Court : Allahabad
Reported in : 2005(4)ESC2517
..... posts' means the services and posts in connection with the affairs of the state and includes services and posts in (i) a local authority;(ii) a co-operative society as defined in clause (f) of section 2 of the uttar pradesh co-operative societies act 1965 in which not less than fifty-one percent of the share capital of the society is held by the state government;(iii) a board or a corporation or a statutory body established by or under a central or uttar pradesh ..... act which is owned and controlled by the state government or a government company as defined in section 617 of the companies act 1956 in which not less than fifty one percent of the paid -up share capital is held by the state government;(iv) an educational institution owned and controlled by the state ..... to the schedule castes, the scheduled tribes and other backward class of citizens in accordance with the uttar pradesh public services (reservation for schedule castes, schedule tribes and other backward classes) act 1994 and notify the vacancies to the commission in such manner and through such officer or authority as may be prescribed. ..... under the un-amended and amended u.p. ..... has been filed in civil misc. ..... civil ..... order has been subject matter of challenge before this court by means of civil misc. ..... requisition was sent, at this juncture civil misc. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All22
..... jadish swarup, however, is that in such a case the decree-holder cannot prevent the decree being amended under the act, while where land, agricultural produce or the person of the judgment-debtor could be proceeded against in execution, the decree-holder can prevent the amendment of the decree by giving a declaration that he will not proceed against land, agricultural produce or person of the agriculturist.3. ..... section 8 of the debt redemption act provides for amendment of decree in these words:'notwithstanding the provisions of any decree or of any law for the time being in force, an agriculturist or a workman liable to pay the amount due under a decree to which this act , applies passed before the commencement of this act, may apply to the civil court which passed the decree or to which the execution of the decree has been transferred, for the amendment of the decree. ..... our answer to the question, therefore is: 'that even if the decree is not executable against land, agricultural produce or person of the agriculturist, the decree-holder is entitled to give a declaration under section 4 of the debt redemption act and on such a declaration being given, the provisions of the debt redemption act will not be applicable and the decree can no longer be amended. ..... debt redemption act 13 of 1940 for amendment of the decree. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All24
..... the execution application is within time against the mortgagor, it is not open to the applicant to say that it is not within time against him on the ground that he is not bound by the amendment of the decree.as a second mortgagee, the applicant had certainly a right to redeem the first mortgage. ..... the coming into force of the agriculturists relief act, an application was made by the judgment-debtors under sections 4 and 5 of the act for the amendment of the decree and the decree was amended on 3rd february 1937. ..... purchased the property after the decree had been amended in 1937.the amendment is therefore binding upon him even though he was no party to it and if the application for execution is in time keeping the terms of the amended decree in view, the applicant cannot contend that it is time barred and that limitation should be counted after ignoring the amendment.9. ..... the decree had been amended and made payable in instalments in his ..... but for the amendment, the decree which had been originally tassed on 4th august 1946 was barred on account of the expiry of twelve ..... it is true that section 52 of the transfer of property act does not apply in terms to sales held in execution of a decree and the applicant has purchased the properties in execution of his own ..... case was filed as a first appeal from order, but as the bench before which it was put up for admission was of the view that it could be entertained only as an application in revision it has been converted into a civil revision.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All47
..... , opposed to both principle and authority, and it is clear that the learned judges in the case to which i have referred were not attempting to do more than to state in general terms the meaning and effect of section 2 (9) of the act, for the question be-fore them in that case which they, having in their own words 'cleared the ground,' proceeded then to consider was whether it was intended by the legislature that a donee of the mortgagor should ..... jagnandan lal contending, if i understood his argument correctly, that the liability for the repayment of an advance is, within the meaning of section 2 (9) of the act, transferred to the purchaser at an auction sale of any part however small, of the mortgaged property because such a purchaser is 'interested in repayment of the encumbrance. ..... united provinces debt redemption act, 1940, for amendment of the mortgage decree. ..... ' and it has been argued that the learned civil judge was right in holding that as a result of the execution sale the liability for repayment of the advance had been transferred to a third person, the auction purchaser, within the meaning of this sub-section. ..... the learned civil judge dismissed the application on the ground that the mortgagors' liability for the repayment of the advance had, by virtue of the sale in execution of the decree obtained by the co-operative bank, been transferred to another person, and that therefore there was no loan within the meaning of section 2 (9) of that act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All59
..... the plaintiff should on remand be required to suitably amend the plaint so as to convert the suit into one for redemption of the usufructuary mortgage of ..... admitted before the trial court by the counsel for the plaintiff that the crown grants act did not apply to the state of rampur where the disputed land is admittedly situate. ..... the defence case further was that they had obtained an injunction from a civil court restraining the plaintiff from evicting them from the land in suit except in accordance ..... in this connection a reference to the provisions of section 60(b) of the easements act may be made which provides-'a licence may be revoked by the landlord unless the licencee, acting upon the licence has executed a work of a permanent character and incurred expenses ..... behalf of the defendants has urged that the lease deed being inadmissible in evidence in view of the provisions of section 49 of the indian registration act it cannot be looked into for any purpose other than a collateral purpose. ..... this was clearly prohibited by a provision of section 49 of the indian registration act, as it was receiving evidence of a character prohibited by clauses (a) and (c) of ..... it was further pleaded that the crown's grants act did not apply to the territories of erstwhile state of rampur when the grant was made, as had been asserted ..... having found that the crown grants act did not apply to the state of rampur, the trial court held that the so called lease required registration under section 107 of .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC562
