Court : Allahabad
Decided on : Aug-31-1973
Reported in : AIR1974All110
..... revision is whether this question should be decided, before disposing of the application made before the civil judge under section 24 of the act. the objection is based on sub-section (2) of section 1 regarding the extent of the act. sub-section (2) reads thus:--'(2) it extends to the whole of india except the state of jammu and ..... application, which came up for hearing before me, sri b. s. darbari, learned counsel for the wife contended that the application under section 151, civil procedure code, read with section 24 of the act should be disposed of first and the interim pendente lite maintenance as well as expenses of this revision be awarded to the wife and that ..... her. the application came up for hearing before the civil judge on july 6, 1972. on that day the wife insisted that the application under section 24 of the act be decided before the question of jurisdiction was considered. the husband on the other hand pressed that the question of jurisdiction be decided first. the court .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-1973
Reported in : AIR1974All120
..... order dated 17-5-1973 is that compensation was bound to be paid to the tenant in terms of the second proviso to clause (b) of sub-section (1) of section 21 of the new act. in ground no. 3 of the writ petition the petitioner contended that such compensation was bound to be awarded by the state government. however, that is an ..... -f on 15-11-1972 the latter moved an application before the prescribed authority on 24-11-1972 under section 43 (2) clause (rr) of the new u. p. act no. xiii of 1972 read with section 21 of the said act seeking the eviction of the tenant. by the order dated 13-12-1972 passed in civil misc. writ no. 7746 of ..... obvious mistake as compensation under section 21 is awarded by the prescribed authority. in fact mr. shanti bhushan appearing on behalf of the petitioner contended that compensation was bound to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-23-1973
Reported in : AIR1974All305
..... opposite parties was invalid. apart from this, we further find that in the present case the waqf was created by a deed and therefore the board could act under the section only if no one competent to be appoint ed as mutwalli under the terms of the said deed was available. as according to us the opposite parties ..... to have delivery of possession over the waqf properties, and as the opposite parties did not hand over possession consequently the applicants filed an application under section 63 (5) of the act against the opposite parties for an award to direct them to deliver possession of all the waqf properties, accounts and cash. the said application was ..... and function as mutwallis was disputed by the board, on being approached by some residents of varanasi the board passed a resolution dated 3rd march, 1963 under section 48 of the act and appointed applicants 1 to 3, with two others, as members of the committee of management of the waqf, these two others, however, subsequently resigned. .....
Tag this Judgment!Court : Allahabad
Decided on : May-02-1973
Reported in : AIR1974All98
..... in question as a property which had been acquired by and had vested in the central government under section 12 of act xliv of 1954. the present special appeal has been filed against this judgment of the learned single judge. 2. it was urged by the learned ..... came to the conclusion that the property involved in the present case is clearly an evacuee property. in view of his finding that the provisions of section 12 of act xliv of 1954 could not be applied, he allowed the writ petition and issued a writ of mandamus directing the appellants not to sell the property ..... published in the gazette of india dated 4th june, 1955 notifying the property aforesaid to have been acquired by the central government under section 12 of the displaced persons (compensation and rehabilitation) act (act xliv of 1954). subsequently, it appears that the settlement commissioner passed an order declaring that the notification aforesaid did not affect the property .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-1973
Reported in : AIR1974All147
..... collision which took place on account of the impact with the traffic island. we are unable to endorse the findings of law recorded by the court below.5. section 116 of the cantonment act, 1924 prescribed the duties of the board. clause (a) refers to the lighting of street and other public places. clause (e) deals with 'removing, on ..... road where the accident took place, we may address ourselves also to the question as to who was responsible for constructing the traffic island in question. section 75 of the motor vehicles act empowers the state government or any other authority authorised in this behalf by the state government to place or erect a traffic sign in any public ..... , it was not the case of the board that it was constructed at the instance of the district magistrate or regional transport officer as contemplated by section 75 of the motor vehicles act read with rule 184, quite apart from the statutory duty, the common law also casts a duty on the board to keep the streets free from .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-31-1973
Reported in : AIR1974All90
