Judgment Search Results Home > Cases Phrase: cantonments act 1924 section 5 the effect of including area in cantonment Sorted by: old Court: allahabad Page 1 of about 168 results (0.187 seconds)

Ram NaraIn Son of Sunder Lal, Vs. Sub Divisional Officer and ors.

Court : Allahabad

Reported in : 2008(1)AWC35

..... municipality act-1916 or a cantonment under the provisions of the cantonment act, 1924 or a town area under the provisions of the ..... the matter the provisions of other chapters of the act including the provisions of chapter vii of the act, which contains the provisions of section-123 and to which we are concern, in our considered opinion, shall continue to apply with full force and declaration made under section-143(l) would not affect the operation and applicability of the provisions of chapter vii of the act, which includes section 123 in respect of such land and further on such declaration, the land which is subject matter of declaration is neither excluded from the definition of the 'land' under section 3(14) of the act nor the ..... far as the question with regards to the non-applicability of the provisions of the act in respect of land in dispute on the allegation that it is situated in the municipal area of nagar palika parishad, samli is concern, it is pointed out that the petitioner did not make any averments in the writ petition to the effect that on 7th day of july 1949 land in question was included in the municipality or a notified area under the provisions of the u.p. ..... this connection, it is also significant to notice that the provisions of sub-section (2) of section 123 are coached with deeming provisions and also with non-obstante clause having overriding effect upon the other provisions of the act, therefore, full effect of the provisions has to be given by the courts. .....

Punjab Lime and Lime-stone Co. Vs. Cantonment Board and anr.

Court : Allahabad

Reported in : AIR1967All15

..... followed the tax would be perfectly valid notwithstanding the fact that municipal boards can levy the same tax with certain limitations i should like to add that there is no allegation to the effect that the procedure laid down in sections 60 to 63 of the cantonments act was not followed i do not find any force in the second argument advanced by the learned counsel for the petitioners ..... a power is as much as 'a law in force' as a statute defining rights i fail to see how it can be argued that section 60 of the cantonments act was not 'a law in force' in the territory of india immediately before the commencement of the constitution the legislative lists cannot invalidate and make void an enactment which has been in existence from before. ..... the cantonments act (ii of 1924) contains the duties and discretionary functions of cantonment ..... to articles 18(3)(b) and 366(10) of the constitution which read thus :''laws in force' includes laws passed or made by a legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, nothwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. ..... has been argued that the central legislature in 1924 delegated certain powers of taxation to the cantonment board today the delegalor, that is the central legislature, has no power to legislate imposing tolls and that, therefore, its delegates, the cantonment boards, can have .....

Smt. Khuslata Tiwari Vs. Director, Defence Estates and Others

Court : Allahabad

..... noticee was required to show cause as to why action under section 184 of the cantonment act, 1924 should not be taken against him. ..... in this regard reference may be made to section 179 of cantonment act, 1924 which starts with words whoever intents to erect ........... ..... however while granting sanction to construct either under cantonment act or any other law relating thereto like municipalities act or development and planning acts, the question whether the person seeking permission to build is authorised to do so over the particular piece of land cannot finally be decided. ..... no constructions can be carried out on old grant site without prior permission of the competent authority and subject to the prescribed formalities as per the land polity/ cantonments act. ..... executive officer of the cantonment board issued notice to the father of the petitioner on 26.04.1991 copy of which is annexure-i to the writ petition and to the property manager of bungalow no.51, varanasi cantt. ..... the appellate court has noted the arguments of ldta to the effect that masih charan had been asked to vacate the premises and he had carried large construction without permission of hor (ldta). ..... ldta to evict the tenant on any ground including the ground of unauthorised construction in the sense that constructions were made without the permission of ldta. .....

