Court : Allahabad
Reported in : AIR1951All205
..... domestic servants;...(i) the salary to the extent of the first hundred rupees and one-half of the remainder:(j) the pay and allowances of persons to whom the indian army act... applies...;' the method of attaching salary or allowances of public officers is stated in order 21, rule 48 which reads as follows: 'the ct. . .. may ..... which is described by jurists as imperfect obligations ; obligations which want the 'vinculm juris', although binding in moral equity & conscience; to be a grant which the east india company, as governors, are bound in foro conscientiae to make good, but of which the performance is to be sought for by petn., memorial, or remonstrance, not by action ..... crown the aggrieved civil servant has no legal remedy... the enforcement of such rules is not a matter for the cts. in many cases, as between individuals or companies or corporations, the entering a service upon rules stated by the dominant person or body would constitute a contract.'16. but in grant's case, (1876-77-2 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All619
..... of the bareilly firm till they were actually disposed of by the calcutta firm to some customers. consequently i am of opinion that the delivery through the railway by booking the goods by the bareilly firm in their own name cannot amount to a receipt or retention so as to give jurisdiction under section181 sub- ..... have committed criminal breach of trust in respect of the goods as well as the funds of the company and that they had cheated our company by their dishonest and fraudulent misrepresentation as noted below : (a) these persons acting in concert actually submitted false returns by showing bogus sales in favour of fictitious purchasers who did not ..... heart office at 23/24 radhey bazar, calcutta, of which petitioner no. 1 is the managing director and petitioners nos. 2 to 4 are the directors. the indian turpentine and rosin com., clutterbuck ganj bareilly (hereinafter called the bareilly firm), through whom the state is represented in this case as an opposite party, are manufacturers .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All459
..... of a constructive trustee.20. in : air1955all676 (supra), agarwala and mulla, jj. in a case similar to ours, applying the principle of section 86 of the indian trusts act, decreed the suit but the learned judges did not consider the question of notice and proceeded chiefly on equitable considerations. that case, therefore, cannot provide a precedent for ..... side of the calcutta high court for a declaration that it had acquired the rights of a pledgee in respect of the two blocks of shares in two companies. the claim was for recovery of possession of shares and also for damages alleged to have been suffered by the plaintiff bank by reason of wrongful denial of ..... of pannalal balmukund nt jhansi. he offered to supply foodgrains to the plaintiff firm at jalna in hyderabad. sometime in june 1950 he sent by post two forged railway receipts to the plaintiff and simultaneously also sent a hundi for rs. 20,000/- through the central bank of india ltd., jhansi branch, for collection from the plaintiff .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All215; 2005(1)ARC431; 2005(2)AWC1457
..... 'tenements' to include everything of the nature of reality.31. according to the law lexicon by p. ram natha aiyer-reprint edition 1987 (pp 516) published by wadhawa & company, 'hereditaments' is the largest word of all in that kind; for whatsoever may be inherited is an hereditament be it corporeal or incorporeal, or, real or personal or mixed. ..... are made and third party interest are created by the defendant-respondent.46. respondent's counsel also referred to section 54 & 41(e) & (h), specific relief act. it will suffice to mention that relief of injunction is a relief of equity and its primary object in to protect the 'lis' so that relief claimed by the ..... hindrance from the lessor i.e. sri s.k. jatia as long as the development is in consonance with the building plans sanctioned in accordance with the cantonment act 1924. the answering respondent can construct as per the rights available to him under the deeds, the deed specifically provides that if an existing construction is to .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4530
..... be summoned and tried according to law.24. the charge sheet is being submitted against accused persons named above for the offence committed by them under the provisions of ipc and arms act as the requisite sanction for their prosecution and of others as required under section 20-a(2) of tada (p) 1987, as amended has been declined by ..... for the more convenient transaction of the business of the government of haryana and for the allocation of business among the ministers.22. in : [1988]2scr910 (national insurance company ltd. new delhi v. jugal kishore), it has been held that it is the duty of the party which is in possession of a document which would be helpful ..... . s. bhatti, o.p. koyal who was sitting in a car ahead of late m.s. bhatti's car and dharmvir singh with his cycle was crossing the railway crossing also sustained fire arm injuries. the people of dadri area were terrorised and panic was spread amongst the area people. they fled for shelter leaving their belongings, shops .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All546
