Court : Allahabad
Reported in : [1970]78ITR719(All)
..... . in fact, the transferor while making the transfer reserved to himself substantial pecuniary consideration quite apart from the consideration of love and affection.11. section 27 of the act is a special enactment designed to meet such cases in which a transfer is made by a person to his relative in consideration of an annuity ..... the executor till his lifetime. '9. the transaction evidenced by the deed of 1936 does not conform to the definition of gift in section 122 of the transfer of property act. in that section 'gift' has been defined as follows :''gift' is the transfer of certain existing movable or immovable property made voluntarily and without consideration, ..... the contention that the transaction evidenced by the deed of transfer dated september 11, 1936, did not amount to a gift and therefore the provisions of section 10 of the act were not attracted. on the other hand, learned standing counsel. dr. misra, objected that the applicant should not be permitted to raise this question as .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All92
..... which the petitioner affirms on his knowledge or of the part attributed to the information. order vi, rule 15(2), civil p.c. (which as per section 83(l)(c) of the act) applies for purposes of verification of the petition, requires that the person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he verifies ..... , for the discussion made in the above, the averments thus made cannot be said to constitute an adequate statement of the material facts for purposes of section 83(l)(a) of the act. inspection or recount of the ballot papers cannot be directed by the court on the mere expectation asserted in paragraph 41 of the petition that this will ..... petition furnish the required cause of action to be proceeded with as contemplated under order vii rule ii/ order vi rule 16, civil p.c. read with section 83(1)(a) of the act and hence the petition is, in my view, liable to be dismissed.28. the petition is dismissed accordingly with costs to the respondent 1, which i .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All737
..... , it was wholly unnecessary to say 'but does not include a registrar or sub-registrar, etc.' even if therefore the commissioners, in view of section 3 of the indian evidence act and section 6 of act xxxix of 1920 and their powers to hold an enquiry, take evidence and record a finding, are taken to be a 'court', it does not ..... ganguli v. khetra mohan ghose (1918) 45 cal. 585 where the question turned on the character of the tribunal constituted by the calcutta improvement act, 1911. but section 71(a) of the calcutta improvement act provided that the tribunal should be deemed to be the court and the president the judge the bench pointed out that the word 'court' had ..... of his majesty in council, and it is therefore his majesty, and not the council alone, by whose authority the judgment must be pronounced, section 5 of the indian elections offences and inquiries act invests the commissioners with certain of the powers of a court under the code of civil procedure, but does not declare them to be a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All561
..... there is no option but to sell the whole property and distribute the proceeds. this provision is just like the provision in section 2 of the partition act and if the partition act is not unconstitutional, this act also is not unconstitutional. the whole object behind the creation of evacuee property is to compensate displaced 'persons' for the property ..... powers conferred by the ordinance; the rules would, therefore, be deemed to have been made in exercise of the powers conferred upon the central government by section 56 of the act. the notice, therefore, could not be challenged on the ground that it was issued on a form prescribed by the rules made under the repealed ordinance ..... , as evacuee property under the ordinance no. xxvii. in the grounds for treating her as an evacuee arc stated all the three grounds contained in section 2 of the act. no description of the property said to belong to her and contemplated to be declared evacuee property has been given in the notice. the ordinance no .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All259
..... of the others, they can do so under section 23 of the act. it is not necessary therefore that all the co-contractors should be arranged on the same side for obtaining specific performance of contract. it is enough ..... to distinguish the said authorities by placing reliance upon jagdeo singh v. bisambhar reported in air 1937 nag 186 which posited : --'the word 'any' in section 23, specific relief act indicates one out of a number of persons more than two. where one or more co-contractors want to enforce specific performance of the contract against the will ..... is maintainable.........'14. in the instant case also, the reliefs for injunction and possession, as sought in the suit, are outside the purview of an action under section 77 of registration act, 1908. so this contention is ruled out.15. it appears that in the instant case, plaintiffs examined shyam lal (pw 1), scribe of the sale .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All507