..... of bringing the provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications ofsuch law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modifications shall ..... deputy director of consolidation (supra) laid down that forest settlement officer having the power of the civil courts and his orders being subject to appeal and revision are final and, once notification under section 20 of the forest act has been issued declaring the land as reserved forest it is not open to raise objection before the consolidation authorities qua the said notification. ..... the division bench in the aforesaid case has held that even according to the amended definition the third category of land namely 'or any other land not being land for the time being comprised in any holding or any village abadi' does not control the first two categories namely ..... (a) to empower the president to make any adaptation or modification of any law after the expiration of (three years) from the commencement of this constitution ; or (b) to prevent any competent legislature or other competent authority from repealing or amending any law adapted or modified by the president under the said clause,' 21. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All126
..... of the aforesaid land and it was further stated therein that the case being one of urgency the governor was pleased under sub-section (1) of section 17 of the land acquisition act to direct that the collector of kanpur though no award under section 11 had been made, may at the expiration of the notice mentioned in sub-section (1) of section 9 take possession of any waste or arable ..... the benefit of the individual company cannot be regarded to be for the interest of the general public.there are obviously two answers to this contention, firstly, as i have already indicated, the act does not provide for acquisition for purposes other than public purposes and secondly, it cannot be said that the restrictions are not reasonable. ..... was not decided as will appear from the following observation at page 118 of the report:'i do not think it is necessary in this case to decide whether these two provisions in section 8 of the act relating to the purpose of the acquisition and the nature of the land acquired offend against the provision of article 19(1)(f) and article 19(5) of the constitution. ..... under article 366 sub-clause 10 as a law, ordinance or bye-law rules or regulations made before the amendment by any legislative authority having power to make such a law, rule or regulation. ..... enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the code of civil procedure in the case of a civil court. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All313
..... retaining possession of land without the consent of the land-holder and in contravention of the provisions of that act was liable to ejectment under section 44 of the act and the period of limitation prescribed for each a suit was 12 years commencing from the time when the landholders first knew of the unauthorised occupation.although the learned civil judge has not mentioned the section, lie had probably in his mind section 99 of the agra ..... applications were filed on 16th april 1949, after measurements had been carried out by the amin under the directions of the court, for amendment of the written statements in each of the suits, mentioning at the foot of the applications to what plots as shown in the records of village cheruiyan the plots mentioned in the plaints correspond, these applications were no doubt rejected as the amendments sought by the defendants were considered by the court as unnecessary ..... judge concludes his finding on this question in the following manner :'the plaintiffs have also lost their right to a majority of the suit plots by six months adverse possession or the defendants prior to the enforcement of act 17 of 1s39 (even if it be assumed that no adverse possession over the remaining plots has matured after 1941) ..... . but i am constrained to observe that in regard to none of these questions the approach of the learned civil judge can be regarded as correct or his findings as having been arrived at in a legal and ..... the defence in all the suits was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All526
..... who (the intermediary or the adhivasi) became the bhumidhar of the land which was in actual possession of an adhivasi amending act 20 of 1954 was passed and it conferred sirdari rights on all the adhivasis.18. ..... 282 of 1967 and for the respondent in the connected second appeal) that the legislature has, by using the term 'any relief' in section 331 of the act completely barred the jurisdiction of the civil court in suits relating to agricultural land where any relief based on the same cause of action, whether or not the same is real or substantial, could be given to the ..... of 1939 any land, as soon as it was built upon, ceased to be land but that was not so under act i of 1951 and on that account earlier rulings of the court holding that the civil court had jurisdiction to entertain a suit for demolition and possession were not considered to be good law under the provisions of act i of 1951, and(b) as against trespasser the relief of possession could always be considered to be the main relief and ..... it was observed as follows:--'we think that it is very difficult in view of the provisions of section 242 of the united provinces tenancy act, 1939, to hold that the civil court and revenue court can in any case have concurrent jurisdiction and we would hold, therefore, that the jurisdiction is not concurrent but depends on the allegations made in ..... of civil procedure shows that the act was enacted to consolidate and amend the law relating to procedure of the courts of civil judicature.47 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All458
..... of a fraud on the constitution and guilty of colourable exercise of power in taking recourse to the artifice of repeated amendment of section 1 of the act and go on changing the date of the expiry of the act which in fact it has repeatedly done extending the life of the act, professing it to be all the time temporary, till 30th september, 1969, thus converting the power which the preamble ..... the parties cannot be allowed to be raised in a subsequent suit between the same parties would not apply in the instant case as that rule of law is peculiar to section ii of the code of civil procedure and is not a part of the general doctrine of res judicata, alternatively it was submitted by sri ansari that the present writ petition is based on a fresh cause of action, namely, refusal ..... period a citizen is expected to part with the possession and enjoyment of any accommodation of which he is the owner in larger public interest and i cannot countenance that the powers under the act were even intended to be for the purpose of depriving a citizen of possession for such a long length of time as may appear to be unreasonable amounting to a permanent deprivation for all ..... sc 247 wherein a property requisitioned under rule 75-a of the defence of india rules, 1939, and continued requisitioned under the requisitioning and acquisition of immovable property act, 1952, in exercise of powers almost analogous to the powers under the requisition act in the instant case was ordered to be released after the .....
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