Court : Allahabad
Reported in : 1994CriLJ1919
..... to whether the validity of the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be, that, where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person in general esteem may not justify the ..... the jurisdiction of the supreme court under article 32 or of a high court under article 226 to enforce a fundamental right arises where a fundamental right of the petitioner has been affected by an act or order in one of the following cases:a) where the action has been taken under a ' statute which is ultra vires of the constitution.b) where the statute is intra vires but the action taken is without ..... principles of natural justice even to the administrative law cannot be denied and any denial in this behalf will be the beginning of injustice but the law on ambit in the case of menaka gandhi was the passports act 1963 and not the code of criminal procedure or essential commodities act. ..... wish to indicate is that till that stage the arrest is an incident of investigation and though it is limited, an addition to the good faith of the police officer the judicial review of the judicial authority, it cannot be said to be a judicial act of the police so as to be subject to the law relating to writ of certiorari, or any action as a preventive measure.21. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC409; 2005(1)AWC831
..... petition against the order dated 26.8.1993 (annexure-7 to the writ petition) passed by xith additional district judge, kanpur nagar on the ground that in view of the clear bar provided under section 41(d) of the specific relief act, 1963 to the effect that no injunction order should be granted which would have the effect of stay of the execution of the order passed by the criminal court under section 145 of the code of criminal procedure. ..... iiird additional civil judge, kanpur nagar and xith additional district judge, kanpur nagar, both, have committed manifest error of law in ignoring the principles laid down under clause (d) of section 41 of the specific relief act, 1963 which provides that an injunction cannot be granted to restrain a person from instituting or prosecuting any proceeding in criminal matter. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1283
..... from the aforementioned facts and circumstances, it so appears that the learned 1st appellant judge has given scant importance rather no importance to the provisions of section 16(c) of the specific relief act, 1963 which enjoins upon the plaintiff seeking the relief of specific performance of contract, to perform his part of the contract, in the following words :'personal bars to relief. ..... , air 1995 sc 945, the apex court has propounded the law on section 16(c) in the following words :'section 16(c) of the specific relief act, 1963 provides that the plaintiff must plead and prove that he has always been ready and willing to perform his part of the essential terms of the contract. ..... in view of the aforesaid facts and circumstances, i find that the plaintiff-respondent, when had failed to perform his part of the contract in terms of section 16(c) of the specific relief act, had no right to obtain a decree of specific performance of agreement in question and the appeal of the defendant-appellant should be allowed.12. ..... of sub-registrar for execution of the sale deed, the said court does not appear to be legally justified to have passed a decree in favour of such plaintiff, who had failed in terms of aforesaid section 16(c) of the specific relief act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC610
..... the said application under section 5 of the limitation act, 1963 was registered as misc. ..... the said revision was accompanied by an application under section 5 of the limitation act, 1963.7. ..... it further appears that the respondents filed a revision under section 25 of the provincial small cause courts act against the said judgment and order dated 29th may, 2001. ..... by the order dated 3.9.2003, the learned special judge, aligarh allowed the said application under section 5 of the limitation act and condoned the delay in filing the said revision.9. ..... learned special judge, aligarh has given cogent and valid reasons' in the impugned order while allowing the said application under section 5 of the limitation act filed by the respondents. ..... the court should adopt a liberal view while dealing with an application under section 5 of the limitation act.13. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All268
..... . there are certain types of instruments which require attestation by marginal witnesses, some of them have been provided in section 59 of the transfer of property act but there are many including contract of sale and sale deed which is not required by law to be signed by two marginal witnesses but rare are cases where such instruments, which though arc not required to be ..... so far section 19 of the specific relief act 1963 is concerned it too has no application to the case at all. ..... . the supreme court, however, proceeded to lay down the law on the subject presuming that the change complained of by the defendant was made subsequently by an unilateral act of the plaintiff or on his behalf ..... none of these facts, which arc the prerequisite for seeking protection of section 41 of the act, could be established by the vendees. ..... provided it is proved that before purchasing that property the transferee had taken due care to ascertain that the transfer was vested with the power to effect the transfer and further that he himself had acted ingood faith.6. ..... the question which was framed by this court for admission of the appeal reads as follows :--'whether the transfer in favour of the defendant-appellants (vendee for this judgment) was protected by section 41 of transfer of property act and/or section 19 of the specific relief act.'5. ..... act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All257; 2006(4)AWC3379
