Court : Allahabad
Decided on : Oct-06-1949
Reported in : AIR1950All234
..... convicted as the 'owner' of the vehicle, and that, therefore, r.k. bajpai was entitled to be ac-quitted of the charge under section 123 or under section 112 of the act.6. section 23, motor vehicles act, provides :'no parson shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in ..... a fitness certificate on the date on which it was being plied, it could not be considered to be a duly registered vehicle within the meaning of section 22 of the act.7. section 42 provides:'no owner of a transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the ..... motor vehicle, and r.k. bajpai, the manager of the shankar sugar mills ltd., captainganj, deoria, be altered from one under section 123, motor vehicles act, act iv [4] of 1939, to one under section 112 of the said act, and the fines imposed upon the applicants by a first class magistrate of gorakhpur be reduced.2. the facts which have given .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-07-1949
Reported in : AIR1950All196
..... the benares hindu university is the universal legatee and would, therefore, be entitled to a grant of letters of administration under section 232, succession act, unless debarred by section 386 of the act.7. section 236 of the act is as follows : 'letters of administration cannot be granted to any person who is a minor or is of unsound ..... opinion that the benares hindu university as the universal legatee was entitled to the grant of letters of administration with a copy of the will annexed. section 236, succession act is, to our minds, no bar to the grant of letters of administration as the benares hindu university is neither an association of individuals; ..... application for letters of administration was dismissed by the learned single judge on the ground that the benares hindu university was an association of individuals and section 236, succession act, therefore, was a bar to the grant of letters of administration to the benares hindu university. the learned judge was also of the opinion .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All227; [1950]18ITR95(All)
..... it under some usage. but whatever might have been the position before, now the position has been perfectly clarified by the amount having been fixed under section 4, sub-section (3), clause (e), muslim waqfs act as the pay of the mutawalli. under that clause the commissioner of waqfs is required to fix the pay of the mutawalli of each waqf if the ..... malik, c.j.1. this is a reference under section 66 (1), income-tax act by the income-tax appellate tribunal, allahabad.2. there is an ancient waqf in gorakhpur, known as the imambara waqf. the history of the waqf has been briefly set out ..... waqf is not exempt under section 2. section 2 relates to waqfs, which are known as private waqfs. in this case learned counsel for the assessee has given us the fact .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-1949
Reported in : AIR1950All312
..... has not been closed.' 8. i have also been referred to the report of the select committee in connection with the criminal procedure code amendment act, 1982, (xxi of 1932) by which sub-section (8) of section 526, criminal p. c., was amended. in that report the committee observed :'we think that provision should be made for compulsory adjournment ..... before the arguments begin' but have reference to the stage when the defence evidence has been concluded. however, whatever interpretation may be given to sub-section (8) of section 526, criminal p. c., it would be quite unreasonable for anyone to suspect that the action of the learned magistrate in not adjourning the case on ..... disposed of, however, indicates that he had no desire to prejudice him in any way.7. the question whether an application for adjournment under sub-section (8) of section 526, criminal p. c., is entertainable after the defence witnesses have been examined and before the close of the arguments was considered in a patna case .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-12-1949
Reported in : AIR1950All244
..... revenue has not been divided as between the various numbers, but that circumstance is wholly immaterial in view of she definition of 'imperfect partition' already quoted from section 106, land revenue act. in an 'imperfect', partition all the co-sharers of the mahal remain jointly responsible for the payment of the entire land revenue. what we have to ..... the plaintiffs should have been held to have had preferential right as against the vendee. i am of opinion that this contention is sound.5. section 12 of the agra pre-emption act runs as follows:'(1) persons of the following classes shall be successively entitled to exercise the right of pre-emption;. class 1--where the interest ..... the mahal. the words 'sub-divisions' or divisions of a mahal have not been defined in the pre-emption act, nor have they been defined in the land revenue act. the word 'division' is used in section 106, land revenue act, where 'partition' is defined as follows:'partition means the division of a mahal or a part of a .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-13-1949
Reported in : AIR1950All291
