Court : Allahabad
Reported in : 2004(3)AWC2195
..... awarding rs. 19,12,366.70 paise which was received by the respondent no. 3 (a). thereafter, the society filed a reference application under section 18 of the land acquisition act and during the pendency of the reference application, the society transferred all its rights in respect of the property and the litigation in favour of respondent nos ..... land was not transferred but merely a right to pursue the litigation to recover compensation was transferred. in our opinion, this is clearly prohibited by section 6(e) of the t. p. act and therefore, the conveyance deeds in favour of the respondents are wholly invalid and they cannot maintain any claim on their basis.21. the land ..... had vested with the government free from all encumbrances when possession of the same was taken as the government had invoked the provisions of section 17(1) an (4) of the act. the deed in favour of the contesting respondent were executed long after the date of vesting, and hence the vendors and vendees were fully .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2331; 2005(1)ESC625
..... as to whether the government order, dated 22.10.2002, is a direction issued by the state government as contemplated under section 12 of the 1976 act read with section 41 of the u.p. urban planning and development act, or not.14. there is yet another aspect which has also to be taken into consideration by the state government while ..... 63, with particular reference to paragraph 12 of the said decision.7. upon having examined the rival contentions, we find it necessary to quote sections 6 and 12 of the u.p. industrial area development act, 1976, herein under :'6. functions of the authority.--(1) the object of the authority shall bed to secure the planned development of the ..... shall be used, namely for industrial or commercial or residential purpose or any other specified purpose in such area.''12. applications of certain provisions of president's act xi of 1973.--the provisions of chapter vii and sections 30, 32, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53 and 58 of the uttar pradesh urban .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All80
..... transfer in favour of abdul aziz dated 4th july, 1947 was not void and could not be set aside under section 53 of the provincial insolvency act.' in this ruling the sections of the relevant act were not analysed and the decision was given solely on the basis of the observation in the said privy council case ..... that was under consideration was whether the transaction amounted to a fraudulent preference. the corresponding section of the presidency towns insolvency act defining the acts of insolvency is section 9. sub-sections (b) and (c) of that section are as follows: '9. a debtor commits an act of insolvency in each of the following cases, namely: (a) ..... (b) if ..... the intent of delaying and defeating the creditors. that decision was res judicata and was binding on everybody concerned. on an application under section 53 of the provincial insolvency act, the learned insolvency judge was bound to hold that the transaction was invalid and to annul it without deciding the question again. in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All156
..... referred issue before the revenue or the civil court as the case may be.analogy is also provided by the provisions of the u. p. consolidation, of holdings act where, under section 12(5) a reference by the consolidation officer is made to the civil court for remitting a dispute to the arbitrator for decision. it cannot be said that ..... government may then enforce for such period as it may specify an or any of the decisions in the award,'by means of the amending act no. xxiii of 1953 section 6-a was introduced in the act. that provision reads as follows:'6-a. enlargement of time for submission of awards --where any period is specified or is required to ..... is not comprehended within the word 'award' as now defined and consequently the state government could not get that award published under sub-section (3) of the new section 6, the argument is that as the act stands now after all the amendments there is no provision in it for the publication and enforcement of an award made by an adjudicator .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All404
..... and has a right to see that they keep themselves within -their jurisdiction; its revisional jurisdiction even though conferred by a statutory provision such as that in section 25 of the small cause courts act or section 115, c. p. c. is nothing but an exercise of its supervisory jurisdiction.some right may vest in a suitor on the date when the ..... illegal or improper order passed by an inferior court and not a duty; if it is not its duty, there cannot be a corresponding right elsewhere.section 25 of the small cause courts act like section 115 of the code of civil procedure does not refer to any party at all; it does not even refer to any application to be moved ..... to require a superior court to revise an order of an inferior court, even where a superior court has been invested with jurisdiction to do so.section 25 of the small cause courts act and section 115 of the code of civil procedure confer jurisdiction upon the high court to call for the record of a case decided by an inferior court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All270
