Court : Allahabad
Reported in : 1999(3)AWC2103
..... 30, any exemption was made for religious minority rightly so because after the trauma of partition of country on religious basis, no provision could be made which may give rise to further partition ; by 42nd amendment act, 1976 the words 'socialist and secular' were added in the preamble of the constitution in order toemphasize and strengthen the secular character of the constitution which is its spirit and spell out what we wished india to be and make efforts to achieve it ; it is the ..... principles of natural justice ; the majority community may not have faith in the fairness of the commission for reasons the aforementioned ; it will create complications wherever administrative authority in case of any trouble are summoned to give evidence on oath or produce document ; it creates duality by establishing two courts for same purpose and thereby barred in law ; section 10 provides for finance and account of the commission* ; the whole expense of the commission will be borne ..... 51a of the constitution ; during 1991 national elections all political parties tried to grab the vote banks by promising many things against the national interest to please certain sections of society and they virtually divided indian citizens on religion and caste basis ignoring its adverse effect on the unity and integrity of india ; congress-i through its election manifesto promised to give a statutory status to minority commission with obvious purpose to secure muslims .....
Tag this Judgment!Court : Allahabad
Reported in : (1909)ILR31All592
..... indian evidence act, which was brought upon the indian statute book at the same time as the code of criminal procedure of 1872, and was to come into force on the same date, was an act, as its preamble shows, for the consolidation, definition and amendment of the law of evidence ..... suction does not profess to and does not deal with evidence as to the conduct or acts of the accused, which is admissible under section 8 or any of the preceding sections of the indian evidence act and is subject to no limitation so long as it ..... opinion that it is to the indian evidence act, and not to the code of criminal procedure, that we have to look as to whether the evidence in point is or is not admissible, the more so as there are to be found in the criminal procedure code certain sections, in chapter xli entitled 'special rules of evidence. ..... to confessions is stated in sections 24 to 30 of the indian evidence act of 1872. ..... it will be seen that what we have to consider is not the admissibility of statements, if any, made by the accused person, but merely, whether evidence as to the conduct and acts of the accused, resulting from, or at any rate committed before the inducement from the police officer can be said to have been fully removed, is or is ..... which has been referred for the consideration of the full bench is, whether under the circumstances which will be presently pointed out, evidence was admissible to show that an accused as a matter of fact did go to a certain place and there produce certain .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All655
..... panchayat raj act, 1947, which lays down that the code of criminal procedure and the indian evidence act shall not apply to trials by panchayati adalats under that act and that the procedure and the rules of evidence applicable to such trials would be laid down in that act itself or in the rules framed thereunder.it cannot be denied that the effect of ..... panchayat raj act, in so far as they are repugnant to the provisions of the code of criminal procedure and the indian evidence act, prevailed within the united provinces and the validity of those provisions could not, therefore, be challenged when ..... and simple remedies for redress of grievances' of members of such village communities.it was contended by learned counsel for the petitioners that, in order to judge the purpose of the act, we should confine ourselves to the preamble only and this preamble would indicate that the legislature intended merely to establish and develop local self-government in rural areas and make better provision for village administration and development.the constitution of village ..... , no doubt, the principal enactments on these subjects which are, of more or less, general application throughout the indian territory but even the provisions in these enactments are subject to amendments within the states by the appropriate state legislatures with the assent of the president.the supreme court, in -- ' ..... the validity of the west bengal criminal law amendment (special courts) act, 1949, patanjali sastri c. j. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All716
