Court : Allahabad
Reported in : AIR1951All155
..... (a. i. r. (31) 1944 oudh 242), when a division bench of the chief court held, relying upon section 20a (1) (iv) also added to the encumbered estates act by the amending act of 1939, that the legislature had made it clear that its intention from the very outset had been to treat all interest which had accumulated on or before 31 ..... before us. here the ease is very different. there is no principle of english law which is sought to be invoked in interpreting the positive enactment of an indian legislature. nor is here any endeavour to ascertain the proper meaning of an existing statute by reference to the previous state of the law.36. next reference has ..... : (7 pat. 221). at p. 4 their lordships have observed :'it has often been pointed out by this board that where there is a positive enactment of the indian legislature the proper course is to examine the language of that statute and to ascertain its proper meaning, uninfluenced by any consideration derived from the previous state of the law .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All205
..... and domestic servants;...(i) the salary to the extent of the first hundred rupees and one-half of the remainder:(j) the pay and allowances of persons to whom the indian army act... applies...;' the method of attaching salary or allowances of public officers is stated in order 21, rule 48 which reads as follows: 'the ct. . .. may order that ..... learned civil judge that as the valuation of the suit was reduced, by the amendment from rs. 1,20,000 to rs. 16,810-8-0 (which was the amount of the arrears of pay), the execess of court-fee paid by him should ..... declaration that the order is inoperative & that he still continues to be a member of the service. the applt. thereupon applied for amendment of the plaint by deletion of the alternative relief of declaration & damages for wrongful dismissal. the amendment was allowed & the suit remained one for a declaration & a decree for arrears of pay. the applt. applied to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All245
..... any objection to the execution of the decree on the ground that it had already become time-barred when it was amended specially in a case when the decree had been scaled down under the debt redemption act at the instance of the j. d. this was supported by reference to a large number of decisions, viz., manohur ..... the period of three years is to be computed from the date of the amended decree & not from any earlier date. this para, did not exist in the limitation act of 1877 & was introduced only in 1908 in the present limitation act. under article 179, limitation act of 1877 the question, whether the limitation would run from the date of ..... the amended decree was controversial & it would be reasonable to infer that this controversy was intended .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All794
..... 1918). it was urged on behalf of the appellant that the lower court should have further reduced the amount due under the decree by reason of the amendment to the usurious loans act under the amending act xxiii [23] of 1984. the lower court was of the opinion that it would not be justifies, in reducing the interest further. reliance is placed ..... begam, 1941 a. l. j. 366, baijnath v. tulshi ram a. i. r. (26) 1989 oudh 184 and rukunuddin v. lachmi narain, 1945 a.l.j. 444. the amending act has only provided certain rates of interest, and the courts are to presume that if the rate is above the rate mentioned therein, the interest is excessive. the necessary papers ..... claim to stand in his shoes has failed. in the circumstances their lordships think that justice will be met by leaving each party to pay their own costs in the indian courts, and awarding the costs of this appeal to the successful appellant, these costs to be paid by the respondent mt. vijai kumari.' 66. there is no doubt .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... he was called upon to give his explanation, & was given the power to permit the person to be personally present at any stage of the proceedings. the amended act has done away with that provision contained in section 9. the judge is not bound by rules of evidence contained in the evidence ..... the law has marked between those two offences' (p. 542 per douglas j.)25. the above decisions of the supreme court of united states interpreting the fourteenth amendment have been followed by indian courts in interpreting article 14 of the constitution.26. in fram nusserwanji balsam v. state of bombay, 52 bom. l. r. 799, certain provisions of the ..... but for the express provisions in sections 8 (1) & 10, it appears, he would have been bound to observe the procedure of the code of criminal procedure & the indian evidence act. if he disagrees with the unanimous verdict of the jurors; he has to submit the proceedings with the reasons for the disagreement to the chief justice. the person proceeded against .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All196
..... decree had been drawn up on an award made in certain arbitration proceedings. that decree was later sought to be executed. an objection was then taken that as the indian arbitration act contains no provision for making a decree on an award the decree sought to be executed was a nullity. that objection was disallowed by the subordinate judge and by the ..... allowing a decree for a greater amount of money or land than originally claimed. by consent of the parties and the leave of the court an fiction may be amended to cover an increased claim.'it is therefore clear that the learned judges were dealing with and had in mind that class of case in which the plaint could have ..... been amended to include the matter the entire subject of the compromise. that however is not the case here, for any amendment of the plaint which had the effect of increasing the value of the subject-matter of the suit beyond rs .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All703
..... in force until repealed.6. the dominion legislature, that took the place of central legislature, passed the repealing amending act 1947 (act no. ii of 1948), repealing the defence of india act & the ordinance no. xii of 1946 among other acts & ordinances. it contains the saving clause in section 3 to the effect that the repeal 'of any enactment ..... in emperor v. benoari lal the lord chancellor observed:'on 3-9-1939 the governor-general had pro- claimed that a grave emergency exists & thereupon the indian legislature acquired power to make laws with respect to a province in respect of any of the matters enumerated in the provincial legislative list, with the result that ..... modify this normal effect; it can do this generally for all acts or specially for an individual act. the indian legislature has modified the normal effect in respect of all (central) acts, but only with regard to their repeal; see section 6, general clauses act. an expiring act is left to the mercy of the general rule unless a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All674
..... that taluqdari property could not be made the subject of legislation by the indian legislature. the history of the taluqdari law itself makes this clear. the oudh estates act, 1869, was passed by the governor-general in council and that act was amended and modified by a number of subsequent acts of the indian legislature. chaudhri niamatullah has argued that the rights of the taluqdars under ..... their sanads nevertheless remained unimpaired, and that it is upon their sanads and not on the provisions of the oudh estates act that their title is founded. the question is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All746
..... these objections before the custodian & had requested him to consider the case & if necessary, to institute a legal enquiry under section 7 of act xxvii of 1949 or amendment thereafter. it also contained an intimation to the effect that he was enclosing a copy of the representation made in this respect for his & ..... & thereafter deal with those distinguishing facts on which application no. 288 of 1950 is founded.2. the company was incorporated as a private company under the indian companies act in 1941 & has its registered office at 25/26 waterloo street, calcutta, in the state of west bengal. it is stated in the petition that the ..... mohammad amin & (7) amin agencies ltd. & pointed out that messrs. abdul jalil, abdul razzak, ghulam mohi uddin, saliha begum & salma begum were permanent residents of the indian union & were permanently residing at calcutta, that mohammad amin was in karachi & was looking after his business there & that messrs. amin agencies was a limited company incorporated in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All6
..... in default of such descendants the succession devolved on such persons as would have been entitled to succeed to the estate under the ordinary law. this was unlike the amended act whereunder the estate descended in the absence of sons or their lineal descendants or brothers, widows or sons adopted by the widows of taluqdars, to the mother of the ..... well as the non-taluqdari properties. of such of the properties as formed an estate within the meaning of the oudh estates act, he claimed title under the old section 22 as it stood prior to the amending act of 1910 and of the properties other than those which could be called an estate, he claimed ownership as the nearest ..... estate by a tenant for life and is based upon the duty which lies upon a limited owner to act in a matter of this kind for the benefit of the parent interest. the principle is embodied in section 90, indian trusts act which describes that where a tenant for life, co-owner, mortgagee or other qualified owner of any property, .....
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