Court : Allahabad
Reported in : AIR1951All383
..... permitted to be made any such construction as, in the opinion of the court, has materially altered the accommodation or is likely substantially to diminish its value;(d) that the tenant has created a nuisance or has done any act which is inconsistent with the purpose for which he was admitted to the tenancy of the accommodation, or which is likely to affect adversely and substantially the landlord's interest therein;(e) that the tenant has on or after ..... , however, contends that the permission of the district magistrate is one of the grounds mentioned in section 3, that the decree is being executed on this ground and that, therefore, the prohibition contained in section 14 does not apply to the present execution proceedings.5. ..... therefore, contends that the interpretation placed by me on section 14 of the act leads to anomalous results, results that could not have been intend-ed by the legislature, and that there could be no possible reason why the legislature should have intended that the permission of the district magistrate granted after the commencement of the act should be effective while the permission granted by the same officer before the commencement ..... i do not find it possible to construe section 14 to mean that every decree passed before the commencement of the act, in a suit which was instituted with permission of the district magistrate or on a ground now mentioned in section 3, comes within the exception contained in section 14, the condition imposed by the section is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All258
..... it cannot be denied as a proposition of law that if the plaintiff had got his trade-mark registered under the aforesaid act, he was the only person entitled to use it against the whole world and that if anybody imitated that mark he made himself liable to a charge of infringement of ..... person were to attempt to register as a single english word, 'cheapandgood', or even without taking so gross an example, using a word so slightly differing from an ordinary and recognised word as to be neither an invented word nor avoiding the prohibited choice of a word, indicating character or quality. ..... is the proprietor of a manufacturing firm called the indian drug house, allahabad, while the defendants are a firm in bombay manufacturing and dealing with various classes of medicine. ..... this being so, the privileges flowing from proceedings taken under this act had never accrued to the plaintiff merely from his having obtained an order or certificate from the registrar of ..... proposition of law is one which has been accepted by the highest judicial authority and acted upon for a great number of years. ..... bombay ..... , bombay, a. ..... dealt with the question whether the word 'solio' could be registered as an invented word under the patents, designs and trade marks act, 1883, as amended by the later act of 1888. ..... the plaintiff company baa no case on the basis of the infringement of the trade-mark simply because the name tonic phosphotone had not been registered by it as a trade mark under the trade marks act of 1940.27. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All342
..... to deal with the applicant's contentions as to the warrants:in the first place, they maintained that the court is entitled to examine, on evidence, whether the conditions laid down by the extradition act and the rules made under section 22 of the act have been complied with and that the appellants were entitled to an opportunity to satisfy the court (a) that the offences must have been committed in madras and (b) that, in reality, the ..... is pointed out that although the tonk slate had formally merged in the state of rajasthan and has now merged in the united state of rajasthan, in view of the provisions contained in the indian independence act, 1947, and certain agreements that were made subsequently to 16th august 1947, between the indian dominion and the state of tonk and, later, the united state of rajasthan, the provisions of the said treaty ..... word 'derogate' has a special meaning and section 18, only prohibits the doing of an act which has the effect of derogating from the provisions of a treaty ..... 31) and disagreed from the view taken by the bombay high court in the case of miss mabel ferris ..... the applicant presented this application to this court on 3rd june 1949 accompanied by an affidavit alleging that the arrest of the applicant was illegal and praying that the proceedings pending before the district magistrate of naini tal relating to his arrest pursuant to the said warrant be ..... above view is supported by the ruling in the bombay case of re murlidhar bhagwandas, 43 bom. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All283
..... it is perhaps possible that the application to execute the entire decretal claim might amount to a representation to the judgment-debtor and cause the judgment-debtor to act in some way in which he would not otherwise have acted; if that were so, the decree-holder might be estopped from thereafter baking out execution to recover instalments. ..... it was observed :'the doctrine of election is not a mere legal prohibition to any party against ever changing his mind it is an equitable doctrine which is applied in law in order to prevent prejudice being done to the opposite party. ..... if i have two courses open to me, both of which affected some other party, and i make it known to him by some deliberate act of my choice that i am intending to adopt one of these courses and not the other, then i cannot be allowed subsequently to change my mind to his prejudice. ..... we are of opinion that a mere communication to the judgment-debtor of the decree-holder's taking out execution by enforcing the default clause would not justify the conclusion that the judgment-debtor must have acted in some manner that any further change of mind by the decree-holder would, affect him prejudicially. ..... reliance was placed on the aforesaid allahabad and bombay eases and also on the case of shrinivas v. ..... act. ..... act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All276
..... 262, a police officer had purchased property in contravention of a statutory prohibition contained in section 33, bombay district police act, which runs as follows :'no police officer shall engage in trade or be in any way concerned either as principal or agent, in the purchase or sale of land within the district wherein he is employed or in any commercial transaction whatever, without the permission of ..... the prohibition to act without admission, is statutory; the regulations adopted by the mayor & court of aldermen in the case of admitted brokers are not; they are purely municipal, and have not the force of a general law; the only consequences of ..... the 'rule was made under section 35 (a), bombay abkari act which authorised the commissioner to make rules prescribing the restrictions under and the conditions on which any license, permit or pass might be granted and such license might contain a condition prohibiting; the sale of intoxicating liquor except for cash. it. ..... after holding that since the statute prohibited the broker to act without taking out a licence, he could not recover his brokerage, his lordship further observed :'the distinction between this and the ease of ex parte dyster, (1815) 2 rose 256, which was cited on behalf of' the ..... the next point urged is that the contract evidenced by the mortgage deed in suit is void under section 23, contract act, as it is prohibited by law and is also against public policy. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All441