..... to round up the figure of rs. 38,118. on what principle this amount of rs. 1882 was estimated it is difficult to find. the assessment was under section 23 (3), income-tax act, and if there were no materials on which the tribunal could come to a definite finding as regards those four contracts which were said to have been sub ..... .8. we find it very difficult to understand the meaning of the second question which is as follows: (2) whether on the findings of fact assessment was correctly made under section 23 (3) 9. no such question seems to have been discussed by the tribunal in its appellate order and we do not see how this question arises and we do ..... not just add a sum of rs. 1882 to have a nice round figure of rs. 40,000 instead of rs. 38,118.6. the questions referred to us under section 66 (1) are as follows:'(1) whether on the findings arrived at by the tribunal, there was any justification for making a token addition of rs. 1882 to the accounted .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-1949
Reported in : AIR1950All232
..... support of the contention that the u. p. gur control movement order, 1946, is ultra vires the provincial legislature, it is urged that under section 297, government of india act, no provincial legislature or government has power to pass any law or take any executive action prohibiting or restricting the entry into or export from, the ..... the exercise of the powers conferred upon it under the provincial legislative list, namely, list 2 of schedule 7 to the government of india act, then and then alone does section 297 come into play and prevents the provincial legislature or government from prohibiting or restricting the entry into or export from the province of ..... accused were convicted for transporting match boxes from a place in the united provinces to a place outside the united provinces and thus contravening section 7, u. p. control of supplies (temporary powers) act, act ii [2] of 1947. it was observed in that case that any order kept in force by the united provinces control of supplies .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1949
Reported in : AIR1950All258
..... to which i have already referred, a. l. smith l. j., says that to constitute an invented word,, within the meaning of the section, it must be a word coined for the first time. 'such a word', he says, 'is of necessity incapable of having reference to ..... 66 l. j. ch. 763), lord halsbury l. c. remarked :'the proposition of law is one which has been accepted by the highest judicial authority and acted upon for a great number of years. it is that of turner l. j. who says in burgess v. burgess, (1853) 22 l. j. ch ..... of the trade-mark simply because the name tonic phosphotone had not been registered by it as a trade mark under the trade marks act of 1940.27. the essence of a 'passing off action' is in reality an attempt by the defendant to pass off its ..... .7. it cannot be denied as a proposition of law that if the plaintiff had got his trade-mark registered under the aforesaid act, he was the only person entitled to use it against the whole world and that if anybody imitated that mark he made himself .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-26-1949
Reported in : AIR1950All241
..... the learned magistrate accepted the respondent's contention and acquitted him ; hence this appeal.4. we do not agree with the interpretation of section 12 of the act by the learned magistrate. section 12 is:'every employee of a shop or commercial establishment except a watchman or care-taker shall be allowed by the employer in each week ..... the respondent's failure to allow one day's holiday in a week to his employees amounted to a contravention of the provisions of section 12, u. p. shops and commercial establishments act (act xxii [22] of 1947). the defence of the accused was that he did not contravene these provisions in so far as his employees ..... magistrate was wrong in holding otherwise.11. we, therefore, allow the appeal, set aside the order of the learned magistrate and convict the respondent under section 12 of the act.12. there is the evidence on record that the respondent was repeatedly warned by the authorities in this respect and that the respondent disregarded those warnings, .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-03-1949
Reported in : AIR1950All355
..... that they were there for a subsidiary purpose, namely, for the purpose of convicting the remaining two of riots and of the offence of simple hurt under section 323 read with section 149, penal code. the learned assistant government advocate has referred me to a ruling reported in emperor v. ram adhin singh : air1931all439 in support of ..... and convicted the remaining two. his lordship held that the remaining two persons could not be convicted under section 147 as well as under section 328 read with section 149, penal code. it was observed :'the entire prosecution evidence in the case has been laid before me and it is clear from ..... 32. in ram rup v. emperor : air1945all31 , waliullah j. (now my lord the acting chief justice), had a case before him in which seven persons were put on trial before the sessions judge for offences under sections 147 and 323, read with section 149, penal code. the sessions judge acquitted five persons giving them the benefit of doubt .....
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