Court : Allahabad
Reported in : AIR1934All661
..... applied. as there would have been a considerable anomaly in giving different starting points for the right of the mortgagee to recover the amount by enforcement of the security and the right of the mortgagee to recover the amount by proceeding against the person of the mortgagor, the bench felt constrained to hold that the starting points ..... these reasons their lordships held that the mortgage money did not 'become due' within the meaning of article 132, lim. act until the rights of the mortgagor to redeem and of the mortgagee to enforce his security have accrued. they further observed that this would also be the position if the mortgagee exercised the option reserved to him, that ..... we can read the rules as to limitation as consistent with our notions of justice, we ought to read them accordingly and should not read them as an invincible force compelling us to take away the other rights of the creditor.32. article. 74 deals with a suit for recovery of money on a bond payable by instalments .....
Tag this Judgment!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 : AIR1929All33; 113Ind.Cas.417
..... habitual thieves and robbers and were taking precautions to conceal their presence within the limits of the magistrate's jurisdiction.40. the magistrate (trial court) demanded security apparently under section 109(b) because the accused could not 'give a satisfactory account of himself.' the district magistrate on appeal said that the accusedprowls about ..... the local limits of such magistrate's jurisdiction to conceal himself,71. those specific words would have been used. but it may be argued with equal force that if it had intended the words to meantaking precautions to conceal the fact that he is present within the local limits of such magistrate's jurisdiction, ..... words 'within the local limits of such magistrate's jurisdiction,' namely, that they do not qualify the noun, presence, but indicate the locality within which the act of attempted concealment must have taken place, in order to give the magistrate jurisdiction to deal with the case.79. two arguments have been advanced on behalf .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All258
..... section itself is very clearly worded and in the absence of a contract to the contrary a property subject to a mortgage is liable to contribute rateably to the debt secured by the mortgage. no such contract was even alleged in the written statement. nor has, any attempt, been made to prove the existence of such a contract. ..... s admission is not evidence against the other plaintiff, narendra nath, but as narendra nath has acquired his interest in the property from zia-uddin, there is no force in this suggestion. i have no hesitation in agreeing with the learned subordinate judge that the mortgagors did enter into the agreement which the defendants-appellants have set up. ..... before us to enable us to decide the matter for ourselves.5. it has been argued on behalf of the respondents that the provisions of section 92, evidence act, prevent the defendants-appellants from proving the agreement, as there is no mention of such an agreement in the deed of mortgage itself and the agreement would vary .....
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 : 2004CriLJ3926
..... dower or mehr in the case of persons to whom the muslim personal law (shariat) applies.'12. this definition makes it clear that the property or the valuable security need not be as a consideration for marriage, as was required to be in the unamended definition. this apart, the addition of words 'any time' before the expression ..... a.m. the same night in the hospital.11. it should also be taken note of that the amended definition of 'dowry' as contained in dowry prohibition act, 1961, coming into force in 1986, does not leave anything to doubt that the demand made after solemnization of marriage would be dowry. the definition as amended reads as below :'dowry ..... ' means any property or valuable security given or agreed to be given either directly or indirectly--(a) by one party to a marriage to the other party to .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ2242
..... had to be raised. merely on the ground that an accused in detention as an under-trial prisoner was likely to get bail an order of detention under the national security act should not ordinarily be passed.what was stressed in the above case is that an apprehension of the detaining authority that the accused if enlarged on bail would again carry ..... in the backdrop of the above legal position, we are of the opinion that the incident did give rise to 'law and order' problem for the local police and special force had to be deployed in the locality for some time but we are not satisfied that it is a case in which 'public order' was affected to a great extent ..... occasion to observe thus (at page 373 of air) :the impact on 'public order' and law and order' depends upon the nature of the act, the place where it is committed and motive force behind it. if the act is confined to an individual without directly or indirectly affecting the tempo of the life of the community, it may be a matter of .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC77
..... their preventivedetention have questioned the legalityof the orders dated 29.12.1997 passedby respondent no. 1, under section 3(2) of the national security act, 1980(hereinafter referred to as the act).copies of the orders have been filedas annexure-a1 in both the petitions.along with the order of detention,petitioners were also served thegrounds ..... of occurrence was the college premises and the heinous murder was committed in broad day light without having little regard to the security arrangements by deploying p, a. c. and the police force to prevent any kind of disturbance during election of the students union. learned counsel has submitted that activity of such nature ..... the material on record clearly demonstrates that there was commotion and fear and even tempo of life was badly disturbed. in order to restore it, additional police force was summoned from rural areas and it was deployed. thus, it was not a case concerning law and order alone but its reach and effect crossed limits .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All617; 97Ind.Cas.455
..... of 1924 for the opinion of this court under order 46.8. the plaintiff sued on the basis of a simple mortgage deed executed after the bundelkhand land alienation act came into force. his right to a simple money decree was barred by limitation.9. the subordinate judge found that the mortgage was enforceable and that ordinarily the plaintiff would be entitled ..... order. by reason of the prohibition against the sale under section 16, which, as my brother daniels, j., pointed out during the argument, applies equally to simple money decrees, the security cannot be sold.4. further it appears that in this case the claim for a simple money debt is barred by statute. we have nothing whatever to do with that ..... case no. 634 of 1925 decided on 26th november 1925. the decree holder still had in fact left to him his right to a simple money decree, justice was secured for him and there was no serious hardship. it would seem that as there wa3 in that case a means ready to hand for the plaintiff-mortgagee to .....
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 .....
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