Court : Allahabad
Reported in : AIR1972All83
..... as we find from the notification, the state government, oblivious of the change effected by the amending act of 1949, still referred to section 8 as the section giving power for making rules instead of section 9, and the ..... sub-sections (2) and (2a) of section 5 of the act were substituted by the amending act but sub-section (3) remained intact, retaining as before the control of the state government over the licensing ..... cancellation of his licence for violating a term of the lease and for failure to prove continuing valid lease was allowed, but it was a case under the bombay cinemas (regulation) act, 1913 which entitled an occupier to get a licence and hence it was held that licence should not have been cancelled as long as a decree was not passed against the tenant for ejectment. ..... the public safety cannot be secured unless the licensee is not only a person who is liable to penalty for not making compliance with the requirements of the licence, the act and the rules, but is also legally in a position to do so; obviously such person must have a legal connection with the premises to be licensed and cannot be a person having in law no legal interest ..... there the petitioner was retired under article 465-a of the civil service regulations where the power existed for the retirement of the petitioner only under article 465 of those regulations and the state did not (sic) ..... to contain assertions of facts and it is not like a written statement which sets out evenlegal pleas in defence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All345
..... in exercise of the powers conferred by section 242(2) government of india act, certain amendments were made in the schedule of the civilian in defence service (revision of pay) rules, 1947. ..... article 310 then provides that every person who is a member of a defence service or of a civil service of the union or of an all-india service or holds any post connected with defence or any civil post under the union, holds office during the pleasure of the president, and every person who is a member of a civil service of a state or holds any civil post under a state holds office during the pleasure of the governor as the case ..... : (1954)iillj678sc , it was observed as follows at page 250: 'the rule that a civil servant' holds office at the pleasure of the crown has its origin in the latin phrase 'durarate bene placlto' meaning that the tenure of office of a civil servant, exceptwhere it is otherwise provided by statute, can be terminated at any time without cause assigned ..... power is conferred upon the governor by article 309 to make rules regulating the conditions of service of civil servants of the state government, but such power is subject 'inter alia', to the provisions of article 310, and no rules can be made which fetter or restrict his power to dismiss ..... 'at pleasure' in article 310 concerns itself with the tenure of office of the civil servant and does not relate to the conditions of service. ..... all that article 310 deals with is thatevery civil servant holds' his post during the pleasure .....
Tag this Judgment!Court : Allahabad
Reported in : [1995(70)FLR733]; (1996)ILLJ20All
..... regards the first submission of the learned counsel for the petitioner it has been pointed out in paragraph 2(1) of the counter affidavit of the cantonment board that earlier the qualification for the post of assistant engineer (civil) was a degree in civil engineering but subsequently it was amended and a departmental candidate possessing either a degree in civil engineering or three years diploma in civil engineering with seven years experience was also made eligible vide annexure-4 to the said counter affidavit. ..... we have already observed above that the said decision of ministry of defence applied only to the employees of the defence department and there is nothing to show that it applies to the employees of the cantonment ..... the said order dated may 20, 1988 has not been annexed along with the counter affidavit but a perusal of paragraph 7 shows that the said decision has been applied to the employees of the defence department the post in question is not a post in the defence department but in the cantonment board which is a statutory body established under the cantonment act and is a distinct legal entity separate from the defence department. ..... hence the said decision of the ministry of defence dated march 20, 1988 cannot be of any assistance to the respondent ..... was over aged learned counsel for the respondent has invited our attention to paragraph 7 of the counter affidavit of board in which reference has been made to some decision of the ministry of defence dated may 20, 1988. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All598
