Court : Allahabad
Reported in : AIR1957All50; 1957CriLJ28
..... in the first information report this is what is precisely set down in regard to this matter :--'the malis said that while they were returning to their houses from the the cinema and reached the school ground we saw some people coming from the other side and that they were flasing their torches, that thereupon durgpalsingh constable advanced two or three paces and challenged them by saying 'who is flashing ..... a relation of durgpalsingh, and he made enquiries and he learnt as a result of these enquiries that there was some firing soon after the cinema show was over and people were returning to their homes through the school playground, which was apparently a short-cut for people coming to panju sarai.certain enquiries were further made and it was discovered that durgpalsingh's body lay on the play-ground. ..... there is then danger of losing the real import of salient facts of the case in point.on the decisions of the supreme court it is also clear that common intention has come into being prior to the commission of the act in point of time, but it must be remembered, as has been pointed out by the supreme court, that this point of time has not to be a long gap. ..... on the aforementioned circumstances the prosecution wanted the court to come to the conclusion that the accused, who were undoubtedly amongst the group who acted in the manner set out above, had the common intention of causingthe death of durgpalsingh. ..... this act of firing was thought by dhami dhar to be the noise of crackers and .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3012; (2004)2UPLBEC1924
..... 7 reads as follows :'the expression 'sufficient cause' within the meaning of section 5 of the limitation act, 1963 (hereinafter referred to as 'the act') order xxii, rule 9 of the code of civil procedure (hereinafter referred to as 'the code') as well as similar other provisions and the ambit of exercise of powers thereunder have been subject matter of consideration before this court on numerous ..... , (1972) 1 supreme court cases 366, while considering scope of the expression 'sufficient cause' within the meaning of section 5 of the act, this court laid down that the said expression should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable to a party.'8. ..... on the strength of the aforesaid judgments, it is contended that sufficient grounds as contained in section 5 of the limitation act must be given a liberal constructions and explanation furnished, should be accepted. ..... 106120 of 2000, has been filed under section 5 of the limitation act for condoning the delay in filing of the substitution application as well as for setting aside the abatement. ..... has laid down that the words 'sufficient grounds' under section 5 of the limitation act should receive liberal constructions so as to advance substantial justice. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All549
..... suit could be brought under article 82 of the limitation act, 1963, within two years of the occurrence of the accident. ..... this view of the matter, it was legitimate for any counsel to take sometime in giving a final opinion to his client for preferring an application under section 110-a of the act instead of filing an appeal against the judgment of the civil judge dated 2-6-1970 dismissing the suit on the ground of non-maintainability. ..... already stated above, the controversy about the maintainability of the application under section 110-a of the act was a vexed one, there being a difference of opinion amongst various high courts about the same ..... are a number of reported cases, to which reference need not be made here, taking the view that an application for compensation under section 110-a of the act was not maintainable in respect of accidents which took place before the creation of the claims tribunal. ..... where the appellants could file an application for compensation under section 110-a of the motor vehicles act, they were advised to file a regular suit in the civil court on 1st april, ..... accordingly, hold that the appellants having explained the delay, the application filed by them for condonation of delay ought to have been allowed, and the application under section 110-a of the act should have been treated as having been filed within time.5. ..... appellants, thereafter, filed an application under section 110-a of the motor vehicles act (briefly stated as 'the act'), on the 1st july, 1970. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All78
..... 38 and section 41 of the specific relief act, 1963 (act 47 of 1963), or ..... ..... 14 of the specific relief act, 1963 (hereinafter referred to as the act). ..... all the above indicates that the court below had acted in a mechanical manner and not applied its mind at any stage.22. ..... xxxix of the code added by the cpc (amendment) act 1976 also proyides that where an ex parte injunc-tion has been granted endeavour should be made to finally dispose of the application for temporary injunction within thirty days on which the injunction was granted. ..... the contract between the parties is for performance of an act which has its own engineering specialities and peculiarities. ..... save as provided by the arbitration act; 1940 (10 of 1940), no contract to refer present or future differences to arbitrartion shall be specifically enforced; but if any person who has made such a contract (other than an arbitration agreement to which the provisions of the said act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer the existence of such contract shall bar the suit. ..... 14 and 41 of the act referred to above, the respondent would not be entitled to any permanent injunction. ..... 38 and 41 of the act, then no temporary injunction can be granted under r. ..... 14 of the act, the contract is not enforceable. ..... 41 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All1
..... the scope of section 18 of the limitation act, 1963 which substantially corresponds to section 19 of the limitation act, 1908, has been considered in a number of decided cases ..... beni prasad : air1925all340 , held that when the writer of a document alleged to be an acknowledgment within the meaning of section 19 of the limitation act, 1908, admitted the existence of a running account between the parties and went on to say that his representatives would compare accounts and pay what was found to be due was a sufficient acknowledgment within the meaning of ..... 7 and 9 could be taken into account in spite of the fact that they have not been referred to in the plaint, it further held that the said letters amounted to acknowledgment within the meaning of section 18 of the limitation act, 1963 and, therefore, saved limitation. ..... the appellant urged that the words quoted above did not amount to an acknowledgment of liability so as to attract section 18 of the indian limitation act, 1963. ..... the short question which requires consideration in this second appeal is whether limitation for the suit filed by the plaintiff-respondent was saved under section 18 of the limitation act, 1963. ..... according to the appellant, an acknowledgment within the meaning of section 18 of the indian limitation act must be an unconditional admission to pay exact amount claimed by the plaintiff. ..... 1963, which are letters written by the defendant were sufficient acknowledgments and saved limitation under section 18 of the act. 2 .....