..... learned counsel for the petitioners challenging the order has submitted that the only reason given by the appellate court in rejecting the application is section 41(b) of the specific relief act, 1963. ..... learned counsel for the petitioners submits that section 41(b) of the said act has no application and the said provisions could not be a ground for rejecting the application filed by the plaintiffs for the stay of the judgment of the trial court.5. ..... for the stay of execution of the decree has been made by the appellate sourt shall, pending the receipt from the appellate court of the order for the stay of execution or any order to the contrary, be acted upon by the court of first instance.(2) ...9. ..... section 41(b) of the specific relief act is to the following effect:41. ..... it was open for the appellate court to pass any order of stay with regard to the judgment of the trial court and the power of stay cannot be controlled in any manner by section 41(b) of the specific relief act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All342
..... jagat singh, : [1995]3scr9 , the hon'ble supreme court has observed that 'section 6 of (he specific relief act, 1963, is based on the principle that even a trespasser is entitled to protect his possession except against the true owner and purports to protect a person in possession from being dispossessed except in due process ..... : 1977crilj433 , the hon'ble supreme court held that an owner of the property has every right to dispossess or throw-out a trespasser while he is in the act of or process of trespassing, but this right is not available to the true owner if the trespasser has been successful in accomplishing his possession to the knowledge of the ..... gurnam kaur, : air1989sc38 , the hon'ble supreme court has observed that the provision of section 322 of the delhi municipal corporation act, confers sufficient power on the commissioner 'to cause the removal of any structure which constitutes encroachment on a public place, even without notice to ..... bombay municipal corporation, : air1986sc180 , upheld the validity of the provisions of section 314 of the bombay municipal corporations act, 1988, which provide for eviction of payment dwellers without notice, though held that normally opportunity of hearing should be accorded to the trespasser on the public land for the reason that the 'appearance of injustice ..... petitioners contend that they cannot be evicted without resorting to the procedure prescribed under the act 1972, or act 1973, or without filing the suit for their eviction.3. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2550
..... aforesaid fact, the petitioners submit that the order passed by the revisional authority is liable to be quashed as the revisional court has taken a very hyper technical view by holding that in view of article 122 of the limitation act, 1963, as the limitation is prescribed 30 days from the date of dismissal, therefore, if there is a prayer in the application for setting aside the dismissal of the suit, the date of knowledge cannot be taken into consideration, ..... of the writ petition ex parte can be entertained only if filed within 30 days of the order computing this period in accordance with the principles enshrined under articles 122 and 123 of the indian limitation act provided always that the delay in moving such an application can be explained making out sufficient cause for the same whereupon the application can be considered on merits.14. ..... unless and until there is a specific prayer and averment and a separate application under the limitation act taking into consideration article 122 of the limitation act is not filed, the delay cannot be condoned and the application is not maintainable and is liable to be quashed. ..... , the counsel for the defendant-respondent has submitted that as no application has been filed by the petitioner for condoning the delay as provided under article 122 of the limitation act, the application itself was not maintainable and was liable to be dismissed. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC672
..... the petitioner also filed an application under section 5 of the limitation act, 1963 for condoning the delay in filing the application under order ix, rule 13, c.p.c. ..... and also making necessary compliance as provided in the proviso to section 17 of the provincial small causes courts act, 1887. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC2090
..... the courts below have held that article 137 of the limitation act, 1963 is applicable to a proceeding under section 20 of the arbitration act, article 137 is a residual article which provides a period of limitation of three years from the date the ..... the appointment of an arbitrator, a party could move the upper india chamber of commerce for appointing an arbitrator and it was not necessary therefore for the party to apply either under chapter ii of the arbitration act or under section 20 of the arbitration act and it is only when the contractual remedy had become infructuous that the cause of action to apply under section 20 of the ..... the commencement of the proceedings has been defined under section 37(3) of the arbitration act as the date when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreement provides that the reference shall be to a ..... facts that the cause of action for filing the petition under section 20 of the arbitration act arose upon the refusal of the arbitrator to proceed with the reference. ..... first that the right to apply under section 20 of the arbitration act accrued only after the award was set aside by the court and in case the date of setting aside of the award is treated to be the starting point of limitation, the ..... petitioner then invoked provisions of section 20 of the arbitration act, 1940 by filing an applicated dated 27.9.1974, seeking intervention .....
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