..... travelling in the same truck. the truck was going from saharanpur to delhi. after notice to sri babu singh the claimants opposite parties claimed compensation under section 110-a of the motor vehicles act amounting to rs. 27,000/-.3. the claim was contested by the jupiter general insurance co. and sri babu singh. the learned motor accident claims ..... absolute term but is relative one and is rather a comparative term. what may be negligence in one case may not be so in another.10. section 110-a of the motor vehicles act lays down the procedure for an application for compensation. while there is nothing in the form which requires that the allegation of negligence should be stated ..... that agreement.'19. the financier whatever his rights may have been under the general law or the agreement was not a owner within the definition of section 2 (19) of the motor vehicles act and as such was not necessary party. it is also in evidence that the financier had been paid off and on that account also the .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-24-1973
Reported in : AIR1974All121
..... tenant, and, save as otherwise expressly provided, shall have all the rights and be subject to all the liabilities conferred and imposed upon occupancy tenants by this act.' sub-section (5) of section 10 provides- '(5) the land in which such occupancy right has been created shall be specified and the rent payable therefor shall be fixed by the ..... be lost only in accordance with some provision of law and not by the failure of the officer to perform his duty under sub-section (5) of section 10 of the n. w. p. tenancy act, 1901.8. the view of the deputy director that on the transfer of proprietary rights by tore in favour of brindaban his sir ..... the learned single judge dismissing the writ petition filed by the appellant against the judgment and order of the deputy director of consolidation passed under section 48 of the u. p. consolidation of holdings act.2. two points have been decided by the deputy director of consolidation and the same were canvassed before the learned single judge. the .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-13-1973
Reported in : AIR1974All285
..... it instead of currency notes. he, however, held that the goverment was not liable for the loss of the currency notes from this envelope in view if section 33 of the indian postoffice act read with rule 175 of the indian post office rules. the suit was not decreed against the defendant no. 3 also because it was found that there ..... device without tampering with the seals put on the envelope. he was of the opinion that this wrongful act was done by some employee of the post office in the course of his employment for which government was liable and that section 33 read with rule 175 did not afford any protection to the postal department. the suit was accordingly ..... suspicion but cannot displace the conclusion afforded by the seals.7. i am in respectful agreement with the above observations made by the learned judges of patna high court. section 33 which defines the liability of the post office for loss or damage to articles sent by post under insured cover is by its own terms subject to the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1973
Reported in : AIR1974All50
..... -- (1) if, on or after the first day of january 1940, any person was ejected from ms holding or any part thereof:-- (a) .....................(b) under section 171 of the said act, otherwise than on the ground of an illegal transfer by way of sale or gift, he may apply, within six months from the date' of the commencement of ..... the period of time within which suits, etc. may be filed except cases for which specific provision in that behalf has been made under the act.17. section 202 provides for the ejectment of asamis. section 204 says that if a suit for ejectment of an asami of the classes mentioned therein is not instituted, or a decree obtained under such ..... from the date of vesting. thereafter it would be barred by limitation. if no such suit was filed by 30th june, 1953, the erstwhile asami became a sirdar under section 204 of the act. by a notification dated november 20, 1954, entry no. 25 (ii) was again amended. paragraph 6 (3) of this notification provided :'the existing entries in .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-29-1973
Reported in : AIR1974All113
..... by the court of appeal that a master is liable has negligence of his servant whereby opportunity was given for a third person to commit a wrongful or negligent act immediately producing the damage complained of. the negligence of the servant must be the effective cause of the damage. the servant's carelessness in not anticipating what might ..... so far as to hold that a person lawfully leaving a vehicle standing unattended in a highway can in no circumstances be held responsible for damage through the intervening act of a third party. the circumstances might be such that he ought to recognise that he was offering a temptation or invitation to another to set the vehicle ..... singh driver was the effective and proximate cause of the accident. he was liable for the damages for the injuries caused to sukhbir singh. since the driver was acting in the course of his employment, his master the ganga sugar corporation limited was also liable for the same.16. the last point urged by the learned counsel .....
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