..... used on a previous journey or, in the case of a return ticket, a half thereof which has already been so used'with intent to defraud a railway administration, and provides punishment for that offence section 68 of the act lays down that'no person shall, without the permission of a railway servant, enter or remain in any carriage on a railway for the purpose of travelling therein as a passenger unless he has with him a proper pass or ticket ..... having regard to the definite allegations made against narain in the complaint filed under section 113, railways act, there can be no doubt whatsover that the matter was placed before the railway magistrate for obtaining an order under sub-section (4) of the said section.that sub-section is in these terms:'(4) if a ..... prohibition against travelling without a pass or ticket and to present his pass or ticket to the railway servant for examination when called upon to do so, under sections 68 and 69 of the act ..... made by the learned sessions judge of banaras in the following circumstances: on 12th july 1949, narain chali, a marahata resident of banglore city, was found travelling without ticket in a third class compartment of 5 ..... of facts in the opening part of this judgment, the passenger, namely, narain, had rendered himself liable to pay the excess charge and fare mentioned in sub-section (1) of section 113, railways act and he had refused to pay the same on being demanded by the travelling ticket examiner. ..... poor man, i left bombay about six months ago .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All562
..... the legislature in enacting the various provisions of section 3 did not consider the detention of a person against whom orders have been issued under sections 3 (1) (b) to (f) necessary in order to prevent him from doing something which he was prohibited to do under any of those orders and considered that the safeguards, it had provided for the compliance of those orders would sufficiently meet the situation. ..... forbidden or does not want him to do; and in the laws providing for preventive detention the expression seems to have been used, as would be evident from the wordings of section 3, preventive detention act iv [4] of 1950, to mean detention with a view to prevent a person from acting in any manner prejudicial to the defence of india, the relations of india with foreign powers, the security of india, the security of the state, the maintenance of public order, the maintenance of ..... i am, therefore, of opinion that the proviso to section 4 of the act, as amended by act xi [11] of 1949, applies to all orders passed under section 3 (1), act iv [4] of 1947, and that, therefore, the powers which the provincial government could exercise under section 4 on 13th april 1948 are enlarged by section 4 as amended by act xi [11] of 1949.13. ..... general clauses act, i of 1904, is:'enactment shall include a regulation (as hereinafter defined) and any regulation of the bengal, madras or bombay code, and shall also include any provisions contained in any act or in any such regulation as aforesaid .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... the contention of moti lal, and of other bus-owners whose vehicles plied on this route, (i) that the regional transport authority had no power under the motor vehicles act or other provision of law to issue the notices of the 1st july and 2nd november 1949, or to prohibit the owners of buses, who were in possession of permits from plying their buses for hire; (ii) that the uttar pradesh government bad no lawful authority to establish and ..... the applicants have asked for three main reliefs; (a) for a writ of mandamus directing the opposite party to decide applications of the petitioners in accordance with the provisions of the motor vehicles act, (b) to withdraw certain notice given by the regional transport officers either on 1-7-1949, or on 22 11-1949, or on some other date; (the purport of these notices has been set out by me in an earlier part of this judgment) and (c) for an order directing the opposite party ..... 'we do not, however, know the foundation for the rule laid down in these decisions that the use of a street or highway for purposes of game is exceptional, and therefore liable to be prohibited or regulated by law, and it may be that this doctrine of exceptional user was evolved by the judges of the united states, in the same way as they evolved the doctrine of police power, to enable the ..... origin of the right of way and of similar rights the observations of a fall bench of the bombay high court in the case of baslingappa v. ..... authority, bombay, ..... authority, bombay, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All615
..... that since the statement of ilyas that he had kept the watches with narendra bahadur did not lead to the discovery, that statement could not be proved on account of the prohibition against such a procedure contained in section 27, evidence act, the suggestion of the applicant's learned counsel being that if the above statement is excluded from evidence, the recovery of the bundle containing the watches would be recovery from the possession ..... it was held that a statement of the accused that he had pledged the property with the person from whose possession it was subsequently recovered was admissible under section 27, evidence act, while the rest of the statement which constituted a confession and in which it was stated that the accused had removed the karas and had pushed the boy into the well was rejected. ..... have found against him is that he dishonestly retained six watches which were stolen on the night between 8th and 9th november 1949, from the shop of abdul raoof knowing or having reason to believe that they were stolen property.2. ..... 538) that the words' fact discovered' occurring in section 27, evidence act, embrace the place from which the object is produced, the knowledge of the accused as to this and the information ..... in the bombay case sir john beaumont in dealing with section 27, evidence act, remarked :'the fact discovered within the meaning of that section must, i think, be some concrete fact to which the information directly relates and in this case such fact is the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All243
..... . 1 to any other place in the same zone :provided that nothing in this para..shall apply to such transport :from greater bombay or from the ahmedabad municipal borough ;provided further that the permission contained in this paragraph is subject to the restrictions which may be imposed from time to time by any order of a provincial or state government ..... . to provide for the regulation or the prohibition of the production, supply or distribution of essential commodities ..... & consequently it could not be said that the cloth was moved from one place to another; & (3) that, having regard to the uncertainty of the law, only a technical offence was committed & the sentence is too severe.5. the act by which this matter governed is the essential supplies (temporary powers) act, xxiv [24] of 1946 which received the assent of the governor-general on 19-11-1946 ..... according to the facts which are now established, on the night between 14 & 15 -12-1949, bashir ahmad & mahmood khan were arrested near rly. ..... . & although he could recommend that the provincial authorities should act in a particular manner, he could not override or cancel the orders of the provincial authority nor does he purport to do so in the circular mentioned above ..... accordingly convicted them under section 7, essential supplies (temporary powers) act of 1946 & sentenced them to pay a fine of rs. ..... . section 3 of this act confers certain powers on the central ..... to issue such orders as it might itself have issued under section 3 of the act .....
Tag this Judgment!