Court : Allahabad
Reported in : 2006FAJ129
..... : 1986crilj834 .11. applying the said principle when i cogilated over the facts of the present case it transpired that insect infested food was added within the purview of act and prevention of food adulteration rules, 1955 through category a.05.20 and was enforced vide notification on gsr-1417 dated 20.9.1976 with effect from 2.10.1976 ..... insect demand in more than permissible limits of five per cent and consequently the sample was found to be adulterated. this offence is punishable under the prevention of food adulteration act, section 7/16 read with section 16(1-a-1) and is cognizable by me.14. thus, it is clear that the adulteration mentioned in the public analyst ..... if it would had taken up this submission first and examined it before adverting to other submissions. if the analyst report did not make out any adulteration under the act then the prosecution was found to fail. this question goes to the very root of the charged offence and the lower appellate court by not examining the same .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All106
..... and that subject has been specifically dealt with in article 348, which provides that notwithstanding anything in the foregoing provisions of this part of the constitution, all acts etc., shall be in the english language. it is thus clear that the provisions contained in articles 345, 346 and 347 are subject to the provisions contained ..... in a language other than the english language unless the parliament by law otherwise provides. thus the power to declare that the authoritative text of any ordinance, act etc., of a state legislative shall, be in a language other than the english language has been vested exclusively in the parliament. the parliament has not made ..... to the transfer of the holding as a whole because if would not involve fragmentation but would involve only a change in ownership. the scheme underlying the act was to consolidate agricultural holdings and to prevent their further fragmentation and also to preserve the land for agricultural purpose. it was not the intention to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All123
..... bench as a result of a reference made by the learned sessions judge of saharanpur recommending that the conviction of dr. brij behari lal under section 307, u.p. municipalities act (act 2 of 1916) be set aside. the facts necessary to be known for the purposes of this case are that on 1st december 1930, dr. brij behari lal submitted an ..... the notice which was served upon him.14. learned counsel for the applicant has begun by referring us to certain decisions of this court of the time when the previous act (act no. 1 of 1900) was in force. these are bhairon nath v. municipal board of benares ('01) 1901 a.w.n. 56, mahimaranjan roy v. municipal board of benares (' ..... learned sessions judge of saharanpur has sent the record to this court with the recommendation that the conviction of dr. brij behari lal under section 307, u. p. municipalities act, (local act 2 of 1916) be set aside. when the matter came before a single judge of this court, he directed that 'the case be laid before the hon'ble the .....
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All1
..... the section. an ultimate dedication of property for the benefit of the poor would, i take it, certainly be a 'public' purpose. under the musalman waqf validating act (no. vi of 1913) the muhammadan community has obtained legislative recognition of the claim that, under the religious law binding upon a member of that community, he is ..... the words used by their lordships in disposing of the appeal do not suggest to my mind that they would have looked favourably on the suggestion that the act operated so as to validate past transactions, in the following cases the point has been considered and opinions have been expressed against the retrospective action of the statute ..... three documents should be taken into consideration, and even, that they should be read together in connection with his contention that the defendant as mutawalli has been acting in contravention of the conditions of the trust; but there are two questions which he cannot be allowed to confuse. his case in the court below was .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All22; 173Ind.Cas.130
..... yet as it was subsequently acquired by them, the mortgage, as regards such share became effective when the mortgagors acquired it. the plaintiff relied on section 43, t.p. act.2. both the lower courts held that the entire consideration of rs. 200, advanced by the plaintiff, was warranted by legal necessity, the same having been borrowed by the mortgagors ..... the view can be based. the learned judges applied the-doctrine of grant feeding the estoppel. how far that doctrine is applicable, apart from section 43, t.p. act, is a question not free from difficulty. the learned judges apparently think that section 43 is not exhaustive on the subject and that it is open to the courts in ..... 6. it is possible that the learned judges thought that the rule accepted by them is to be applied in this country, being covered by section 43, t.p. act. that section is-not however in terms referred to by the learned judges. at another place in their judgment they observe:it appears to us that when the mortgagor .....
