Court : Allahabad
Reported in : AIR1948All1
..... a scale as may be laid down by the local authorities provided that it shall not in any case fall short of the following scale as required in the indian factories act:(1) three seats for 50 operatives.(2) four seats for number exceeding 50 but not exceeding 150.(3) five seats for number exceeding 150 but not exceeding 250 ..... that section requires. there can, therefore, be no question as to the due publication of the notice. it is common ground that no one ever objected or proposed any amendments to the said by-laws. the board, accordingly, at its meeting held on 19-5-1942, finally approved the said by-laws and submitted them to the commissioner ..... the municipal board informed the public of hathras that the board had approved the model by-laws framed by government and called upon the public to submit objections or propose amendments, if any, within fifteen days. these notices were exhibited at various places in the town and their contents were also broadcast by beat of drum. translations of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All244
..... is a 'case decided' piggott j. expressed the opinion that there were certain proceedings in the nature of a suit, for example, under the guardians and wards act, provincial insolvency act and the indian succession act etc., and those no doubt amounted to a ''case decided', the word 'case' according ( to him was a more comprehensive expression than a 'suit', but ..... been decided so as to be made the subject of a revision to this court. the oases laying down that no revision lies from orders merely allowing or disallowing amendments which are to some extent matters of discretion seem to have laid down the correct law. it must accordingly be held that no revision lies from an order ..... her from paying the same. in view of the fact that she was never given an opportunity under rule 5, sub-rule (a) of order 33, as amended by this court to remove the defects in her first application and in view of the fact that this court has not entertained revisions against orders granting an application for .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All146
..... right to coerce the minority.45. i may, by way of illustration, mention the case of partnership where, before the modification made by the indian contract act in india and the partnership act in england, a partnership could be dissolved only by the unanimous vote of the partners.45a. on the question of interpretation of the rules and ..... providing a ground for pigeon shooting, polo and other sports. the membership consisted of shooting and nonshooting members. the rules of the club had made provision for amendments and alterations of the rules. by a majority it was decided in the year 1905, that pigeon shooting should be discontinued. the plaintiffs then filed the suit ..... when the contract was made, having regard to the nature and circumstances of the contract. i do not base this conclusion upon any narrow construction, of the word 'amend' in rule 64, but upon a broad general principle applicable to all such powers.106. it appears to me, therefore, that 'the motions or propositions' which may .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All353
..... appellate court in view of the limited extent of order. 41, rule 27, civil p.c. so far as this high court is concerned, this rule has been amended and now authorises the appellate court to receive such fresh evidence which could not have been made available to the court below. thus the appellate court can look into ..... in the courts of equity in england and it has been considered that the framers of the civil procedure code of 1882 who were english lawyers were engaged in conferring upon indian courts, subject, no doubt, to modifications and restrictions, jurisdiction to grant relief by way of review of judgment similar to that which had been exercised by courts ..... of review is analogous their lordships of the judicial committee had held that:there may be exceptional circumstances which will warrant this board, even after their advice has been acted upon by her majesty in council, in allowing a case to be reheard at the instance of one of the parties.' for a discussion of the whole question .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ131
..... of syed zamir qasim : air1948all285 . this argument has, in my opinion, no force. in the first place, power of extension has now been specificially provided by an amendment of the act in april 1948 and these orders of detention are of june 1948. but i am further of opinion that even it there had been no ..... clearly connected with the maintenance of public order in kanpur, the second way in which the applicant was doing this was by spreading disaffection among the muslims against the indian union. this particular may be said to be connected with the first particular though it is more general in terms. spreading of disaffection amongst a class of persona ..... an organisation of retired government servants. thirdly the applicant was creating panic in the city of kanpur by spreading a rumour that there would be riots throughout the indian dominion after 15th june 1948 when lord mountbatten would leave india, the spreading of such a rumour was certainly a dangerous thing and was likely to lead to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All473