Tag this Judgment!Court : Allahabad
Reported in : [1969]72ITR775(All)
..... to pass an order distributing the business of the board among himself and other member or members we do not see why the more comprehensive as also specific words used in section 4 of the central boards of revenue act, 1963, would not permit the framing of a rule authorising the chairman to pass orders distributing the business of the board among himself and other member or members of the board.28. ..... we would also like to point out that there is nothing in the act nor in the central boards of revenue act, 1963, which requires the central board of direct taxes to act as a single body and to perform all the functions of that board sitting together without assigning some or all of its various duties to the individual members ..... we have also reproduced the preamble of the central boads of revenue act, 1963, to show that that act expressly deals with the manner in which the central board of direct taxes shall discharge ..... inasmuch as the central boards of revenue act, 1963, only permits the framing of rules dealing with the procedure 'and not with the transaction of business or what would in common parlance be called the constitution of benches, rule 4 is ultra vires ..... but that the distribution of business made by the chairman was illegal because it travelled beyond the scope of section 4 of the central boards of revenue act, 1963.22. ..... relating to the internal management of the central board of direct taxes and how it would function are contained in the central boards of revenue act of 1963. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All29
..... there is no controversy that article 24 of the limitation act, 1963, which corresponded to article 62 of the indian limitation act, applied to the facts of the present case. ..... i have already observed earlier that there is no controversy whatsoever that to such a suit article 24 of the limitation act, 1963, which is equivalent to article 62 of the indian limitation act, applies.8. ..... at the instance of radhey shiam the executing court directed shekhar chand on 8-11-1963 to deposit rs. ..... 600/- being the rateable share of radhey shiam out of the execution money, by 14-11-1963. ..... the sale was confirmed on 18-10-1963. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All66
..... the learned counsel for the appellant urged that the suit was barred by section 16(c) of the specific relief act, 1963, in that, urged the learned counsel, the plaintiff failed to make specific allegations in her plaint that she had always been ready and willing to perform her part of contract and also ..... 9 and 10 of the plaint leaves no manner of doubt that the requirements of section 16(c) of the specific relief act, 1963 are fully satisfied. ..... fact is that the plaint did contain averments accordingly well with the requirements of section 16(c) of the specific relief act, 1963. ..... below, in the present case, have concurrently held that the suit was not barred by section 16(c) of the specific relief act, 1963. ..... for specificperformance for a contract may.be passed, it is necessary to consider whether said relief can be granted in view of section 16 of the specific relief act, 1963. ..... 16 and 20 of specific relief act was also pleaded by the defendant- ..... person seeking such a decree, has to satisfy that section 16 of the specific relief act does not bar grant of such a relief and the person against whom the decree is passed can show that the relief of specific performance cannot be granted in view of provisions of section 16 of the specific relief act. ..... implicit in the agreement for sale, if at all prior permission of the competent authority (urban land ceiling) for sale of the land in suit is found to be necessary under the, provisions of urban land (ceiling and regulation) act 1976. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All95
..... ' section 16(c) of the specific relief act 1963, reads as under:--'specific performance of a contract cannot be enforced in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which ..... it was pleaded that the respondent did not get the annual repairs done and the plaintiff appellant had moved an application under section 7 of act 3 of 1947 before the city munsif varanasi and displeased with this the respondent claimed arrears of rent amounting to rs. ..... it was contended on behalf of the plaintiff appellant that section 16(c) was introduced in the year 1963 by new specific relief act which was enforced from 13th december 1963, while the suit of partition(? ..... no decree has been passed before the enforcement of the act, a decree was to be passed after the enforcement of the new relief act and in view of the provision 16 (c) the specific performance will not be enforced. ..... air 1928 pc 208 states as follows:'although so far as the act is concerned there is no express statement that in suit for specific performance the averment of readiness and willingness on the plaintiffs part upto the date of decree is as necessary as it was always in england, it seems invariably to have been recognized ..... ) was filed in the year 1963 before the enforcement of the new specific relief act. ..... section 16(c) prohibits the enforcement of the specific performance after 13-12-1963. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All11
..... the controversy has now been set at rest by the limitation act, 1963. ..... it was also held that these acts amounted to interference with decree-holder's right to irrigate their plots in question and it amounted to disobedience of decree for prohibitory injunction. ..... article 135 of the new act prescribes a period of limitation of three years for an application for enforcement of a decree granting a mandatory injunction whereas the proviso to article 136 expressly stipulates that an application for the enforcement or execution of a decree granting a perpetual injunction .....
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