Court : Allahabad
Reported in : 2000(2)AWC1664
..... the petitioners have laid great emphasis upon section 53a of the transfer of property act which provides that where any person contracts to transfer for consideration of any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with ..... purchaser ofproperty has right to file application under section 21 of the act and the prescribed authority is to determine it in accordance with law. ..... have got a plan prepared as contemplated by rule 17 of the rules framed under the act and have sufficient financial capacity to reconstruct the same.3. ..... the petitioners were not put in possession in pursuance of the agreement, section 53a of the transfer of property act is not applicable to the facts of the present case.10. ..... 3 to 6 filed application under section 21(1)(b) of the act with the allegations that they had purchased the property from the erstwhile owner of the property under a registered deed on 9.9. ..... section 24 of the act provides that on reconstruction of the building, it shall be allotted to the previous tenants from whom the accommodation was got vacated under section 21 (1) (b) of the act on an application being filed by him before the district ..... section 54 of the transfer of property act provides that the agreement does not, of itself, create any interest in or charge on such ..... 1972 (hereinafter referred to as the act) and the order of the appellate authority dated 31.7.1995 affirming the said order in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All228
..... mukherjea's 'the hindu law of religious and charitable trusts' 1979 edition at page 292 as given below :'the sale of a debutter property by a shebait is prima facie an act amounting to a breach of trust, and to make it binding on the endowment, imperative necessity must be proved, or else it must be established that the purchaser did make enquiries and satisfy himself in good faith that such necessity ..... the deity has also a right of its own to have a suit instituted by a next friend.....anybody can act as such next friend, but the law requires that anybody other than shebait instituting the suit in the name of deity must be appointed as such by an order of the ..... on the basis of this statement learned counsel for the appellants contended that it was a prudent act of the shebait and the alienation was beneficial to the estate and as such the alienation cannot be set ..... it was held that when an unauthorised alienation has been effected by the shebait acting adversely to the interests of the idol, even a worshipper can file the suit, the reason being that the idol is in the position of a minor and when the person-interested in the worship of the ..... hindu public religious institutions (prevention of dissipation of properties) act, 1962 (hereinafter referred to as the act) because the temple and the deity in favour of which the properties were dedicated are at jhunjhunu in rajasthan state and the uttar pradesh state legislature was not competent to legislate in respect of the properties .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2662
..... inter college did not acquire any valid right in the said property by sale deed dated 5.11.1963 allegedly executed by ram raksha pal singh who had no subsisting right in the said property ..... be inferred at present that the claim of title in respect of the disputed property in favour of ram raksha pal singh (who executed the sale deed dated 5.11.1963 in favour of school) is not wholly unfounded or built on straw.9. ..... what i mean to say is that much before the grant of letters of administration, the school in question had started asserting ownership in respect of the property in question to the knowledge ..... which too finds place in annexure-2 to the application a-155 that had been moved by the administrator general under section 25 of the administrator general act seeking direction to permit him to dispose of by transfer the uneconomical immovable properties of the deceased.3. ..... 28409 of 1998 under section 25 of the administrator general act seeking direction to permit him to dispose of by transfer the uneconomical immovable properties of the deceased which were under his administration and were shown in annexure-2 ..... section 15(1) of the hindu succession act says that the property of a female hindu dying intestate shall devolve according to rules set out in rule 16, firstly, upon the sons and daughters (including the children of any predeceased son or ..... from her mother, as per section 15(2) of the hindu succession act after her death. ..... section (2) of section 15 of the hindu succession act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All23
..... as the final order was that of the appellate court which is dated 31st july, 1963, as such the limitation was to be computed from that date, as the earlier decree merged in the appellate decree. ..... in the present appeal decree was prepared on 25th march, 1963 and thereafter the appeal was preferred and the said appeal was dismissed on 31st july, 1963 and the application for execution was presented on 24-4-75 i.e. ..... it cannot be denied that in the present case the application for execution was presented within 12 years from the date of the appellate decree which was passed on 31st july, 1963 as the application was presented on 24th april, 1975. ..... , (air 1963 sc 1124) it was observed that 'the appellate order is the operative order after the appeal is disposed of, which is the basis of the rule that the decree of the lower court merges in the decree of the appellate .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All1b
