Court : Allahabad
Reported in : AIR1945All321
..... parmeshwari dayal first appeal no. 61 of 1939, decided on 17th match 1942 case in which the applicant under the encumbered estates act had executed a security bond before the date of his application but had not incurred any liability at that date although he had incurred a liability ..... the appellant. he objects to the direction of the court below that he should pay the court-fees. there might have been some force in this appeal on the assumption that the suit was rightly dismissed, but now that i have held that the plaintiff's appeal should ..... be allowed, there can, in my opinion, be no force in this appeal and i would dismiss it with costs.malik, j.8. the facts of this case so far as they are ..... before the date of the application would be an amount not due on the date of the application. it has been argued with great force on the strength of the case in nawab bahadur jung khan v. mt. uzeez begam (1843-46) s.d.a.r. n.w .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All261
..... be allowed and the order of the learned district judge of benares dated 5th april 1940 discharged. the respondent, ahmad ali khan should be appointed receiver and manager, without security of the property of the wakf as from this date under order 40, rule 1 of the schedule to the civil, procedure code, on the terms, (1) that, should no ..... absolved from following the procedure which is laid down for civil courts by the code of civil procedure or any other statutes which may from time to time be in force. learned counsel for the opposite party has referred us to a number of rulings, which, i do not think, it is necessary for me to deal with ..... reasons explained in the judgment of my learned brother, allsop j. the district judge had no jurisdiction to make these orders on petition under sections 73 and 74, trusts act, 1882. that the court had jurisdiction, however, in properly instituted proceedings to remove a mutawalli for misconduct of breach of trust, and subject to the provisions of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All34
..... another case botheroyd v. woolley (1835) 1 gale 66 the matter was put still more strongly: 'it is better to adhere to the plain words of the statute than to force constructions.' and nothing can be more emphatically pronounced than what was observed in the well-known case in woodward v. watts (1853) 2 el. & bl. 452:the golden rule ..... in veerayya v. kotireddi ('41) 28 a.i.r. 1941 mad. 588 the point really is, will the saving clause 'by any law for the time being in force' be given effect to in every case or only if the proceedings in the primary court are also governed by that law? this question has, as mentioned above, been answered ..... 1936 sharda prasad, respondent 2 and his two sons, respondents 3 and 4, applied under section 4, u.p. encumbered estates act, both ramesh chand, the appellant and dr. shyam lal, respondent 2, put in their claims as secured creditors and the learned special judge determined the claims of both these creditors and passed decrees in their favour on 1st september .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All425
..... be deemed to have failed to comply with the terms of the proviso to section 17(1), provincial small cause courts act, and that therefore the application could not be entertained although the cash security had been furnished within the period of limitation prescribed for making such an application. bhola has filed this revision petition against that ..... cash. the point on which the learned judge gave his ruling was whether, under the proviso to section 17 as amended by act 9[ix] of 1935, a separate previous application, for permission to give security instead of depositing the decretal amount in cash, was necessary.6. the material facts in mohan lal v. sohan lal : ..... passed, files, in pursuance of the terms of the proviso, as it now stands, an application for permission to furnish security on the very day on which the limitation prescribed by article 164, limitation act, begins to run and waits for the orders of the court before filing his application for setting aside the ex parte decree .....
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 : AIR1950All562
..... was enacted and incorporated in the code, by the code of criminal procedure (u. p. amendment act) (u. p. act viii [8] of 1949), is in these terms :'if any person ordered to give security for any specific period under any enactment for the time being in force for the due performance or enforcement of any restriction or condition which may lawfully be imposed ..... various considerations.20. section 123a, criminal p. c., was enacted by u. p. act xlvi [46] of 1948 and as amended by u. p. act viii [8] 1949 runs thus:'if any person ordered to give security (or any specified period under any enactment for the time being in force for the due performance or enforcement of any restriction or condition which may lawfully .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... the exercise of the suprema potestas. but in such a case, it must appear that the executive considered the step necessary for the national security and in fact acted on that basis.'425. it is sometimes said that under the british constitution the king in whom executive powers vest has certain prerogatives and he can ..... as always, be the actual language used.'later in the judgment lord wright observed :'it may be that in 1900 the framers of the constitution were thinking of border tariffs and restrictions in the ordinary sense, and desired to exclude difficulties of that nature, and to establish what was and still is called 'free trade,' ..... executive power of the union in the president. sub-article (2) vests, without prejudice to the generality of the foregoing provision, the supreme command of the defence forces of the union in the president. article 72(1) authorizes the president to grant pardons, reprieves, respites or remissions of punishment or suspensions, remissions or commutations 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 : 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 : AIR1951All746
..... the constitution is denied, it being claimed that the constitution specially provides for such legislation. it is asserted that the evacuee property act neither constitutes any violation of any of the rights secured under the constitution nor imposes any unreasonable restriction on the property belonging to the petitioner company & it is, in any case ..... evacuee property ordinance which contained for the first time restrictions on transfers in u. p. in respect of properties of evacuees or intending evacuees came into force. it may be mentioned that under the previous provincial ordinance no such provision existed. it was confined to permitting the custodian to take over a ..... not equally affected or with divergent conditions from the operation of the act. special conditions may have existed in states bordering east bengal which may have made it undesirable to enforce this act in them.79. the second criticism levelled against the act is that evacuees cannot be treated as a class & that being .....
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