Court : Allahabad
Reported in : AIR1966All247
..... not a displaced person nor is he a displaced debtor, within the meaning of the act cannot be questioned in revision. 4. to the most, what can be said is that ram lal, and also smt. savitri devi, had a house in dehra dun. they also had ancestral property in lahore (now within west pakistan). a permanent resident ..... creditor. an application by a displaced creditor for the recovery of debt shall thus be maintainable only if the debtor ordinarily resides in the territories to which the act extends. consequently, if the debtor is living outside india, no application under section 13 shall be maintainable. this is in substance what was held in ramchand tillumal ..... appears to have been expressed in gokal slngh v. bakshi ram, air 1954 punj 192, while interpreting the term 'ordinarily residing in the territories to which this act extends' all the three clauses were read together and it was observed that the term must refer to persons who were displaced and were before the partition ordinarily .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All221
..... to no conclusion about the unfairness of the transaction. learned counsel has relied on a decision of a learned single judge in -- 'agarwal & co. v. city board, dehra dun', air 1953 all 175 (a). it may be that in every case it may not be possible to hold that the transaction was unfair merely because the plaintiff had agreed ..... railway station. the defendant offered to let out some accommodation to the plaintiffs, which the plaintiffs accepted on the terms proposed. after the control of rent and eviction act was passed the plaintiffs filed the suits, out of which these revisions have arisen, for assessment of reasonable rent. the lower court has found that the agreements were ..... defendant and have been filed on behalf of the defendant for assessment of a reasonable rent under section 5(4), u. p. (temporary) control of rent and eviction act (3 of 1947). 2. the plaintiffs were refugees from pakistan who came to meerut in the winter of 1947-48. they were without shelter and were staying at the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All495
orders.c. manchanda, j.1. this is a revision by the state of uttar pradesh against the order of the additional civil judge, dehra-dun dated the 12th of november, 1960 whereby [t was considered that the demand for income-tax had priority over unsecured creditors but not the demand for sales-tax.2. there ..... of the c. p. c.'the view then is manifestly unsustainable. the wordings of sec. 46(2) of the income-tax act, 1922 and section 8, sub-clause (1) and sub-clause (8) of the u. p. sales-tax act are in pari materia and therefore the distinction drawn by the civil judge between priority that can be given to income-tax .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]106ITR307(All)
..... as the 'old act'), on a total income of rs. 1,38,284 which included a sum of ..... . this is a reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as the 'new act'), at the instance of the commissioner of income-tax, u.p. ii, lucknow.2. the assessee is a hindu undivided family which carries on business at dehra dun. for the assessment year 1951-52 an assessment order was passed against it ..... under section 23(3)/31/33 of the income-tax act, 1922 (hereinafter referred to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All129
..... stayed with him over night at his house at mathura where he was posted at that time, though under orders of transfer to dehra-dun. according to the appellant, he didnot have any sexual intercourse with the respondent during the course of her stay from the 28th to ..... and shall not allow evidence to the given for the purpose of disproving it.'5. the effect of these provisions of the evidence act is that the court could not have allowed evidence to be given for purpose ot disproving that the child born to the respondent ..... time when' the child could have been begotten. that is the law declared by section 112 of the evidence act. the effect of such declaration by that act is, as defined by the third paragraph of section 4, that 'the court shall, on proof of the ..... this to appeal arises from a decree dismissing the appellant's petition for divorce under section 13 of the hindu marriage act the ground, on which dissolution of the marriage by a decree of divorce was sought, was that a daughter bora .....