..... of india rules, in respect of an alleged 'contravention' of clause 14, cotton cloth and yarn (control) order, 1943. rule 81 (4), defence of india rules, as amended, reads thus:if any person 'contravenes' any order made under this rule, he shall be punishable with imprisonment for a term which may extend to three years or with fine ..... rule 48 deals with improper use of official uniforms etc. rule 48(1) reads:no person shall without lawful authority use or wear - (a) any official uniform, indian, british or foreign or.it would appear from a consideration of the provisions of these rules, that a distinction is drawn by the rule-making authority between different kinds ..... : air1926bom530 , a bench of two learned judges of the bombay high court had to consider the meaning of the expression 'lawful excuse' in section 61 (a), bombay district police act (bombay act iv [4] of 1890). fawcett j. observed at p. 531:in my opinion the word 'lawful' as used with the word 'excuse', in clause (a) of section .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ701
..... defence of india rules, in respect of an alleged 'contravention' of clause 11, cotton cloth and yarn (control) order, 1943. rule 81 (4), defence of india rules, as amended, reads thus:if any person 'contravenes' any order made under this rule, be shall be punishable with imprisonment for a term which may extend to three years or with fine ..... . ..' rule 48 deals with improper use of official uniforms etc. rule 48 (1) reads:no person shall without lawful authority use or wear (a) any official uniform, indian, british or foreign or.it would appear from a consideration of the provisions of these rules, that a distinction is drawn by the rule-making authority between different kinds of ..... 1182), a bench of two learned judges of the bombay high court had to consider the mean-ing of the expression 'lawful excuse' in section 61 (a), bombay district police act (bombay act iv [4] of 1890). pawcett j. observed at p. 531:in my opinion the word 'lawful' as used with the word 'excuse', in clause (a) of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All296
..... that har bux singh and basudeo gir were agriculturists and that the appellant is an agriculturist. it is stated in section 5 of the act that:'in computing the period of limitation prescribed by the indian limitation act, 1908 .... for (a) the institution of a suit in a civil court against an agriculturist for money or for foreclosure or sale ..... so the appellant became entitled to the right of subrogation if at all on 29-2-1932 by which date the amended section had already come into force. in any case, it has been held in numerous cases that the amendment has retrospective effect. a full bench of the allahabad high court in tota ram v. ram lal : air1932all489 , held ..... pokhar singh but was repelled. braund j. observed at page 81 :'it is argued, .... that it is absurd to suppose that the temporary postponement of execution of decrees act, 1987, would give to decree-holder the benefit of a suspension of the period of limitation in a case in which the decree holder was not qualified to take .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ852
..... for a year, shifted to meerut. he was selected for the provincial judicial service and appointed munsif in the agra province in 1923. in 1926 the indian bar council act (act xxxvill [38] of 1926) which raised the status of vakils to that of advocates came into existence. he took advantage, as he was indeed entitled ..... the door is not irrevocably shut behind them, and that after years of industry, straightforwardness of life, and conduct which shows repentance and the determination to amend, they may ultimately find their way back to the honourable profession which they once disgraced. that lenity of outlook results from the consideration that it ig ..... the docr is not irrevocably shut behind them, and that after years of industry, straightforwardness of life, and conduct which shows repentance and the determination to amend, they may ultimately find their way back to the honourable profession which they once disgraced. that lenity of outlook results from tha consideration that it is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All62
..... -general, for relief with respect to public trusts. in the code of 1882, section 539, the same words 'direct interest' remained, but the word 'direct' was deleted by the amending act vii [7] of 1888. the code of 1908 also provides that two or more persons having an interest in the trust can file a suit. after the deletion of the ..... word 'direct' it was no longer necessary that a person should have a direct interest to enable him to institute a suit, and the amendment has thus widened the class of persons entitled to institute suits under the section. by omitting the word 'direct' and at the same time giving the right of suit only ..... mohammadan law, suits with respect to which may be filed under section 92, civil p. c. for the purposes of determination of that question we must apply the anglo indian law and decide whether, this is a private trust as opposed to a public trust; in other words, whether the trust is for the benefit of an unascertained fluctuating body .....
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