Court : Allahabad
Reported in : (1919)ILR61All259
..... effect that the right to receive this charge is an existing right, that it was in existence when the indian limitation act of 1871 came into force and has been in existence ever since under the limitation law as amended in subsequent statutes.4. the next question raised, and one of greater difficulty, is whether the plaintiff is ..... a claim for a personal decree against the defendants for a period of three years only. under the explanation to article 132 of the first schedule of the indian limitation act already referred to, a claim to a malikana allowance must be deemed, for the purposes of limitation, to be a claim for money charged upon immovable property ..... extinguished long before the institution of this suit by operation of the statute of limitation. the contention on this point is based on the fact that in the indian limitation act of 1859 there was no provision analogous to that introduced into subsequent statutes of limitation, from the year 1871 onwards, which is now to be found in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All331(2); 49Ind.Cas.737
..... effect that the right to receive this charge is an existing right, that it was in existence when the indian limitation act of 1871 came into force and has been in existence ever since under the limitation law as amended in subsequent statutes.3. the next question raised, and one of greater difficulty, is whether the plaintiff is ..... a claim for a personal decree against the defendants for a period of three years only. under the explanation to article 132 of the first schedule of the indian limitation act already referred to, a claim to a malikana allowance must be deemed, for the purposes of limitation, to be a claim for money charged upon immoveable property ..... extinguished long before the institution of this suit by operation of the statute of limitation. the contention on this point is based on the fact that in the indian limitation act of 1859 there was no provision analogous to that introduced into subsequent statutes of limitation, from the year 1871 onwards, which is now to be found in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1921All327; 63Ind.Cas.425
..... or at any rate no bar to relief if relief can be secured by a suit, that in such circumstances a clumsy and unscientific plaint pleads section 18 of the indian contract act, and asks for the cancellation of the sale. on such allegations the plaintiff is, to my mind, clearly entitled either to recover damages for fraudulent concealment, or to an ..... form, it should be necessary (according to ray view it is not necessary) that before this court can confirm the order now under appeal, the plaint ought to be amended so as to include an express allegation of fraud against the decree-holder, or the judgment-debtor, or any of the defendants who are appealing, i should hold that if ..... the exercise of its discretion, especially as it appears to me to be in the interests of justice. as the beneficent powers contained in the code empowering any court to amend or make orders so as to enable the merits to be decided are not so well understood, or at any rate applied, as they are in england, whence these .....
Tag this Judgment!Court : Allahabad
Reported in : (1922)ILR44All401
..... is to be found, except in regard to cases brought before the high court in the exercise of its ordinary original criminal jurisdiction, in the code of criminal procedure (act v of 1898). this is clear from section 29 of the letters patent of this court. we have, therefore, to examine the criminal procedure code in order to discover whether ..... 409 could lie on the facts, and dismissed the case acquitting the accused persons. he commented severely upon the two applicants, holding that they had been disingenuous and acted with malice while giving their evidence. we are informed that the district magistrate did not agree with the magistrate who tried the case upon these points and that he ..... view which we take to the effect that the word 'amendment' means amendment of an effective order, we refer to a decision of a bench of this court, emperor v. ram piyari (1909) i.l.r. 32 all. 153, where a woman was convicted under section 325 of the indian penal code and sentenced to a month's imprisonment. the .....
Tag this Judgment!Court : Allahabad
Reported in : 66Ind.Cas.1005
..... to be found, except in regard to cases brought before the high court in the exercise of its ordinary original criminal jurisdiction, in the code of criminal pro***sadure (act v of 1838) this is clear from section 29 of the letters patent of this court. we have, therefore, to examine the criminal procedure code in order to discover whether ..... section 409 could lie on the facts, and dismissed the case acquitting the accused persons. he commented severely upon the two applicants holding that they bad been disingenuous and acted with malice while giving their evidence. we are informed that the district magistrate did not agree with the magistrate who tried the case upon these points and that he ..... the effect that the word amendment' means amendment or an effective order, we refer to a decision of a bench of this court, ram piyari v. emperor (6) 5 ind. cas. 696 : 32 a. 158 : 7 a. l. j. 103 : 11 cr. l. j. 203, where a woman was convicted under section 325 of the indian penal code and sentenced to .....
