Court : Allahabad
Reported in : AIR1950All167
..... tried at one trial for, the offence constituted by such acts when combined, and to any offence constituted by any one, or more, of such acts.(4) nothing contained in this section shall affect the indian penal code, section 71.'section 236. 'if a single act or series of acts is of such a nature that it is doubtful which ..... accusation specifying a definite criminal offence is of the essence of criminal procedure.'their lordships further observed :'the course pursued and which was plainly illegal cannot be amended by arranging afterwards what might or might not have been properly submitted to the jury.upon the assumption that the trial was illegally conducted it is idle to ..... case, which was decided in the year 1901, the legislature did not introduce the word 'illegality in section 537 or anywhere else in the code, although it was amended after that year. this being the state of the law, we do not think that we should introduce a distinction between 'illegality' and 'irregularity.' the sole .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All580
..... as a revision under section 115, civil p. c., particularly because the lower appellate court proceeded on the ground that the court had no jurisdiction to allow amendment after the expiry of the period of limitation. had the lower appellate court exercised its discretion on the merits of the case against the decree-holder, it ..... had been after the expiry of 12 years, the inherent powers of the court could not be exercised in violation of the statutory provisions and the application for amendment was wrongly allowed. the lower appellate court relied. on certain decisions in support of its conclusion.4. when the matter came up before our learned brother, judicial ..... civil p. c.'it is agreed that section 153 is a mistake for section 151.3. the lower appellate court in appeal held that the application for amendment of the execution application was a fresh application seeking to proceed against properties of the judgment-debtor other than those mentioned in the original application and could not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All562
..... in the nature of preventive detention.63. section 123a, criminal p. c., which was enacted and incorporated in the code, by the code of criminal procedure (u. p. amendment act) (u. p. act viii [8] of 1949), is in these terms :'if any person ordered to give security for any specific period under any enactment for the time being in force for ..... order, to the same effect:provided further that the period specified may be extended from time to time so as not to exceed six months.'10. section 4 was amended by u. p. act xi [11] of 1919. it came in force on 12th august 1949 and runs thus:'an order made under section 3 by the provincial government shall, in ..... it was contended that section 123. a was ultra vires of the u. p. legislature in view of section 18 (3), indian independence act, 10 and 11 geo. vi ch. 30, which is:'save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as applicable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All529
..... either as a licensed minister, or as a person licensed to certify under part v. the roman catholic clergy objected to this act, as we learn from the objects and reasons of the amending act, upon certain points connected with registration, and the hours for celebrating marriages. we learn from the speech of the member who ..... nothing in the law which could prevent a hindu being the lawful spouse of a christian or a muslim.48. then came the indian divorce act (act iv [4] of 1869), which was an act to amend 'the law relating to the divorce of persons professing the christian religion, and to confer upon certain courts jurisdiction in matters matrimonial.' ..... of the contracting parties is a christian any ceremony or ceremonies, and, if so, what, are required to be performed. the indian christian marriage act was passed, as its preamble shows,'to consolidate and amend the law relating to the solemnisation in india of the marriages of persons professing the christian faith.' it is, therefore, not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All548; [1951]20ITR91(All)
..... all cases of assessment after the year 1944, when section 24, income-tax act, was amended, the assessment will have to be made in accordance with the provisions of the amended section. our decision can only apply to cases prior to 1944. moreover, after the merger of the indian states no question similar to the question that arose before us can arise. ..... the answer to the first question was that the sum of rs. 25,391, which was the loss sustained by the assessee in business carried on by him in an indian state, should be ignored in determining the assessee's income from business in the previous year relevant to the assessment year 1944-45.3. section 66a (2) requires that ..... , which govern applications for leave to appeal under section 109(c), civil p. c., should govern an application for leave to appeal under section 66a (2), income-tax act, and unless the question raised is of 'wide public importance' the case should not be certified as a fit case for appeal. we cannot certify that this is a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All141
..... transfer is gratuitous but not against a transferee-for consideration and without notice of the right, nor against such property in his hands.'the section was substantially amended by the amending act xx [20] of 1929 and the words with the intention of defeating such right after the word 'transferred' were omitted and the words 'of such ..... came directly, not collaterally or incidentally, in issue on one action is conclusive in a second action between the same parties. this is dealt with in the indian law under the heading of res judicata, section 11, civil p. c. (b) where former proceedings for the same cause of action by the same plaintiff ..... also includes rights affecting specific immoveable property.62. a similar expression is used in section 17(b) and (e), registration act and it is well settled that charges require to be registered : see imperial bank of indian. bengal national bank ltd. : air1931cal223 overruled on another point in imperial bank of india v. bengal national bank ; khoo .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All122
..... of which they might not have knowledge for several days thereafter, and which date it was not necessary for the judge to have mentioned till the rule was amended. i have already said that in this province ever since 1888, if not even earlier, it has been well known that the only period that would be deducted ..... observation of the high court that the elimination of the requirement to obtain copies of the documents was part of an effort to combat the dilatoriness of some indian practitioners, their lordships of the judicial committee observed that they would be unwilling to discourage any such effort but the high courts could be strict in applying ..... observed :'now the learned judges in the appeal court have held that in determining what is the requisite time referred to in section 12, sub-section (2), limitation act, the conduct of the appellant must be considered and their lordships think that in so determining they have rightly regarded the statutory provision. in their lordships' opinion, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All341
..... the society, who lived in village ram nagar khandauli, in the district of agra. section 42 (4a), co-operative societies act (u. p. act ii [2] of 1912), as amended by the co-operative societies (amendment) act (u. p. act iii (3] of 1919), empowered the registrar of the co-operative societies to send a requisition to the collector for recovery of ..... of agra to recover a sum of rs. 639-13 0 from phul chand under section 42 (4a) co-operative societies act, 1912 (act ii [2] of 1912) as amended by the co-operative societies (amendment) act, 1919 (u. p. act cxi [111] of 1919), as arrears of land revenue. in the letter of requisition it was mentioned that a cart, ..... 1873. their lordships of the judicial committee observed at page 532:'there is no doubt that the canal dues are realisable as revenue under section 45, northern indian canal and drainage act (act viii [8] of 1873), and therefore, the only question is whether this claim made by the plaintiff was a claim 'connected with or arising oat of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... renewal of existing permits. it further provided that no appeal by a person aggrieved by the cancellation of a permit should be entertained. the passing of this amending act shows that, at that time, the legislature had not the intention of creating a state monopoly. the scheme for which provision was made in section 68a never ..... would, in our opinion, probably be going too far to say that in the circumstances of today section 18 of the indian railways act, section 4 of the indian post office act and section 4 of the indian telegraphs act are invalid because they prohibit, or tend to prohibit, the carrying on of certain occupations, trades or businesses by citizens, ..... owned by or on behalf of the central government or a provincial government no permit is required, for a vehicle used in connection with the business of an indian state railway there is no such exemption. again, section 42 (3) (h) draws a distinction between transport vehicles used for government purposes, unconnected with any .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All44
..... defence of india act. thus the enactment was within the competence of indian legislature. the defence of india act was enacted as a special measure 'to ensure the public safety and interest and the defence ..... . in 1946 the british parliament passed india (proclamation of emergency) act amending section 102(1), government of india act. the effect of the amendment was to invest the indian legislature with the power to make laws with respect to any matter whether enumerated in any of the lists in schedule 7 or not. this amendment act was made with retrospective effect and covered the enactment of the .....
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