..... the subordinate judge decreed the suit but the high court reversed the decree holding that it was not possible to obtain partial relief on mortgage and allowed the plaintiff to make necessary amendments in the plaint and sent the case back to the trial court their lordships of the privy council held that the mortgage effected the conveyance of the real estate to the mortgagees as tenants in common, and no ..... the attempt to implead a co-owner after the period of limitation i feel tempted toad opt the reasoning employed in the following passage :'it is no doubt true that the limitation act bars the remedy and not the right, the right remains; but it cannot be enforced by judicial process. ..... the defence was that kamal singh died leaving two daughters and sheo prasad singh died leaving a sister, who also died leaving a son, who is ..... defect is of substance and not merely one: of procedure which may be curable by recourse to the provisions of order 1, rule 9 and order 1, rule 10, civil p. c. ..... read with order 34, rule 1, civil p. c. ..... ) the subsequent mortgagee was not impleaded and it was held that order 34, rule 1, civil p. c. ..... defined the object of order 1, rule 9 in the following words :'the paramount object of order 1, rule 9, as indeed of all the rules contained in schedule 1, civil p. c. ..... with the argument based on order 1, rule 9, civil p. c. ..... trial court held that the suit was liable to fail not because of the non-joinder of the parties as required by order 34, rule 1, civil p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All121
..... section 10, limitation act, as amended by act 1 of 1929, would certainly save limitation unless it is found that before the amendment came into force the defendants had already completed 12 years and the right of the plaintiff ..... their lordships were of the view that the wakf had been validly created by abdul latif and the decree of the court of the second additional civil judge of aligarh dated 18th july 1917 and that of the high court dated 15th january 1921 respectively were varied by granting to the appellants possession of the properties covered by ..... judicata it has been argued by the learned counsel for the plaintiff-appellant that far from the plaintiff's claim being so barred it was the defence that was barred by a decision of their lordships of the judicial committee in a suit, no. ..... thatany matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.if the question as to the validity of the wakf had arisen in a fresh litigation ..... res judicata learned counsel for the appellant has argued that his suit was not barred, bat it was the defence that was barred by the decision of their lordships of the judicial committee. ..... having on 17th june 1929 held that the wakf was valid to the extent of the share of abdul latif khan the decision of the judicial committee must be deemed to bar the defence as it was a later decision and a decision of a higher tribunal.9. .....
Tag this Judgment!Court : Allahabad
Reported in : (1921)ILR43All660
..... the learned judges who decided that case had to consider the effect of certain rules made by the bombay high court under section 662 of the old civil procedure code, which required that the rules must be 'consistent with' the code, and being conscious of this limitation, they were of opinion that the rules were ultra vires for the purposes of the ..... it is true that this court has no power to alter or amend the limitation act, but it can alter its own procedure. ..... by the new section 122 of the code of 1908 this high court was empowered to make rules regulating its own procedure and the procedure of the civil courts subject to it, and by such rules, to alter any of the rules in the first schedule of the code. ..... undoubtedly affected by rule 2 of chapter iii, and rule 2 of chapter iii must be taken to have been made under section 122 of the code, because it purports to have been made under the letters patent and the acts of the indian legislature, and there is nothing in the allahabad letters patent which in any way authorizes or justifies it.14. ..... ' after the period of limitation prescribed therefor shall be dismissed although limitation has not been set up as a defence. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All171
..... suit which has given rise to the present appeal, however, was instituted in 1945 and we have to see whether such a suit could be instituted in the civil court under the provisions of the act as it stood in 1945.there has been a conflict of opinion between the allahabad high court and the erstwhile oudh chief court on a matter of jurisdiction in ..... originally it was argued on behalf of the appellant that even before the amendment of section 180, the suit should have been instituted in the revenue court inasmuch as the defendant in his defence pleaded that he was a tenant and the landlord also, when he was impleaded in the ..... clearly of opinion that a suit such as the one which has given rise to this appeal and which was within the cognizance of the civil court, and was brought presumably under the provisions of section 9 of the code of civil procedure, is to 'be governed by the provisions of the indian limitation, act the only articles which apply to such a case are arts. ..... it may also perhaps be conceded that a finding on the plea raised in defence may also affect the jurisdiction, but mere allegations made by a defendant should not be enough to decide the ..... allahabad view was that a suit by a tenant could not be instituted in the civil court and that the only forum for such a suit was the revenue court, vide ..... section 183 was amended in 1947, and after the amendment there is no doubt that a suit such as the one which has been instituted by the plaintiffs, ought now to be instituted .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All90