..... the learned single judge failed to consider the amendment of the definition of the words 'government premises' in the government premises (eviction act) which amendment was made by section 25 (2) (b) of act 30 of 1952 and an open piece of land was also included in the definition of 'government premises'.10. it appears that the ..... possession over the land.5. on 29-9-1952, sri p.n. kripal, brigade commander, head quarters, meerut, issued a notice under section 3 of the government premises (eviction) act calling upon ganga prasad dubey respondent to vacate the land on the ground that he was in unauthorised occupation thereof. thereupon ganga prasad dubey filed ..... area, dated 29-9-1952, requiring the respondent ganga prasad dubey to vacate a certain piece of land after demolition of the construction thereon, under section 3 of the government premises (eviction) act, 1950.2. the facts, briefly stated, are as follows. in the year 1923 one kesho prasad who was in authorised possession of 798 sq .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)2UPLBEC1426
..... less reasonable opportunity to support their defence nor were they given any opportunity of hearing. besides this the ages of the children have not been got determined under section 10 of the act by the prescribed medical authority. the arguments is that the firstly, so named children were not employed by them and second, there was no basis or ..... 24.6.1999 in pursuance of an inspection made by the survey team on 2.2.1999, stating therein that the petitioners have violated the provisions of section 3 of the act and therefore, they should show cause within a period of 7 days as to why action should not be taken against them in this regard. the petitioner ..... which the appropriate government is vested with the powers of making rules by issuing a notification and the official gazette.10. part iv of the act is under the head of 'miscellaneous'. section 14 in this part deals with the penalties which could be imposed over any employer who employs or permits any child to work in contravention of .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1199
..... by the notification which had achieved finality.'28. the notification issued under section 4 and section 20 of the forest act have not been challenged by the company even though it had the knowledge of the said notification as it has mentioned the ..... land before the forest settlement officer. they did not file any objection or claim before the authorities in the proceedings under the act. after the notification under section 20 of the act, the respondents could not have raised any objection qua the said notification before the consolidation authorities. the consolidation authorities were bound ..... included the land claimed by the company. subsequently after considering the objections, the state government issued a notification dated 27.7.1970 under section 20 of the forest act declaring the land mentioned in the schedule to the said notification as reserved forest area. the land of the company had been included .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1328; (2003)1UPLBEC548
..... wanted that there should be scaling of the marks awarded to the candidates. it would have made a specific provision to that effect in the act itself. section 11 of the act which confers rule making power upon the commission finds place in chapter vi, which is headed as miscellaneous and it is confined to regulation of ..... actual marks awarded by the examiner. the proviso cannot completely change the meaning or import of the main provision.21. chapter iv of the act specifically deals with competitive examination. section 8 refers to controller of examination who is responsible for making all arrangements for the conduct of the examination and also for maintaining and ensuring ..... a uniform and proper standard is maintained. it is admitted by learned counsel for the commission that the commission is strictly following the mandate of sections 9 and 10 of the act. as already mentioned in the earlier part of the judgment, in the process of scaling of a candidate's marks in accordance with the .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)3UPLBEC2589
..... per their choice. this according to the learned counsel vitiates the first counselling itself.23. our attention has been drawn to the provisions of the act no. 14 of 1997 particularly sections 5 and 6 which restricted is applicability only to the pgmee 1997. later on by means of u.p. ordinance no. 15 of 1998 the ..... were made available and left open to the reserve category candidates on the criteria of 20% basing their strength on the provisions of unconditional and ultra vires act. according to the learned counsel for the petitioner there should be resuming of these seats which should be firstly offered to the general category candidates in accordance ..... marks for the reserved category candidates, and further in paragraphs 63 and 115 while giving the judgment prospective effect, has protected the admissions made under the impugned act, viz u.p. act no. 14 of 1997. paras 63 and 115 are being quoted below :para 63.-'in the premises, the impugned uttar pradesh post graduate medical education .....
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