Array
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    [0] =>  ..... during transportation they cross the forest, they would be covered under the definition of forest produce under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. thus, the transit fee is payable on stone ballast, khanda and boulder if they cross the forest during transportation. from the map filed alongwith the  .....  it would become forest produce only when it is brought from the forest and would fall under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. as the petitioners had not transported the goods in question from any forest or through any forest land, they are not liable to pay any transit .....  ballast, khanda and boulders are not and cannot be included within the definition of the forest produce as given in sub-section (4) of section 2 of the indian forest act, 1927 (hereinafter referred to as 'the act'). the petitioners have further claimed that they are lifting and transporting the minerals accompanied by form mm 11 after depositing the  ..... 
    [1] =>  ..... whether the existence of kothari and dug would convert into a rent agreement for building and consequently convert the entire lease for building and make it regularized tenancy under section 14 of the act no. 13 of 1972, would definitely be a question which could be decided by way of a regular civil suit. i therefore hold that the jurisdiction of .....  is filed for eviction from the land, jurisdiction of the civil court would not be ousted and it would be open to the tenant to claim protection under section 29a of the act.13. learned counsel for the petitioner has also relied upon a decision in the case of ichcha ram v. smt. parsandi 1990 awc 1276, wherein also the ..... been determined for fixation of the rent by the district magistrate.11. sri mithal has therefore argued that in absence of any such determination under sub-sections (4) and (5) of section 29a of the act no. 13 of 1972, the court below should not have come to the conclusion that any rent for the building has been fixed or that there ..... 
    [2] =>  ..... a jurisdiction not vested in it by law; or(b) failed to exercise a jurisdiction so vested ; or(c) acted in exercise of its jurisdiction illegally or with material irregularity.(2) a revision application under sub-section (1), when filed in the high court, shall contain a certificate on the first page of such application, below  .....  the u. p. amendment does not affect the conditions provided by sub-section (1) of section 115 of the code of civil procedure.15. the statement of object and reason of civil procedure code u. p. amendment act 2003 reveals that the legislatures had amended section 115 of the code of civil procedure to empower the district judge to  ..... by which second proviso has been added to sub-section (3) of the section 115 of the code of civil procedure. according to learned standing counsel these two ordinances have been incorporated in section 115 of the code of civil procedure by civil procedure code (u. p. amendment; act, 2003 (u. p. act no. 14 of2003). the said amendment has  ..... 
    [3] =>  .....  provided the land is not under acquisition.3. in the meantime, the state of u.p. on 03.10,2005 issued the impugned notification under section 4 read with section 17 of the act proposing to acquire 395.5726 hectare of land of the villages barauli, ahir, bagda, tora, lakawali, chamrauli, mayapur and kala! kheria in agra  ..... 1982 p&h; 519 (fb).13. now let us take up the preliminary objection of the a.d.a. that the petition challenging the notification issued under section 4 of act is 'premature and is not maintainable. in the case of collector allahabad v. raja ram jaiswal (supra), the land purchased for establishing a cinema hall in ..... alone can be quashed.23. now the next question is whether the respondents are justified in invoking the urgency provisions of act dispensing with the enquiry contemplated by section 5a of the act. the scheme of act contemplates the use of emergency powers only in exceptional circumstances provided there is real urgency where the government cannot even wait for ..... 
    [4] =>  .....  whether this court jurisdiction to try this suit?(6) whether the suit is barred by order 21 rule 103 cpc?(7) whether the suit is barred by section 42 of specific relief act?(8) what the correct amount of damages, if any recoverable from the defendant?(9) whether the defendant acquires bhumidhari rights in the grove in suit on enforcement ..... ors. : air1968all363 , sitar das v. sant ram and ors. : air1954sc606 and hira lal v. ram prasad and ors air (36) 1949 677 which have interpreted section 65(c) of the evidence act that unless it is proved that the original is destroyed or lost, the secondary evidence shall not be given.24. in the present case both the parties had ..... the court has no jurisdiction to try the suit, which is also barred by time and is overvalued. she also pleaded that the suit was barred by section 42 of the specific relief act and order 21 rule 103 cpc. the damages claimed arc highly excessive. she alleged to be in continuous possession since 1924. the grant was never resumed  ..... 
