Court : Allahabad
Reported in : AIR1959All264
..... an impossible one. ex. 3 nowhere goes near saying anything which might amount to the exercise of undue influence as defined in sub-section (2) of section 123 of the act and has merely criticised some acts or supposed acts of the congress party and its leaders.it contains an appeal to the members of the public in general. there is nothing in ..... this exhibit which can be seriously considered to amount to the exercise of undue influence as defined in sub-section (2) of section 123 of the act. there is no-preaching of hatred in it, and there is considerable dispute whether the statements of fact made therein were true or not. we think ..... nor is it stated that he himself got it printed or distributed. there is thus no case set up against the appellant under clause (b) of sub-section (1) of section 100 of the act. but the learned counsel for the respondent urged that in the main election petition itself, in paragraph no. 3(1), it has been stated that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All320
..... in saghir ahmad's case (a) and it will again be sufficient to refer to the following observations of the supreme court in this connection:--'section 3 of the act authorises the state government to declare that the road transport service in general or on particular routes should be run and operated by the state government ..... in view of the amended article 31 the deprivation of the petitioners of their rights to ply their buses in view of the notifications issued under section 3 of the impugned act cannot be regarded as acquisition within the meaning of said article.21. it was then argued by the advocate-general that even assuming that the ..... that the notification amounted to acquisition of property without payment of compensation. on 18-6-1951, however the parliament passed the constitution (first amendment) act of 1951 and by section 3 (1) of that act for clause (2) of article 19 a new sub-clause was substituted which was expressly made retrospective. by the same amendment clause (6) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All434
..... reasons to be recorded therein, exempt any area or any alienation or other transfer of any vacant land from all or any of the provisions of this act.'under sub-section (2), to avoid any hardship also,'the state government may if it considers it necessary so to do, exempt, by anorder in writing, any alienation ..... or the collector concerned. while rejectingthe representations made by the petitioners, it is inconceivable that the state government treated them as representations made under section 3 (5) of the act. the subject-matter of the communication as quoted above itself shows that the representations were treated as having been concerned with urban properties valued at ..... industrial or commercial purposes or for similar other purposes'. while granting permission for sale and other transfer of urban property in exercise of its power under section 3 (4) of the act, the state government has to bear in mind that it does not lead to concentration of wealth in a few hands. the colonisers' basic .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All758
..... high denomination bank notes (demonetisation) ordinance was promulgated on 12-1-1946 by the governor-general in exercise of the powers conferred upon him by section 72, government of india act, as set forth in the 9th schedule of that actsection 6 of the ordinance provided for the exchange of high denomination bank notes held by any ..... it does not follow that he is not debarred from questioning that the sanction was. duly given. article 166(2) usss language similar to that of section 53, government of india act; therefore, the interpretation placed upon it by the orissa high court in 'shyama ghana ray's case (d)' is of no assistance. i agree with ..... v. state : air1952ori200 , which was cited on behalf of the applicant, i have to make. two observations. one is that it related to interpretation of section 3, preventive detention act (1950), which requires not bnly that the governor should pass an order of detention but also that lie should be satisfied that such order is necessary.the ordinance .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1316
..... magistrate on 20.2.1981. it was presented for registration on 20.5.1981. 18. the enemy and enemy property have been defined in enemy property act. 1968. according toclause (b) of section 2. enemy means a person or country who or which was enemy, an enemy subject or an enemy firm, as the case may be, under defence ..... property in the custodian of enemy property made on january 7, 1969, after the expiry of period of emergency on july 10, 1968, is without jurisdiction and is invalid. section 5 of the enemy property act has no application. the other authority referred to is division bench decision in rameshwar dayal and others v. custodian of enemy property for ..... to avoid jurisdiction of section 13 by the civil court to make a declaration. the other case referred to is dhutabhai v. state of madhya pradesh and another : [1968]3scr662 . it was observed that 'where there is an express bar of jurisdiction of the court, as examination of the scheme of the particular act tofind the adequacy or .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC946
