Court : Allahabad
Reported in : AIR1952All35
..... for us to do so. if we were to do so, we might infringe the rule of interpretation in section 26 general clauses act.' section 26, general clauses act (x [10] of 1897) is as follows :'where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and ..... that the prosecution cannot proceed against the applicant as no sanction of the district co-operative officer, jaunpur, was taken to prosecute the applicant as required by section 6, prevention cf corruption act (ii [2] of 1947). a learned single judge of this court had in kripa shankar v. state, cri. misc. no. 506 of 1951, ..... offences he is alleged to have committed can all be grouped under the heading 'criminal misconduct' and the applicant could, therefore, be convicted under section 5 (2), prevention of corruption act, which is as follows :'any public servant who commits criminal misconduct in the discharge of his duty shall be punishable with imprisonment for a term .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All216
..... hari ram v. akbar hussain, (1907) 4 all lj 636 (fb). the case involved a number of questions which were bound up with the interpretation of section 28 of the court fees act. most of those questions are only of academic interest now. because they were connected with some provisions in other enactments also which have since been replaced by enactments ..... ilr 2 all 682 (fb) which is a full bench decision of this court, all the four learned judges composing the bench agreed in holding that under section 28 of the court fees act this court has the power to direct the deficiency in court-fee on a plaint to be made good. spankie, j, who delivered a separate and detailed ..... of stamps was not correct, and directed that information of the order be given to him. no application for revision of this order was filed under section 6-b of the court-fees act. both the suits were decreed. kunj behari lal thereupon filed these appeals, paying the same court-fee on the memorandum of appeal as had been paid .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All362
..... to who was the 'appropriate authority' for such appointments, itwill not be possible to appoint or designate additional sub-divisional officers and the amendmentmade by section 2 of act (xix of 1957) does not in any. manner validate the appointments of any persons as additional sub-divisional officers. the amendment is, therefore, practically ..... that there is a provision for appointment of additional sessions judges and additional district magistrates in section 9, sub-section 3 and section 10, sub-section 2.in the u. p. land revenue act itself there is a provision in sections 13 and 14a for appointment of additional commissioners and additional collectors. it would thus appear that ..... , therefore, be given their ordinary dictionary meaning. it has been urged on behalf of the opposite parties that the state government is under section 18 of the land revenue act, empowered to place any assistant collector of the first class in charge of a sub-division and it is this assistant collector who is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All328; (1962)ILLJ148All
..... . relying on article 307 of the constitu-tion, learned counsel for the petitioner urged that article 309 should be interpreted keeping in view section 21 of the general clauses act. that section, according to him, clearly provided that the governor's power to amend rule 56 could be exercised only in the manner and sub- ..... to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.'17. under article 309 of the constitution read with section 21, general clauses act, the governor of uttar pradesh is competent to alter rules regulating conditions of service from time to time. in november 1957, the governor issued a notification ..... contention, mr. chaturvedi relied upon the expression 'exercisable in the like manner and subject to the like sanction and conditions (if any)' appearing in section 21 of the general clauses act. the expression relied upon by mr. chaturvedi merely means that, alterations of rules have to be carried out under the same conditions, under which .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All350
..... contract out of such interest' (it is not necessary for the present purpose to mention clauses (b), (c) and (d) of this section). 10. this section corresponds to section 18 of the old act with certain amendments. the expression 'subsequent to the sale or lease' came up for consideration before the supreme court in silla chandra v. ..... against it. essentially in the additional pleas the very existence of the agreement was denied. the court below was of the opinion that because of section 92 of the evidence act the plaintiff-appellant could not be allowed to give evidence to vary, add or alter the terms of the written contract. as i have ..... 7a. after hearing learned counsel for the parties, i find that there is considerable substance in the submission made on behalf of the appellant. section 43 of the transfer of property act lays down: --'where a person fraudulently or dishonestly represents that he is authorised to transfer certain immovable property, and professes to transfer such property .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All492; 1958CriLJ834
..... judges doubted the correctness of the view expressed above. the contrary view was expressed by das j. who observed :'it seems to me that sub-section (3) of section 8, criminal law amendment act, 1952, is quite clear. it states that for the purposes of the provisions of the code of- criminal procedure the court of the special ..... criminal procedure have also been applied to proceedings before him to the extent, that those provisions are not inconsistent with the provisions of the criminal law amendment act, 1952.sub-section (3) then further proceeds to lay down a fiction of law that, for purposes of those provisions of the code of criminal procedure which become applicable ..... indicate that the special judge has been equated with a magistrate or has been constituted a magistrate for the purpose of trying cases under that act. all that sub-section (1) of section 8 does is to empower the special judge to take cognizance of cases without proceedings of commitment and then it lays down the procedure .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All451
..... that the aforesaid authorities shall have regard only to matters referred to in clauses (a), (b), (d) and (f) of sub-section (1) of section 47 of the said act and shall also take into consideration the representations made by any local authority or police authority within whose jurisdiction any part of the proposed route ..... or area lies. the notification further provides that there shall be deemed to have been made sufficient compliance of the provisions of section 57 of the said act, if it intimates the particulars of the applications to such local and police authorities for making representations.10. challenging the validity of the notification ..... relating to the establishment, regulation and inspection of markets. it was urged that the bye-laws were not justified by any of the clauses of section 298f of the municipalities act. repelling the contention, hon'ble gajendragadkar. j. observed (at p. 268).'it is now well settled that specific provisions such as are contained .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All331
..... petition and in paragraphs of the schedule annexed thereto are true to the information. the affidavit, as such meets the requirement of proviso to section 86(1) of the act and is an affidavit in the prescribed form. 12. the substance of allegations in the election petition relates to prevent the voters from polling at ..... with a prayer to allow the application incorporating the aforesaid verification supported by affidavit. the objection, as such is factually incorrect. the proviso to section 83(1) of the act provides that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of ..... 600, the supreme court has held that the defect in verification of affidavit is curable and does not merit dismissal of election petition in limine under section 86(1) of the act. election petitioner has filed an amendment application verifying the election (petition) in accordance with law as well as each of its annexures. in g. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All773; [1953]24ITR141(All)
..... the consent of learned counsel, we found it necessary to number the cases separately and miscellaneous case no. 139 of 1948, was confined only to the reference under section 66 (1), income-tax act in reference application no. 226 of 1947-48 before the appellate tribunal, which related to the income of the firm harishankar gopal hari.2. the question referred to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All126
..... shall be entitled to use the work.'in june 1956 an enquiry was held by an officer appointed by the collector. this enquiry purports to be one under section 40 of the act. later on another enquiry was conducted by another officer on the 3rd october, 1956. in view of these true enquiry reports it cannot be said that there ..... struck down in such cases will not be the provision which invests the authorities with such power but the abuse of the power itself.' corning to the provisions of section 17 of the act. it provides as follows:--'17 (1) in cases of urgency, whenever the appropriate government so directs, collector, though no such award has been made, may, on the ..... to acquire the land of the petitioner for purposes other than public purpose and by depriving the petitioner of the right to object to that in view of section 6(3) of the act. further in the present case the whole proceedings being for the benefit of the individual company cannot be regarded to be for the interest of the general .....
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