..... deemed to be received in or brought into british india in the previous year by or on behalf of the assessee or are assessable under section 42, income-tax act. under section 42 certain income, profits and gains accruing outside british india of certain non-residents was made taxable if such income arose out of business associations ..... profits.14. the submission on behalf of the assessee, however, is that in computing the assessable income of the assessee under the head 'business' under section 10 of the act, the losses incurred in the indian states should be taken into account and the assessable income from business should be determined by deducting the losses incurred ..... the assistant income-tax commissioner. on appeal the appellate tribunal reversed the decision of the income-tax commissioner and held that the first proviso to section 24 (1) of the act did not apply. on an application made by the income-tax commissioner the tribunal has made this reference on two points.1. whether in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All455
..... away or destroyed by some, valid law. counsel for the respondents have not drawn my attention to any other enactment, save the u. p. zamindari abolition and land reforms act, section 6, on which they could contend that the right claimed by the petitioners had ceased to be effective. from the affidavits it is clear that this right of the petitioners ..... state because of an earlier notification, no. 4094/1-a-450-51, dated 1st july 1952, which notification had been issued under sub-section (1) of section 4 of the u. p. zamindari abolition and land reforms act (act i of 1951). on the 24th of november 1955, an order was made by the sub-divisional officer of chunar, mirzapur, in the ..... and their right, in my opinion, could not be classed as a right of an intermediary, which alone could vest in the state under section 6 of the u. p. zarhindari abolition and land reforms act. 11. for the reasons given above, i am of the opinion that this petition must be allowed and thatthe order of respondent no. 2 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All635
..... and the manner in which the dwelling houses or amenities shall be erected or provided.every such agreement is to be published in the official gazette under section 42 of the act, section 43 then makes an exception in certain cases, namely, where the land is being acquired for any railway or for a company for the purpose tor ..... an award has been given but may take possession of the land on the expiration of 15 days from the publication of the notice mentioned in section 9(1) of the act.sub-section (1) applies to the case of a company also and the argument of the learned counsel is that, where the acquisition is made for a ..... mistake was corrected by subsequent notifications dated 12th october and 24th november, 1955, which were also duly published in the gazette. the petitioners filed objections under section 5a of the land acquisition act and the land acquisition officer, after hearing the parties, submitted his report on the 15th of may, 1956, recommending the acquisition of the land.after .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2951
..... was already in the tenancy of the father of the respondent nos. 2 to 6 and reasonable rent was fixed by the district magistrate under the old act, section 5 of the act provides for the rent payable in case of old building and it permitted enhancement of the rent to an amount not exceeding the standard rent. 16. the ..... bombay which were given on rent to various tenants. they filed petition in the high court of bombay challenging the constitutional validity of section 5 (1) (b), section 11 (1) and section 12 (3) of the bombay rent act, inter alia, on the ground that the provisions pertaining to the standard rent were ultra vires to articles 14, 19 and 21 ..... in dispute in the present case was constructed inthe year 1947-48 and this premises was also brought in the purview of u. p. act no. iii of 1947 by amending act no. 44 of 1948, section 3a was also added regarding determination of annual reasonable rent by the district magistrate which reads as follows : '3a. determination of annual reasonable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All400
..... arbitration in the same manner as the deceased could have prior to his death. 10. the same inference can be drawn from the first part of sub-section (1) of section 6 of the act. what this party lays down is that an arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or ..... whether the arbitration agreement be or be not filed, and thereafter the matter is referred to an arbitrator for arbitration. consequently, the proceeding taken by the court under section 20 of the act though not an arbitration proceeding akin to the proceeding to be taken by the arbitrator during arbitration, is a step leading to arbitration proceeding and is consequently a ..... rs. 90,396.52. after the sugar mills was handed over to the partners, the profits of each partner at the end of dewali 1962 came down to rs. 1968.22 thereafter the sugar mills has been showing a loss. loss at the end of dewali 1963 was about rupees 67,000 and at the end of dewali 1964 the .....
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