Court : Allahabad
Reported in : AIR1974All202
..... instituted in a court, within its area, has abated. the position, ultimately, is that this court takes note of a subsequent event viz. the passing of the amending act, and the amendment of section 5, thereby, by the state legislature, and, on that basis, it holds that the suit, out of which these proceedings arise, stands abated. therefore, ..... bhumidhar and in the alternative for possession against the defendant-petitioner. on behalf of the petitioner on the basis of section 4 (2) of the act as it stood after its amendment by section 2 of the uttar pradesh jot chakbandi (sansodhan) adhiniyam, 1966 it was contended that the writ petition itself be declared to have abated. ..... court can only be affected by a constitutional amendment of article 226 for which a special procedure is prescribed by the constitution. the argument is, therefore, not sound.'15. for the reasons given above, my answer to the question referred is that section 5 (2) (a) of the act has no impact on writ petitions or special .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All141
..... . learned counsel for the plaintiff-respondent admitted that his case for subrogation would not come under the language of section 92, t.p. act, act 4 of 1882, which has boon amended by the amending act, act 20 of 1929, to provide a detailed right of subrogation. formerly there was a more limited right of subrogation given under section 74. ..... v. karuppan chetty : air1934mad256 and veetil kelu v. machikandy cheppan : air1936mad308 . in each of these cases we find that the plaint was brought prior to the amending act. in the latter ruling the appeal was a letters patent appeal from a judgment in veetil kelu v. chekkara cheppan : air1936mad308 . clearly the second appeal of 1931 would ..... is that the legislature appears to have fully provided for rights of subrogation in the amended section 92. t.p. act, and learned counsel for the respondent has not shown us any case in which the plaint was filed after the amending act came into force on 1st january 1930 in which any court has held that there .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All309
..... the case of mahmood khan v. ayub : air1978all463 it was held that when theplaintiff fails to plead the ingredient of s. 16(c) of the act he cannot be allowed lo amend the plaint during the course of argument. in the case of ram singhasan v. sudama : air1982pat200 it was held that even though there was evidence ..... 6. learned courts below overruled all the grounds. the revisional court had found that some statements indicating the readinessand willingness having been present in the pleadings, the amendment was an illucidation of the statement already made and that no fresh eauseof action was being introduced. therefore, there was no question of depriving the defendant of ..... orderin a suit for specific performance by way of amendment statement as is required under s. 16(c) of the specific relief act and specified in-form no. 47 apendix a to the code of civil procedure was sought to be incorporated. the amendment having been allowed by an order dated 15th october, 1979 by the 1st additional munsif .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All232
..... against the order of the district judge, the defendants have come up in this revision. 3. the effect of the amendments made by act 37 of 1972 and of the notifications issued under the amended act are not generally known. it is, therefore, necessary to notice the relevant provisions and the notification in some detail. 4 ..... , rent and eviction) act, 1972 (act xiii of 1972) came into force. subsequently, the u. p. civil laws amendment act, 1972 (u. p. act no. 37 of 1972) came into force from september 20, 1972. this act amended certain provisions of the provincial small cause courts act, 1887, the bengal, agra and assam civil courts act 1857, the code of ..... only in the abovementioned courts according to the valuation of the suits. these amendments and notifications are prospective. they do not, by themselves, affect suite that were pending on september 20, 1972, when the amending act came into force. for pending suits act 37 of 1972 madespecific provision in section 9. section 9 is in these .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All1
..... a high court or whether it was only meant to apply to a contempt of a subordinate court and accordingly a second proviso was inserted by the contempt of courts (amendment) act 12 of 1937 as follows:provided further that notwithstanding anything elsewhere contained in any law no high court shall impose a sentence in excess of that specified in this section ..... the law as laid down by the judicial committee in 1883 is applicable now, having regard to the contempt of courts act which was passed in 1926 and was amended in 1937. section 4 (o), criminal p.c. of 1898 defines an offence as 'any act or omission made punishable by any law for the time being in force.' the contempt of courts ..... act-which, as i have said, was passed in 1926-defined the powers of a high court in respect to contempt of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All184
