Court : Allahabad
Reported in : AIR1959All583
..... ).5. the instrument before us is one which by its terms is not payable to order. exp. (1) of section 13(1) of the negotiable instruments act was introduced into the act by the negotiable instruments (amendment) act, 1919, and its effect was to bring within the class of 'negotiable instruments' certain promissory-notes not payable to order which previously were not negotiable. the ..... or indicating an intention that it will not be transferable) a negotiable instrument does not, in my opinion, make it an instrument payable to order within the meaning of the indian stamp act.this is a view which has been taken by the calcutta high court in khetra mohan v. jamini kanta : air1927cal472 , a decision which has been followed by the madras ..... mootham, c.j.1. this is a reference made to this court under section 61 of the indian stamp act by the chief inspector of stamps.2. the question is whether a certain promissory-note is chargeable to stamp duty as a bond, the promissory-note reads thus :'on demand .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All276
..... and materials with the company, provided that nothing herein contained shall affect any such contract or agreement for such sale, purchase or supply entered into before the commencement of the indian companies (amendment) act, 1936 (xxii of 1936).'section 86-1 is as follows :'86-1 vacation of office of director --(1) the office of a director shall be vacated if- (a) he ..... behalf of the respondents. the respondents' company came into existence in the year 1931 before the amendment of the indian companies act 1913, by the indian companies amendment act 1936 (act xxii of 1936).at the time when the company was incorporated, there was no specific prohibition in the indian companies act restraining the directors of a company from entering into contracts with the company. it was for the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... inherent tendency to disturb public order, it necessarily follows that the introduction of the item 'public order' in article 19(2) of the constitution by the amending act of 1951 would not make any difference in the situation. the above observations of the supreme court would, therefore, continue to apply to the present case and ..... court or any matter which offends against decency or morality or which undermines the security of, or tends to overthrow the. state.' article 19(2) was amended by the constitution (first amendment) act 1951. the new sub-clause reads as follows : 'nothing in sub-clause (a), of clause (1) shall affect the operation of any existing law, ..... we ask for nothing more, but we can be satisfied with nothing less.' (vide donogh p. 70) the bill amending section 124-a, indian penal code was then passed as act iv of 1898. amongst other changes, the new amendment added the words 'hatred or contempt' to the word 'disaffection* as constituting bad feelings. 81. it is significant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All57
..... should suffice to repel the charge of discrimination and furnish some justification for the special treatment of those offences. the ordinance, as i have already stated, purported to amend another ordinance, the object of which was to provide for public safety, maintenance of public order and preservation of peace and ranquillity in the state. it was not ..... or is about to be engaged in the commission of an offence involving force or violence, or an offence punishable under chapters xii, xvi, or xvii of the indian penal code, or in the abetment of any such offence, and when in the opinion of the commissioner witnesses are not willing to come forward to give evidence ..... on which a magistrate has to make up his mind that it is reasonable to remove a particular prostitute. there is 110 classification at all in the act. the act gives a magistrate discretionary power not to be exercised upon a consideration of the circumstances of the case but a naked and arbitrary power to remove a prostitute .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All872
..... 9, to the measurements made under section 8, or under section 18, to the award of the collector. by the land acquisition (amendment) act, 1923, a new section 5-a was inserted in part ii of the act which made provision for the lodging of objections to the acquisition of land by any person interested therein and for the disposal of such ..... of the land at any time after the publication of the notification under section 4, sub-section (1)'. by a later amending act, no xvi of 1933, another new section 28-a was inserted in part vii of the act enlarging the definition of the term 'company' for the purposes of that part. 11. the first argument advanced is that the ..... constitution by any legislature having power to make such a law. it is not suggested that the indian legislature had not the power in 1894 to pass the land acquisition act, or in 1923 to amend it; and it appears manifest therefore that the act is an existing law within the meaning of article 31(5). the argument however is that under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All82; 1959CriLJ113
