Court : Allahabad
Reported in : AIR1950All100
..... mathura, or the order of the sessions judge of agra. he has cited before us the case of sandal singh v. district magistrate and superintendent of police, dehra dun : air1934all148 . he has next urged that even if this court has jurisdiction to interfere with the orders of the courts below on its revisional side, it should ..... district magistrate had to determine whether the warrant could be executed according to law, he acted judicially and the high court had power to interfere with his order.22. in the case of sandal singh v. district magistrate and supdt. of police, dehra dun : air1934all148 , this court was called upon to revise an order of the district ..... the learned magistrate had a jurisdiction to order investigation into the case.4. while the application of the opposite party made under section 8a of the said act was pending before the district magistrate of mathura, the opposite party moved an application before the additional district magistrate, agra, on 20th january 1947 prying that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All193
..... district judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this act, the husband and wife reside or last resided together. in the petitions under section 10, divoce act, the petitioner has given his permanent residence at dehra dun and his residence at the time of making the petition at police lines, lucknow. in ..... petitions of divorce by any court like that of a district judge and for confirmation of such a decree by the high court, section 17, indian divorce act provides that the decree for dissolution of marriage passed by the district judge shall be subject to confirmation by the high court. the procedure necessary for the purpose ..... limited to such object only, to claim damages from any person on the ground of his having committed adultery with the wife of such petitioner. the, divorce act does not require that the order regarding damages should be subject to confirmation by the high court if passed by the district judge. if anybody is aggrieved .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal306
..... have known on the date the agreement was entered into that it was not enforceable by law. reliance is placed on the case of 'hansraj gupta v. dehra-dun mussoorie electric tramway co. ltd.,' 60 i a 13. where the privy council observed as follows:'in the absence of special circumstances (and none exist here) ..... therefore void. learned counsel for the appellant abandoned the claim on the personal covenant & as the security was invalid, asked for relief under section 65, contract act. held, that the, mortgagee was entitled to relief under section 65. their lordships observed as follows:'the principle underlying section 65 is that a right to restitution ..... the ordinary rule, that if authority is given expressly, though by affirmative words, upon the defined condition, the expression of that condition excludes the doing of the act authorised under other circumstances than those so defined. 'ex-pressio unius est exclusio alterlus.'reference was also made to the case of 'ramkissendas v. satya charan' .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All162
..... of the political changes introduced by that act. the question whether a court could go into the question whether any particular adaptation made by the governor-general in exercise of that power was or was not necessary was considered in the case of sir gulab singh v. dist. magistrate of dehra dun : air1950all11 by a full bench of ..... to various matters. it would be unreasonable to contend that those provisions are ultra vires the powers given to the governor-general by section 229, government of india act, and i can see nothing illegal in the delegation of the power upon the chief justice by the further proviso added to article 8, amalgamation order, to ..... were amalgamated with effect from 26th july 1948 by the united province high courts amalgamation order, 1948, promulgated by the governor. general under section 229, government of india act. article 8 of the order runs as follows :'(1) the new high court shall have the like powers to approve, admit, enrol, remove and suspend advocates and .....
Tag this Judgment!Court : Mumbai
Reported in : 1950CriLJ817
..... commissioner in his executive capacity and is an administrative and not a judicial order. we respectfully agree with the following observations in sandal singh v. dist. mag. & supdt., dehra dun : air1934all148 . 'the high court would have no power to interfere with orders passed by a district magistrate in his executive capacity.' we may also refer to the oases ..... opinion this letter did not supersede b, 19 which was in born in february 1949. the order of the deputy commissioner is not warranted by section 7 of the act and the relevant permit system rules. we have no power, however, to set aside the order for the reasons stated in the following paragraphs.16. section 491, criminal ..... order. * * * *the question is whether this order is illegal. we may point out that the reference to the ordinance is wrong as it had been repealed by act xxiii [23] of 1949.7. here we may give a short account of the law regulating the control of admission into india of persons from pakistan. the first ordinance .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All342
..... with which, except as otherwise expressly provided, we are not directly concerned.' 9. this high court has also taken the same view : (vide sandal singh v. district magistrate, dehra dun : air1934all148 . but the jurisdiction exercisable by the high court under section 491, criminal p. c. in such cases is strictly limited. in the case of harish chander v ..... the government as contemplated by section 197, criminal p. c., was necessary. it was held that a public servant charged with bribery could not justify his act, as an act done by him by virtue of the office that he held and that no such sanction was necessary.15. in the case of suraj prakash v. emperor ..... virtue of this stand-still agreement. thereafter instruments of accession were entered into between the indian dominion and various indian states under section 6, government of india act, 1935. the contention of shri kanhaiya lal misra on behalf of the crown is that these instruments of accession are to be regarded as the 'new agreements .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad463
..... p. c. it must have been given in a suit and a suit has to be instituted by the presentation of a plaint. see hansraj gupta v. official liquidators of dehra dun etc., co. and rajagopala ghettiar v. h. r. e. board, madras : air1934mad103 . we are, therefore, unable to agree with govindarajacbari j. when he formulated the reason ..... p. c. decisions have recognised inherent powers of courts to order restitution in cases not falling under section 144, civil p. c. see rodger v. comptoir d' escompte de paris, (1871) l. r. 3 p. c. 465: 40 l. j. p. c. 1. palaniappa v. ramanathan : air1934mad320 and ratnaji v. ramkrishnayya : air1937mad95 a right of appeal should ..... of the code of civil procedure have been quoted in the order of reference and need not now be repeated. courts exercising inherent powers may, and often do, act on the analogy of statutory provisions which, though not applicable iproprio vigore, are nearest in point to the circumstances before them. a court has, however no inherent power .....
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