Court : Allahabad
Reported in : AIR1952All35
..... while sections 4 and 7 make certain amendments to the rules prescribed in the evidence act. sections 3 and 4 apply to cases under ss 161 and 165, penal code, only. the definition ..... v. emperor, 47 all. 268, held that it was not open to the prosecution to disregard the provisions of the prevention of corruption act by proceeding with the prosecution under the indian penal code.8. the learned single judge before whom this case came was not inclined to agree with this view and referred the application ..... appropriate sections of the indian penal code, and the provisions of the prevention of corruption act should, therefore, apply.11. the act was passed in 1947 with the avowed object of making more effective provision for the prevention of bribery and corruption by a public servant. sections 3 and 6 of the act make certain amendments in the procedure, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All940
..... orders made under any law in force in banaras state or any part thereof, immediately before the appointed day, shall continue to be so in force until repealed, amended or modified by a competent authority. provided that any reference by whatever form of words to the ruler or government of banaras state in any such rule, regulation, ..... the lower court. the question is whether under the law in force in this territory, the suit could be stayed.5. when the erstwhile banaras state merged with the indian union, the banaras state (administration) order, 1949, was issued by the government. section 6 of that order provides :'all laws, rules, regulations, byelaws, notifications and ..... schedule attached to the u. p. agricultural tenants (acquisition of privileges) act, 1949, as amended by u. p. act no. vii [7] of 1950 and ordinance no. iii [3] of 1951, it would appear that in the territory of the erstwhile banaras state, the banaras state tenancy act (act no. iii [3] of 1949) is still in force, as it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All716
..... drive one irresistibly to the conclusion that where the transaction is embodied in one document the transaction does not, as a result of the proviso added by the amendment act of 1929, necessarily become a mortgage by conditional sale irrespective of the intention of the parties.155. for the reasons given above i am constrained to express my ..... case of 'balkishen das v. legge', held that this could not be done regard being had to the rule of evidence laid down in section 92 of the indian evidence act.' this case does not, therefore, go against the proposition of law that intention is the crucial fact to be determined in such cases.98. the third case ..... essence of the contract. such a doctrine was unknown to the ancient law of india; and if it could have been introduced by the decisions of the courts of theeast indian company, their lordships can find no such course of decision.'75. in 'thumbuswamy moodelly v. hossain rowthen', 1 mad 1 (pc), their lordships considered their previous decision .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All996
..... to the pleadings. the respondents could not get any relief on the footing that kailash nath was a surety unless they amended their pleadings. there could be no departure from the pleadings without an amendment. the question whether kailash nath was a surety or not was one of fact and could not be decided in the ..... be excluded from consideration. the nazir could easily say that he was not filing any evidence and therefore his security bond, though not duly stamped, should be acted upon. for similar reasons other persons enumerated above could insist that their security bonds should not be excluded from consideration.45. the legislature could not exclude all ..... be given in evidence, or be available for any purpose whatever.the indian stamp act was enacted just after the british stamp act, but it used different language and the question that has arisen before us could not arise under the british act. the british act might have allowed an unstamped instrument to be received in evidence for the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All942
..... original application is considered as being directed against the entire subject-matter of the decree of the high court including the question of maintenance allowance or the amendment application is allowed.20. on behalf of the opposite party it is urged that whether you take the proposed appeal as including the question relating to ..... court with regard to maintenance allowance also was the subject-matter of the proposed appeal to the supreme court. the applicant further made an application for amendment of the application for leave to appeal praying that a ground relating to maintenance allowance be added to the grounds in the original application. this application ..... c.), and urged that their respective points of view were supported by the decision of the privy council in that case. most of the decisions of the indian courts turned upon the interpretation of the observations of their lordships of the privy council. it is not very difficult to divine what their lordships really meant. so .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All753
