Court : Allahabad
Reported in : AIR1953All340
..... by the panchayati adalat, which are of a petty and local nature, to help in the decision of such cases. the object of the section is fully secured by there being on the panchayati adalat a panch who has knowledge of the locality of both the parties. in a case in which both parties reside in ..... panch from the village of the complainant and the accused was illegal and rendered the constitution of the panchayati adalat unconstitutional. in my opinion, this contention has no force. section 49 provides that a bench of five panches shall be formed for the trial of any case, suit or proceeding. it further provides that :'such a ..... appointed as commissioners and the panchayati adalat relied upon their report. i do not consider that the procedure was illegal. the civil procedure code, the criminal procedure code and the evidence act do not apply to the proceedings of the panchayati adalat. the panchayati adalat is entitled to appoint commissioners and to rely upon their report. it is not necessary .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All541
..... of section 7 clause (ii) (a). court-fees act. as in force in this state. the relevant facts are these :2. the respondent, a hindu widow, filed a suit for the recovery of arrears of maintenance, and for an order for future maintenance at the rate of rs. 40 per month to be secured by a charge on certain property in the hands ..... respondent, a hindu widow, filed a suit to recover arrears of maintenance. she also claimed future maintenance at the rate of rs. 40/- per month and wanted it to be secured by a charge on some property in the hands of the appellants who are her deceased husband's brother and the two minor song of the latter. she valued the ..... that in suits for personal maintenance by females and minors, such value shall be deemed to be the amount claimed to be payable for one year'. section 2 of the act provides that- '. . . . unless there is anything repugnant in the subject or context:-- (i) 'appeal' includes a cross objection (iv) 'suit' includes a first or second appeal from a decree .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All692
..... on 18-11-1943; the contract had been repudiated by them and consequently they were not entitled to seek recourse to section 20 of the arbitration act. this argument in our opinion bears no force. we have already referred to the letter dated 21-9-1942, of the defendant when he wrote the plaintiff putting forward a new condition, namely, ..... the defendant confirming the terms aforesaid. it is obvious therefore that the sum of rs. 500/- which w3s deposited with the indian minerals company by way of security was to guarantee that the plaintiff would take up thirty wagons of the goods contracted for within six months. it was not by any ..... contract and that therefore according to the arbitration clause the matter was liable to be referred to arbitration. he therefore made the application under section 20 of the arbitration act for the agreement being filed in court and the arbitration proceedings being taken in pursuance of it. an affidavit was filed by the plaintiff in support of his allegations .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... mere act of exciting a feeling of hatred etc., towards the government does not necessarily involve a threat to change the government, and in any case cannot be said to involve a threat to change the government unconstitutionally by use of force. a restriction on a speech exciting such a feeling would be justified in the interest of the security of ..... confronts us again with the duty our system places on this court to say where, the individual's freedom end, and the state's power begins. choice on that border, now as always delicate, is perhaps more so where the usual presumption supporting legislation is balanced by the preferred place given in our scheme to the great, the indispensable ..... 'in a war with the soviet' the australian communists will fight with the soviet' it was held that the words were seditious. that case was very much on the border line, as was shown by the fact that the high court of australia was evenly divided on the point', (pp. 44-45) the amplitude of the right as well .....
Tag this Judgment!Court : Allahabad
Reported in : 1962CriLJ256
..... to live with his parents made different efforts to return to his home. ultimately he was able to return to this country in 1953 on a passport which he secured on his representing himself to be a pakistani citizen. a visa was also obtained thereon which as earlier stated expired on the 21st september, 1953.4. it is ..... 21st july, 1947, to 31st may, 1950. the importance of, the above allegation lies in the fact that on the 26th january, 1950, when the constitution came into force he along, with his parents was domiciled in india. in his effort to show that he and his parents were domiciled in india and were citizen also of this country ..... effect that.any citizen of india who by naturalization, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950 and the commencement of this act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india.there is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All441; [1962(4)FLR165]; (1962)ILLJ685All
..... i have, therefore, no hesitation in holding that the removal of the plaintiff from the defendant's service was against the mandatory provisions of the government of india act and the rules framed under the state railway establishment code.16. the next question that arises for consideration is whether the order of removal passed in the present ..... service on grounds mentioned in para 1708. the procedure prescribed in para 1707 is in accordance with the provisions of section 240(3) of the government of india act. it would thus appear, that before a railway servant can be removed from service on grounds mentioned in para 1708, the railway authority has got to comply ..... learned counsel for the plaintiff-appellant contended that the plaintiff had not been afforded reasonable opportunity within the meaning of section 240(3) of the government of india act against the action proposed to be taken by the defendant in regard to him and further, that the removal order (ex. d) did not specify any reasons .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All342
..... on his objection under section 12(1), so as to present finalisation of the statement of proposals under section 23 of the act the purpose of the objection at each of the two stages will be to secure the correction of wrong entries. in this sense, section 20(2) is another provision where an objection to an entry affecting ..... to correction according to final decisions in the earlier stages. but that cannot be a circumstance to be taken into consideration to give a forced interpretation to the provisions of section 20 of the act and so read, it permits any person to file objections disputing the correctness or nature of an entry or pointing out any omission in ..... and the evasions for the continuance of the mischief and pro private commodo and to add force and life to the cure and remedy according to the true intent of the makers of the act pro bono publico.'8. the preamble of the act shows that the consolidation of agricultural holdings in uttar pradesh appeared necessary 'for the development of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All383
..... the same to the local police authorities.' it is a matter of common knowledge that on september 8, 1962 the chinese' attacked the northern border of india and that constituted a threat to the security of india. that is why on october 26, 1962 the president issued a proclamation under article 352 of the constitution. this proclamation declared ..... october 26, 1962. that is how the rules made under the ordinance continued to be the rules under the act and it is under rule 45 that the impugned action was taken when the emergency was still in force. it may here be noted that the emergency came to an end in january, 1968.2. as is well ..... -rule (1):--'where in the opinion of the central government or the state govenrnent any document made, printed or published, whether before or after the ordinance came into force, contains any confidentialinformation, any information likely to assist the enemy or any prejudicial report, that government may, by order.....'it shall thus appear that under rule 45 one .....
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 : (1880)ILR2All481
..... evidences a pledge of the property for securing the payment of the money. under the stamp act in force in 1866 this instrument, being an obligation for the payment of money, would not have been admissible as a mere agreement, or as a ..... lal in the property attached, agree to discharge the debt in a year, and they hypothecated the property that had been attached, and which was purchased by them, as security for the debt. such an instrument is a 'mortgage-deed,' inasmuch as by it the defendant and his brother obliged themselves to pay money to the plaintiff, and it ..... razinama, if it had been necessary to bring a suit upon it, and the later acts are not less stringent. the immoveable property pledged, it is not .....
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