Court : Allahabad
Reported in : AIR1954All173
..... the punctuation given in the paragraph clearly indicates that after giving the general power of admission into and emigration and expulsion from, india, the act goes on to provide that this power will include the regulation of the movements in india of persons who are not british subjects domiciled in india, or subjects of any acceding state ..... his father was domiciled at the time of the father's death'.while section 10 lays down that--'a person acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile or origin'.it will be noticed that while sub-rule (3) of rule 31 provides that the expressions 'domicile of origin' and 'new domicile' have the same meaning as in the indian succession act, no attempt has been made to define the word 'domicile' itself ..... section 3, influx from pakistan (control) act, 1949, hereafter called 'the act', provides: 'no person shall enter india from any place in pakistan whether directly or indirectly unless--(a) he is in possession of a permit, or(b) being a person not domiciled in india or pakistan, he is in possession of a valid passport as required by the indian passport act 1920, or(c) he is exempted from the requirement of being in possession of a permit by or in accordance with rules made under this act. ..... the respondents are convicted under section 5 of the act and are sentenced to pay a fine of ..... the words 'father was domiciled' in section 7, succession act, must whereby include both 'domicile of origin' .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All257
..... in the third case, the learned judges observed :'the restrictions placed upon persons returning from pakistan to india by the influx from pakistan (control) act were intended to prevent emigrants to pakistan from returning to india, it is for that reason that every person, whether of indian domicile or not, returning from pakistan to india is required to have a permit ..... section 7 of the act xxiii [28] of 1949 is in these terms:'without prejudice to the provisions contained in section 5, the central governmpnt may, by general or special order, direct the removal from india of any person who had committed, or against whom a reasonable suspicion exists that he has committed, an offence under this act, and thereupon any officer of government shall have 'all reasonable powers necessary to enforce such direction.'76 ..... it is contended by the learned government advocate that sub-section 5, article 19 allows imposition of reasonable restrictions on the exercise of any of the rights conferred by sub-clause (d) and (e) of clause (1) of article 19 in the interest of the general public and that the 'provision requiring a person entering the territory of india from pakistan to have a proper permit with him is a reasonable restriction on the exercise of such ..... , we have to see whether the rule, provision and order aforesaid impose reasonable restrictions in the interests of the general public on the exercise of the right of free movement and to reside in any part of the territory of india. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All517
..... judge has thought that it is not necessary for him to decide whether the construction on the land is of a permanent character, because in his opinion section 60, basements act, was not applicable as the house had been in the occupation of the defendant's ancestors from before the date when the basements act was enforced in these provinces (1891). ..... at will become irrevocable by the transactions of 1856, when the jetty was extended, land was reclaimed at the suggestion of the provincial authorities and a ware-house or shed built for the accommodation of the emigrants, because those transactions were sufficient to create in his mind a reasonable expectation that his occupation would not be disturbed. ..... to revoke the license where either the power of disposition was limited in character or duration or the right of revocation was expressly reserved or the license was granted only for a limited term or where the act licensed was found to have such injurious consequences as could not have been contemplated by the licensor in its inception or where there were other circumstances which would make the inference of an irrevocable grant or the ..... an event the transaction ceases to be a mere license revocable at will, but may in certain circumstances amount to a license coupled with a transfer of interest or, at any rate, a case where the licensee acting upon the license has executed a work of a permanent character and has incurred expenses in the execution so as to make the license irrevocable. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All362
..... it is also agreed that'if any person appointed as a mutwalli dies, or refuses to act in the trust, or is removed by the court or if the office of mutwalli otherwise becomes vacant, and there is no provision in the deed of wakf regarding succession to the office, a new mutwalli may be appointed : (a) by the founder of the wakf;(b) by his executor (if any);(c) if there be no executor, the mutwalli for the time being may, subject to the provisions of section 205 below, appoint a successor on his death;(d) if no such appointment is made, the ..... property was again denned as meaning any property in which an evacuee has any right or interest (whether personally or as a trustee or as a beneficiary or in any other capacity, and section 11(2) of this act provided that the property forming the subject-matter of 'wakf-alal-ausad' was to vest in the custodian subject to the rights of the beneficiaries under the 'wakf, if any, who are not evacuees; and where ..... provided by law, and pending the appointment of fresh trustees the trust property and the income thereof shall be applied by the custodian for fulfilling, as far as possible, the purpose of the trust.explanation : in this sub-section 'property in trust for a public purpose of a religious or charitable nature' includes a public waqf and the expression 'trustee' includes a mutwalli of such waqf. 2. ..... while the two appeals were pending in this court malka mehar nigar begam emigrated to pakistan on or about the 1st august 1948. .....
