Court : Allahabad
Reported in : AIR1963All518
..... requires him to declare a candidate securing the largest number of votes 'as elected'. rules regarding election petition are contained in chapter i-f. rule 25 lays down that, subject to the provisions of the act and the rules, every election petition will 'be tried by the sub-divisional officer, as nearly as may be, in ..... vide 14 halsbury's laws of england, para 693. the provisions contained in section 90 were interpreted by the supreme court in harish chandra v. triloki singh : [1957]1scr370 . the question that arose before the supreme court was 'when a trial commences'. one party contended that it commences with the filing of documents and examining witnesses ..... been created or, declare another candidate to have been 'duly elected'. this is ail the law regarding election petitions. it will be' seen that neither the act nor the rules contain any provision expressly authorizing a sub-divisional officer hearing an election petition to grant any interim relief for the duration of the petition.5 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All590
..... been passed ........ i have already said above that the analogy of a plaintiff or defendant to persons who are parties in proceedings under chapters iii, iv and v of the act are misplaced but if an analogy has necessarily to be found out the state government would best answer to the description to the judgment- ..... of the earlier rejection of the applications for inspection, discovery and production the fresh applications with those prayers were maintainable. by his order dated the 12th october 1957 sri r.k. misra held that he could reconsider the question and directed the state to file its objections to the fresh applications. before sri misra ..... c. p. c. some of the documents mentioned in these applications were new documents which had not been mentioned in the earlier applications. on the 31staugust 1957 the state filed objections to these fresh applications and one of the grounds urged was that similarapplications having already been rejected the fresh applications were not maintainable. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All315
..... that some guidance can be had from the nature of the courts mentioned in the chapter about the meaning of subordination. article 227 has used a word 'superintendence' while the next article expressly uses the words 'a court subordinate to it' ..... is, therefore, some force in the contention that the legislature by using the word 'subordinate' in the act did not mean subject to the supervisory jurisdiction'. chapter vi of the constitution deals with 'subordinate courts' and although that chapter may not give an exhaustive list of counts subordinate to a high court, it can hardly be disputed ..... air1932all651 and sukhdeo baiswar : air1951all667 , the supervisory jurisdiction of the high court was also held to be a test for deciding that question.30. in 1956 and again in 1957, a differed view was expressed by desai j. in : air1956all258 and phul kumari v. the state : air1957all495 . as desai j, was a party to the judgment in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All353
..... should not, therefore, have admitted the 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 a declaration under section 61 of ..... stamps should be rejected. 4. a preliminary objection to the maintainability of this reference is taken on the ground that the provisions of section 61 of the indian stamp act 1899 (act ii of 1899) are not attracted in the present case. section 61(1) runs as follows:- ''when any court in the exercise of its civil or revenue ..... jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898 (v of 1898), makes any order admitting any instrument in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All543
..... as required by clause (b) of the proviso to rule 90. this special appeal against the order of the learned single judge has been preferred under rule 5 of chapter viii of the rules of court. this rule is a replica of clause 10 of the letters patent and is made under article 225 of the constitution. 2. learned ..... lal filed an objection in her execution case. his objection was allowed and the sale was get aside on may 24, 1958. but before that on november 21, 1957, those properties were also sold in the execution proceedings started by chaman lal gupta himself. the appellant moved an application for setting aside the sale in the execution case started ..... unless and until the court of its own accord has fixed the amount of deposit or of security does not look attractive. no duty is cast on the court to act without invitation. indeed it cannot exercise' discretion unless the applicant furnishes necessary facts and prays for fixation of the amount of deposit or of security. admittedly, nothing of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All169
..... no substantive appointment of any person to that post could be made upto the 14th ofoctober, 1956, or even upto the 14th of april, 1957. 2. under section 73 of the district boards act, 1922, (u.p. act no. x of 1922) during the absence on leave of an officer of the board the board is entitled to appoint a person in ..... counsel also referred to the u. p. fundamental rules which also support the propositions contended for by him. the learned counsel referred to rule 12 of the aforesaid rules in chapter iii of the financial handbook volume ii, sub-clauses (a) and (c) of which are as follows:--'12. (a) two or more government servants cannot be appointed substantively ..... servants on a post during the period of their leave would not be applicable to the servants of the district board. the learned counsel referred to rule 2 in chapter i of the said rules which snows that the rules in question apply only to government servants. on the other hand, the learned counsel for the petitioner relied on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All256
..... with trade marks registry and its offices. the head office of the trade marks registry is located at bombay. there is a branch office at new delhi under chapter xxxv, rule 3 of rules of court, notice was sent to the registrar of trade marks. that notice was issued at the applicants' instance to the registrar ..... business was carried on at kanpur, in 1950 lakshmi narain got the device of lord ganesh with other representation registered under the trade marks act, 1940. that trade mark was later renewed in the year 1957. in 1051 lakshmi narain got the words 'badshah pasand' with the device of lord ganesh registered under another trade mark. thirdly, in ..... preliminary objection is that, this court has no jurisdiction to try the suit. 5. in order to dispose of the preliminary question of jurisdiction, the relevant provisions of the act may be examined. according to clause (h) of section 2, high court means the high court having jurisdiction under section 3. section 3 states: 'the high court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All269
..... can apply to a court, instead of proceeding under ch. ii, where a difference has arisen. ch. 11 of the arbitration act covers sections 3 to 19 and deals with arbitration without intervention of a court. in that chapter, under section 8, a person can ask a court to appoint an arbitrator in situations mentioned in it. under section 20, instead ..... this declaration of the law by the supreme court, the contrary view expressed in l. amarnath's case, air 1957 all 206 that article 181 applied to an application made not only under the c. p. c., but also under other acts, can-not be accepted as correct.15. faced with this situation, the learned senior standing counsel urged an ..... barred by time. for the appellant, it is urged that, article 181, indian limitation act, applies to such an application. in support, the decision of a division bench of this court in l. amarnath v. the union of india, air 1957 all 206, is cited. in this case it was held that:'it can, therefore, no longer be contended that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All356
..... bungalows. the erstwhile improvement trust, allahabad, framed a scheme styled as 'bank road housing scheme' under section 36 of the u. p. town improvement act (hereinafter called the act) in july 1957. the scheme was framed in order to provide additional housing accommodation in the vicinity of the university and the district courts of allahabad. for the purpose ..... for improvement scheme. sub-section (4) of this section runs as follows:'all acquisition of land and interest in land for an improvement scheme authorised under this chapter shall be completed at least up to the stage of making of awards within a period of five years from the date of the notification of the scheme ..... any land in respect of which the acquisition is not so completed and the owner and occupier thereof shall cease to be subject to any liabilities under this chapter: provided that the state government may in any particular case before the expiry of such period and reasons to be recorded in writing extend the period by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All86; [1964]15STC505(All)
..... the university to sales tax on its turnover of rs. 2,75,687.39 n.p. for the year 1957-58, he on 20th february, 1963 issued a notice under section 21, u. p. sales tax act, for initiating assessment proceedings for the year 1958-59 in respect of the turnover of food and refreshments served by ..... university and the respondent has no jurisdiction to proceed to assess the university to sales tax.44. the aligarh muslim university is predominantly a residential and teaching university. chapter xii of the academic ordinances framed by the university provides that at least 75% of the students of the university shall be resident students. the university has established ..... several 'halls' for residential purposes. each hall has several hostels and has a dining-hall, a prayer room a common room and a playground. chapter xlix of the regulations of the academic council provides that the dining-hall shall be under the supervision of a warden who shall supervise meals and shall be in .....
Tag this Judgment!