..... , held:having regard to the usefulness of the sale of food and drugs act, i think it is most important that we should not throw any doubt upon the decision to the effect that want of guilty knowledge is no defence to a prosecution of this kind, and that if a servant acting within the scope of his authority commits an infringement of the act the master is responsible.his lordship went on to hold that in cases of this kind; however, only a nominal penalty need be imposed ..... interpretation cannot be controlled by the suggestion that because the legislature has made amendments in one act it necessarily follows that in another enactment the master is not to be held liable for the act of his servant. ..... learned judge went on to hold that the rulewhatever a servant does in the course of his employment with which he is entrusted and as a part of it is the master's act,which is of general application so far as civil liability goes, 'is applicable to certain criminal proceedings also'. ..... in a civil action the master is liable for damages for injury caused to another by the negligence of the servant while acting within the scope of his authority or in the course of his ..... ,deputy secretary to government, civil supplies (b) department, tothe district magistrate, cawnpore.dated luoknow, 17th may ..... for public nuisances, no civil action could be brought in england and the only remedy was by an indictment and the master could always escape liability by setting a servant upon work that, may result in a .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC719
..... madhur prakash, learned counsel for the appellant contends that the amendment sought for is in the nature of elucidation of statement already made and shall not change the nature and character of the defence neither it will introduce a new defence or change the front, therefore, this statement should have been allowed.3. mr. ..... circumstances, it is not necessary to incorporate the amendments which are unnecessary elaboration of the defence already pleaded in the written statement. ..... circumstances, after having heard both the learned counsel and going through the order impugned as well as the written statement and the amendment of the order passed by this court in the earlier revision filed on behalf of the defendant no. ..... even without the amendment, thosefacts relating to the question as to whether the deed of partition dated 23rd march, 1974 was genuine or acted upon, as has been pleaded in the written statement itself, can be ..... had sought to amend the said written statement which was refused by the learned civil judge, kasganj, ..... 3 as well as the amendment, it seems that the main ingredient which has been sought to incorporate by amendment, are already present in the written statement and the statement made in the written statement appears to be in the context of the suit, inasmuch as in the suit the plaintiff has based his claim on the registered deed of partition dated 23rd march, 1974 alleged to have been acted upon. ..... 1974 stated to have been acted upon between the parties, the .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1186
..... that the trial court has misconstrued the provisions of order xv rule 5 of the code of civil procedure and wrongly struck off the defence of the defendant-applicant inasmuch as under order xv, rule 5 of the code of civil procedure, only admitted amount is to be deposited by the defendant-applicant but defendant-applicant has not admitted any amount which is due and as such, the defence was not liable to be struck off : and 2. ..... therefore, the only question which is required to be considered is whether the applicant has incurred penalty of having his defence struck off for non-compliance of the mandate with regard to deposit of the monthly amount due within a week from the date of its accrual regularly during the continuation of the suit ..... that the application of the plaintiff-opposite parties for striking off the defence of the applicant was notmaintainable after close of the evidence of the plaintiffs' witnesses and the trial court committed illegality in entertaining and allowing the application. ..... instant revision under section 25 of the provincial small cause courts act, 1887, as amended by the state of u. p. ..... commits default in making the deposit of the monthly amount due during the continuation of the suit, even after the closure of the evidence of the plaintiff, the court shall have power to strike off defence, and to consider the application made by the landlord under order xv. ..... the provisions of rule 5 of order xv of the code, as amended by the u. p. ..... and eviction) act. ..... act .....
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