..... by respondent no. 1, whereby he directed that the property in dispute should be recorded as enemy property. under enemy property act. 1968, enemy property has been defined as under :2. definitions.--in this act, unless the context otherwise requires : (a) ....................................................................... (b) ............................................................................. (c) 'enemy property' means any property for the ..... an enemy, an enemy subject or an enemy firm : provided that where an individual enemy subject dies in the territories to which this act extends, any property which immediately before his death, belonged to or was held by him, or was managed on his behalf, may, notiwithstanding ..... his death, continue to be recorded as enemy property for the purposes of this act. 5. land in dispute does not come within the definition of enemy property as the same never belonged to or held or managed on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All250; (1991)1UPLBEC441
..... require the university to admit to any course of studya larger number of students than may be determined by the ordinances :provided that nothing in this section shall be deemed to prevent the university from making special provisions for admission of students belonging to the scheduled castes or scheduled tribes.'the learned counsel for ..... as to whether university authorilies were competent to introduce entrance test for admission to degree courses in arts, science and commerce. after considering various provi-sions of act it was held that entrance examination has rightly been introduced and in this context their lordships held that the university authorities are bound by the ordinance. the ..... been completed is wholly illegal and arbitrary forrefusing admission. the stand taken by the, respondent is contrary to the provisions of s. 45(3) of the act.10. though as clear from the above the petitioner is entitled for admission in m.sc. previous on the basis of b.sc. degree obtained from kashmir .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1065; (2000)1UPLBEC292
..... proceeding before the collector' and despite such knowledge failed to adduce evidence and, therefore, proceeds the submission, cannot complain of denial of right conferred by section 50(2) of the act. we have given our thoughtful consideration to the submission made by the learned counsel for the petitioners on the question aforestated. in gyan devi(supra), the ..... . clause (ii) of the first proviso prohibits making of declaration 'after the expiry of one year from the date of publication of the notification under section 4(1) of the act.' for the petitioners, reliance has been placed on a decision of the supreme court in oxford indian school v. government of tamil nadu, air 1995 ..... and 4603 of 1995 have been instituted for issuance of a writ in the nature of certiorari quashing the notification dated 16.1.1995 issued under section 6 of the act.4. we propose to first take up first the group of writ petitions in which the acquisition proceeding itself has been questioned. such writ petitions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All226
..... any changes in the manner or method of constituting a local body would not contravene either article 171(3)(a) of the constitution or section 27(2) of the representation of the people act. at this place, it may be noted that it is not the intention of the legislature that the electorates within the meaning of article ..... statute when it conflicts with the constitution. it cannot remain institution of opinions upon points of rights, reason, expediency etc.28. in bajal basappa v. keshava (air 1968 mysore 198), the question was whether the state legislature could disqualify the lepers from participating at the election of the municipal council. the court struck down the provision on ..... is stuck on it and then it is colourable legislation..................'23. a full bench of the kerala high court in n. sriniswasan v. state of kerala (air 1968 ker 158) was called upon to consider the question of mala fides with reference to article 213. it was held that consideration of charge of mala fides even .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All309; (2003)2UPLBEC1087
..... the case.4. award costs to petitioner.' as also agreed at the bar, the decision of the present petition depends upon interpretation of section 51 of the act.we may reproduce, for convenience. section 51, of the act-'51. constitution and term of executive committee.-- (1) the executive committee shall consist of- (a) the (nagar pramukh) who shall ..... and make an endeavour to ascertain the exact intention of the legislature it will be useful to refer to the dictionary meaning of certain expressions used in section 51 of the act.legal glossary 1983 edition :published by ministry of department of law, justice and company affairs, government of india.page 19'appoint' -'to designate a ..... of expired term of 'member' cannot be carried forward to be attached to the fresh term of 'member' of executive committee.22. section 51 of the act, nor any other provision of the act, provide that when a member of the executive committee shall retire, he will continue to and enjoy office of 'vice-chairman', which he .....
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