..... be subject to the liabilities of a police officer belonging to that police force.' 11. section 6 of the delhi special police establishment act, 1946 (no. xxv of 1946) as amended by the delhi special police establishment (amendment) act 1952 (no. xxvi of 1952) read as follows :'6. nothing contained in section 5 shall be deemed to enable any member ..... was illegal and ultra vires and was a deviation from the usual procedure, that the facts, if at all, disclosed a breach of the provisions of the indian companies act and cognizance could not be taken by the criminal courts and that on the facts disclosed no criminal offence had been made out and that the case was ..... trial and the investigation.2. sri hari das mundhra was the chairman of the british india corporation limited, kanpur, which is a joint stock company incorporated under the indian companies act. he is being prosecuted under sections 420, 471 and 467 i. p. c., in the court of sri maharaj singh who has been appointed a special magistrate. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All179
..... the above full bench decisions.41. a bench of the madras high court in divakaran nambudiripad v. koodulur manakkal brahmadathan nambudiripad air 1945 mad 241 held that an amendment of execution application can be allowed even after the lapse of 12 years from the date of the decree.42. we think that on the principle laid down in ..... lieu of the mortgaged property.in the course of the judgment the learned judges referred to a number of cases in which it was held, even before the amendment of section 73, that where the property covered by the mortgage is compulsorily acquired the lien which attached to the property is transferred to the compensation money which ..... default of the decree-holder, was not an application to initiate a fresh execution and was not barred by article 179 of the indian limitation act. they further held that the execution proceedings commenced under the previous execution application had not been finally disposed of when the application under consideration was made.36. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All220
..... 25-6-1955:'in exercise of the powers conferred by clause (b) of sub-section (3) of section 4 of the indian electricity act, 1910 (act ix of 1910), the governor is pleased to sanction the following amendments in the fourth annexure to the mirzapur electric licence, 1929, published under notification no. 1601-e1/26/1920 dated 24-8-1920 ..... as follows:'where in its opinion the public interest so permits, the state government may, on the application or with the consent of the licencee...... make such alterations or amendments including the provisions specified in section 3, sub-section (2), clause (f) as it thinks fit.'the crucial words in this provision of the law are; ' ..... state government. it nowhere contains an express or implied indication of the fact that it was the governor's opinion that the public interest permitted that the impugned amendment in the licencee's licence be made, nor does it refer to the material on which the government based its opinion.the petitioner contends that for the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All141; 1959CriLJ261
..... .he merely enquires into the actual physical possession and not the nature thereof. the enquiry itself is summary. this fact has been further underlined by the recent amendments. the result of the enquiry may itself be not improperly equated to a temporary injunction granted by a civil court. the enquiry under section 145, code of ..... of the legislature having been invited to the supposed defect no change has been made though the code of criminal procedure and section 145 itself have been recently amended.10. a similar view was taken in bhadramma v. kotam raj (i) supra. the principle invoked was slightly different. the learned judges endorsed the view ..... later in this very decision, he observed: 'in applying the principles of limitations the indian courts are not permitted to travel beyond the articles and the exceptions and provisos embodied in the act itself, and that apart from the provisions of the act itself there is no principle which can legitimately be invoked to add to or supplement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All598
..... was bound by rule 46 of the old constitution, it will be convenient to discuss how constitutions are amended under other systems. under the indian companies act a memorandum of association has to be prepared. section 16 of the indian companies act provides for alteration of memorandum. section 16 states:'(1) a company shall not alter the conditions! ..... the meeting of the general body of the members held on a particular date was invalid and a declaration that the proposed amended articles were not duly passed as required by section 20, companies act, and were, therefore, ineffective. the question arose whether the suit as framed was maintainable. it was held by a division ..... . neither party led any evidence on the point. it was urged for the plaintiffs that, under section 106 of indian evidence act, the burden of proof lay on the defendants. section 106 of the indian evidence act states:'when any fact is especially within the knowledge of any person, the burden of proving that fact is upon .....
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