Court : Allahabad
Reported in : 2006(4)AWC3829
..... of an immovable property which is not registered, could still be enforced in a suit for specific performance.12. section 49 of the registration act as it existed prior to the u.p. amendment act no. 57 of 1976, read as under:49. effect of non-registration of documents required to be registered.--no document required by section 17 ..... by u.p. act no. 57 of 1976, it is clear that ..... indian contract act, 1872 (ix of 1872).(and section 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the indian registration act, 1908 (xvi of 1908).10. thus, from a combined reading of sections 4 and 54 of the transfer of property act and, section 17 of the registration act, as applicable to the state of u.p., and, as amended .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1537
..... that inspite of due diligence, the party could not have raised the matter before the commencement of trial.order vi, rule 17 of the c.p.c. was amended by amendment act, 2002 with effect from 1.7.2002.6. the counsel for the petitioner contends that the revisional court has illegally held that the revision was not maintainable and that ..... apex court in the case of shiv shakti (supra), this writ petition has no force and is accordingly dismissed.7. the counsel for the petitioner further submits that the amendment application filed by the respondent was not accompanied by an affidavit as such it was not maintainable. in support of his contention he has relied upon paragraphs 4 and ..... object and the scope of order vi, rule 17, c.p.c. and its proviso as inserted by act no. 22 of 2002 w.e.f. 1.7.2002 is curtailment of absolute discretion of court to allow amendment of pleadings at any stage. for amendments now sought after commencement of trial it has to be shown that inspite of due diligence .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3962
..... accommodation and handed over the possession to sri bhagwan singh on 14.4.2003. the landlords in their replication paper no. 45c dated 12.10.2004 replied this amendment in not specific words. they admitted that though their sister has been married, but since she remains ill she lives along with her in-laws in the house ..... dismissed. the tenant did not file any appeal under section 22. however, in the appeal the appellate authority did not consider the applicability of explanation 1 of the act and as such the high court following the decision rendered in smt. kanta devi jain (supra) while allowing the petition directed the appellate authority to consider the appeal ..... the fact that the petitioners had acquired the house in vacant position though thereafter he sold it, the explanation referred to above will come into play and the act of the petitioners will be treated to be mala fide and after acquisition of the property he will be deemed to be in unauthorized possession thereof.43. both .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1251
..... .5. this argument has emphatically been disputed by sri k.m. mishra appearing for the contesting respondents. he submitted that in the amended act, revisional powers have considerably been enlarged. in exercise of jurisdiction under section 48 of the act, the deputy director of consolidation is well within his right to examine the record of any case decided by subordinate authority for the ..... d.d.c. has considerably been elucidated. paragraphs 10 and 11 of the said decision are quoted below:10. there can be no doubt that under the amended section 48 of the consolidation act, the revisional power of the director of consolidation is not confined to errors of jurisdiction as was the position under the unamended provision. the power of the revisional .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC548
..... of oral and documentary evidence. these findings of fact do not call for any interference in the second appeal, even if it was admitted prior to the c.p.c. (amendment) act, 1976, effective from 1.7.1977.12. the second appeal is accordingly dismissed. ..... land is held under the terms of the tenancy, according to which the tenancy could not be partitioned until the rent is apportioned. the apportionment of rent is a ministerial act to be performed after the partition or sale. there is no legal bar for partition or transfer except that the land should be held under the same terms in which ..... of the plaintiff-appellants, as their father had sold the property out of the same plot, which was subject-matter of private partition. section 49 of the u. p. tenancy act prohibits partition in a co-tenancy unless the land revenue is also partitioned through competent court. the right to property is a common law right. it is also constitutional right .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All32
..... of civil procedure. '33. in this regard, reference may be made to the relevant portion of the objects and reasons for the code of civil procedure (amendment) act, 1976 (act no. 104 of 1976), which is as follows:clause 50.- the applicability of section 141 to various types of proceedings has been the subject of controversy, particularly ..... of bombay held that in such cases section 141 applies. the supreme court, however, came to a contrary conclusion. in the circumstances, section 141 is being amended to clarify that the section applies to proceedings under order ix.the question whether an application under article 226 of the constitution is a 'proceeding in any court ..... the code of civil procedure itself provides that expression 'proceedings' includes proceedings under order ix of the code of civil procedure. the said explanation was inserted by act no. 104 of 1970 with effect from 1-2-1977.32. in my opinion the word 'includes' used in the said explanation with reference to proceedings under .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC357
..... filed in 1971 in which the defence was set up regarding adoption which takes the allegations of adoption prior to enforcement of the amendment of section 17(3) of the registration act, 1908, as amended by u.p. act no. 57 of 1976 (w.e.f. 1.1.1977) after which a valid adoption can only be evidenced by executing and registering ..... twenty years of living in the house and sitting at the business place, were wholly in sufficient to prove the adoption. the alleged admission in written statement was clarified by amendment allowed by the court.16. the substantial question of law is as such decided in favour of shri sita ram, the plaintiff-appellant. it is held that the defendant ..... in the family. in the written statement in the partition suit filed by shanker lal shri sita ram had admitted that the defendant was his adopted son but later on amended the same and stated that he was living like adopted son.13. there is no presumption in law with regard to a valid adoption. in this case suit was .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1181
..... of bhaskar sahu v. anama swara and ors. : air1987ori138 . where it was held that when a certified copy is allowed to be produced under section 65 of the evidence act, there is no presumption regarding genuineness of its execution. another decision of the apex court is shital das v. sant ram and ors. : air1954sc606 . this decision is ..... the whole or in part of the property. the transactions effected by sri shafiuddin in respect of other districts on the basis of power-of-attorney was duly acted upon by sri mughisuddin. on 9.9.1986. the power-of-attorney holder mughisuddin entered into a registered agreement with the respondent for sale of the property in ..... admitted, is not worth consideration. the two judgments on this question cannot be set aside.7. the next question is, whether the power-of-attorney could have been acted upon in the absence of production of original or in the absence of proper procedure being adopted for accepting secondary evidence. the substantial question of law nos. 2 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC4110
..... investigation for which he has been arrested or he is undergoing trial in a court of law for an offence under the indian penal code, u.p co-operative societies act or any other act or charges have been proved against him by a criminal court.the member/secretary is ' the officer authorized' by rule ..... not function arbitrarily or his inactions may be checked, before the business of society is effected. by means of amendment known as u.p. primary agricultural co-operative societies centralized (11th amendment) rules 2003 amendment has been made that onwards salary of secretaries shall be payable from the society where they are posted. by means ..... co-operative societies member and panchayats(iii) district assistant registrar, cooperative member/societies of the district secretarynow by means of amendment introduced, known as u.p. primary agricultural cooperative credit society centralized service (twelfth amendment) rules 2004 sub-rule (4) of rule 7 is as4 lcaf/k ftyk lgdkjh csad dh izcu/k lfefr .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC3146
..... is declared as social crime and saleable commodity, there is no bar under cr. p.c. to take care of the offences temporarily till its amendment by virtue of section 175 of the act. necessary applications can be made by the appropriate authority and/or by the police to the court of competent jurisdiction to obtain leave and/or permission ..... code and other laws. section 4 of the cr. p.c. speaks as follows:4. trial of offences under the indian penal code and other laws.-(1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.(2) all offences under any other ..... take cognizance of an offence referred to in sections 135 to 139 of the act without the accused being committed to it for trial.(6) the cognizance of the offence under the act shall not in any way prejudice the actions under the provisions of the indian penal code.8. on a question of the court, he said that section .....
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