..... be appointed under a written contract he will have an enforceable right entitling him to declaration of statutory in validity of any action taken against him in violation of such provisions affecting his employment and; (2) where the university act, statutes or ordinances relating to affiliation of colleges to a university require certain specified terms and conditions to be incorporated in a written contract to be jentered into between the management of the affiliated college and its teacher at ..... cannot be said to be purely contractual, the conditions of service being governed and regulated by law and the teacher would be entitled to a declaration or injunction as the management constituted by the university acts and the statutes made thereunder functioning as a statutory body in terminating the services of the principal or the teacher violated those provisions thus the teacher's claim being based on breach of the statute, ..... regina as binding on the respondent school having not been framed under section 56 of the madras elementary education act, 1920 had no statutory force and then held that nothing in those rules conferred upon an aggrieved employee of a school any right enforceable at law in the event of the management of an elementary school refusing to comply with those rules which, inter alia, enjoined upon a school, to abide by the directions given ..... a probationer in 1963 and was confirmed ..... 1963 ..... 1963 ..... as officiating assistant registrar by the vice chancellor on 23-1-1963. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All14
..... allowed then the whole clause (as applicable to articles 114 to 133) will become infructuous for this period of 90 days will expire after the period prescribed under the old limitation act and as this sub-clause provides that an appeal or application may be presented either within 90 days or the period prescribed under the old limitation ..... expiry of the limitation then prescribed an application for copy were to be given on 23-12-1963.if in that case the copy of the judgment was not available within 90 days counting from 1-1-1964, the date of the enforcement of the new act, the period of limitation prescribed under the new act, and the period of ninety days both would have expired without the blame really being ..... in the circumstances, if the new limitation act (central act xxxvi of 1963) applies without the provisions of section 12, the ..... application for which the period of limitation is shorter than the period of limitation prescribed by the indian limitation act, 1908, may be preferred or made within a period of ninety days next after the commencement of this act or within the period prescribed for such appeal or application by the indian limitation act, 1908 whichever period expires earlier. ..... position would be that the petitioner or the appellant can file the appeal within a period of limitation under the old limitation act or on or before 31-3-1964 whichever date falls earlier. ..... does not appear to be contradicted by the language of section 30 clause (b) of the 1963 limitation act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All127
..... the learned counsel for the respondents has criticised the act of the state in moving the copying department after about 1 1/2 months for obtaining copy of the judgment. ..... 5 of the indian limitation act, the court should not take a very strict view. ..... 5 of indian limitation act and the same is accordingly rejected. ..... 5 of indian limitation act in first appeal no. ..... 5 of the limitation act will consider the facts and circumstances not for taking too strict and pedantic stand which will cause injustice but to consider it from the point of taking a view which will advance the cause of ..... 5 of the limitation act for bringing on record the legal representatives of the deceased. ..... 14 of the limitation act cannot be applied to the same extent and in the same manner invoked while dealing with an application u/s. ..... 5 of limitation act has been moved by the state of u.p. ..... 5 of the limitation act. ..... 5 of the limitation act.13. ..... 5 of the limitation act.12. ..... 14 of the limitation act. ..... 5 and 14 of the limitation act. ..... 5 of the limitation act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC553; (2002)1UPLBEC790
..... it is true that the application filed under section 5 of the limitation act is to be liberally construed butsuch interpretation on construing liberally has to be made on the basis of the materials disclosed. ..... apart from the aforesaid dates on which the applicant-state government relied upon, we do not find any other material coming out in the application filed under section 5 of the limitation act for condoning the delay in preferring the appeal. ..... in the above facts and circumstances of the case, the application filed under section 5 of the limitation act is dismissed with the aforesaid observations.5. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All63
..... there is no express entry in the schedule to the limitation act prescribing any period of limitation for an application under section 144. ..... 1'28 of the limitation act. ..... the trial court rejected the application on the ground that it was filed beyond the period of limitation of thirty days as prescribed under article 128 of the limitation act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All153
..... the grant of injunction is governed by provisions of the specific relief act, and equitable considerations should invariably be the guiding factor, while recording findings on the question of prima facie case, irreparable loss and balance of convenience.11. ..... 106 of the transfer of property act and her tenancy is still subsisting and she cannot be legally ejected from the shop in dispute. ..... 3(a)(2) postulates that in this act, unless the context otherwise requires (a) tenant in relation to a building means a person by whom its rent is payable, and on the tenant's death (2) in the case of a non-residential building, his heirs. ..... this suit is the only positive act on the part of respondent no. ..... they are entitled to succeed to the tenant's lease-hold rights under the act, including not merely to the liabilities to pay rent as contended by the appellant but also to continue the business until duly ejected as per the provisions of the act. ..... 3(a)(2) all heirs of tenants are the tenants who succeeded intestate as per the hindu succession act, 1956. ..... the finding recorded by the rent appellate tribunal that by necessary implication the married daughters surrendered their tenancy rights inherited under the act. ..... 106 of the transfer of property act. .....
Tag this Judgment!