Court : Allahabad
Reported in : AIR1966All66; 1966CriLJ115
..... the opposite party also averred that he did not bear any malice or ill-will towards the applicant and had acted bona fide in ordering his prosecution, inasmuch as the legal remembrancer, punjab, had opined that a prima facie criminal case had been made out against the ..... pratap singh kairon, (1964 (1) cri lj 224 (sc)), a five judge bench of the supreme court of india in its judgment d/-2-8-1963 observed,''the appellant has not been able to produce before us materials to explain why the punjab chief minister should be personally hostile ..... the action of the opposite party could not be excused on the ground that he had acted under counsel's opinion, unless it was shown that his final advice was properly followed, (vide ..... radclyffe, (1887) 4 tlr 59, it was held that where the prosecutor knew that the acts on which the prosecution was founded were done openly and in assertion of a legal right, there is in general no reasonable and probable cause for ..... kapur has now filed this application, dated 1-1-1963 under section 476 of the code of criminal procedure with the prayer that an inquiry by a first class magistrate be ordered for the prosecution of the opposite party under sections 193, 195, 196, 199, ..... took reasonable care to inform himself of the true facts before giving the plaintiff into custody, or, as i will amplify the question, whether a prudent and cautious man under the circumstances would have acted in the same way, which, i take it, is the same thing; ............ ..... of 1963 (sc) .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3302
..... receipt of the articles is fixed/prescribed and sender chooses by his own to send the articles to the addressee through registered post, in that eventually alone the post office would continue to act as agent of the sender and not of addressee and for any delay in transit the addressee would not be responsible for simple reason that in such situation it cannot be held that ..... that in cases where there is no contract or request, either express or implied by the addressee/payee/creditor authorising the sender or debtor to send the cheque by post the post office would continue to act as an agent of the drawer/sender/debtor and not of payee/addressee, therefore, in my opinion, the facts of the instant case clearly fits in the facts of ogale glass works case and ..... 2009, and in all probabilities it was expected to reach the commission on 18th or 19th february, 2009 before the last date of the receipt of the application form but on account of fault or negligent act of post office personnel which was acting as agent of the commission, it was reached to the office of the commission on the next day of last date of receipt of application form, therefore, on account of fault or negligence of post office ..... . it is really a branch of the public service, providing postal services subject to the provisions of indian post office act and rules made thereunder, but in para 10 of the said judgment it was further observed that 'it is, however, not necessary to examine the circumstances and the sense in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All44
..... the latter was a case where proceedings were taken in respect of an act said to constitute contempt of court, and it was laid down that where a person was restrained by a judicial order from proceeding with a certain action, the person so ordered was not justified in disobeying the order merely ..... shikandarkhan : [1963]2scr285 . .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All58
..... tenancy act in the revenue court against the appellant for a declaration that he had acquired hereditary tenancy rights in a plot under section 180 (2) of the said act summons of that suit was issued to the respondent but the same could not be served on him personally. ..... the stay order dated 2-12-1963 is discharged. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All436
..... area committee, as the case may be provided that the kshettra samiti or zila parishad may nevertheless:-- (a) have its office within the aforesaid limits,(b) construct, maintain and control within the aforesaid limits any school, library, hospital, dispensary, poor house, asylum, orphanage, inspection house or other building or institution which is not maintained exclusively for the benefit of persons re-siding within the aforesaid limits, and(c) do anything within ..... :--'a corporation or a body politic or body incorporate is a collection of many individuals united into one body under a special denomination, having perpetual succession under an artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual, particularly of taking and granting, property, of contracting obligations, and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights more or less extensive, according ..... samiti was accordingly about to convene a meeting of its members but a subsequent direction was received on telephone by the district planning officer in january, 1963 from the development commissioner directing that the proposed meeting of the samiti should not be held and its former decision should not be reconsidered. ..... aggrieved by the order of the development commissioner dated 24th october, 1963 the petitioner has come to this court and has prayed that certiorari be issued and that order .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All16; 1964CriLJ24
..... public nuisance has been defined in section 268 as follows :'a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicility, or which must necessarily cause injury, obstruction, danger or annoyance to persons .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All17
..... but that act deals with the rights of inheritance to property and of guardianship to child. ..... some arguments were based on interpre tation of the different sections of act xv of 1856. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All34
..... (united provinces amendment) act, 1948, for enforcement of a mortgage or charge thereon ..... amending act, it was the bounden duty of the court itself, upon which the duty of executing the decree lay, to refrain, in obedience to the dictates of the law, from passing an order directing sale of the house in dispute.9 ..... amending act, the law prohibits the court from selling such ..... amending act, even though the decree itself was for sale of such property in enforcement of a mortgage or charge thereon ..... amending act is to make such property sacrosanct against any process in execution for sale thereof in execution of any decree, whether it was passed before or after the commencement of the u. p ..... amending act would be rendered altogether meaningless ..... amending act had come into force, is wholly irrelevant for the purpose of deciding whether particulars mentioned in clause (c) were exempt from sale in execution of a decree for enforcement of a mortgage ..... united provinces amendment) act, 1948'. ..... amending act, as passed by the legislature, is the use of the expression 'whether passed before or after the commencement of the c. p. c ..... amending act runs as follows:'explanation (1-a)--particulars mentioned in clause (c) are exempt from sale in execution of a decree, whether passed before or after the commencement of the c. p. c ..... amending act had come into force constitutes another good ground for the contention that the present objection of the judgment-debtor was barred by the principle of res judicata.4 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All37
..... it was intended to act as a coercive provision for the purpose of enforcing the terms agreed upon between the parties.6. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All63
..... khan, air 1962 sc 1778, it has been laid down that there is no automatic cesser of citizenship by virtue of section 9 of the citizenship act and unless actually a determination is made by the central government to the effect that the person has lost his citizenship he shall be deemed to continue to be a citizen. ..... will arise and the suit will be dismissed but if it finds that the applicant was an indian citizen on 26-1-1950, it may have to stay the suit pending decision by the central government under section 9 of the citizenship act.4. ..... hearing on the sole ground that the suit was not maintainable; the civil court had no jurisdiction to decide the question of citizenship and the jurisdiction to do so vested in the central government under section 9 of the citizenship act. .....
Tag this Judgment!