Court : Allahabad
Reported in : II(1994)DMC64
..... thrice in one sitting or during one tuhar in irrevocable form cannot be deemed to be operative or be considered to be continued under section 2 of shariyat application act (act no. 26 of 1937) read with article 372 of the constitution of india as the same has the effect of perpetuating discrimination on the ground of sex ..... and its provisions including those contained in parts iii, iv and iv-a thereof in the form of enactments such as special marriage act, indian divorce act or dissolution of muslim marriage act, 1939, hindu marriage act 1956 or the like, so as to avoid the harping in darkness on account of uncodified law. here i may join with hon ..... and it is divorce that is only provided.34. the learned advocate general submitted that in view of the provisions of section 2 of muslim personal law (shariyat) application act, 1937 (act no. 26 of 1937) it has been provided that all questions relating to marriage, dissolution of marriage including talaq, ila, etc. where parties are muslims, the .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC2011
..... library development. rule 3(b) defines 'bar association' which reads: 3(b) 'bar association' means the bar association registered under the societies registration act or so affiliated with the state bar council within whose jurisdiction the bar association is situated.the application form for bar council welfare scheme, 1998 contains ..... elements' (3) u.p. bar council must take effective measures to ensure that privileges extended under various 'welfare schemes' floated by u.p. bar council under 'advocate act' are available to genuine 'regular legal practitioners' or advocates in legal profession only, and (4) privileges extended by court (viz. 'chamber', 'lunch room', 'library ..... no. 1.16. assistant registrar-societies at allahabad appeared in person. he conceded ignorance over functioning of hcba a society registered under societies registration act. he admits he has no knowledge of failure of hcba to conduct its affairs as per hcba rules. he appeared completely apathetic to the complaints .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All15
..... of the retraction, there remains a high degree of certainty that the confession, notwithstanding its having been resiled from, is genuine.in the commentary on section 30 of the act we find the following passage, based on certain decisions:a retracted confession is sufficient evidence for convicting the person who made it if the court believes it to be true ..... ('98) 20 all. 133. we were also referred to certain observations in basu's law of evidence in british india, in particular to the commentary on section 24, evidence act. it is there said (page 437, edn. 3):the net result of the authorities on the value of confession seems to be this : (i) that it is not ..... judgment thatthe evidentiary value of a retracted confession is very little and it is a rule of practice, as also a rule of prudence, that it is not safe to act on a retracted confession unless it is corroborated in material particulars.8. of older cases learned counsel for the appellant cited queen-empress v. mahabir ('96) 18 all. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All74
..... ... ... ... and the appointment of trustees or managers thereof ... ... ... it is enacted as follows ... ... ...'thus, the preamble which affords the keynote to the act clearly shows that it was intended to replace certain provisions of the two regulations so as to relieve the board and the local agents of the duty imposed under the ..... . in central bank of india ltd. v. p.s. rajagopalan : (1963)iillj89sc , before dealing with the question of construction of section 33c of the industrial disputes act, the supreme court considered it material to refer to the legislative history of the enactment. in s.t. swamiar v. commr. for hindu religious and charitable endowments : ..... a private temple. secondly, it was submitted that its affairs were not being mismanaged by the defendants. thirdly, it was contended that the provisions of the act were not applicable to the case and consequently tha suit was not maintainable.5. the foremost question, therefore, which arises for determination is as to whether .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All244
..... air 1951 nag 276 and air 1956 madh bha 209 would be applicable. the clear finding of the lower appellate court is that such an act was bound to result in injury to the defendants first set's plot. i, therefore, find no merit in this appeal. accordingly, it ..... of the mischief diverts the watercourse to his neighbour's land and the accumulation of water there was not made as a voluntary act by the neighbour for his own benefit but by that riparian proprietor for ridding his land of the calamity, it is the duty ..... the water was caused by an agent beyond his control, or by a storm, which amounts to vis major, or the act of god, in the sense that it is practically, if not physically, impossible to resist it. his liability, moreover, in no way ..... , or where he rings upon his land water which would not naturally have come upon it, even though in so doing he acts without wilfulness or negligence, he will be liable for all direct and proximate damages, unless he can show that the escape of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All127
..... ali v. hamidi begum : air1942cal180 . therefore this provision also did not make the waqf a valid charitable waqf.24. the waqf in order to be valid under the act must have been created for the maintenance & support of the waqif & his family, children & descendants, if the ultimate benefit for the poor or for any other valid ..... other purpose recognised by the musalman law, as a religious, pious or charitable purpose of a permanent character. this is understandable because, as i said earlier, the act was enacted simply to validate certain waqfs which were invalid on the ground of their violating the rule against perpetuities. if it was not necessary prior to 1913 ..... benefit of the poor or for other religious, pious or charitable purposes; and whereas it is expedient to remove such doubts; it is hereby enacted as follows.'the act defines waqf as the permanent dedication by a muslim of any property ''for any purpose recognised by the musalman law as religious, pious, or charitable.' section 3 .....
Tag this Judgment!Court : Allahabad
Reported in : 63Ind.Cas.91
..... equity of redemption the amiri-ud-dins share had vested in the receiver, this point is made still clears; by a reference to section 111 of the same act. the receiver had no right to transfer to the plaintiff the insolvent's share in the house tree of the claims of the mortgagee. at most he could only transfer ..... on the strength of the transfer in his favour made by the receiver. there can be no doubt that by reason of section 16, clause (5) of the provincial insolvency act, iii of 1907, the mortgagee as a secured creditor had a right to proceed with his mortgage suit and to realise his security, in spite of the fact that the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1399
..... in view of above statement, it is essential to evaluate the working of the authorities who have been conferred power of performing judicial function under various acts inasmuch as such way-ward manner of working while exercising judicial functions, is fraught with serious consequences and cannot be overlooked merely on the premises that ..... nan the unmerited indifference shown to the case by the officers of the executive branch who have been bestowed the adjudicatory power under the land revenue act. there can be no manner of doubt that while effecting separation between judiciary and executive, these adjudicatory functions were gradually assigned by the state to ..... of concern or anxiety on the part of these officers for unconscionably long delay in disposal of cases notwithstanding knowing well that the object underlying the act itself was to provide a quicker and speedier procedure and in consequence, a quicker and speedier resolution of disputes in contra-indication of what is said .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All193
..... that it is 'sahan' land appurtenant to their house and it will be deemed to have been settled with them under s. 9, u.p. zamindari abolition and land reforms act, 1950. it was found that the house of the respondents faces towards south and their 'sahan' land is also on the southern side of their house. the respondents have also ..... the earth, such as trees and shrubs, are also transferred along with the land in view of the provisions of sections read with s. 3 of the transfer of property act, 1882. but there can be no presumption in a case vice versa. thus, the inference drawn by the lower appellate court with regard to the title of the respondents to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All235
..... jurisdiction. section 8 provides for joint trial of the offences which a gangster might have committed under any other law together with offences committed under the act. section 9 provides for appointment of public prosecutors and additional public prosecutors by the state government. section 10 relates to the procedure and powers of special ..... treason and sedition, and likewise i think there can be no theoretical limits to legislation against immorality.'28. the need to pass an independent and comprehensive act providing for anti-social activities was felt by the santhanam committee which had been appointed on 'prevention of crime', that the indian penal code, though a ..... problems, 107, considers various definitions and, after rejecting them for varying reasons, offers a formal definition of his own. it is :'a crime is an act of being followed by crimmal proceedings having a criminal outcome, and a proceeding or its outcome is criminal if it has certain characteristics which mark it as .....
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