Court : Allahabad
Reported in : AIR1977All399
..... section 3 (1) (a) of the 1947 rent control act, as it stood before the 1954 amendment, provided--'(a) that the tenant has wilfully failed to make payment to the landlord of any arrears of rent within a month of the service upon him of the notice of demand from the landlord.'7. ..... babu ram (1964 all lj 458) a division bench reiterated that the amendment of clause (a) in 1954 did not change the position and the principle laid down in sohan lal's case (1957 all lj 503) was still applicable ..... in the latter ease it was held--'it is evident that the object of provision of section 29 is to secure prompt payment of rent by the tenant to the landlord during the pendency of proceedings for eviction under the act and to discountenance any attempt on the part of the tenant from stopping the payment. ..... it is clear that the disability is imposed by sub-section (1) of section 29 of the act from contesting any proceeding without making deposit 'as laid down therein on a tenant against whom an obligation has been cast under section 29'.now section 21 of the act provides that an order for eviction will be made if the tenant has not paid rent 'legally recoverable' ..... it may refuse to act under the section, leaving the liquidator to sue in the name of the company, and it will readily take that course in any case in which it is made apparent that the respondent under this procedure, if continued, would be deprived of some defence or answer opento him in a suit for the same moneys. ..... kalu ram (civil appeal no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All370
..... it is stated in mullas hindu law: 'a person who has been in adverse possession for twelve years or upwards of property inherited by a widow from her husband by any act or omission on her part is not entitled on that ground to hold it adversely as against the next reversioner on the widow's death. ..... the board, observed as follows: 'it has been urged by the learned counsel for the appellants here that rani dharam kunwar cannot be regarded as having represented the estate in her suit against balwant singh, as by her acts she was personally estopped from denying that she had validly adopted him to raja raghubir singh. ..... this appeal by the plaintiff gains( the judgment and decree of the learned additional civil judge of aligarh arises out of a suit for possession over certain propertyspecified at the foot of the plaint and forrecovery of damages and mesne profits past,pendente lite and future ..... the will of her husband and that on her death the plaintiff was entitled to get the property as a reversioner (his mother kamla devi having died during the pendency of the suit necessitating certain amendments in the plaint). ..... following observation from the judgment of this court is relevant:'we now come to the statutory defences set up by the bank. ..... ' it is impossible for us to hold that every act or omission of a female heir which is the basis of the previous decree must necessarily be something personal to her and that such a decree would not bind the ..... in defence a number of pleas taken in suit .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]47CompCas323(All)
..... has observed as follows [1964] 1 wlr 31 :' it seems, therefore, inescapable that the intention of parliament, as made manifest by the first nineteen sections of the act was to require registration of all agreements of the requisite character made after the coming into force of the act (and again i confine myself to such agreements) and equally to require the registrar to bring all such agreements before the restrictive practices court, whether or not they ..... or the feelings of a particular person and when a secretary to government apprehends a man and tells him in the order that this is being done under the orders of the governor, he is in substance saying that he is acting in the name of the governor, and, on his behalf, is making known to the detenu the opinion and feelings and orders of the governor. ..... the commission is satisfied that the mischief complained against is such which requires an enquiry to be made under the provisions of section 37 of the act, i see no ground why the hands of the commission should be fettered by proposing conditions and limitations which do not exist in the statute. ..... counsel for the respondents has not placed these subsequent amendments before me, which might have clarified the correct position with regard to allocation of business as it existed on the date of the execution of ..... the learned counsel is not applicable to this case as sub-rule (9) of rule 30a of the defence of india rules, 1962, does not require any formal expression of the decision. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All724; (1960)IILLJ373All
..... any officer of the central government exercising functions as a labour commissioner for any region, or any officer of the state government not below the rank of labour commissioner or any other officer with experience as a judge of a civil court or a stipendiary magistrate to be the authority to hear and decide for any specified areas all claims arising out of payments of less than the minimum rates of wages or in respect of the payment of remuneration for ..... or give them an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice) to any other penalty to which the employer may be liable under this act, direct (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employees of the amount by which the minimum wages payable to him exceed the amount ..... of the act has been amended by act xxx of ..... an employee has any claim of the nature referred to in sub-section (1), the employee himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, or any inspector, or any person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): provided that every such application shall be presented within six ..... defence by the employer were overruled by the sub divisional magistrate, meerut acting as the authority under the minimum wages act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All373
..... phool chand : [1970]2scr854 which laid it down in paragraph 9, at page 548, that the four conditions necessary for making out the defence of pert performance to an action in ejectment by the owner are :'(1) that the transferor has contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from ..... defendant must, before he can take advantage of the provisions of section 53a of the transfer of property act, be willing to do his part under the contract, i would direct that before ekadashi, the defendant ..... contract, taken possession of the property or any part thereof, or the transferee being already in possession continues in possession in part performance of the contract (3) that the transferee has done some act in furtherance of the contract and, (4) that the transferee has performed or is willing to perform his part of the contract.' 9. ..... was purchased by mangaroo were initiated before the amendment of section 42 of the civil p. c. by u. p. ..... khajanawa was clearly protected by section 53a of the transfer of property act, it being observable that although their suit for specific performance has failed in the first appellate court and they did not file any second appeal ..... part performance of the contract and having paid a substantial part of the consideration and having been willing to pay the balance, their possession was protected by section 53a of the transfer of property act and the suit was in either of the matter liable to be dismissed.6. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All629