Tag this Judgment!Court : Allahabad
Reported in : (1924)ILR46All1
..... examination. the assistant commissioner, whose duty it was to make the assessment, by reason of a general order lawfully issued under section 5(4) of the indian income-tax act, completed his work on the 26th of january, 1923. one would have assumed that the same general order would have transferred to the assistant commissioner from ..... registration, first presented on the 2nd of january, 1923, and again on the 5th of january, 1923, after the instrument of partnership had been returned for certain amendments. it was on this application that the income-tax officer's certificate of registration was obtained on the 30th of january, 1923. the assistant commissioner was in ..... had condoned the irregularity by accepting ah application presented to him, in the first instance, on the 2nd of january, 1923, and once more presented after amendment on the 5th of january, 1923; that the said officer did actually register their firm by an order which purports to effect registration from the 30th of january .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All137; 75Ind.Cas.329
..... . the assistant commissioner, whose duty it was to make the assessment, by reason of a general order lawfully issued under section 5(4) of the indian income-tax act, completed his work on january 26th 1923. one would have assumed that the same general order would have transferred to the assistant commissioner from the income ..... an application for registration, first presented on january 2nd 1923 and again on january 5th. 1922 after the instrument of partnership had been returned for certain amendments. it was on this application that the income-tax officer's certificate of registration was obtained on january 30th 1923, the assistant commissioner was in complete ..... that officer had condoned the irregularity by accepting an application presented to him, in the first instance, on january 2nd 1923, and once more presented after amendment on january 5th 1923; that the said officer did actually register their firm by an order which purports to effect registration from january 30th to march 31st .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All79; (1924)ILR46All637
..... that this register was an official book, register or record made by a public servant in the discharge of his official duty within the meaning of section 35 of the indian evidence act. an entry made therein would, therefore, be itself a relevant fact.16. mr. dar, who argued the case on behalf of another set of respondents, has strongly contended ..... could be cured even at a later stage. merely on the ground of such a defect, the plaint cannot be treated as altogether invalid. the subsequent verification was not an amendment of it.11. this has been the view consistently followed in this court, and we may refer to the cases of rajit ram v. katesar nath (1896) 18 all. ..... had left any will. on the other hand, the plaintiffs' vakil admitted that shib deo misra, plaintiff no. 1, had other brothers alive and also stated that he would not amend his plaint. as matters stood on the pleadings, it was clear that in any event shib deo misra, not being the sole surviving reversioner at the time of the death .....
Tag this Judgment!Court : Allahabad
Reported in : 82Ind.Cas.257
..... discarded mistress and the application should have been made by the woman as guardian of the child and for the child. this would only have called for a formal amendment which could have been rightly permitted had the point been noticed in the courts below, and i have in fact here treated the application as if it had been ..... other grounds 'that costs of schooling fees and clothing will be increasing', as the child grew older. mr. shaw, j.c., who had made research among english and indian authorities also came to the definite conclusion that maintenance 'is not intended to go further than to insure to the wife or children food, clothing and lodging'. i need not ..... child.5. both courts in dismissing her claim ordered the payment of rs. 300 costs to gardiner. the woman has applied in revision to this court.6. the learned acting chief justice issued notice to gardiner to show cause: (1) why the case should not be remitted to the magistrate to hear according to law,(2) under what circumstances .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All380; 87Ind.Cas.51
..... provides that no law of a local legislature shall be invalid solely because it affects the prerogative of the crown and that by section 2 of the latter act this amendment was made retrospective, that position could no longer be maintained and he has frankly abandoned it. he has, however, argued that the powers of the high ..... the same year the enforcement of certain classes of decrees was taken away from the civil courts and vested in the collector. the oudh civil courts act has beer twice amended by the local legislature if the local legislature has no power to create courts it can equally have no power to modify the constitution or powers ..... words occur cf. ashbury v. ellis (1893) a.c. 339 the local legislature has in a number of instances both under the indian councils act of 1861 and under the government of india act created tribunals for particular purposes or excluded the jurisdiction of the civil courts in particular cases. the enactments containing these provisions have repeatedly come .....
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