Court : Allahabad
Reported in : AIR1952All6
..... felt that the rajas' consent for the cession to nepal of 52 villages comprising kanchanpur and 11 whole and some odd portions of khairigarh taluqa should be secured and he should be adequately compensated for his loss by giving him lands out of the adjoining confiscated estates of dhaurara and lakhan-tihara. we will advert ..... state, the sovereignty over the ceded territory remains with the ceding state, even if the treaty providing for the cession has prior to this date come into force.' in the second place, the correspondence that passed between the governor general and the maharaja of nepal does not indicate that there was any intention to cede the ..... . having found the true facts of the case, we now proceed to examine the question whether the kaffara villages fulfil the requirements of section 3, oudh estates act. the section has already been reproduced in an earlier part of this judgment. it contains five paragraphs. the first paragraph describes the persons on whom rights and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All443; 1955CriLJ1125
..... against the appellant and one charna. charna was sent to jail but the appellant pershadi was arrested, put up in the lock-up and released subsequently on furnishing security. after his release the appellant pointed out the place where the safe had been kept and shanker lal got back the stolen property. finally, however, both pershadi ..... necessary than mere possession of articles.'as i stated earlier, this observation was not necessary for the decision of the case and therefore loses much of its force. the law is that circumstantial evidence must be inconsistent with every rational hypothesis of innocence of the accused. it is not required to be inconsistent with every ..... it is high time that the state agents, who conduct prosecution in magistrates' courts and sessions courts, understood the provisions of section 27 of the evidence act thoroughly and prevented the escape of guilty persons through their own ignorance of the law.19. coming now to the statement actually proved to have been made .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC806
..... who gain such back door entry in the employment are in need of the particular jobs. though already employed elsewhere, they join the jobs for better and secured prospectus. that is why most of the cases which come to the courts are of employment in government departments, public undertakings or agencies. ultimately it is the ..... wages and all consequential benefits holding that his termination was bad, illegal and unjustified being without notice or complying with the provisions of section 6n of the act.7. both parties produced oral and documentary evidence. the name of workman was not found in attendance register, pay register or any other register maintained in ..... to as the board), in brief, is that its panki thermal power station, kanpur, is controlled by the board. this power station is registered under the factories act. the board is engaged in power generation, supply and distribution of electricity in the entire state of uttar pradesh. contract labour is not abolished in this industry. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All66
..... the appellant should deposit half of the enhanced amount. by the order dated 25-4-1991 the respondents were permitted to withdraw the amount so deposited without furnishing security. learned counsel has submitted that the appellant has not complied with the terms of the stay order and further that as the award of the learned addl. ..... in accordance with section 18 of the act. the collector then made references to court and 40 such references have been decided by the learned addl. district judge, badaun by a common judgment and ..... land had been acquired filed claims to compensation. the special land acquisition officer badaun, after holding an enquiry, gave awards as provided by section 11 of the act. some of the tenure-holders who had not accepted the awards made applications to the collector praying that the matter be referred for the determination of the court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All57
..... or revision is provided against that order. in the full bench case of jeshingbhai v. emperor : air1950bom363 , the validity of section 2(1)(b) of the bombay public security measures act (vi of 1947) was challenged. clause (b) of that sub-section reads as follows : 'directing that, except in so far as he may be permitted by ..... i may notice article 23(1) of the constitution of india. it runs as follows : 'traffic in human beings and begar and other similar forms of forced labour arc prohibited and any contravention of this provision shall be an offence punishable in accordance with law.' this article therefore declares traffic in human beings to be ..... the family and the community.' it must also be noticed that with respect to the suppression of the traffic in women and children, several international instruments are in force. they are enumerated below : 1. international agreement of 18th may, 1904 for the suppression of the white slave traffic, as amended by the protocol approved by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All162
..... constitution of india, the panchayat has been given atenure. the duration of the panchayats is fiveyears, unless sooner dissolved by any law forthe time being in force. the issue, then, is ofthe duration of the panchayats before theamendments were caused to be made to theconstitution of india, the curtailment of theterm of ..... continuance of the existing lawsand panchayats.-- notwithstanding anything in this part, any provisions of any lawrelating to panchayats is in force' in a stateimmediately before the commencement of theconstitution (seventy-second amendment)act, 1992, which is inconsistent with theprovisions of this part, shall continue to be inforce until amended or repealed by ..... the population of two thousand. the identity of both the villages is to be respected without any overt attempt to force or push one village to fuse itself into another, unless the act is voluntary and is self-determined by the people. to that extent, section 12 disrespected smaller villages whose population .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ1562; I(1992)DMC353
..... demand action or forbearance at the hands of another; a legally enforceable claim against another that the other will do or will not do a given act; a capacity or privilege the enjoyment of which is secured to a person by law. wharton's law lexicon : it is a liberty of doing or possessing something consistently with law.the law lexicon by ..... the family courts.16. so far as the submission made with regard to section 30 of the advocates act is concerned it may be pointed out that sub-section (3) of section 1 of the act provides that it shall come into force on the date as the central government may in the official gazette appoint and different dates may be appointed ..... for different provisions of the act. section 30 finds place in chapter iv of the act while as sections 29, 31, 33 and 34 of chapter .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All600
..... is to bring a person charged with a crime before a justice or justices of the peace in order that the charge may be investigated. this attendance is secured either by summons or by arrest under a warrant or otherwise. summonses and warrants of arrest are issued by a justice on an information being laid before him, ..... in question constituted contempt of court inasmuch as it expressed an opinion that the winding up petition should be granted and it was held that there was much force in this contention. there was a scheme of reconstruction under consideration at the time, though the scheme was actually put up before the court after the publication ..... we, therefore, come to the conclusion that the preliminary objection should prevail; and no proceedings for contempt can be taken against the opposite parties, as the alleged acts were committed before dwarka prasad's complaint had been filed and long before the charge sheet had been submitted by the police to the magistrate.24. we consider it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All341
..... admit of restriction or expansion to suit the subject-matter. while expressing trully enough all that the legislature intended, they frequently express more, in their literal meaning and natural force; and it is necessary to give them the meaning which best suits the scope and object of statute without extending to ground foreign to the intention. it is, ..... lordships of the judicial committee observed at page 532:'there is no doubt that the canal dues are realisable as revenue under section 45, northern indian canal and drainage act (act viii [8] of 1873), and therefore, the only question is whether this claim made by the plaintiff was a claim 'connected with or arising oat of the ..... reasons therefor.34. i, however, note a few other considerations in support of the view expressed to the effect that section 233 (m), u. p. land revenue act (act no. iii [3] of 1901) does not bar a suit by third party to prose his claim that the property proceeded against belonged to him and not to the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1972
..... assailing the order dated 26.7.2005 passed in revision no. 73/02-03 passed by deputy director consolidation, mohammdabad, a disconcerting feature forced itself on my notice that the original record containing original document of the petitioner had been missing since the year 1983 and further that the ..... relating to bhumidhari rights over the agricultural land and as such jurisdiction has been conferred on consolidation authorities under the u.p. consolidation of holdings act making it amply clear that the legislature has enumerated consolidation authorities i.e. asstt. consolidation officer, or consolidation officer or settlement officer consolidation, ..... 1956, all deputy directors consolidation were authorised to discharge adjudicatory judicial functions under sections 26, 43 and 48 of the u.p.c.h. act. by notification dated 21,11.1961, all assistant settlement officers consolidation were also empowered to perform functions of settlement officers consolidation. by notification dated 29 .....
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