Court : Allahabad
Reported in : AIR1957All259
..... that the plaintiff was the owner of the goods. a plea was also raised that the suit was bad for want of a valid notice under section 77 of the indian railways act.4. the lower court found that the plaintiff was entitled to sue and that there was a contract for the carriage of the goods by passenger train. it also found ..... of a breach of the contract and misconduct and as such was liable for damages. the issue in respect of the validity of a notice under section 77 of the indian railwavs act was also decided in favour of the plaintiff. the two suits were ultimately decreed by the court below for recovery of rs. 576/9/- & rs. 6,204/5/- ..... was also similarly carried by a goods train from juhi to lucknow.the point for consideration, therefore, is whether under the terms of the contract it was open to the railway administration to carry the wagons containing oranges by a goods train. it is not disputed that coaching tariff rates were charged for both the consignments. the learned civil judge has .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3342; (2003)3UPLBEC2101
..... value of commercial buildings on the basis of the aforesaid rule. 2. heard learned counsel for the parties. 3. the petitioner is a society registered under the societies registration act and has twenty members engaged in development, construction and sale of real estate at agra including commercial property. 4. copy of u. p. stamp (valuation of property) ..... collector shall, after giving the parties a reasonable opportunity of being heard and after holding an inquiry in such manner as may be prescribed by rules made under this act, determine the market value of the property which is the subject of such instrument and the proper duty payable thereon. (3) the collector may, suo motu, or ..... . hence, the u. p. legislature in its wisdom decided that a minimum value of the property shall be fixed in accordance with the rules made under the act, and if the market value of the property as disclosed in the instrument is less than that minimum, then the registering officer shall refer the matter to the .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)3UPLBEC1934
..... which dr. rudra pratap srivastava was elected as secretary were challenged and held illegal by the prescribed authority exercising powers under section 25 of the societies registration act. this court has directed that the fresh elections to be held, obviously as a substitute for the elections which were held in the year 1993. therefore ..... petition comets to the conclusion that the result of the election has been materially affected by such non- compliance with any of the provisions of the act or the rules made thereunder the election of the returned candidates can be declared void ..............................'there is plethora of decisions and the gamut of all such ..... a machinery for the decisions of election disputes relating to panchayat union councils that every action amounting to such non- compliance with the provisions of the act and the rules made thereunder would not automatically vitiate an election. it is only when the election court on a consideration of the entire material .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All379
..... order was passed against the other tractor driver shri sarwan singh on the same date. on the 20th of february, 1962 the petitioner addressed a letter to the director, indian institute of sugarcane research seeking a clarification of the said order. thereupon, the authorities realised their mistake and passed another order on the 28th february, 1962 by way of ..... its mind as to who are the persons whose services should be terminated. the preparation of the list and a reference to it is required to enable the authorities to act reasonably and with justice and fair play. the list, therefore, is in this proviso made the foundation of action and the basis of the order of termination. any order ..... which the party exercises its right to file a writ petition. on the date on which this court is exercising the power and is issuing the writ, the amended act has come into force and the exercise of its enlarged power by the high court on such a date would be valid and justified by the provisions of law. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC409
..... this clause shall not apply to any society which shall have been founded or established by the contribution of share holders in the nature of a joint stock company.'state amendments [uttar pradesh].- in its application to the state of uttar pradesh, after section 14, insert the following new section, namely.-14-a. disposal ..... on issues ranging from technology and the use of gandhian thoughts in the modern world to study of weaker sections and women etc. in the year 1977 indian council of social sciences and research (icssr), a nodal body of the ministry of human resources development (mohrd), government of india started giving financial aid for ..... assistant registrar is exercising powers of principal court of original civil jurisdiction and is court for the purposes of section 13b of the societies registration act. under societies registration act, 1860 special court has not been constituted. the principal court of civil jurisdiction has not been created by special or local law. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All6
..... 56. having found the true facts of the case, we now proceed to examine the question whether the kaffara villages fulfil the requirements of section 3, oudh estates act. the section has already been reproduced in an earlier part of this judgment. it contains five paragraphs. the first paragraph describes the persons on whom rights and liabilities ..... all sixty villages had beendecreed at the first regular settlement, they proceeded to say that these facts proved that the property was covered by section 3 of the act. they also observed that the qabuliat executed at the summary settlement and the list of villages attached thereto is primary evidence to prove what villages constituted an ..... by a tenant for life and is based upon the duty which lies upon a limited owner to act in a matter of this kind for the benefit of the parent interest. the principle is embodied in section 90, indian trusts act which describes that where a tenant for life, co-owner, mortgagee or other qualified owner of any .....
