Court : Allahabad
Reported in : AIR1976All111
..... the code of civil procedure which provides for compensatory costs in respect of a false or vexatious claim or defence, was inserted in the code of civil procedure by means of an amendment in 1922. ..... number of cases determining its scope had been decided by various, courts when section 7-b was added by section 9 of the amending act xliv of 1948. ..... amendment) act ..... said that:'where cases have been decided on particular forms of words in courts, and acts of parliament use those forms of words, which have received judicial construction, in the absence of anything in the acts showing that the legislature did not mean to use the words in the sense attributed to them by the courts, the presumption is that parliament did ..... appellant there after urged that an order under sub-section (11) of section 7-b of the act could be passed by the learned munsif only after the proceedings had been converted into a suit ..... a landlord a speedy remedy to recover rent as against a tenant who is in arrears of the same having come in occupation under an order of allotment, on a notice of an application under section 7-b of the act beipg issued and served on a tenant, two courses are open to him. ..... had been found to be void by the rent control and eviction officer under section 3-a of the act, hence the respondent was not liable to pay rent at that rate. ..... 33,000/-as special costs under sub-section (11) of section 7-b of the act on the finding that there was absolutely no agreement about the rate of rent between the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All13
..... lessee from a building after the determination of his lease, or for recovery from him of rent or damages, and (b) it is pending in a regular civil court and recording of oral evidence for any party has not commenced or concluded before the commencement of the civil laws amendment act, 1972, that is, on 20th september, 1972. 15. it was urged that this provision singles out those pending suits in which recording of evidence has ..... amended section 42 by the civil laws (amendment) act ..... civil laws amendment act (sic) (provincial small cause courts ..... civil laws (amendment) act, 1972, (act ..... . the civil laws amendment act came into force ..... . civil laws amendment act for transferring pending suits only sought to achieve the proclaimed object, namely, that suits of the mentioned kind should be speedily ..... . civil laws amendment act ..... civil laws amendment act, ..... rupees, or as the case may be, one thousand rupees, or not), or the proviso to sub-section (3) of section 15 of the provincial small cause courts act, 1887, instituted before the date of commencement of this act in any court other than a court of small causes or a court of civil judge or munsif exercising jurisdiction of a judge of a court of small causes and pending in that court immediately before the said date, not being a suit in ..... of this act all the seven suits were transferred to the court of the judge, small causes, kanpur, who, after recording the evidence and hearing the parties, repelled the defence and decreed the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All218; 1959CriLJ409
..... relation to an area or areas.in view of what we have said above it is perfectly plain to us that the purported appointment of sri bansal as a special judge under section 6 (a) of the criminal law amendment act of 1952 was on invalid appointment and that as such sri bansal could not function as a special judge in relation to the case which he had been asked to decide, i.e. ..... sri bansal's appointment as a special judge was made, as we have already indicated, under the provisions of section 6 (1) of the criminal law amendment act, section 6 (1) of the criminal law amendment act is in these words :'the state government may, by notification in the official gazette, appoint as many special judges as may be necessary for such 'area or areas' as may he specified in the notification ..... civil and sessions judge of lucknow, who was appointed a special judge under the criminal law amendment act of 1952 (act ..... bansal was appointed a special judge, under the provisions of the criminal law amendment act was itself bad, so that if the appointment of sri bansal as a special judge was bad in law, then the question as to where sri bansal was to function for ..... the prisoners that by this notification they had been discriminated and further that by holding the trial in the model prison the prisoners were going to be prejudiced in their defence if in nothing else#in this that they will be unable to have proper legal assistance because a senior counsel would be unwilling to go and appear on their behalf in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All353
..... civil laws (reforms and amendment), act, 1976 (act no. ..... by the amendment made, it has now been made clear that the amount deposited under this act may at any time be withdrawn by the plaintiffs. ..... 37 of 1972, made a provision of striking off the defence on non-deposit of admitted rent under the aforesaid provision. ..... as a result of this amendment, it is clear that the plaintiff is entitled to withdraw the amount whatever is deposited by the defendant. ..... was amended by u. p. ..... , as amended by u p. ..... act no. ..... act no. ..... this is a defendant's revision filed against a judgment of the district judge, bulandshahr, dated 22-3-1977, allowing a revision preferred by the plaintiffs under section 25 of the provincial small cause courts act.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All662
..... learned counsel appearing for the appellant relies upon the recent amending act, x [10] of 1947. ..... added by whicha co-sharer in the proprietary rights in a plot of land taking or retaining possession of such plot without the consent of the whole body of co-sharers or of an agent appointed to act on behalf of all of them, shall be deemed to be in possession of such plot otherwise than in accordance with the provisions of the law within the meaning of this section.it, therefore, appears that under the law, as amended by this act, a co-sharer also can now be ejected in a suit under section 180, u.p. ..... now, section 31 of the said act makes the amendments made by the said act retrospective in operation and applicable to all pending suits, appeals and ..... suit was, therefore, cognizable by the revenue court, provided the amendment made by the aforesaid act applied to the case.6. ..... an issue about the proprietary title of the defendants was referred to the civil court, which found that the defendants were co- sharers, but were not in possession as such ..... 18 of the said act has amended section 180, u.p. ..... is quite clear, therefore, that the amendment applies to the present second appeal.7. ..... the defence of defendants 1 and 2 was that they were not trespassers, but that they were co- sharers, and that they could not be ejected.3 ..... is urged that the entire body of co-sharers did not file the suit and it has not been shown by the plaintiff that he was an agent appointed to act on behalf of all of them.5. .....