State of U.P. Thru Secy. Lucknow Vs. Jagdish Chandra

Court : Allahabad

..... in this section, in sub- section (1) of section 11 and in sections 14 and 23, "state government", in relation to- (a) any vacant land owned by the central government, means the central government; (b) any vacant land owned by any state government and situated in the union territory or within the local limits of a cantonment declared as such under section 3 of the cantonments act, 1924 (2 of 1924), means that ..... the publication of the notification under sub-section (1) the competent authority may, by notification published in the official gazette of the state concerned, declare that the excess vacant land referred to in the notification published under sub-section (1) shall, with effect from such date as may be specified in the declaration, be deemed to have been acquired by the state government and upon the publication of such declaration, such land shall be deemed to have vested absolutely in the state government free from all encumbrances with effect from the ..... (4) during the period commencing on the date of publication of the notification under sub-section (1) and ending with the date specified in the declaration made under sub- section (3)-(i) no person shall transfer by way of sale, mortgage, gift, lease or otherwise any excess vacant land (including any part thereof) specified in the notification aforesaid and any such transfer made in contravention of this provision shall be deemed to be null and void; and (ii) no person shall alter or cause to be altered the use of such .....

Delhi and London Bank Limited Vs. Bhikari Das and ors.

Court : Allahabad

Reported in : (1902)ILR24All185

..... the bank contends that, inasmuch as it paid the first mortgagees the full amount of their claim, it was entitled, under section 74 of the transfer of property act, to all the rights and powers of the first mortgagees in the mortgaged property; and that, inasmuch as the mortgagor's interest in the property had passed to the mortgagees upon their purchase made on the 21st of september, 1896, the bank was entitled to stand in the shoes of the mortgagees, and to have their rights not merely as mortgagees, but also as purchasers of the equity of redemption, that is, of the mortgagor's interest. ..... 13,638-10-0, which was the amount then actually due to the respondents for principal and interest on foot of their mortgage at the date of their purchase, the bank should have proprietary possession of the property included in its mortgage, and possession as mortgagee of the property which was not included in that mortgage, but which was included in the respondents' mortgage, and which had passed to them under their purchase. ..... on foot of thi3 mortgage the bank instituted a suit for recovery of the moneys due to them, and obtained a decree for sale of the mortgaged property on the 6th of april, 1895, and at the sale, which was subsequently held in pursuance of that decree on the 21st of september, 1896, the bank purchased the property which was included in its mortgage. .....

Murlidhar Vs. Lali

Court : Allahabad

Reported in : (1902)ILR24All195

..... ' it is thus clear that in that case their lordships expressly refrained from pronouncing an opinion as to the effect of the alteration in the law made by the act we have to construe. ..... he also alleges that at the settlement of 1877, dhanraj made a will, which he caused to be recorded in the village administration paper, to the effect that on his death the plaintiff should be his heir, and that if a son should be born to him (dhanraj), the son and the plaintiff should hold the property in equal shares. ..... ' that no doubt, as an expression of opinion by the highest tribunal, is entitled to great respect, but it seems to us to stop short of deciding the question now raised and not to afford a sufficient justification for departing from the course of rulings which exist in this court on the point, more specially as the effect of that observation was considered in nathu singh v. ..... it is noticeable that, although one or two hundred guests are said to have beau present at the time of the adoption, including residents of kosi, not a single witness from kosi has been called, although it is proved that some at least of those witnesses are alive and might have been called. ..... in disposing of that contention lord shand observe: 'the appellant's counsel, founding on section 118 of the schedule to the limitation act, argued that the limitation of six years from the date of the alleged adoption of the appellant barred the suit. .....

Emperor Vs. Kali Charan and ors.

Court : Allahabad

Reported in : (1902)ILR24All256

..... it appears to me that under the language of this section the obtaining of such certificate is a preliminary requisite to the holding of an inquiry into such a charge ..... this is a reference by the learned sessions judge of gorakhpur, submitting the record to the high court with a recommendation that the commitment of the accused kali charan arakh, behari arakh, and girdhari arakh, who are british subjects, be quashed under section 215 of act no. ..... this section provides that no charge as to, among others, an offence committed beyond the limits of british india, or by a british subject in the territories of any native prince or chief in india, shall be enquired into in british india unless the political agent, if there be one, for the territory in which the offence is said to have been committed, certifies that, in his opinion, the charge ought to be enquired into in british india ..... the magistrate inquired into the charge without having the certificate of the political agent of nepal as required by section 188 of the code of criminal ..... the alleged offence having been committed without the limits of british india, the section forbids any inquiry until the certificate has been ..... it is admitted that the certificate of the political agent in nepal was not obtained before the commencement of the inquiry by the committing magistrate, although it was subsequently ..... will be open, however, to the magistrate to institute criminal proceedings de novo against the accused in accordance with law.2. .....

