Court : Allahabad
Decided on : Mar-13-1973
Reported in : AIR1973All579
..... that he recommended for the appointment of an authorized controller, as in his opinion serious irregularities existed in the institution which could lead to a serious and explosive situation and that the explanation of the managing committee appeared to be baseless. there is not a single word in his recommendation which may show that in ..... accepted, as is contemplated by section 16-d (4) (5a) of the act.3. on behalf of the respondents it is contended that before making his recommendation to the state government, the director of education served a ..... director of education afforded an opportunity to the petitioner to have its say in the matter before making a recommendation to the state government under section 16-d (3) of the act, nor did the state government give an opportunity to the petitioner to explain why the recommendation made by the director of education be not .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-08-1973
Reported in : AIR1974All106
..... the claim of the gaon sabha was upheld. the appeal filed by the petitioners was dismissed by the settlement officer (consolidation) and their revision under section 48 of the act was also dismissed by the deputy director of consolidation by his order dated 26-3-1966. the petitioners then moved the present writ petition. 3. ..... to transfer the whole of her agricultural holding without the prior permission of the settlement officer (consolidation) as required by section 5 (1) (c) (ii) of the act.4. section 5 (1) (c) (ii) of the act enacts that no tenure-holder, except with the permission in writing of the settlement officer (consolidation) previously obtained shall transfer ..... english text which shall prevail over the hindi version and according to the english text the expression 'any holding' occurring in clause (ii) of section 5 (1) (c) of the act does not include the 'whole holding' so that it is not necessary to obtain the permission of the settlement officer (consolidation) for the transfer .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-13-1973
Reported in : AIR1973All596
..... provides for appeals from original decree, but it does prescribe the forum. provisions in respect of forum are contained in the bengal, agra and assam civil courts act. section 100 of the code provides for appeals from appellate decree (second appeals) and also prescribes the exclusive forum, viz., the high court. similarly revisional jurisdiction and ..... this aspect of the matter, to my mind, is of importance and will be dealt with more fully later on.154. besides section 9, several other sections of the high courts act, 1861 (e.g. sections 11, 13 and 15) referred only to the governor-general in council. the letters patent also did the same. therefore, there is ..... arose whether a letters patent appeal against the judgment of a single judge of the high court was maintainable or the provisions of sub-section (2) of section 39 of the arbitration act were a bar to the entertainment by the high court of an appeal against the order of a single judge. whether letters patent appeal .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-03-1973
Reported in : AIR1974All104
..... institution of the second appeal in this court, the appeal would not be deemed to be 'pending'; hence no order for abatement can be passed under sub-section (2) of section 5 of the said act. the argument was that an order for abatement can be passed only when a suit, appeal or revision is 'pending' and not otherwise; and as, ..... to entertain the appeal, and the appeal would, therefore, not be deemed to be pending. hence no order for abatement can be passed under sub-section (2) of section 5 of the said act inasmuch as an order for abatement can be passed only when a suit, appeal or revision is pending in a competent court. this contention is sought ..... or with respect to any other matter in regard to which a suit or application could be 'filed' under the provisions of this act. this section 49 was, however substituted by the present section by the u. p. act no. xxxviii of 1958 which,as indicated heretofore, provides that no civil or revenue court shall entertain any suit or proceeding with .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-24-1973
Reported in : AIR1974All131
..... existence on that date was not raised or decided in this case.4. how the ceiling area is to be calculated is set down in section 4 of the act the relevant part of sub-section (2) of section 4 with which we are concerned reads thus:--'2 (a) the ceiling area of a tenure-holder shall be forty acres of fair quality land ..... alienations made by the karta of a joint hindu family. in ram dayal v. bhim sen, 1965 all lj 1142 this doctrine was applied to succession under section 35 of the u. p. tenancy act. it was held that a daughter's son who was in womb at the death of his maternal grand-father or his widow would be deemed to ..... of the division bench of this court which decided the case state v. district judge.5. the provisions of the act also show that the doctrine cannot be supplied to the act. the relevant words of clauses (b) of sub-section (2) of section 4 are--'where the tenure-holder has a family having more than five members. .....,......'the language indicates that the family .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-31-1973
Reported in : AIR1974All162
..... area would be rs. 52,078.40.28. sri brrj lal gupta further contended that he was entitled to interest under section 28 of act on the amount which was awarded by the court below over and above the amount of compensation found by the land acquisition ..... also filed a lease deed executed by the nagar mahapalika in respect of plot no. 2 of block a in favour of indian explosives ltd, on 15th may, 1967 for rs. 40,39,505/-.18. it is not in dispute that the lands which were ..... distance of 2 miles 2 furlongs from there. the further statement made by him was that the land sold to the indian explosives by the nagar mahapalika was situate in the east of the disputed land, and that the land sold by the nagar mahapalika ..... of 6.93 acres of land of village nauraiya khera, pargana kanpur. the said notification was followed by a notification under section 6 of the act dated 1st december, 1956. the purpose of acquisition mentioned in the notification was the construction of a textile machineryparts factory by .....