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ362
..... amendment) act, 1961, with the intention of taking unauthorised possession or making unauthorised use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served ..... amendment), act, 1961.2. ..... the defence of the applicant was that he and his father had made certain pucca constructions on the land with the permission of musaddilal and as such they were lawfully in possession and were not liable to be ejected.3. ..... as amended by uttar pradesh criminal laws (u.p. ..... the dispute is clearly of civil nature. ..... it has not been proved that he had committed any such act. ..... act xxxi of 1961:-441. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All358
..... of the legislation with regard to these suits against trespassers has been that upto the agra tenancy act the civil court and the revenue court had concurrent jurisdiction while under the u. p. ..... this sub-section (2), the full bench held that the legislature had made its intention clear that against the trespasser who claimed proprietary rights, the suit would lie in the civil court and against the trespasser who claimed tenancy right, the suit would lie in the revenue court. ..... after the decision of that full bench case, there was a slight amendment in sub-section (1) of section 180, by which the word 'tenant' was removed from the phrase 'without the consent of the person entitled to admit him as tenant' and was substituted by the words ..... this was unnecessary and therefore, the phrase was altered so that after the amendment tenants also were entitled to file a suit against the trespassers. ..... action is one in respect of which no relief can be claimed in the revenue court then the suit is maintainable in the civil court and once the suit is maintainable in the civil court then there is no bar in civil court granting all possible reliefs flowing from that cause of action. ..... after this amendment it is pressed that every suit against all kinds of trespassers whatever be their claim, became entertainable ..... this amendment to our mind, therefore, did not affect the reasoning which was accepted by the judges constituting the full bench we, therefore, relied upon this full bench case and stated in .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)IIILLJ650All
..... any such person : i) who is subject to the army act, 1950 or the air force act, 1950, or the navy (discipline) act, 1934; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding five ..... (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include ..... the legislature in its wisdom in 1976 by making amendment in the code of civil procedure by act 104 of 1976 introduced this provision in order to avoid piecemeal trial. ..... industrial disputes act, there is no amendment in the pay of workman i.e ..... (2) material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All703
..... lastly it is contended that in view of the united provinces arbitration amendment act, 1912 there can be no valid submission to arbitration at all unless the agreement of reference contains, in express terms, the statement that the reference was being made under the arbitration act. ..... the main defence to the suit was that under clause 6 of the agreement the dispute had to be referred to arbitration and could not be heard by the court. ..... the object of defining 'submission' as meaning a written agreement to submit present or future disputes to arbitration under the arbitration act 1899, was to make it clear that every submission to arbitration, whether it professes to be under the arbitration act or not, must of necessity be under the act. ..... this is a civil revision from a decree of the court of small causes dismissing the suit. ..... the result is that in places in the united provinces where the arbitration act is applicable there cannot be any submission to arbitration except under the arbitration act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1914All552; 25Ind.Cas.821
..... ' in my opinion the section was amended to include a case like this and to make it quite clear that the interpretation placed upon section 317 of act xiv of 1882 by the bombay high court was the right interpretation of that section ..... there is no ruling of this or any other high court, so far as i know, construing section 260 of act viii of 1859 on these lines, but there, have been a number of cases under section, 317 of act xiv of 1882 in which similar words occur holding that the wording of section 317 protects only the certified purchaser and not any person claiming through ..... they have urged that the suit is barred by section 66 of the code of civil procedure, and that the plaintiffs cannot maintain this suit against them who are claiming title under a purchase certified by the court within the meaning of section 66 of the said code ..... the repeal of the code of civil procedure which contained that provision, it is no longer available by way of defence. ..... in other words, it was a special plea by way of defence available only to the auction-purchaser when he was a defendant to the suit and chose to avail himself of the ..... think that the suit must be governed by the code of civil procedure now in force.10. ..... chunder has argued that the same construction ought, to be put on section 260 of act viii of 1859, as the language of the two. ..... under section 260 of that act a suit against the certified purchaser is ..... first is that the auction-purchase took place while act viii of 1859-was in force. .....
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