..... careful and unimpeachable his inquiry is likely to be.' that was a case in which the investigation intoa railway accident had not been conducted by an officer of the rank required by the rules made under the railways act, but the decision --that this was an irregularity of the kind contemplated by section 537, criminal p. ..... as a cognisable offence, and that the investigation was conducted by an officer below the rank of deputy superintendent of police.3. section 4, prevention of corruption act, provides, inter alia, that where in any trial for an offence punishable under section 161, penal code, it is proved that an accused person has ..... c.,--is also not of assistance in the present case as the rules contained no provision corresponding to sub-section (2) of section 156 of the code.12. in our opinion failure to comply with the proviso to section 3, prevention of corruption act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All774
..... parties did not originate in contract, is superfluous, and the duty to pay may be based upon equitable considerations. sections 68, 69, 70 and 72 of the indian contract act are illustrations not really of the doctrine of implied promise, but of duties based upon equitable considerations; the basic principle being that equity does not favour unjust enrichment ..... shortly reported and the nature of the injury does not appear.' in 1890 the statute abrogated the rule-in the case of joint fraud, committed by directors of a company, and allowed contribution as between them. in palmer v. wick, (1894) a. c. 318 the rule was considered as not being based upon any principle of equity ..... person who was a joint wrong-doer with him.' there were also at least two statutory exceptions to the rule : (1) section 84 of the companies (consolidation) act, 1908, provided that there shall be a right of contribution between directors or pro-motors who are jointly and severally liable under the provisions of that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All443; 1955CriLJ1125
..... some more evidence is present to show that the accused persons were seen with the deceased immediately before his death or that the deceased was last seen alive, in the company of the accused persons',was nothing but obiter dictum. because such evidence is found in many cases, or is of some value, it cannot be laid down as ..... had motive to commit the murder of the child.11. in my opinion in the absence of any evidence to the effect that the appellant was seen in the company of the deceased prior to the occurrence or other circumstances to connect him with the crime no reasonable presumption can be drawn against the appellant from the mere fact ..... will not be taken into consideration. the law does not demand the impossible to be proved by the prosecution. the indian evidence act applies to civil and criminal trials. the words 'proved' or 'disproved' are defined in section 3 of the said act. 'a fact is said to be proved when, after considering the matters before it, the court either believes .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ1580
..... appeal before this court.2. the prosecution story, briefly stated, is as follows :the complainant baleswar tiwari was working as chief train examiner of n.e.r. railways, anwarganj kanpur while accused appellants nagar prasad and bhagirathi were working as khalasi under sri baleshwar tiwari. doodh nath, brother of the accused appellant nagar prasad was also ..... matter, he submitted the chargesheet against the accused appellants.5. the accused appellants pleaded not guilty to the charges framed against them under section 323/302/34, ipc and claimed trial. accused appellant nagar prasad pleaded that he had fixed up posters against the misconduct of baleshwar tiwari and had given a call for fasting at ..... for a period of two months under the first count and for a period of ten years r.i. under the second count, namely, under section 304(1), ipc by sri m. g. godbole, the then district and sessions judge, kanpur vide judgment and order dated 28-7-1983. feeling aggrieved by the said order of .....
Tag this Judgment!Court : Allahabad
Reported in : 1997(1)ALT(Cri)18; 1997CriLJ3201
..... has been stated that the history sheet was not opened only on the basis of two cases mentioned in the writ petition but also because the petitioner has the company of influential persons and hardened criminals on account of which no independent witness due to fear is willing and ready to lodge reports against the petitioner or to give ..... against the petitioner classified as class-a history-sheet. in terms of regulation 228( 1) class-a history-sheet can be opened for dacoits, burglars, cattle thieves, railway-goods wagon thieves and abettors thereof. the report annexure-1 of the writ petition reveals that the allegation against the petitioner is that criminals are frequently visiting the house of ..... one shiv shanker singh was stolen and the petitioner's complicity in that case crime no. 159 of 1994 under ss. 379, 411, 468, 467, 419, 420, 474. ipc. was disclosed. besides this it is said that the petitioner is also involved in case crime no. 61 of 1993 under s. 307, i.p.c. the next allegation .....
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