..... the light of the above arguments and in order to bring out the point at issues more clearly, the question before us may be formulated thus:'if in a transaction after the transfer of property (amendment) act, 1929 any of the conditions specified in section 58(c) of the transfer of property act (iv of 1882) is embodied in the document which effects or purports to effect the sale, does the transaction necessarily become a mortgage by conditional sale irrespective of the intention of the parties to such ..... a member of the select committee and as law member was responsible for introducing the bill on a reference to authorities states the law on the point to be as follows: 'the effect of the proviso to clause (c) added by the amending act xx of 1929 is that if the condition for retransfer is not embodied in the document which effects or purports to effect a sale, the transaction will not be regarded as a mortgage. ..... that this could not be done regard being had to the rule of evidence laid down in section 92 of the indian evidence act. ..... also evident from the preamble of the transfer of property act (act no. ..... the fact is stated in the preamble to the bengal regulation i ..... is stated in the preamble to the beng. ..... the preamble to regulation 17 of 1806 stated:'it is further requisite for the purpose of preventing inprovident and injurious transfers of landed property at an inadequate price by the forfeiture of mortgages accompanied with a condition of sale to the mortgagee, if the amount advanced .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All523; 1955CriLJ904
..... as court of record, to punish for contempt of the high court was never doubted.the lower courts had, however, no such powerand the first piece of legislation giving them such power was act 30 of 1841 for repressing obstructions to justice in certain courts of the east india company, and by section 1 it was enacted that all persons using menacing questions or expressions otherwise obstructing justice in ..... indian penal code' or by any act amending or excluding the said act which may have been passed prior to the publication of these presents shall be liable to punishment under the said act or acts ..... i cannot imagine anything more calculated to bring the course of justice into contempt than to allow a person to file evidence which if there is no cross-examination makes in his favour, but which he knows will break down on cross-examination, and then ..... constitution (article 215) and the contempt of courts acts of 1926 and 1952 have done is simply to recognise that contempts are punishable, and punishable by high courts under their inherent and supervisory powers, and to regulate these powers.it was expressly stated in the preamble of the act of 1926 that it was enacted to define and limit ..... 1860 and it purported to codify the criminal law of india as applicable to the country, its preamble is as follows :'whereas it is expedient to provide a general penal code for british india; ..... the face of this statement in the preamble it cannot be argued that the act was enacted to create the powers or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All26
..... . section 10 of the ordinance provides:a special magistrate shall try such offences or classes of offences, or such cases or classes of cases other than offences or cases involving offences punishable under the indian penal code with death, as the provincial government, or a servant of the crown empowered by the provincial government in this behalf, may by general or special order in writing direct.40. mr. ..... by the governor-general in exercise of the power vested in him by the provision just quoted is manifest from the preamble to the ordinance which runs as follows:whereas an emergency has arisen which makes it necessary to provide for the setting up of special criminal courts,now, therefore, in exercise of the powers conferred by section 72, government of india act, as set out in schedule 9, government of india act, 1935, the governor-general is pleased to make and promulgate the following ordinance.6. ordinance no ..... for the proposition that the institution of judicial proceedings, either civil or criminal, carries with it the implication that all appeals provided for by the law of procedure governing such proceedings are preserved, and the amendment or repeal of that law of procedure, during the pendency of such proceedings, cannot destroy or take away the right of appeal ..... 2 of 1942, a special rule of evidence inconsistent with the evidence act of 1872 was enacted ..... the ordinance contains provisions about appeals, 'special rule of evidence' and makes special provision regarding bail .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All364
..... ' the definition of 'foreigner' in section 1 (1) of the foreigners act as it stands today after the foreigners law (amendment) act, 1957 is 'any person who is not a citizen of india'. ..... definition as it stood in 1953 when the petitioner entered india, the word foreigner meant a person who (1) is not a natural-born british subject as defined in sub-sections (1) and (2) of section 1 of the british nationality and status of aliens act, 1914, or (2) has not been granted a certificate of naturalisation as a british subject under any law for the time being in force in british india, or (3) is not a citizen of india. ..... in that view of the matter it was held that the petitioner could not come within the amended definition of the term 'foreigner' which came into effect from the 19th january, 1957. ..... on the other hand, it expressly refers to the 26th day of january, 1950 as the date of the commencement of the constitution.thus, for the purposes of construing the words 'at the commencement of this constitution' there is intrinsic evidence in article 394 itself to the effect that they can refer to only one date i.e. ..... since, however, he claims to have returned to india in 1953 he would not be governed by the amended definition and did not become a foreigner and continued to be an indian citizen according to the contention of the learned counsel for the petitioner. ..... ' it is argued thata reading of the preamble makes it clear that articles 5, 6, 7, 8 and 9 etc. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All257