Tag this Judgment!Court : Allahabad
Reported in : 1Ind.Cas.902
..... the plaintiffs instituted a suit in the court of the assistant collector, first class, under section 58(a) of the agra tenancy act for the ejectment of ganga sahai and his father as their sub-tenants. ..... the learned advocate for the respondent in answer to the first contention points out that under the provisions of section 177 in all suits in which a question of jurisdiction has been decided an appeal lies to the district judge. ..... it is argued by his learned vakil that under the provisions of section 177 of the agra tenancy act no appeal lay from the decree of the assistant collector, first class, to the district judge and that, therefore, he could not, under the provisions of section 196 or 197 of the agra tenancy act, decide the appeal. ..... the learned district judge on these facts was competent under section 5 of the indian limitation act, no. ..... the office reported on the 18th of september 1907 that the case was within the jurisdiction of the district judge and not of the commissioner. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All169; 36Ind.Cas.479
..... was contended (1) that mahabir singh had committed no act which would bring him under section 164 of act vi of 1901,(2) that separate convictions under section 342 and under section 164 of act vi 1901 for the same offence were contrary ..... it has, however, been found on the evidence that mahabir has taken such active part in collecting persons for emigration as even a licensed recruiter could not do, that he has kept a block of houses for the purpose of putting in persons for recruiting and that he has ..... but the moving person in the whole matter was mahabir singh; he may have and probably did finance the concern but he did more than finance it, he actively assisted persons to emigrate and in contravention of the provisions of the act. ..... by the learned counsel who appeared on his behalf was to show that the conviction under section 164 of act vi of 1901 was illegal. ..... convicted of an offence under section 342 of the indian penal code and under section 164 of act vi of 1901. ..... would be tantamount to saying that there was really no necessity for the act so long as one kept on the establishment as a mere figure a licensed ..... singh is in no way licensed under act vi of 1901; he is a person entirely outside the act so far as any license or authority ..... on his behalf so far as the offence under section 342 is concerned. ..... me that if ram lakhan was a properly licensed recruiter, persons not being amateurs, if we may so call them, may detain coolies without a license under the act and with impunity, is one. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All126; 35Ind.Cas.967
..... section provides punishment for any person who, in contravention of the provisions of this act, in this particular case that must mean without a license, either recruits or engages or induces such person to emigrate or further assists any person to emigrate ..... emigration is 'the departure of a native of india from any part of india to which this act applies, for the purpose of labouring for hire in a labouring district otherwise than as a domestic servant ..... , but it is a little difficult to say why, upon grounds of public policy, if all that the accused is doing is, for some remuneration, giving genuine assistance to a person authorised to carry on a depot and to recruit, it should be thought worth while to interfere, because it is difficult to see how such work can be properly done, unless the authorised recruiter has the assistance of some agents or servants for whose conduct he is responsible to the authorities. ..... to provide such assistance and keep them in order in feeding them and so forth, is undoubtedly taking a prominent part and section 167 clearly contemplates a recruiter lawfully deputing some person who is not a recruiter to accompany labourers to a depot, and prima facie for my own part, i cannot see why if you ..... much, i think, is quite clear that it is almost impossible for a garden sardar to comply with certain provisions of the act which require him for example to house, feed and properly accommodate the labourers collected by him without the assistance of a person .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1922All247; 65Ind.Cas.295
..... did say was that the attached property was their sole property and did not belong to any judgment-debtor, that mangli prasad, the brother of the objectors, having become ruined had emigrated to jaipur and that the decree in execution of which the property had been attached did not contain the names of the objectors as judgment-debtors and was also invalid according to law. ..... the (sic) chief justice, sir john edge, used this language:although section 13' (now section 11) may not in terms apply by reason of the matter not having been decided in another suit, still the privy council in an analogous case has told the courts in india that the principle of law underlying section 13 is to be applied to proceedings in the, execution of decrees, the case to which we refer is ram kirpal ..... in these applications the issue now before the court has been heard and finally decided, then on the analogy of section 11 of the code of civil procedure the decree-holder would be barred from re opening the issue. ..... on the other hand he assigns that as a reason for rejecting the evidence of a person who was acting in a similar capacity for the other side at the time of the hearing. ..... he apparently accepts the evidence of three witnesses who acted no me time or another as mukhtar am for mangli ..... case was referred to--i do not say explained--because it seems to me to require no explanation, and acted upon by a judgment of this court in kishan sahai v. ..... it does not appear who acted on behalf of the minors in those .....
Tag this Judgment!Court : Allahabad
Reported in : (1922)ILR44All130
..... what they did say was that the attached property was their sole property and did not belong to any judgment debtor, that mangli prasad, the brother of the objectors, having become ruined had emigrated to jaipur and that the decree in execution of which the property had been attached did not contain the names of the objectors as judgment-debtors and was also invalid according to law ..... . if in these applications the issue now before the court has been heard and finally decided, then on the analogy of section 11 of the code of civil procedure the decree-holder would be barred from re-opening the issue ..... . that evidence was to the effect that mangli prasad had emigrated to jaipur and that no separation between the objectors and mangli prasad had taken place in the presence of the witnesses ..... . still, on the other hand, he assigns that as a reason for rejecting the evidence of a person who was acting in a similar capacity for the other side at the time of the hearing ..... . he apparently accepts the evidence of three witnesses who acted some time or another as mukhtarams for mangli prasad ..... . that case was referred to--i do not say explained, because it seems to me to require no explanation--and acted upon by a judgment of this court in kishan sahai v ..... . 'it does not appear who acted on behalf of the minors in those proceedings .....
Tag this Judgment!Court : Allahabad
Reported in : 3Ind.Cas.563
..... both the courts found that the evidence as to the particular system they had adopted was too vague and unsatisfactory to be acted upon, and in the absence of trustworthy evidence they held that the family was governed by the school of law which prevailed in the part of the country where they resided. ..... 1 had emigrated from murshidabad, somewhere in the late forties and had settled first at bindraban, then at agra and last at allahabad, it must be held, in the absence of evidence to the contrary, that the family, which was originally governed by .....
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