was formerly a warrant officer in the army but later on he gave up that service and took up employment with the railways. at the time of his marriage with the petitioner in ..... , reference may also be made to the indian matrimonial causes (war marriages) act (xl of 1948). although the respondent, was, at one time, a warrant officer in the army, this act does not apply to the present case because (1) the respondent had ceased to belong to the army before his marriage and (2) the marriage was not solemnised during the ' .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-12-1954
Reported in : AIR1955All113
..... 1scr565 , where their lordships pointed out that article 227 restored to the high courts power of judicial superintendence which they had under section 15. high courts act, 1861, and section 107. government of india act. such power, their lordships pointed out, had to be exercised most sparingly and only in appropriate cases in order to keep the ..... 227 would, more broadly, seem to be to secure administrative supervision not easily exercisable by writs, directions or orders, over all courts or tribunals (excepting army tribunals) within its jurisdiction.' and further he said: 'articles 226 and 227 are thus supplementary to each other. the emphasis under article 227 is on ..... v. joma kashinath', 7 bom 341 (fb) (z4); -- 'ryots of garabandho v. zamindar of parlakimedi air 1942 pc 164 (z5); 'province of bombay v. k. s. advani : [1950]1scr621 . the law of extraordinary legal remedies by ferris, 1926, p. 255, short & mellors' practice of the crown office, 1890, p. 19, -- 'ex parte bradely', (1868) .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-22-1954
Reported in : AIR1954All753
..... 1179, and is dated 11-10-1952, was in the exercise of the powers con-ferred by section 117, u. p. zemindari abolition and land reforms act, 1950 (u. p. act i of 1951). section 3. sub-section (3) of the u. p. private forests act, 1943, with which we are concerned defines 'forest' as meaning any land which the state government ..... may bv notification declare to be a 'forest for purposes of this act'. so unless the notification makes it out ..... regard to some minor ingredient of the pro-prietarv right.reliance was placed on a decision of the high court of australia in -- 'minister of state for the army v. dalziel'. 68 clr 261 (b). the case before the australian high court was entirely distinguishable. there the exclusive possession of property for an indefinite period .....
Tag this Judgment!Court : Allahabad
Decided on : May-07-1954
Reported in : AIR1954All801
..... a half share in the said village as the widow of a separated hindu. in that suit, the issue sent down by the revenue court under the provisions of section 271, agra tenancy act, 1926, 'whether the defendant was proprietor of a half share in chaoli' was answered in smt. revti's favour by the learned munsif,a decree had been passed ..... revenue court is still a court of exclusive jurisdiction. moreover, a civil court, when it is dealing with an issue sent by the revenue court to it under section 271, agra tenancy act 3 of 1926, does not really function as a normal original civil court. the issue is decided by it not as a result of any plaint being presented to ..... persons or, at any rate, of raghubar dayal and bhagwan dayal or did they have separate interests in the same?kashi ram, plaintiff's uncle, took up service in the army in the first instance. he was there for four or six years after the mutiny of 1857. then he joined the police which service he left sometime between 1884 and .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-14-1954
Reported in : AIR1955All241
..... are before the subordinate judge at the time, leaving the aggrieved party to bring the suit which the law allows to him.'in the civil procedure code of 1859 (act 8 of 1859) there were two sections dealing, with objections to attachment of property and investigation of the claim of the objector. in 8. 247 there was a provision that no such investigation shall ..... the objector to file a suit within the ordinary period of limitation and not within the restricted period of one year. 8. in the act of 1877 (10 of 1877) these provisions were re-drafted. sections that' are relevant for our purposes are sections 273 to 283. section 278 is more or less analogous to our order 21, rule 58 andit was in this .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-11-1954
Reported in : AIR1955All49
..... -debtor and any dispute arising between the auction-purchaser and the judgment-debtor would amount to a dispute between the judgment-debtor and his own representative and cannot come under section 47 of the code. 10. the learned chief justice in -- 'kedar nath's case (a', in support of his decision referred to a full bench decision of the ..... to vacate the property has a right to file a suit in the civil court for possession of the property within a period of one year under article 11a, limitation act. the right of the decree-holder to have the property sold and possession delivered to him flows from his being the highest bidder and not from the decree. the ..... the question that has, therefore, to be decided is whether the application dated 22-2-1943, could be considered as a step-in-aid of execution. article 182, limitation act, provides a period of three years for execution of a decree from the date of the decree or order, or where the application for execution has been made previously, from .....
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