Tag this Judgment!Court : Allahabad
Reported in : (1962)IILLJ702All
..... petitioner tea estate. representation to the petitioner-tea estate was also made in this respect by the harbanswala tea estate mazdoor union and the chai bagan mazdoor union, dehra dun. there is no particular reason for not accepting the facts stated in para. 12 of the counter-affidavit of sri mela ram.6. it is common ground that ..... appearing for the opposite parties conceded that the direction given by the arbitrator as regards the commencement of the award was not in accordance with section 6a of the act. however, the award was published in the uttar pradesh gazette dated 27 february 1960. more than a year has passed since the publication of the award by ..... there was voluntary reference of a dispute to arbitration. section 5b of the act provides for voluntary reference of disputes to arbitration. form v in the uttar pradesh industrial disputes rules, 1957, gives a model form for an arbitration agreement. on comparing .....
Tag this Judgment!Court : Allahabad
Reported in : [1966]17STC551(All)
..... 31st march, 1956, under section 3-a of the u.p. sales tax act.2. the material facts lie within a narrow compass and are these: the assessees are manufacturers of and dealers in dhoop-batti and they also deal in indigenous medicines at dehra dun. the return filed was not accepted and the turnover including that of sale of ..... is a tax on goods bought and sold by a dealer. it is therefore important not to lose sight of this fact when interpreting a notification under the sales tax act. the meaning given to a word by commercial men must ordinarily be preferred to the dictionary meaning. the supreme court in ramavatar budhaiprasad v. assistant sales tax officer akola ..... and perfumes (in english) and 'itra tatha sugandhian' (in hindi).5. this notification was issued in the exercise of the powers conferred by section 3-a of the act and it declared that with effect from 1st april, 1956, the goods specified therein will be liable to single point tax, which in the case of goods imported from outside .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All603
..... also that by virtue of section 141, c p. c., the provisions of order 33 of the code do not apply to pauper proceedings. in the f. b. case of dehra dun mussorie electric tramway co., ltd. v. president, council of regency, nabha state : air1936all826 , the conjoint effect of sections 86 & 141, c. p. c., was considered. the ..... defend a suit on the mere ground that the previous consent of the governor-general in council has not been obtained. the ct., therefore, under sections 186 & 187, companies act, cannot have jurisdiction to override the provisions of section 86, c. p. c., & make an order for payment against a sovereign prince or ruling chief in the absence ..... applicable to pauper proceedings just in the same manner as to a suit itself. when these provisions have been applied even to proceedings under sections 186 & 187, companies act, which are not suits, there can be no doubt that they would apply with greater force to pauper proceedings which are a step towards the institution of a suit .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All9
..... to the word 'suit' in section 21, arbitration act, as to exclude execution proceedings, appeals and other proceedings before the civil court which are in the nature of suits in which civil courts decide disputes between the parties of a civil nature. in hansraj gupta v. dehra dun-mussoorie electric tramway co. ltd. , it was pointed ..... , is whether all the parties interested had moved the court to take into consideration the arbitration award, obtained otherwise than in the manner provided by the arbitration act, 1940. the answer to this question depends upon the result of the proceedings, which followed the filing of the award in court. the entire award was ..... we have already seen, was, however, made direct without the intervention of the court. is such a direct reference absolutely prohibited under the arbitration act? section 21 of the act provides that, where in a suit all the parties interested agree that any matter in difference between them in the suit shall be referred to arbitration .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All33
..... orderagarwala, j.1. this is a reference made by the district magistrate of dehra dun. 2. the applicant deb ram was prosecuted by the forest department under section 26(1)(a) and (h), forest act, on the ground that he was found cultivating land situate in majog compartment no. 7 which, by a notification dated 9-12-1924, had ..... the year 1924. it is, therefore, clear that the applicant can be said to have no right to hold possession or cultivate the land in dispute. section 26 prescribes the acts which are prohibited in reserved forests: any person who'(a) makes any fresh clearing prohibited by section 5, (b) ..... (c) ..... (d) ..... (e) ..... (f) ..... (g) ..... (h) ..... issue of the notification aforesaid and thereafter the possession of tha accused became illegal. the applicant was, therefore, convicted under section 26(1)(a) and (b), forest act, and sentenced to pay a fine of rs. 50 and in default of payment to undergo rigorous imprisonment for one month. the applicant went up in revision to .....
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