..... petitioner was concerned, redundant and it assumed importance only upon the coming into force of the constitution, for the latter contains no provision cot-responding to section 266(4) of the 1935 act.we do not think that the fact that the rule was merely superfluous as regards the case of a particular class of government servants prior to the commencement of the constitution makes it ..... by this constitution, 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 ..... case of a police officer of the subordinate ranks, such as the petitioner, stands upon a somewhat different footing; for sub-section (4) of section 266 of the government of india act provides that nothing in that section shall require a public service commission to be consulted in the case of the subordinate ranks of the various police forces in india as respects any ..... 'it is convenient also to refer at this stage to section 7 of the police act, for it is the petitioner's contention that the petitioner can be dismissed only by one of the officers named therein.that section (which was amended by the government of india (adaptation of indian laws) order, 1937, and by the adaptation of laws order, .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC2954
..... rule 65 (1a) as substituted by notification dated 25.3.1964 was following : '(1a) the officer before whom appeals, revisions or references under the provisions of the act or these rules are instituted may transfer any case instituted or pending before him to any other officer empowered to hear and decide such case, or recall case pending before any other officer ..... the said observations are not applicable when now rule 65 (1a) has been amended specifically empowering the district deputy director of consolidation to transfer a revision. 13 ..... above observations were made by this court when rule 65 (1a) was not amended and as it stood before the u. p. ..... after the amendment of rule 65 (1a) by 21st amendment rules, 1980, following specific provision has been added under rule (1a) : 'the district deputy director of consolidation of a district where joint/deputy/ assistant director of consolidation is posted may call for record of any revision ..... rule 65 as it exists after 21st amendment rules, 1980, dated 20.2.1980 is as follows ..... ' the statutory intendment by amending rule 65 (1a) in above manner is to confer specifically the power of transfer to the district deputy director of consolidation ..... of this court in mewalal's case (supra), considered rule 65 (1a) as it existed after amendment dated 25.3.1964. ..... pertinent to note that rule 65 (1a) was differently worded prior to amendment dated 20.2.1980. ..... (1a) as was noted and considered in devi prasad's case (supra), shows that it was not amended rule. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC1996
..... not to challenge the interim award within a period of limitation as contemplated under section 34 of the act and elections having been permitted to be conducted on the basis of amended constitution cannot be allowed to be turned down and challenged. ..... of the instant case cannot be said to be of temporary nature and subject to final award being passed, inasmuch as the arbitrator by giving interim award, finally decided the matter between the parties by breaking amendment of the constitution on the basis of which subsequent elections were held. ..... objection of the appellant under section 34 of the act and refusing to set aside interim award as well as final award, prima facie suffers from illegality to the effect that interim award having merged in final award and objection under section 34 of the act having been preferred within a prescribed period of three months ..... that interim award as well as final award (as defined under section 2(i)(c) of arbitration and conciliation act, 1996 (hereinafter called the act'), which defines expression : ' 'arbitral award'' includes an interim award. ..... to the objection/grounds of challenging the final award and i find no illegality in the same which may warrant an interference by this court with an order passed by the district judge under section 34 of the act.9. ..... having merged in the final award, contents of interim award can also be assailed and it cannot be said that his objections against interim award are time barred under section 34 of the act.6. .....
Tag this Judgment!Court : Allahabad
Reported in : [2000(86)FLR500]; (2000)1UPLBEC897
..... the said judgment has last its efficacy in view of subsequent amendment in the regulations and also the guidelines and criterion laid down by the apex court on the subject.16. ..... moreover, the ratio laid down in the aforesaid case of brijesh kumar dwivedi (supra), does not hold good after regulations have been amended and substituted by government order dated 2-2-1995.13. ..... finer aspects and other modalities may be deliberated by the concerned authorities while framing or amending rules and the regulations.31. ..... there is nothing to dislodge the defence of the respondents para 7 of the counter-affidavit.25. ..... further, the regulations under the act contain no provision similar to that of rule 7 of dying in harness rules as are quoted in the aforesaid case of manager, committee of management, ganesh shankar vidyarthi inter college (supra).29. ..... intermediate education act, 1921 and a condition is imposed making it obligatory upon a beneficiary to give an undertaking/bond to maintain other dependents of family members like widow and minor children. ..... intermediate education act, 1921 is applicable to the institution in question. ..... application of the petitioner was considered under relevant regulations 101 to 107 of the regulations framed under the act. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)2UPLBEC1209
..... inspector of schools nor the service commission made any appointment against these vacancies on account of which teaching was suffering and as such the management made an advertisement for appointment of two teachers under section 18 of the act and also constituted a selection committee which held interviews and the names of the plaintiffs who were selected were recommended for ad hoc appointment to the post of l.t. ..... it was held that under para 7 of the first removal of difficulties order as amended by the fourth removal of difficulties order a dispute regarding promotion or direct recruitment under the order had to be referred to the deputy director of education and his decision would be appealable to the director whose decision was made ..... the trial court dismissed the suit holding that it was barred by the provisions of section 41(h) of the specific relief act and the plaintiffs had an alternative remedy before the district inspector of schools and by filing representation before the regional deputy director of education. ..... the implied bar to the jurisdiction of the civil court by alternative forum of redressal of grievance cannot be widened because it is well settled that the civil court is a court of plenary jurisdiction and an implied bar to its jurisdiction must flow out by necessary implication. ..... in the present case the defence of the appellants was that the appointment of the plaintiff is not valid. .....
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