Tag this Judgment!Court : Allahabad
Reported in : I(2003)ACC629; 2003ACJ1274; 2003(1)AWC556
..... award of the tribunal rendering the claimant helpless. a practical solution of the problem has to be found out.29. as mentioned earlier under section 149 of the act, the insurer (insurance company) is liable to pay to the person entitled to the benefit of the decree a sum not exceeding the sum assured thereunder as if he was the judgment ..... within the knowledge of any person, the burden of proving that fact is upon him. illustration (b) of this section is--'a' is charged with travelling on a railway without ticket. the burden of proving that he had a ticket is on him. there cannot be even a slightest doubt that holding of a driving licence is especially within ..... gnana sambandha pandara sannadhi, 44 ind app 98 at p 103 : air 1917 pc 6 at p 8. lord shaw observed as follows : 'a practice has grown up in indian procedure of those in possession of important documents or information lying by, trusting to the abstract doctrine of the onus of proof, and failing, accordingly, to furnish to the courts .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All79
..... singh, standing counsel, for the board of revenue, conceded that the instrument in question is a document of lease. ah the ingredients of section 2(16) of the indian stamp act are fully satisfied in this case and it is conceded by both the parties that the document in question is certainly a lease within the meaning of section 2(16 ..... )(c) of the indian stamp act.9. the answer to the second question hinges on the interpretation of the instrument in question. if once it is accepted that the instrument in question amounts to ..... has been clearly made out by the supreme court in commr. of income-tax v. panbari tea company ltd. : [1965]57itr422(sc) . while dealing with section 105 of the transfer of property act, the supreme court observed:'section 105, transfer of property act brings out the distinction between a price paid for a transfer of a right to enjoy the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All355
..... that the chief revenue authority is bound to state the case in compliance with its obligation.17. before parting, we may state that the company had also filed an application under s. 58 of the indian stamp act for referring the case back to the revenue authority on, the ground that in para 3 of the statement of the case it had wrongly ..... out the dominant purpose.5. now the first question that arises is whether the agreement is a lease. the term lease has been defined in section 2(16) of the indian stamp act as under: --'lease -- 'lease' means a lease of immovable property, and includes also -- (a) a patta; (b) a kabuliyat or other undertaking in writing, not being a counterpart ..... been stated 'that under the agreement a right had been given to the company to construct and instal a pump house in the bed of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ2103
..... not been given to him. phoolchand deceased said that it was his field, he would cultivate it and what concern, they had with it. karan exhorted his companies saying that 'baniya sala has become idiot and unsound mind', and all of them started assaulting phoolchand with their respective weapons. when the complainant and his other ..... the unlawful assembly he knew that the greather probability was that death would be caused. thus we are constrained to hold that the application of section 149 ipc is clearly attracted in the present ease for holding each of the accused persons vicariously for causing death of the deceased. 17. in this background the evidence ..... while in anda's case, the sticks used by the assailants were not specially dangerous, in the instant case (hey were unusually heavy, lethal weapons. all these acts of the accused were pre-planned and intentional which considered objectively in the light of the medical evidence were sufficient in the ordinary. course of nature to cause .....
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