    [5] =>  .....  authorisation letters and by such way misappropriated the fund. such offence is forming the dispute to invoke the appropriate jurisdiction. the complainant avoided the jurisdiction and filed the application under section 156(3) cr.p.c. followed by f.i.r. in kolkata, where no offence was allegedly committed by the petitioners.21. learned senior counsel appearing for the contesting ..... induced to do or omit to do anything which he would not do or omit if he was not so deceived; (iii) in cases covered by (ii)(b), the act of omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property.19. according to us, cause .....  in another, or(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.15. the supreme court held that while ..... 
    [6] =>  ..... judgment:11. in view of the submissions made by the learned counsel for the parties, the first question that requires consideration is whether the act applies to the primary section also or not. section 2(b) of the act, as amended by the ordinance which came into force on 7th july, 1975, defines the term 'institution' as follows: 'institution' means .....  in mahanand singh and ors. v. state of u.p. and ors. 1978 alj 1042, a division bench of this court held that the act was inapplicable to junior high school section of a high school as it did not contain any provision regulating the administration or teaching of students of junior high school standard. in making this ..... relying upon the decision of their lordships of the supreme court in km. prem lata mishra's case (supra), the learned single judge held that the act was not applicable to the primary section. in the said case, the order of termination of service had been passed in the year 1970, that is, before the definition of 'institution' was ..... 
    [7] =>  ..... pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994. such incorporation of the section was made in the year 1994 after amendment of the constitution as aforesaid. therefore, giving a different meaning of the unamended schedule was  ..... stemming from identified past or continuing inequities and discrimination. per majority, identification of backward classes one has to begin somewhere- with some group, class or section. there is no set or recognised method. there is no law or other statutory instrument prescribing the methodology. the ultimate idea is to survey the  ..... a similar rider is also given under sub-article 6 thereunder. the u.p. panchayat raj act, 1947 (successor of united provinces panchayat raj act, 1947), as amended upto date, gives definition of 'backward classes' under section 2(bb). it means the backward classes of citizens specified in schedule i of the uttar  ..... 
    [8] =>  .....  in respect of which the market value of the instrument is to be determined but it is also equally evident that on plain reading of the various sections of the act and giving them harmonious construction, the market value of instrument of conveyance is referable to only one date i.e. the date of execution of the  .....  value in a given instrument brought for registration should be taken to be correct unless circumstances 'exist which suggest fraudulent evasion....pr. 12. power under section 47-a of the act can only be exercised when the registering officer has reason to believe that the market value of the property, which is the subject of conveyance, has ..... single judge as well as division bench of this court.50. we would further add, for future guidance, as to when 'penalty' can be imposed under section 47-a of the act. in the instant ease, the assistant commissioner (stamps), kanpur, on receiving the file from district stamp officer, apart from determining deficiency in stamp duty to  ..... 
    [9] =>  ..... could be entered into between the parties as contemplated under the c.p.c. at any stage in proceedings arising out of section 9a(2) section 11/section 12/section 21/section 48 of the u.p. consolidation of holdings act, secondly, whether title of the parties in the land which is creation of a statute could be determined on the basis of ..... of the field to field partal shall be published in the village. any objection to that shall be filed on publication of record under section 9 of the u.p. consolidation of holdings act before assistant consolidation officer disputing the correctness and nature of the entries in the record or in the extract furnished therefrom or in the  ..... any title in law.9. before delving into this question, i feel called to advert to certain provisions of u.p. consolidation of holdings act. section 3(4c) of the u.p. consolidation of holdings act defines land, same is being reproduced as under:3(4c) 'holding' means a parcel or parcels of land held under one tenure by  ..... 
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