Syeda Bibi and anr. Vs. Mughal Jan and ors.

Court : Allahabad

Reported in : (1902)ILR24All231

..... conlan on behalf of the respondents that there was no suspension of the waqf created by the deed, that the direction that the deed should come into force from the date of its registration was only declaratory of the law, inasmuch as the deed could not take effect before registration by reason of the provision of the registration act that no document shall affect any immovable property unless it has been registered (section 49, indian registration act). ..... if there had been no such direction by the waqif, then according to the registration act the deed on registration would have effect from the date of its execution; but such is not the case when, as here, an executant fixes time from which the deed is to come into force.8. ..... in the second place, as regards immovable property the deed, when registered, would operate from the time from which it would have commenced to operate if no registration had been required, and not from the time of registration (section 47, registration act). ..... as a matter of fact, the registration was not effected until a week after the execution of the deed had elapsed, so that for one week the operation of the waqf was suspended. ..... there being this precise direction by the waqif that the endowment is to become effectual only on the happening of an uncertain event, there is nothing in the registration act which would make it to operate from the date of execution. .....

Hanuman Prasad and anr. Vs. Bhagwati Prasad and anr.

Court : Allahabad

Reported in : (1902)ILR24All236

..... the subject-matter of the suit in the court of first instance was under ten thousand rupees in value, but in an affidavit, which is attached to the application, it is stated that the title to an eight-anna share in mauza kot kamarhya of pandit hira nand chaube and of pandit chattardhari chaube depends on the decision of the same question, and that the title of other purchasers to the rest of the villages mentioned in the schedule annexed to the petition depends on the same question. ..... we have examined the question which is said to be involved, and we determine that it is not a substantial question of law within the meaning of the terms of section 596 of the code of civil procedure. ..... in this way it is sought to make out that, though the value of the matter directly in dispute is below ten thousand rupees, yet the decree of this court involves indirectly questions to or respecting the entire property mentioned in the schedule, which is valued at about 1,50,000 rupees. ..... we are also of opinion that when it is laid down that the decree must involve, directly or indirectly, some claim or question to or respecting property of ten thousand rupees in value or upwards, the reference is to suits in existence and not to suits, if we may so term it, in gremio futuri. ..... in this view we are supported by what is stated as the unanimous opinion of their lordships of the privy council in the case of moofti mohummud ubdoollah v. .....

Lachman Ram and anr. Vs. Mathura Das

Court : Allahabad

Reported in : (1902)ILR24All239

..... in these cases effect is given to the principle laid down by their lordships of the privy council, and in the two last mentioned cases it was held that the fact that the purchaser who was no party to the suit was interested in the result of the application, was no bar to the application of section 244, and that an application to set aside a sale on the ground of fraud would come under section 244 of the code of civil procedure, notwithstanding that the purchase was made by a person who was a ..... an appeal from this decree to the district judge of gorakhpur, when the learned judge, after reviewing the authorities, was pleased to overrule the decision of the officiating subordinate judge, and to remand the case under the section to which we have referred. ..... upon the other question as to whether the suit might have been regarded as an application under section 244, this was entirely a matter in the discretion of the officiating subordinate judge, who gave it his consideration, and came to the conclusion, in the exercise of his discretion, that the suit ought not to be treated as ..... allow this appeal, set aside the decree of the district judge, and dismiss the appeal by the plaintiff to him and we restore the decree of the officiating subordinate judge directing that the suit do stand dismissed with costs ..... case their lordships clearly stated the grounds upon which the court should act in carrying out the provisions of section 244, and expressed disapproval of some of the earlier decisions. .....