..... in relation to five wagons of bones which were booked from shahjahanpur to cawnpore on five different dates in june and july 1943 and was tried by a special tribunal constituted under the criminal law amendment ordinance (29 of 1943), hereinafter called the ordinance, at lahore and was found guilty of an offence under section 161, penal code, and was sentenced to rigorous imprisonment for 2 1/2 years and to pay a ..... previous to the offence charged and the correspondence between the consignor and the consignee with regard to the detention of the railway receipts of three wagons and the evidence relating to 21 bags of hoofs, which were sent subsequent to the wagons on 13th, was wrongly admitted and has prejudiced the petitioner, and as the judgment is materially based upon this ..... the criminal procedure code is an act passed by the indian legislature and that legislature is fully competent to in any way alter, amend or repeal the provisions of that code either in their entirety ..... proceedings and, secondly, if it does arise, that it must be decided against the applicant not because the governor-general has powers under some section of the government of india act which the applicant denies him but because the governor-general has not in fact done or purported to do what the applicant alleges that he has done. ..... the preamble, made and promulgated with a view to provide 'for the more speedy trial and more effective punishment of certain offences punishable under the indian penal .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... of this court while deciding the case in indra bahadur singh (supra), dealt with the issue of fixing the maximum age limit by issuing government order under section 2 of the act, 1861 and also the applicability of rules, 1972 and also referred to the order dated 7th july, 1996 issued by the governor, which provided for exemption of the police services ..... 394, the hon'ble supreme court while dealing with a case under the provisions of government grants act, 1895 held that the state legislature is competent to amend the pre-constitutional central statute which is in force by virtue of the provisions of article 372(1) ..... the court held as under :'incidentally, the police act, 1861 being an act for regulation of police has the following as its preamble : 'whereas it expedient to re-organise the police and to make it a more efficient ..... indian institute of chemical biology : [2002 ..... thus, in view of the above, it is evident that executive instructions cannot be issued in contravention of the rules framed under the proviso to article 309 of the constitution and statutory rules cannot ..... therefore, it is evident that hardship to an individual cannot be ground of ..... thus, it is evident that doctrine of implied repeal cannot be resorted to unless the latter enactment expressly repeals or it is crystal clear that ..... it is evident that selection had become a long procedure and as every action of the state is challenged in the court of law, it may also take some time, the vacancies advertised on 31st .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All43
..... mortgage-deed so provided, realise his security without the intervention of the court by effecting a sale either by private treaty or by public auction, no such sale could be effected by him after the amendment and that was certainly a fundamental alteration in the law which could not be effected unless one found words used which pointed unmistakably to that conclusion or unless such intention was expressed with irresistible clearness ..... ' has definitely been used in the sense of possessing the land under some title, the words of section 18, in my opinion, provide some clue to the meaning which the legislature wanted to give to the word 'hold' in the act, for section 18 says this:'subject to the provisions of sections 10, 15, 16 and 17 all lands- (a) in possession of or held or deemed to be held by an intermediary as sir, khudkasht or and intermediary's grove (b) held as a grove by, or in the personal cultivation ..... words in the amendment to section 232(1) of the, indian companies act a limited meaning, ..... of a building from a riyaya without the permission of the zamindar stood in the position of a trespasser qua the zamindar, who could eject him at will.the preamble of the act indicates that one of the objects of the act is to transfer the right, title and interest of the zamindar in his zamindari to the state. ..... building from the state, it is however maintained that the general language of section 9 also evidences a legislative intention to recognise the claims of a rank trespasser. .....
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