Court : Allahabad
Decided on : Jan-29-1973
Reported in : [1973]32STC14(All)
..... respect of paddy could not be rescinded.15. to us it appears that the impugned notification is a composite notification issued sub sub-section (1) of section 3-d and sub-section 21 of the general clauses act. section 3-d(1) authorises the state government to issue notification for the levy of purchase tax. it does not authorise the state ..... that the turnover of first purchases in respect of the goods mentioned in list ii below shall be liable to tax sub-clause (b) of sub-section (1) of section 3-d of the said act at the rate mentioned against each: list i1. foodgrains including cereals and pulses but excluding sawan, kodon, mandua, kisar (or kisari or latri), kisari ..... was to levy purchase tax sub clauses (ii) and (iii) and to rescind all previous notifications whether relating to purchase tax or sales tax sub-section 21 of the general clauses act.16. reverting now to the main contention, what has to be seen is as to whether paddy is a foodgrain or not. foodgrain is a comprehensive .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-29-1973
Reported in : AIR1973All430
..... the house from yadan in 1960 (sic). it was after a few years that the custodian gave notice to petitioner no. 1 under section 8(4) of the administration of evacuee property act (act xxxi of 1950) to show cause why damages be not recovered from him for being in unauthorised possession of the abovementioned house which was an ..... he taken any proceeding under any of the ordinances.11. central ordinance no. xxvii of 1949 was replaced by the administration of evacuee property act, 1950 (act xxxi of 1950). it contains a similar provision as section 8(2) of the ordinance. consequently, if yadan is an evacuee under u.p. ordinance no. i of 1949 and central ordinance ..... (ii) has been worded generally and we see no justification to give a restricted meaning to this provision.6. reliance was placed upon section 8(1)(b) of the administration of evacuee property act, 1950 wherein it is provided that in cases falling under this category the property shall be deemed to have vested in the custodian from .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-23-1973
Reported in : 1973CriLJ1098
..... , contended that the evidence adduced on behalf of the prosecution was insufficient to prove that the recovered articles were 'railway property' as defined by section 2(d) of the act. by section 2 'railway property' is defined to include any goods, money or valuable security or animal belonging to or in the charge or possession of a ..... that the evidence fell short of proving that the goods were used or intended to be used in the construction, operation or maintenance of railway. section 3 of that act was attracted only when it was shown that the accused was in posession of railway stores which are used or intended to be used in the ..... construction, operation or maintenance of railway. in the instant case the accused was tried and convicted of an offence under section 3 of the railway property (unlawful possession) act, 1966, which carries within its sweep the unlawful possession of railway property or of such property reasonably suspected of having been stolen, irrespective .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-1973
Reported in : AIR1974All36
..... 1. this revision has been filed against the order of the court below holding that it has jurisdiction to deal with the petition filed under section 9 of the hindu marriage act for the relief of restitution of conjugal rights and for other reliefs in the elternative. the court below has held that the husband and wife last ..... resided together in allahabad and hence allahabad court has jurisdiction. section 19 of the hindu marriage act provides that a petition under the act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or ..... on the date of institution of the petition in allahabad. the question to be determined was whether husband and wife had last resided together in allahabad. 2. section 19 does not deal with the length of residence, even a short residence may be sufficient to give the court jurisdiction to entertain the petition. the court .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-1973
Reported in : AIR1973All328
..... title and the fact that he sues for possession on behalf of himself and the other tenants-in-common does not form an exception to the rule. sections 90 and 95 of the trusts act simply state the legal effect of a decree for possession granted to a joint owner on behalf of himself and others; they do not lay down the ..... muslim. in the present case nasir husain was admittedly a shia. in the case of wakf made by a shia muslim delivery of possession is necessary as laid down in section 186 of the mulla's mahdmedan law, sixteenth edition at page 180. the privy council also held in ali zamin v. akbar ali khan that under shia law actual ..... escape the notice of plaintiff no. 2 or his predecessor. according to the plaintiffs' allegations the defendants had simply started digging foundation on this land when they treated this act of theirs as amounting to their dispossession and filed their suit out of which this appeal has arisen. it is therefore clear that if the evidence had been appraised from .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-05-1973
Reported in : AIR1973All445
..... pleased to set aside the order dated 1-5-1965 passed by the commissioner. lucknow division. lucknow, in revision no. 46 of 1964 and grant permission under section 3 of the above act to the landlord/ petitioner to file a suit for ejectment of the tenant-opposite party in the civil court.'i have heard arguments of sri badra habib siddiqui ..... is not a speaking order; therefore, the order was passed in violation of the rule of natural justice and such an order being a nullity the bar of section 16 of the act did not apply and the jurisdiction of the civil court was not excluded, as erroneously held by the lower appellate court. the order of the state government ..... ejectment against the defendant. one of the grounds on which the suit was resisted in the trial court was that the order of the state government passed under section 7-f of the act was without jurisdiction and ultra vires. it is not necessary for purposes of the present appeal to state the other pleas taken for the defendant. the munsif .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-1973
Reported in : AIR1973All407
..... by or under this act. under section 142, a bhumidhar has, subject to the provisions of the act, the right to be in exclusive possession of land in respect of which he is a bhumidhar and to use it for any ..... shall be deemed to be settled by the state government with such intermediary who shall subject to the provisions of this act, be entitled to take or retain possession as a bhumidhar thereof. section 130 of the act provides- that a bhumidhar shall have all the rights and be subject to all the liabilities conferred or imposed upon bhumidhar ..... of the land with him by the state government is held subject to the conditions and limitations provided in the zamindari abolition act. section 129 creates the tenure of bhumidhari a bhumidhar is a tenure-holder under the act. in our opinion, the rights of a bhumidhar are tenancy rights in respect of the agricultural holding, end so in .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-1973
Reported in : AIR1973All452
..... of vesting. they being hereditary tenants on the date immediately preceding the date of vesting (30th june. 1952), acquired sirdari rights under section 19 of the zamindari abolition act.10. section 180 of the tenancy act is not confined to cases where the land-holder is a male. it operates irrespective of the sex of the land-holder., the plaintiff ..... of an intermediary's grove-land; (b) a sub-tenant of grove-land; (c) a sub-tenant referred to in the proviso to sub-section (3) of section 27 of the united provinces tenancy (amendment) act. 1947; (d) a mortgagee in actual possession from a person belonging to any of the classes mentioned in clauses (b) to (e) ..... to recover possession was barred by limitation. since the defendants were in occupation as trespassers the tenant could recover possession only by a suit under section 180 (1) of the u. p. tenancy act. after the expiry of the period prescribed for such a suit, the tenants' right to recover possession was barred by limitation and, so, .....
Tag this Judgment!