Court : Allahabad
Reported in : AIR1915All217; 29Ind.Cas.540
..... point, on the wording of section 195 of the code of criminal procedure, and a point as to which there has been difference of opinion between the various high courts, whether under the circumstances stated mohammad yasin is not entitled to bring the matter before this court by a further application under section 195, clause (6), of the code of criminal procedure. ..... the original decree-holder having died during the pendency of these proceedings, there was some little delay, perhaps not unnatural under the circumstances, before his sons applied to the judge of the court of small causes for sanction to prosecute mohammad yasin in respect of offences punishable under sections 193, 467 and 471, indian penal code, alleged to have been committed by him in the ..... the matter was brought before this court by present application presented on the 13th april 1915, and a further result of the system of registering such applications as criminal appeals in the court of the district judge of meerut has been that the application now before me has been admitted and notice issued to the opposite side, as an ..... case is one mohammad yasin, who on the 21st of february 1914 applied for execution of a certain decree in the court of small causes at meerut, alleging himself to be a transferee of the decree. ..... practice was that the learned district judge felt considerable doubt as to whether the ' application before him was not barred by article 154 of the first schedule to the indian limitation act (ix of 1908). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All1
..... we do (sic) think that the case is really in point, but (sic) significant that it was held in that case that the materials placed before the court the grant was nothing more nor less than a 'muafidar', (sic) is to say, that plaintiff was a zemindar who (sic) not liable to pay land-revenue and his (sic) rights were transferable ..... point that the learned judges seem to have decided is that a grant of immovable property is not to be treated as a pension within the meaning of the pensions act and that where the land-revenue has been granted the mere fact that the grantee has also acquired the zamindari interest does not merge the two interests. ..... reliance has not been placed in this case on the crown grants act in this court or in the lower court; nor can reliance be placed on it in view of the nature of the ..... very little evidence has been given in this case as regards the nature of the grant, but even if the crown grants act was applicable, plaintiff's suit must fail as the transfers would in that case be invalid and the plaintiff would not be entitled to claim land-revenue fromthe transferee.the only other case referred to us is the ..... wanted to prove the fact that a grant had beer made to his ancestors of land revenue alone and that they were not ordinary 'muafidars', he should have produced proper material before the court, i and facts mentioned in various judgments could not be used as evidence to prove his contention.6. ..... ', 4 bom 432 (a) has been accepted by all the high courts. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All531; 1961CriLJ586a
..... the subject matter of the charge against him, if successfully carried out, would paralyse the administration and create an internal revolution and revolutions are seldom peaceful, the learned judges of the bombay high court also dealt with this aspect of the case and they observed at page 465: 'thirdly, it has to be remembered that peace ful picketing by its nature should, in all probability, not result in ..... or carries on business or happens to be, or persistently follows him from place to place', or interferes with any property owned or used by him or deprives him or hinders him in the use thereof or (b) loiters or does any similar act at or near the place where a person carries on business, in such a way and with intent that any person may thereby be: deterred from entering or approaching or dealing at such place,' shall be punished with imprisonment for a term ..... decisions were considered by the learned judges of the bombay high court, but they did not agree with the view expressed in ..... petitioner then came before the high court under article 228 of the ..... come in thousands and to take possession over parti land, and to distribute same amongst landless persons, to surround tahsils with thousands of cultivators who were cultivating land on loss and to continue this act of surrounding till their demands for remission of rent were conceded or they were arrested, to picket liquor shops in hundreds till the shop was closed, to picket peacefully ..... union of india : [1950]1scr869 ; state of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All285
..... similarly, if an addressee had accepted the article and given a receipt therefor obviously after examining the soundness of the cover and the seals, it would be very difficult for the post office to refute the addressee when he claims that the articles sent under the insured cover were not actually found in it on opening that cover ..... the learned counsel for the appellant also relied on a decision of the patna high court in union of india v. ..... 3, whose statement was recorded on commission, deposed that he himself had put the currency notes in it, stitched the envelope, put the seals on it and personally delivered it to the postmaster in dehabari post office in any case, from the facts as stated above the central government is protected by rule ..... am in respectful agreement with the above observations made by the learned judges of patna high court. ..... however, held that the goverment was not liable for the loss of the currency notes from this envelope in view if section 33 of the indian postoffice act read with rule 175 of the indian post office rules. ..... after that it cannot have any track on the acts and dealings of the addressee when he opens the insured cover and takes out its contents or finds those contents missing which the sender had represented to have ..... he was of the opinion that this wrongful act was done by some employee of the post office in the course of his employment for which government was liable and that section 33 read with rule 175 did not afford any protection to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All456; 1961CriLJ306
..... in any case, the latest decision of the calcutta high court does not lay down that a mere direction under section 73 of the evidence act amounts to compelling the accused to furnish evidence against himself. 24 ..... at this place, it may also be observed that some of the high courts changed their view in subsequent decisions, and at present there is the full bench decision of kerala high court only which is against the view that we are taking.22. ..... the other high courts have taken a contrary view, namely, that a mere direction under section 73 of the evidence act does not amount to compulsion unless an objection was raised and the compliance of the order was obtained after overruling the objection ..... the accused persons then went in revision to the calcutta high court, but the revision was dismissed on the ground that a mere direction to a person to give his specimen writings did not amount to compelling him to give evidence against himself.this decision was dissented from in : air1960cal32 ..... when the matter came before the high court it was held by the bench that a mere direction to the accused to give specimen handwriting or signature does not by itself contravene the provisions of article 20(3) of the ..... referring to their decisions it would be proper to cite two supreme court cases: the principle laid down therein can usefully be applied to the instant case.it may be mentioned that high courts, who have taken a contrary view, did so on interpretation of the supreme court cases. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All486
