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 : 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 : 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 : 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 : 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 : 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 : AIR1950All61
..... he further contended that section 4 of the act prohibits the landlord from claiming any payment, in addition to the rent fixed between the parties, whether by way of premium or otherwise.8. ..... section 5(2), local control of rent and eviction act provides that:' where the rent for any such accommodation has not been agreed upon or whore in the case of tenancies continuing from 1st october 1496, the landlord wishes to enhance the rent agreed ..... previous to the local act iii [3] of 1947 the defendant was paying a rent at the rate of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All80
..... iii, headed 'subordinate civil courts' is as follows:'besides the chief court, the courts of small causes established under the provincial small cause courts act, 1887, and the courts established under any other enactment for the time being in force, there shall be four grades of civil courts in oudh, namely, '(1) the court of the district ..... 528) the bombay high court entertained applications in revision against the orders of a district court under section 17 of the act, no objection was taken to the maintainablity of the applications and some distinction also exists because, in view of the wording of sections 19 and 21, payment of wages act, it is possible to hold that a district court acting under section 17 is a court exercising its normal functions as such court and is ..... ii, headed 'constitution of civil courts' reads as follows :'there shall be the following classes of civil courts under the act, namely, '(1) the court of the district judge; (2) the court of the additional judge; (3) the court of the civil judge ; ..... very great difference exists between the workmen's compensation act and the payment of wages act, inasmuch as the former act provides for an appeal from certain orders of the commissioner appointed under the act to the high court, while the latter does ..... : air1933all764 the question involved was whether an 'election court' constituted under section 20, district board's act could be held to be a court subordinate to the high court within the meaning of section 115 ..... 1949 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All69
..... the petitioner was actually released from confinement on 29th september 1948, but on the same day, on coming out of jail, an order under section 3 (1) (b), (c) and (f) was served upon him prohibiting his entry into certain districts and directing him to proceed along a particular route and by a particular train to sitapur where he was to remain within the confines of the municipality and was to report himself to the ..... (4) that the court in the exercise of its exceptional powers under section 491 will be competent to determine whether such an order could have been made by a person acting reasonably and in good faith 'and if it be found that the order was made in bad faith or that-the authority did not apply its mind in passing the older, it will set it ..... in the present case, the previous order was one prohibiting the petitioner moving out of the limits of a particular area, within that area he had perfect control over his actions--except in so far as he was not entitled to disseminate news or propagate views or carry on subversive ..... in my judgment, however, section 59 (2) prohibits a duly authenticated order being called in question on one ground and one ground only, namely, that it is not an order or instrument made or executed by ..... intimation of the grounds for detention required by section 5 of the act to be served on the detenu is dated 19th february and was served on the petitioner in jail, he made a representation to the government, as he was entitled to do, on 29th april 1949. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All546
..... it is difficult to understand how the prosecution could ever prove, for example, that the acceptance of a sum of money was a 'reward' without further proving the service or act which was the motive or consideration for such reward ; and in that case there is no presumption left to be drawn. ..... ' that was a case in which the investigation intoa railway accident had not been conducted by an officer of the rank required by the rules made under the railways act, but the decision --that this was an irregularity of the kind contemplated by section 537, criminal p. c. ..... in our opinion failure to comply with the proviso to section 3, prevention of corruption act, is an irregularity which falls within the ambit of sub-section (2) of section 156 of the code, and accordingly the proceedings of the investigating officer cannot be called in question.13. ..... (2) what is the meaning of the word 'gratification' in section 4 of the said act, and what has the prosecution to prove before the presumption referred to in that section arises? ..... this also is the view tentatively expressed by the bombay high court in rustom ardeshir v. ..... that right is given to him by section 7, prevention of corruption act, and we regard it of the highest value to an innocent person. ..... on 19-11-1947, he received from one fakira two ten-rupee notes-it is the case for the prosecution that he accepted these notes as a gratification other than legal remuneration, in respect of an official act, and thereby committed an offence punishable? .....
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