Court : Allahabad
Reported in : AIR1951All359
..... certain eventualities to appoint fresh arbitrators. those provisions are specific. they provide for certain contingencies, for example, if the arbitrator neglects or refuses to act, or is incapable of acting, or dies, the party which appoints him may appoint a new arbitrator in his place. none of these contingencies arise in this case and, ..... a preliminary objection that this revision was incompetent. his contention was that the lower appellate court exercised a jurisdiction vested in it by law and it acted in the exercise of that jurisdiction without illegality or material irregularity. he has placed reliance upon the well known case of amir hassan khan v. sheo ..... members of the association could be appointed an arbitrator. on 20th april 1944, the secretary of the association informed the applicant that man singh could not act as an arbitrator because the firm which he represented had withdrawn his name. in the circumstances the secretary of the association asked the applicant to appoint .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All667
..... 442:'this ct. exercises a vigilant watch over the proceedings of inferior cts., & successfully prevents them from usurping powers which they do not possess, or otherwise acting contrary to law, it would seem almost a natural corollary that it should possess correlative powers of guarding them against unlawful attacks & interferences with their independence on ..... in a case under section. 145, cr. p. c. this ct. revised a subordinate ct.'s order passed under section 36 of the legal practitioners' act in chaturbhuj v. e. according to the special bench, which decided the case of balkrishna hari phansalker, the power of superintendence included that of superintendence not ..... it removed the restriction, must have done so with full knowledge of the interpretation placed upon the power of superintendence conferred by the charter act & the govt. of india act of 1915. the constituent assembly must be taken to have approved of that interpretation when it restored the statutory law that existed prior to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All607
..... .) and thakurlal v. secretary, municipal committee, khandwa, 64 i.c. 274 (nag.), wherein it has been held for the purposes of the local municipalities acts that a compound or boundary wall is not a building. these authoritiesalso do not help us as they deal with a different subject-matter. considering the definition ..... to bring them within the definition of accommodation. the use of the word 'includes' suggests that they are not in the ordinary sense, accommodationcontemplated by the act. the learned counsel for the appellant has pointed out that in criminalcases under sections 442 & 380, penal code, various high courts have held that compounds enclosed ..... ejectment & damages was filed. an objection was taken that because the premises were situate within municipal limits, the u.p. (temporary) control of rent & eviction act, 1947, applied & that as the plff. wanted the house for his own residential purposes, the previous permission of the district magistrate was necessary before the suit could .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... habitual thief, burglar, etc., or a goonda can be proceeded against under section 110 of the code as well as under section 3 of the act. the act does not make it obligatory upon a magistrate to proceed against him under one enactment & not under the other. the matter is left at his ..... representing some other applicants, went a step further & contended that really there is no distinction between habitual offenders who have not acquired such a reputation & that the act by making notorious habitual offenders subject to it makes an invidious distinction between some habitual offenders & others. there is much force in both the contentions, & mr. ..... article 14 of the constitution.26. in fram nusserwanji balsam v. state of bombay, 52 bom. l. r. 799, certain provisions of the bombay prohibition act were declared unconstitutional as offending against article 14. the offending provisions made illegal discrimination between foreign visitors & visitors from other parts of india. it was reasonable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All63
..... recognised as, courts of justice. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.' rex v. electricity ..... authority; (2) that the authority should determine questions affecting rights of persons (3), that in determining these questions the tribunal should be under a duty to act judicially and (4) that in determining those questions there should be excess of jurisdiction. the observations of lord atkin, quoted above, make it perfectly clear that ..... prejudicial to their view. provided this is done, there is no appeal from the determination of the board under section 7, sub-section 3, of this act, the board have, of course, no jurisdiction to decide abstract questions of law, but only to determine actual concrete differences that may arise, and as they .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All746
..... & september 1949 much correspondence took place between the head office of the company at calcutta & the lall group in regard to the handling of the finances by the lall group but that group took no notice of the objections raised by the head office. these letters containing directions for conducting the business of ..... recognised as, courts of justice. wherever any body of persons having legal authority to determine questions affecting the rights of subjects, & having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. thus certiorari lies to ..... certain material facts on the basis of which this court was pleased to issue an interim order staying further proceedings under section 7, administration of evacuee property act & that the petitions are liable to be dismissed on that ground. respondent 1 is the custodian general of evacuee properties, now delhi, respondent 2 is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All40
..... was applied and that, therefore, what was added to those sections subsequent to the notification would tot apply to the notified area.39. chapter xii, municipalities act, relating to notified areas in fact amounted to an enactment authorising the provincial government to create notified areas and to enact laws for those areas. it ..... giving intimation of his intention and might even finish the construction before the municipality had any time to consider the matter. to remove this defect the municipalities act was amended in 1919. sub-section (5) was added to section 180, providing that no person should commence any work of which he has given ..... intending to make certain constructions within the limits of the notified area, mahoba, intimated his intention to the notified area committee, as required under section 178, municipalities act, on 27-1-1948, shortly after without waiting for any orders of the committee and without reminding it of the intimation given by him, he started the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All963
..... of the constitution can be valid except in so far as the constitution itself provides for the appropriate authority to make such law.the u. p. panchayat raj act is an act of the u. p. legislature passed in the year 1947, that is, before the constitution came into force. this was a law which was in force ..... the constitution 'subject to the other provisions of the constitution.' these other provisions are contained in arts. 226 and 227 and, therefore, section 85 (5), panchayat raj act does not debar the high court from interfering with the order of the panchayati adalat in appropriate cases.10. the question then is whether article 227 confers upon this ..... by such superior courts. section 15 then conferred upon them the power of superintendence 'over all courts which may be subject to its appellate jurisdiction.' while this act was in force the question as to the extent of the jurisdiction conferred on the high courts under the power or superintendence came for decision before the various high .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All385
..... cantonment board, allahabad v. hazarilal gangaprasad 1934 all. l. j. 805 (sulaiman c. j.and mukerji j.) : suit for recovery of value of goods supplied. section 273 (1), cantonments act, held inapplicable. (4) district boards, allahabad v. bihari lal 1936 all l j. 1214 (sulaiman c. j., niamat ullah and bennet jj.) : suit for refund of a security deposits and ..... board which concerned the proper carrying out of the duties of the board and cannot be otherwise described than as an 'official act'.' so in the present case also the withholding of the balance of the applicant's salary was ..... was a tortuous act or not; the suit was not barred by time even if section 326 applied. in abdul wahid's case (21 all. l. j, 161), grimwood mears c. j., said at p. 162:'the refusal by the board was determination by a certain gentleman sitting as a board in a matter which concerned the finances of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All170; [1952]22ITR195(All)
..... 1. the assessee-firm entered into an agreement with messrs. e. sefton and company, ltd., which company was incorporated under the indian companies act with its head office at mirzapur. the assessee-firm agreed to finance the business of messrs. e. sefton & company, ltd., for purchasing raw wool and other manufacturing expenses etc. at a rate of interest mentioned ..... e. sefton and company, ltd., entered into a partnership to carry on business on certain terms and to share profits and losses, the assessee-firm further undertaking to finance the concern on certain terms mentioned in the document. the business was carried on for a period of more than one year but on 22nd nov., 1941, the ..... applicant in the joint venture account by which the company was to provide materials for the manufacturing of blankets and yarn and the applicant was to provide the finances by virtue of the fact of the earlier termination in not allowing the full period of five years to run and the fact that there was an .....
Tag this Judgment!