Tag this Judgment!Court : Allahabad
Reported in : 17Ind.Cas.22
..... a lost grant of the right of way. nothing of the kind has been suggested. the defendants have not claimed to be entitled to an easement except under the easements act.5. the result is that the appeal is allowed the decree of the lower appellate court is set aside and the decree of the munsif is restored with costs throughout. ..... held with reference to sections 3 and 4 of the prescription act, 1832 [see the judgment of lord macnaghten in colls v. home and colonial stores (1904) a.c. 179 at p. 189 : 73 l.j. ch. 484 : 90 l.t. 687 ..... new door opened by them.3. it seems to me that the result of these findings is that the defence fails. the fifth paragraph of section 15 of the easements act seems to render it impossible to acquire a statutory prescriptive title to an easement unless and until the claim thereto has been contested in a suit. the same has been .....
Tag this Judgment!Court : Allahabad
Reported in : (1888)ILR10All130
..... bound to give effect to that decree. mr. kashi prasad, however, contends on behalf of the respondent that the specific provisions of section 9 of the rent act having prohibited transfer of such occupancy holdings, the lower courts were right in not giving effect to the terms of the decree, and in declining to sell the property ..... bench held that the hypothecation by an occupancy tenant of his right of occupancy was not a transfer within the meaning of section 9 of the rent act of 1873, which act would govern the hypothecation of the 24th february 1876, whereon the decree was obtained by the appellants on-the 24th february 1882. from the opinion expressed ..... judgment-debtor, musammat katwari, upon the ground that the land which she held was an occupancy tenure which could not be transferred under section 9 of the rent act, and this plea having been accepted by the lower courts, the application for execution has been disallowed.3. from the order so disallowing the application this second appeal .....
Tag this Judgment!Court : Allahabad
Reported in : (1895)ILR17All537
..... mortgage of the family property which had been made in his favour by pemi, a suit, in 1892, for sale under chapter iv of the transfer of property act, 1882 (act no. iv of 1882). although bhawani prasad had, when he brought this suit for sale, notice that the sons of pemi were interested in the property comprised in ..... of the sons, respondents, be sold under the circumstances mentioned above in execution of the decree against the father? now, section 85 of the transfer of property act lays down in very comprehensive and imperative language that 'all persons having an interest in the property comprised in a mortgage must be joined as parties to any suit ..... council, and create anomalies which the legislature certainly never contemplated, but will also promote, in many cases, needless litigation contrary to the avowed object of section 85 of act no. iv of 1882. for the above reasons 1 would answer in the negative the question referred to the full bench, and i extremely regret that this conclusion .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]138STC600(All)
..... 3a(1)(b) of the act. the tribunal has rightly taken into consideration the assessment orders of the earlier years of the assessee itself to come to the conclusion that the department has always ..... these two clauses operate mutually in exclusive field. notification prescribing rate of tax on iron and steel has been issued under section 3-a(1)(a) of the act. stainless steel sheet is not covered by the said notification. a separate notification prescribing a different rate of tax on stainless steel sheet has been issued under section ..... the reply to the show cause notice passed a final order of seizure dated july 6, 2003. against this order a representation under section 13-a(6) of the act was filed before the deputy commissioner (enforcement) (c), trade tax, kanpur, with a prayer that the goods may be released without demand of any security. the deputy .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1920All232(2); 57Ind.Cas.84
..... the indian penal code. to out a long story short, it is the climax of a long controversy between some high class brahmins in a village in the district of dehra dun on the one side and some persons in the same village who call themselves 'rahtia sikhs' who have settled there in order to engage in trade, having removed from ..... utilized for an underhand, malicious and super fluous attack upon the individual it is intended to injure, and, therefore, if it be a fact that the accused did not act in good faith but used an offensive expression which was unnecessary to the case and intended to injure, that would be a reason for convicting and inflicting a substantial fine ..... case of this kind, however trivial, without first clearing its mind as to what it has to decide. in a complaint under sections 499 and 500 for a criminal act in respect of words spoken, the first issue to be determined is this :--were the words spoken and published by the accused concerning the complainant the learned judge has not .....
Tag this Judgment!