..... issued to the district board ofallahabad through the chairman of the saidboard (respondent no. 1) prohibiting the boardfrom taking any steps to recover the fees fixedby the amendment mentioned above from thepetitioners.'the learned judge followed the decision of a division bench of this court in -- 'ata tel udyoga karta sangh v. district board, ..... was taken before mr. justice chaturvedi after the arguments were concluded that as the petitioners had not moved the district magistrate under section 186, district boards act, they were not entitled to move the present petitions. this prayer was not allowed as there was nothing to show whether an appeal lay to thedistrict ..... purpose of promoting or maintaining the health, safety, and convenience of the inhabitants of such area and for the furtherance of the administration of the district under this act.' (2) 'in particular, and without prejudice to the generality of the power conferred by subsection (1), a board may, in the exercise of the said .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All223
..... court below was perfectly justified in decreeing the suit of the plaintiff on the case set up by the defendant in his written statement, without insisting on the amendment of the plaint or directing the plaintiff to a separate suit. 5. it was next contended by the learned advocate general that the suit was barred by 60 ..... mortgagor and mortgagee, the latter was estopped under section 115 of the evidence act from denying the title of the plaintiff mortgagor and setting up an adverse possession in himself, unless the defendant mortgagee had actually left the land and had further ..... the expiry of the period of 60 years reserved for redemption of mortgages. thus he claimed the benefit of articles 142 (148?) and 144 of the indian limitation act. i am afraid, this argument, though plausible, is without any force. even if the relationship between the plaintiff and the defendant was considered to be that of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All287
..... and not affirms, requires a stamp duty of re. 1/-/- as prescribed in article 4 of schedule i-b of the stamp act, as amended by the u. p. taxation laws amendment act, 1969 (u. p. act no. xi of 1969). amended article 4 runs as below:--'affidavit, including an affirmation or declaration in the case of persons by law allowed to affirm or declare ..... prevail in the state unless reserved for the consideration of the president and has received his assent (vide article 254(2) of the constitution). the u. p. taxation laws amendment act, 1969, received the assent of the president on september 28, 1969 and under notification no. ast-4034/x-556(1)-69 dated september 30, 1969 came into force on ..... october 1, 1969. the amendment act is thus a valid piece of legislation and it became operative from the above date.5. to understand the scope of article 4 of schedule i-b of the stamp .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All368; 1958CriLJ595
..... supreme court. the language of sub-clause (3) of clause 4 was too wide and had conferred arbitrary and uncontrolled power upon the executive. but now in the amended clause the government has fixed limitations that when the licencing authority thought that it was in the interest of the general public or industry then it could refuse to grant ..... licence is cancelled or revoked or the authority refused to renew a licence it has to give reasons in writing, as is apparent from sub-clause (5) of the amendment. an appeal has also been provided to the state coal controller in the case of suspension, cancellation or revocation or modification. a further provision has been made that the ..... was recovered. in 1307 of 1954 the case is not complete and the application is for cancellation of the charge-sheet under section, 7 of the essential supplies (temporary powers) act read with sub-clause (1) of clause 3 of the u. p. coal control order. in criminal revision no. 1310 of 1955 the raid was made on 28th .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All353
..... inaddition to rent. in the present case the stampduty was paid under article 35(a)(vi) of the stampact as amended by the u.p. act. article 35 (a)(vi) applies to a case 'where the lease purportsto be for a term exceeding thirty years but ..... stamps has reported thatin the present case article 35(c) of the stampact as amended by the u.p. act is the provisionof law that is applicable. article 35 (c) of thestamp act lays down that stamp duty would bepayable under that provision of law 'where thelease ..... document, without realising the deficiency of rs. 636/8/- with a penalty of rs. 6,365/- under section 35 of the stamp act. acting as collector under rule 325 of the u. p. stamp manual, the chief inspector of stamps, therefore reported that this court should make ..... with regard to the third period of twenty years, i.e., 1987 to 2007, the rent was stipulated to be rs. 310/- per month. for the last remaining period of thirty years i.e., 2007 to 2037, the rent was stipulated as payable at the rate of rs. .....
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