Court : Allahabad
Reported in : AIR1951All718
..... of a conviction for an offence or as a result of preventive detention'. according to this view of the supreme court the confinement of a person in default of security demanded under the act is clearly preventive detention. in wong wing v. united states, (1896) 163 u. s. 228: 41 law ed. 140 justice shiras observed at p. 235:'detention ..... was mentioned in the notice that twenty four reports were made against them at the police-station during the period 11-5-1949 to 16-9-1949. (the act came into force on 23-4-1949). the applicants urged before the magistrate that unless they were supplied with full copies of the reports mentioning the names of the persons who ..... place because he would not be liable to be prosecuted after the withdrawal of the notification. the withdrawal would operate as revocation of all orders passed while it was in force. when section 14 lays down that the amount of every bond shall be fixed with due regard to the circumstances of the case & shall not be excessive, it was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All301
..... appears to be due to misunderstanding of the legal position on the part of the applicants.4. in support of the contention that an appellate court cannot demand security from a pauper appellant reliance has been placed on the various cases decided by the calcutta, bombay, lahore and rangoon high courts. the rangoon case is maung ..... this revision for about two years. a revision against such order can lie if it be held that under law the appellate court had no power to demand security for costs from a pauper appellant or if it had such power it committed material irregularity in exercising its discretion. in the circumstances of the present case the ..... view i have expressed above. the first case is in seshayyanagar v. jaimulavadin ('81) 3 mad. 66. it was decided in 1880 when civil procedure code, act x of 1877, was in force. its provisions were similar to the provisions of the earlier civil procedure code of 1859. it is observed:we are not prepared to follow the ruling cited in nusseroodddeen .....
Tag this Judgment!Court : Allahabad
Reported in : (1888)ILR10All289
..... born out of wedlock is illegitimate; if acknowledged, he acquires the status of legitimacy. when, therefore, a child really illegitimate by birth becomes legitimated, it is by force of an acknowledgment express or implied, directly proved or presumed. these presumptions are inferences of facts. they are built on the foundations of the law, and do not ..... of the muhammadan law to justify the view that a child proved to be the offspring of fornication, adultery, or incest could be made legitimate by any act of acknowledgment by the father. i repeat that the rule is limited to cases of uncertainty of legitimate descent and proceeds entirely upon an assumption of legitimacy ..... is a ' question regarding succession, inheritance, marriage or caste, or any religious usage or institution,' within the meaning of section 24 of the bengal civil courts act (vi of 1871) which governs this case, we are scarcely at liberty to apply the muhammadan law in its integrity to this case, and the alternative would be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All447; 114Ind.Cas.743
..... business had been carried on by the father for the benefit of the family. i might add that the question whether money borrowed by the father on the security of the family property for the purpose of carrying on an existing family business, even though not ancestral, by which the family is benefiting is for necessity ..... the case under the mitakshara law. the members of a dayabhaga family are groups of persons associated together whose agreements inter se are regulated by the contract act. under that act a minor cannot consent to become a full partner of a new business, as the relations of the parties rest on contractual arrangement which cannot exist in ..... the case of a minor. when their lordships, after discussing the provisions of the indian contract act, remarked on p. 570 that it made no difference that the business was conducted by the members of a family governed by the dayabhaga their lordships presumably meant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All416
..... and six months time was allowed for redemption. a similar decree was made in a suit brought by the second mortgagee. as the mortgagors made no payment to secure redemption the second mortgagee, in order to prevent a decree absolute for foreclosure being passed against himself paid into court the sum due under the decree in the first ..... the sale was actually held and confirmed. it is however contended that the decretal money having been paid off before the present rule 5 of order 34 came into force the plaintiffs are not entitled to claim the privilege conferred by that rule. certain authorities have been cited in support of this contention which will be examined later. rule ..... 5 of order 34 corresponds to section 89, t.p. act, which was repealed in 1908. the words at the end of section 89 'and thereupon the defendant's right to redeem and the security shall both be extinguished' were omitted in rule 5. this rule was amended in 1929. in para. .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]83ITR494(All)