..... law is 'ultra vires' of the municipal board of allahabad.24. another argument on behalf of the applicant was that these amendments have been made under section 298- f(d) and j (d) of the municipalities act and as under none of these provisions the impugned bye-law of prohibition of slaughter of bulls, bullocks, cows and calves ..... applicant could have brought a suit for injunction and therefore had an alternative remedy open to him.30. in support of the contention reliance is placed on the observations in 'indian sugar mills association v. secy. to. govt. u. p. labour department lucknow, 1950 all. l. j. 767 (f b.) 'asiatic engineering co. v. achhru ram,' 1951 ..... of a public duty and specially affects the rights of an individual, provided there is no more appropriate remedy.' in this connection the following observations of this court in 'the indian sugar mills association v. secy to govt. u. p., labour department, lucknow, 1950 all l j 767 (fb) were also quoted: 'the powers under this article .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All974
..... also by the decree-holder's counsel that ram narain pathak had been serving as a soldier 'under special conditions' within the meaning of section 11, indian soldiers (litigation) act, iv of 1925, and that, therefore, the decree-holder was entitled to have the entire period of such service excluded in computing the period of ..... for execution in each of the two cases. the judgment-debtors objected that the applications were time-barred. before the execution court, the decree-holder sought an amendment of his applications for execution by introducing the information that ram narain pathak, one of the judgment-debtors, had been away on military service, so that ..... of the period during which ram narain, judgment-debtor, had been in military service under section 11, soldiers (litigation) act iv of 1925, this on the ground that the decree-holder had not desired such amendment at the proper stage.9. the lower appellate court reversed this order and allowed the judgment-debtors' objection, at .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All848; [1952]22CompCas318(All)
..... 1949, stood transferred to this court under section 3 of the ordinance which has now been replaced by the banking companies (amendment) act no. xx of 1950.section 3 of the ordinance which is now section 11 of the act is as follows :'where any proceeding for the winding up of a banking company or any other proceeding, whether civil ..... promotion of the banking company which is being wound up or any past or present director, manager or officer thereof : provided that the offence is one punishable under the 'indian companies act, 1913 (vii of 1913), with imprisonment for a term which does not exceed two years, or with fine which does not exceed one thousand rupees.' 4. a ..... court winding up a banking concern has jurisdiction only in those cases which are punishable under the indian companies act and in which the sentence does not exceed two years or fine does not exceed rs. 1000. in other cases the court winding up the company will have .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All342
..... court the articles of 27-6-1951 and 11/18-7-1951 constitute a contempt of court.10. it has been contended, however, that the indian constitution as amended by the constitution (first amendment) act, 1951, has altered the situation and the previous law of contempt is no longer in force. clause (1) (a) of article 19 of ..... law relating to contempt of court was, therefore, saved from the operation of article 19(1)(a). clause (2) of article 19 was, however, amended by the constitution first amendment act, 1951. after the amendment the clause reads as follows :'(2) nothing in sub-clause, (a) of clause (1) shall .affect the operation of any existing law, or prevent ..... and expression and therefore the previous law continues in force even after the amendment.11. our attention has been drawn to the american view on the subject. before we discuss the american view, however, it will be pertinent to notice that while the indian constitution speci-fically limits the right of freedom of speech in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All104
..... fixed under section 192 (3), district boards act.2. section 29 (2), limitation act (act 9 of 1908, after its amendment by the indian limi-tation act 10 of 1922) reads as follows : 'where any special or local law prescribes for any suit, appeal or application a ..... counsel also admits that thisis a continuing breach. he has, however, relied on section 29 (2), limitation act (act 9 of 1908 and after its amendment by the indian limitation act 10 of 1922) and has urged that section 23, limitation act, is not applicable to a suit of this nature for which a period of six months' limitation has been ..... expressly excluded by such' special or local law; and (b) the remaining provisions of this act shall not apply.'' after its amendment, therefore, the section makes it clear that sections other than sections 4, 9 to 18 and 22, limitation act, do not apply where there is a special period oi; limitation lixed by a special or local .....
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