..... ghaziabad functioning under the treasury manual, were functioning, as contended by the learned advocate-general, in exercise of statutory powers, (because the rules under the treasury manual were framed in virtue of section 151, government of india act, 1935), that will not afford the state government any immunity, unless, it proves that the tort was committed by the public officers in the course of an activity which is referable to the traditional concept of government activity ..... the government of india may sue or be sued by the name of the union of india and the government of a state may sue or be sued by the name of the state and may, subject to any provisions which may be made by act of parliament or of the legislature of such state enacted by virtue of powers conferred by this constitution, sue or be sued in relation to their respective affairs in the like cases as the dominion of india and the corresponding provinces or the corresponding ..... learned advocate-general invited our attention to the decision of the madras high court in srinivasa ayyangar v. ..... the challan issued by the sub-treasury bore the seal of the sub-treasury as well as the signatures of the accountant and the treasurer ..... man of the bank who deposited the money was in return given back a receipted challan bearing the signatures of the treasurer and the accountant and the seal of the sub-treasury. ..... 3 in duplicate bearing the seal of the treasury and the signatures of the treasurer and the accountant of the sub- .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All254
..... also note that the case of shaik akbar was distinguished by the calcutta high court itself in pramatha nath sandal v. ..... hand it cannot be doubted that the opinion of other high courts has been somewhat different. ..... we accordingly send down the above issue to the court below for a finding and report, and direct that the account books of the bombay firm, of the plaintiffs' firm at hapur, and of the defendants' firm should be called for and formal evidence ..... us that the best documentary evidence which would have been much more satisfactory than the mere oral evidence has not come before the court owing to default on the part of both parties. ..... the court below has held that, in view of the provisions of section 13, stamp act, which requires that every instrument written upon paper stamped with an impressed stamp shall be written in such 'manner that the stamp may appear on the face of the instrument and cannot be used or applied ..... furthermore section 98, sub-clause (e), negotiable instruments act, makes it quite clear that no notice of dishonour is necessary to charge the drawers when the acceptor is also ..... of section 91, evidence act, cannot be ignored. ..... act. ..... principally on the principles of equity, and do not expressly consider the provisions of section 91, evidence act. ..... passed on the bills of exchange themselves then the latter embody the contract between the parties and no other evidence can be given to prove such contract in view of the provisions of section 91, evidence act.5. .....
Tag this Judgment!Court : Allahabad
Reported in : [1992]196ITR243(All)
..... cit [1970] 76 itr 496 (sc) in which it was observed (headnote) :'where an assessee gives no explanation in his writ petition against an order of the commissioner under section 33b of the indian income-tax act, 1922, for not preferring an appeal under the act against the commissioner's order and justifying his recourse to the special jurisdiction of the high court under article 226 of the constitution, the high court would be justified in dismissing the writ petition in limine.' 20. ..... 2 and his employees and a number of persons of the vicinity received information that a number of shops have been closed down by putting seal over the locks and this was done by the officers of the income-tax department with the help of the police of the police station, aminabad. ..... in view of this notice which was produced before the court, the court was not inclined to grant an interim order at that stage as the opposite parties expressed readiness to open the seal, and, as such, it was provided :'this action, i.e. ..... as you are aware that an operation under section 132 of the income-tax act, 1961, is continuing in your case, your premises were sealed on august 31, 1987, as due to law and order problem the search operations could not be carried out. ..... on behalf of the petitioners, it was stated before the court that the seals and locks may be removed from the business premises at 10 a.m. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All736
..... exercising the original jurisdiction of the calcutta high court considered the question whether the principle of restitution embodied in section 65, contract act, is applicable to a case where an agreement entered into between the parties is void by reason of non-compliance with an express statutory provision at great length. at p. ..... the provisions of section 174 were construed as referring to the capacity of a corporation to enter into a contract of value exceeding fifty pounds & it was, therefore, held that even though the urban local board governed by the act had received the benefit of an agreement which was entered into without the seal of the board, it could not be sued for the amount under doctrine of quantum meriut because the mandatory provisions of the statute must prevail. ..... in my opinion, therefore, the necessary conclusion to which we are driven is that where a special law creates a corporate body & that body cannot enter into a contract except under .seal no relief can be given to a person relying on a contract entered into between him & the board but not under seal even on quantum meruit, for a man cannot be allowed to do by indirect means what he is forbidden to do directly.in my opinion the decision of the house of lords in the case of young & co. v. ..... in that case an engineering firm had spent between 6,000 & 7,000 upon improvements in leamington, & the court held that inasmuch as the contract was not sealed as required by the statute the suit did not lie. .....
Tag this Judgment!Court : Allahabad
Reported in : [1982]49STC294(All)
..... a similar matter came before the delhi high court in kwality ice cream co. v. ..... 10 of list ii described 'milk' and 'milk products' such as chhena, dahi, khoa, butter and cream, but excluding (i) products sold in sealed containers and (ii) sweetmeats, as being the goods which were to be exempt from payment of tax. ..... gazette on 16th february, 1965, granting exemption to 'milk' and 'milk products' but excluding (i) products sold in sealed containers, (ii) sweetmeats, (iii) ghee and (iv) butter and cream.3. ..... in the year 1965 another notification in exercise of the powers under section 4 of the act was published in the u.p. ..... sales tax act, the only question of law involved for our consideration is whether 'ice-cream' is milk product and its turnover is exempt from sales tax under section 4 of the u.p. ..... sales tax act.5. ..... notification of 1956 was taken out and all 'milk and milk products' excluding those specified in the second notification were declared goods the turnover of which was to be exempted from tax under section 4 of the act.4. ..... there were two notifications issued from time to time by the state government under section 4 of the act. ..... sales tax act.2. .....
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