..... very effective, is not available to a mortgagee-decree-holder, proviso to section 51 also clearly brings out the essential distinction between a simple creditor and a secured creditor. once a creditor obtains a mortgage, while getting certain advantage he has also to forgo many of the remedies which may be available to a simple ..... obtains a preliminary decree has to wait at least for six months before he can even apply for preparation of a final decree for sale of the mortgage security. within this period of six months, during which the mortgagee decree-holder can do nothing, even though he has obtained a preliminary decree, income-tax proceeding ..... appointing a receiver for the management of the assessee's movable and immovable properties. 6. in the income-tax act itself there is no substantive provision for superseding or overriding the claim or rights of a secured creditor of the assessee. schedule ii mentioned in section 222 contains statutory rules in accordance with which the modes of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All155
..... this court in abdul saeed khan v. mohammad ali : air1950all467 when dealing with the question whether a decree under section 33, agriculturists' relief act, secured by a debtor is one to which section 8, debt redemption act, applies. thus it is clear that the decree to which section 8 applies must be one under which the liability to pay subsists.77 ..... benefit under section 8. unfortunately for the debtor, the final decree in the present case was passed on 12-12-1942, that is, after the debt redemption act came into force, and so the final decree cannot be amended under section 8.78. there is no doubt that under section 9 the debtor would be entitled to get the ..... 19. in this connection i may refer to the case of anmol singh v. hari shankar lal : air1930all779 , where it was held :'under the civil procedure code, now in force suit does not terminate by the passing of the preliminary decree, but continues till it is finally and completely disposed of by the passing of the final decree.'20. again .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ1028
..... the locality were relevant material which along with other material impelled the detaining authority to form his opinion that the detenu-petitioner ought to be detained under the national security act. the extent to which there was disturbance, and the upsetting in the even tempo of life of the community, the existence of tension between hindu muslim communities could ..... abduction from near a public place sunder lal school on 8-2-1996 and being whisked away in a car by force was not an act done in isolation. any body could realise the impact of such an act on the life of the community and was bound to create a feeling of insecurity amongst the general public, particularly, amongst ..... sabbir night in the annual exhibition, rampur. it was undoubtedly, a problem of public order. the allegations, in the ground were that despite posting of the police force for maintaining the law and order in the said exhibition, the detenu entered in the gate of the exhibition along with his 70-80 companions by .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ2792
..... much within knowledge while recording the detention order in respect of two petitioners that two other co-accused persons had already been proceeded against under the national security act. there is nothing on record to indicate that the district magistrate in addition to the grounds of the detention of the present two petitioners had informed the ..... made and such other particulars as, in his opinion, have a bearing on the matter. such an order recorded by detaining authority shall not be in force for more than 12 days unless approved by the state government. this suggests that not only the grounds of detention on which the order has been made ..... bhati was taken to the hospital and people assembled in large number and started an agitation affecting the maintenance of public order. the administration had to post police force at sensetive points. the assailants and the aforesaid mahendra and mukesh absconded and police started a vigorous search for them. mahendra was apprehended on 29-4-97 .....
Tag this Judgment!Court : Allahabad
Reported in : 2003CriLJ696
..... locality but also the people of the adjoining localities are also feeling insecure and are panic stricken. armed constables were deployed in the region for security purposes and to evince confidence amongst them. such deployment of force persisted for a long time. the locality wherein this abduction occurred was in the heart of the town. these are the facts and circumstances, ..... singh along with constables dharamveer singh and vir singh were sent to the concerned locality for keeping a vigil and to provide residents of that locality with a sense of security. these constables on their return on 25-12-2001 at 5.40 a.m. gave a report that on account of the above said letter of threat received by ..... 1. this habeas corpus writ petition was filed by anil alias pappu sharma against his detention under section 3(2) of the national security act. 1980 dated 17-1-2002. the order was served upon the petitioner on the same day in district jail bijnor where he was confined in connection with an offence, .....
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