Court : Allahabad
Decided on : Aug-10-1973
Reported in : AIR1974All266
..... of the old lease might be continued in it, by implication; and it cannot be disputed that to bring new tenancy into existence, there must be a bilateral act. what section 116 contemplates is that on one side there should be an offer of taking a renewed or fresh demise evidenced by the lessee's or sub-lessee's continuing ..... plaintiff had entered into a fresh contract with the defendant and allowed him to continue as a tenant on the same old terms. in these circumstances, section 116 of the transfer of property act has no application to the present case.19. sri chaudhary wanted to rely on the recitals in the notices sent by the plaintiff in connection with ..... the defendant by holding over.7. in order to appreciate the point raised on behalf of the appellant, it is necessary, at this stage, to read section 116 of the transfer of property act. it reads:'116. effect of holding over. if a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-1973
Reported in : AIR1974All44
..... apply if a revision petition presented by an unsuccessful party in a claim proceeding is rejected by the superior court. if the high court in exercise of its powers under section 115, civil p. c. refuses to interfere in a claim case, it merely amounts to an abstention from exercising jurisdiction and the final order that remains subsisting is ..... with the original decision.' 6. similarly, it was held by a full bench of the travancore-cochin high court that for a suit under article 11-a, limitation act, time runs from the date of the order of the execution court rejecting objection to delivery and not from the date of the order passed on an infructuous and incompetent ..... period of limitation. 4. the learned counsel for the parties were heard at length and my attention was drawn not only to the provisions of article 98 of the limitation act, specially, the words 'final order' but also to the observations made by the travancore-cochin high court in the case reported in air 1955 trav co 51 (govinda .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-1973
Reported in : AIR1974All118
..... of the petitioner that the order of the state govt. does not disclose any reason and independent application of mind for the rejection of the petition under section 7-f of the act is without any substance. it has referred to the various pleas raised by the parties and then arrived at the conclusion that no interference against the ..... need of the petitioner and that of the landlord and that the order of the state government did not contain any reasons for rejecting the petition under section 7-f of the act. i have carefully looked into the orders passed by the various authorities referred to earlier and i find no substance in the grievance made by the petitioner ..... avail of the offer made to him by the landlord and surrender one of the shops in favour of the landlord. the petitioner filed a petition under section 7-f of the act before the state government and reiterated the various pleas raised by him before the rent control and eviction officer and the commissioner. the state government, by .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-1973
Reported in : 1974CriLJ133
..... disappearance of evidence by trying to cremate the body. the charge does not indicate that any of the appellant was being tried for giving false information of a crime. under section 342, i. p. c. when the accused were examined no such question was put to them. the evidence is also not sufficient for holding that jagdish kumar gave any ..... shall also be liable to fine....as the dead body , of sashi devi could have provided best evidence of the offence of her murder, the act of making it disappear would amount to an offence under section 201, i. p. c. but in the present case, before the body could be caused to disappear, it was intercepted and the commission of ..... positive conclusion from the circumstances of the case that jagdish kumar had knowledge of the fact that sashi devi had been murdered and had not died a natural death.8. section 201, i. p. c. runs as follows:whoever, knowing or having reason to believe that an offence has been committed caused any evidence of the commission of that .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-1973
Reported in : [1974]33STC599(All)
..... circumstances, the remand order passed by the learned assistant commissioner (j.), sales tax, was a proper order?3. at one time this court held the view that section 21 of the act was applicable only where an assessment had once been made by the sales tax officer, but he had failed to assess either in whole or in part the turnover ..... best judgment assessment on a turnover of rs. 3,90,000. the assessee appealed and questioned the legality of the service of the notice under section 21 of the act. the appellate authority held the service as legal and proper but he remanded the case to the sales tax officer as, in his opinion, proper opportunity had not ..... assessment year 1959-60 he neither filed any return nor paid any tax. the sales tax officer served upon the assessee on 19th march, 1964, a notice under section 21 of the act for the assessment year in question. the notice was served by affixation. the assessee did not appear on the appointed date and the sales tax officer made a .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-31-1973
Reported in : AIR1974All95
..... should reside within the jurisdiction of the court to which he makes the application. it was observed. 'we might also refer to clause (h) of section 39 of the same act, which shows that the legislature contemplates that an applicant for guardianship should reside within the jurisdiction of the court to which he makes the application.' this view ..... within whose jurisdiction the minor ordinarily resided and had property, from being appointed guardian of his person and property. it was taken that clause (h) of section 39 of the act was only a ground for removal and not a bar to appointment. it may be that the law does not prohibit a court from entertaining an application ..... of preventing the minor from going out of india and having a life of greater comfort. the contention has no merit. dismissal of an application under section 7 of the act cannot amount to any preventive order. it does not prohibit the minor from going out of the country. if the government of india grants the passport .....
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 : AIR1974All69
..... on account of some important point involved therein. the brief facts giving rise to this appeal were that the respondents azimullah and others brought a suit under section 6 of the specific relief act, 1963 against jamahiddin and others appellants for possession over plot no. 545/3 measuring nine biswas. that suit was decreed. the decree-holders put that ..... itself has been passed. they do not refer to a suit of a different nature which is permitted by sub-section (4) of section 6 of the specific relief act 1963 itself. this sub-section lays down that nothine in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. if the ..... .c. would be a final order and not open to challenge by a similar regular suit. of course, a suit under section 6 of the specific relief act cannot be filed to challenge an order passed under section 47(i)e of civil procedure, 1908~^ of the code of civil procedure. but a regular suit to challenge that order .....
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 : Jul-23-1973
Reported in : 1974CriLJ139
..... shop of one umaid ali at safipur and went and arrested him. the case thereafter was registered and investigated, resulting in the prosecution of the petitioner under section 14, foreigners act, for contravention of paragraph 7 of the foreigners order, 1948. the petitioner pleaded that he was an indian citizen; that he had not obtained any ..... india within 24 hours and when this order was not complied with by the petitioner, a case was registered and investigated and resulted in his prosecution under section 14, foreigners act for breach of that order.3. the petitioner made an application, even before the submission of the charge sheet on november 26, 1970 for dropping ..... been a foreigner and further assuming him to have been the person who had obtained the pakistani passport and the indian visa, amounted to an offence under section 14, foreigners act, read with paragraph 7 of the foreigners order. the scope of article 20(2) was stated by the supreme court in maqbool hussain v. state of .....
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