Tag this Judgment!Court : Allahabad
Decided on : May-16-1973
Reported in : AIR1974All82
..... principle, in my view, should also apply to the instant case.13. in the course of arguments counsel for the petitioners sought support from section 19 of the act in sustenance of their contention that because the petitioners were hereditary tenants on the date immediately preceding the date of vesting, they became sirdars and ..... court on the 30th day of june, 1952, and, that being the position, the petitioners cannot lay their claim on the basis of section 3 of the supplementary act.10. counsel for the petitioners contend in the alternative, that bhaiya durga prasad singh being competent to create leases after having obtained possession in ..... of consolidation, 1970 ah u 510) (fb). for these considerations, the petitioners' contention that by long adverse possession they had acquired sirdari rights under section 210 of the act cannot be accepted as correct.9. it was contended that the petitioners being in cultivatory possession of theland during the year 1359 fasli became adhivasis under .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-1973
Reported in : AIR1974All1b
..... of the meerut university having been appointed under a written contract the provisions of statute 30 and of sub-section (3) of section 25-c of the agra act or sub-section (3) of section 28 of the meerut act will have the force of law and the relationship between the parties cannot be said to be purely contractual, ..... the registered society owning the college. the vice chancellor of the university exercises general control over the affairs of the affiliated college under sub-section (4) of section 10 of the meerut act. since the affairs of an affiliated college almost in all respects are supervised by the committee of management of the college, the vice ..... member of the administrative staff. he was appointed by the executive council on an administrative or ministerial post created by the university under sub-section (11-b) of section 5 of the act. there is no dispute that chapter ix of the regulations framed by the executive council of the university regulating the conditions of service .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-20-1973
Reported in : [1974]33STC381(All)
..... always be said that the commodity sold in that condition is generally exempt from sales tax. that is precisely what was being avoided by the explanation added to section 8(2a) of the act. as stated earlier, under the notification dated 31st march, 1956, milk product is exempt from payment of sales tax only when it is sold otherwise than in sealed ..... tax on such conditions and on payment of such fee, if any, not exceeding rs. 8,000 annually as may be specified in the notification.6. acting under section 4 of the u.p. sales tax act, the state government issued notification no. s.t. 911/x dated 31st march, 1956, directing that with effect from 1st april, 1956, the goods mentioned in ..... notifications nos. s.t. 911/x dated 31st march, 1956, and s.t. 776/x-900(16)-64 dated 16th february, 1965, of the u.p. sales tax act and read with section 8(2a) of the central sales tax act2. while hearing these references, a division bench of this court felt that the case of nestle's products india ltd. v .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-05-1973
Reported in : AIR1974All473
..... standing timber, growing crops or grass. this definition however does not affirmatively state what shall be regarded as immovable property. this definition is found in general clauses act in section 3(26) which provides:''immovable property' shall include land, benefits to arise out of lands and things attached to the earth, or permanently fastened to anything attached ..... bazar constitutes a benefit arising out of the land and therefore a lease of bazar dues is a lease of immovable property within the meaning of section 3(26), general clauses act. there can be no manner of doubt that the land itself with all the things attached to it and all the benefits arising therefrom is ..... assumed for arguments sake that these documents were genuinely executed, they cannot legally create a lease even for a period of one year. under section 107 of the transfer of property act even a lease for a period of one year can be created either by a registered instrument or by an oral agreement accompanied by .....
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