Court : Allahabad
Reported in : AIR1936All197; 161Ind.Cas.507
..... land was conveyed to deo ratan sharma, as secretary of the hindu dharam sewak mandal, in pursuance of the plaintiff's father's object of providing an ashram at dehra dun to be known as the hindu dharam sadan. it was in evidence that the plaintiff's father had prepared a draft in consultation with pandit deo ratan sharma setting ..... impossible, he was entitled to a refund of his money. in that case the performance of the charitable purpose became impossible by reason of the passing of the university act, and as the court held there was only a specific charitable intent and no general charitable intention, the donor was entitled to a refund of his money when the ..... the gift.8. in that particular case the three learned lord justices held that the words used in the will indicated a general charitable intention, but if words or acts merely indicate a specific and limited charitable intention, the total failure of such intention must involve the total failure of the gift. in our view in in re monk .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All389
..... according to their circumstances and property. the argument of mr. banerji who appears for the defendant respondent, is that the area covered by the forest research institute at dehra dun, within which area the defendant resides, is not within the rural area and is therefore outside the jurisdiction of the district hoard. he refers to section 1(2 ..... that being so, the local government was entitled to enact the sections which authorize the imposition of taxes by the district boards. section 108, u.p. district boards act, runs as follows:with the previous sanction of the local government a board may, by notification, impose and may in like manner abolish or alter the rate of ..... to agree with the learned judge that such consideration can justify the dismissal of the suit. the provisions laid down in sections 128 and 131 of the act make it perfectly clear that the learned judge was not right in adverting to these considerations and in basing his judgment upon them. another reason given by the .....
Tag this Judgment!Court : Allahabad
Reported in : [1966]60ITR774(All)
..... by the assessee from the working scheme all over his forests. thereupon, a complaint was lodged by the range officer, private forests, dehra dun, under section 15 of the u.p.private forests act (act vi of 1949) on the ground that the assessee had made heavy deviations from working scheme of dobri bakama forests, etc., after september ..... 27, 1949, without any lawful authority. this complaint was tried by the judicial officer, dehra dun, who by his order dated january 16, 1951, acquited ..... of reaching that result closed accounts could be reopened. whether this principle is justified in the english law, it has no place under the indian income-tax act...nor is the question of reopening of accounts relevant in the matter of ascertaining when a particular income accrued or arose.'in commissioner of income-tax v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All615
..... authorised by law. his election must. therefore, be set aside.11. i, therefore, allow this revision with costs and remand the case to the additional civil judge, dehra dun to decide the claim of champa devi on merits in accordance with the procedure prescribed under order 38 rule 8 read with order 21 rules 58 to 61 c. ..... it is therefore abundantly clear that all that the judicial committee held in mohamad siddique yusuf's case was that in a case under the presidency towns insolvency act, when the act of insolvency upon which an order of adjudication is founded is a transfer amounting to a fraudulent preference, the transforce cannot so long as the order of ..... transfer is declared automatically void by the insolvency court at the time of adjudication but also where the official receiver applies under section 53 of the provincial insolvency act for avoidance of a deed of transfer. the learned judge was of the opinion that the order of adjudication is conclusive, and the remedy of an aggrieved .....
Tag this Judgment!Court : Allahabad
Reported in : 30Ind.Cas.581
george knox, j.1. the plaintiffs are the appellants in this court. they come to court as zemindars of a village in dehra dun. they say that the defendant, dhum singh, is a tenant of a certain plot of land in that village that the ..... court. i do not quite understand why they took the first plea in their memorandum of appeal, viz., that under section 62 of the easements act the license granted by the former zemindar may be deemed to have been revoked when he sold his rights in the village to the plaintiffs. ..... c. 640. chief justice petheram in that case held that the law in this matter (this was anterior to the passing of the indian easements act) is the same in this country as it is in england, there being so far as we can see no common law in this country ..... leadbitter (1845) 13 m & w. 838 : 14 l.j. ex. 161 : 9 jur. 187 : 67 r.r. 831. the courts have acted upon the law as there laid down ever since, and it has always been held to be good law and binding upon them. that case decided that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All210; 36Ind.Cas.466
..... by the learned sessions judge, the wife of one sharif ahmad and at the time the offence has been said to have been committed was living with her husband at dehra dun. the other two accused persons, viz., haidar and yusuf, are related to sharif ahmad, who has stated that they are the sons of the foster-brother of his ..... of kidnapping was continuous and that the assault on the mother having been committed during the continuance of the kidnapping, the two offences were committed in one series of acts so connected together as to form the same transaction. it has recently been held by a full bench of the calcutta high court in nemai chattoraj v. queen- ..... the charge framed against the appellant by the committing magistrate ran in the following terms, viz.that you on or about the 21st day of october 1915 at dohra dun instigated haidar and yusuf accused to kidnap musammat khatun in order that she may be forced or seducod to illicit intercourse, which offence was committed in consequence of your .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All497
..... the defendant to withdraw a plea which had been taken in the written statement duly filed in court, which was the subject of consideration by the subordinate judge of dehra dun. we think there can be no doubt that such an action amounted to a direct interference with the administration of justice in preventing the defendant from pressing his defence ..... , i.p.c., in the hope that the guardianship proceedings might terminate within a reasonable time; but upon the whole matter we are of opinion that the mere act of preferring a complaint in the court of a magistrate at allahabad under section 500, i.p.c., in respect to allegations which have been made against him in ..... the opposite party it is pleaded that there was no contempt of court; or if there was it was inadvertent. what we have to determine is whether the acts of the opposite party which are complained of by the applicant were calculated to prejudice a fair trial in the guardianship proceedings before the district judge of benares or to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All99
..... convenience would be in favour of having the case tried at saharanpur, because there are only six prosecution witnesses, four of whom come from saharanpur and the neighbouring district of dehra dun; whereas all the sixteen defence witnesses come from the district of saharanpur. the second ground taken is that the same learned magistrate has already decided another case against the applicant ..... judges sitting at lucknow. the main facts which have to be considered in this connection are that the case which is pending before the learned special magistrate relates to all acts which were committed in saharanpur district, so that the offence which is the subject-matter of the charge to be tried by the special magistrate was committed in the district .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]48ITR346(All)
..... by reason of which the commission of rs. 75,465 was paid to shri j.p. vaish, it was stated as follows :'mr. vaish was educated in the public school, dehra dun, and passed the senior cambridge from that school. he then joined the banaras college and passed the intermediate examination. he studied for a year in the engineering college of the ..... .m.c. desai c.j. - i agree with my brother, brijlal gupta, that the question be answered in the negative.clause (x) of section 10(2) of the income-tax act applies expressly to commissions and is thus a specific provision as against clause (xv), which is a general provision. clause (xv) has now by a recent amendment been expressly made .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All376
..... and the passage quoted shows that he wrote what he was directed to say. and the provisions of section 91, evidence act, would also prevent evidence intended to vary the terms of the letter. the respondents relies on dehra dun mussoorie electric tramway co. v. jagmandar das : air1932all141 . under clause 37 of the dehradun mussoorie tramway, order 1921, it ..... the plaintiff was not duly elected as the chairman of the municipal board. for deciding this question we are confined to the provisions of the united provinces municipalities act (act 2 of 1916). it is not really necessary to rely on english authorities on the common law rules-applicable to parliamentary elections. they can serve only as a ..... of the votes of the members present and voting.25. the same considerations will apply to section 92(1), as apply to the english act. like the english act the u.p. act and the rules under it provide for the election of members of the board to be by the majority of the votes. but the election .....
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