Court : Allahabad
Reported in : AIR1962All88; [1962]32CompCas947(All)
..... a widow of the deceased brother, who contributed to at least one-third of the assets, took away certain sums of money. smt. subhadra devi may have acted illegally or without any justification, but that alone did not confer jurisdiction on the official liquidator to proceed against her under the provisions of section 235 (1).18 ..... to attack the judgment of the learned company judge with.11. the question, of limitation that arose was this : under section 235 of the indian companies (1913) act, proceedings against a promoter, past or present director, manager or liquidator, or any officer of the company, could be taken for misapplication, retainer, or any misfeasance or ..... the official liquidator came to have full legal play.7. on the 17th december, 1954, the official liquidator moved an application under section 235 of the companies act 1913 against vishwa pal sharma, brijendra pal sharma and shakti pal sharma's wife smt. subhadra devi and her two sons. this application the official liquidator .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All75
..... law and in the performance of their duties they were negligent. their employer, the u. p. government, is therefore not liable for damages caused by their negligent acts. 17. the second contention put forward by the learned junior standing counsel is also sound. the government is not liable for orders passed by courts of justice. the ..... items of jewellery. 5. the defendant contested the suit and denied the allegation of negligence. further, it was contended that the government was not liable for the tortious acts of its servants. lastly, it was pleaded that the jewellery was worth rs. 4,666/10 only. 6. the learned civil judge held that both the district ..... mohammad farahim khan. in 1923 they were minors and their grandfather, haji mohammad yusuf khan, was appointed their guardian under the provisions of the guardians and wards act by the district judge of aligarh. one anwarullah, who claimed to be their maternal uncle, moved an application before the learned district judge of aligarh on 2-7 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All484
..... as we have said above, there was no legal or valid resolution passed in accordance with the provisions of sub-section (2) of section134 which alone could be the foundation or basis of a notification under section135 (2). apart from this legal defect, factually also, there is no such notification under section 135 (2). learned counsel for ..... reliance was placed upon certain decisions of the supreme court, interpreting the scope of similar provisions of sub-section (3) of section 135 of the u. p. municipalities act. this provision reads: '135 (3). a notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed ..... be made after previous publication and that they shall take effect only after they have been published in the official gazette. section 23 of the general clauses act lays down the detailed procedure for the making of rules which are required to be made after previous publication. this section requires that the draft rules shall .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All16
..... the supervision of a waqf is vested in any existing committee appointed by the waqif or any competent court or authority, such committee shall, notwithstanding anything in the act, continue to function until superseded by the central board under sub-section (2); provided that such committee shall be under the control of the central board and ..... and the supervision of mutawallis' management of them in accordance with the waqfs' directions, in the united provinces of agra and oudh.' the supervision contemplated by the act is of the mutawallis' management. 15. sub-section (2) of section 59, also provides for the consequences, of the supersession of a committee in which the ..... not to assume direct management of the waqf. 20. sub-section (1) of section 18 is ; 'the general superintendence of all waqfs to which this act applies shall vest in the central board. the central board shall do all things reasonable and necessary to ensure that waqfs or endowments under its superintendence arc properly .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All35
..... of the penal code and it cannot be said that the court convicting the accused can apply sub section (2) of section 5, prevention of corruption act and sentence him to seven years' rigorous imprisonment where the section under which he is charged provides for a lesser sentence. the applicant not having been charged ..... think, therefore, that though the disobedience of the order of the police commissioner under section 23, sub-section (3), is an offence punishable under section 127, police act, it would be equally punishable under section 188, penal code, if all the conditions laid down by that section are fulfilled .....' and the other learned judge--wild ..... 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 which may .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All151
..... river or other unforeseen emergency, which makes it necessary for the railway administration to acquire the immediate possession of any land. when sub-section (4) of section 17 of the act speaks of 'the provisions of sub-section (1) or sub-section (2) are applicable', it only, bodily lifts the words 'in cases of urgency' occurring in sub-section ..... been made'.with great respect to desai, c. j., he has read the word 'applicable' as already applied'. under sub-section (1) of section 17 of the act the appropriate government can give a direction to the collector for taking action only after fifteen days have expired from the date of the publication of the notice mentioned in ..... under section 17(4) has been issued a declaration under section 6 cannot be made without allowing an opportunity to file objection under section 5-a of the act. that would positively show that the view expressed by the division bench in the case referred to above cannot be sustained.12. for the reasons mentioned above we .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All54
..... sittings at sitapur. on 9-10-1957 sri kapildeo presented an application for withdrawal of the election petition under section 109 of the representation of the people act (act xliii of 1951). on 28-11-1957, opposite party no. 1 filed an objection against that application for withdrawal. on 16-12-1957, the election ..... constituency and was merely a candidate for election from this constituency. further questioned, learned counsel conceded that, under section 81 of the representation of the people act, two candidates could file a joint election petition against a successful candidate and similarly two electors could file a joint election petition against a successful candidate. ..... substitution presented by opposite party no. 1 was filed beyond the period of limitation prescribed by section 110(3)(c) of the representation of the people act. when this petition was argued before us, learned counsel for the petitioner admitted that he was unable to support the 1st ground relating to the question .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All156
..... the submission is wanting, and as we have already pointed out earlier that section 2 of act xxlll of 1957 is almost conclusive of the matter, ft is not possible for us to read' the words 'principal ..... other people from accepting their wages, out it has also been categorically found that this he did omy for a very short while and that too because he was acting under righteous indignation. it is therefore not correct to say that the adjudicator actually found him guilty of misconduct.in any case, even if this finding amounted to slight ..... by act 1 of 1957, and consequently the reference to section 6-a in the words underlined must be reference to the unamended section 6-a and not to the amended one. mere is nothing on which we can hold that the words underlined have wrongly been shown in section 17 by a drafting error. therefore the very foundation for .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4574
..... cases falling under section 15(2). it may, if at all and at best, be referable to the cases falling under section 15(2) only.12. the supreme court in 1993 supp (3) scc 7 : air 1994 sc 120 forest range officer v. p. mohammad ali (paras 6 to 8) and (1999) 4 scc 103 enumerated the criterion and ..... concerned bench without being processed or routed though the chief justice. but in a case of reference being received from a subordinate court under section 15(2). contempt of courts act matter shall not go for 'further proceedings' before the concerned bench unless cognizance is taken by the chief justice under chapter xxxv-e, rule 4(c), rules of court. ..... relating to civil cotempt shall be presented before the bench of single judge constituted for that purpose.(b) every case of criminal contempt coming under section 15 of the act shall be presented before the bench of not less than two judges constituted for the purpose.(c) provided that every case of contempt of court presented before the court .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1350
..... an accommodation without any allotment order and the person letting out both are liable for prosecution under section 31 (1) of the act, in nootan kumar and others v. iind additional district judge, banda and others, 1993 (2) arc 204, it was held that an agreement of lease between the landlord and the tenant in contravention of section 11 ..... of the act is void and unenforceable in a court of law. the tenant cannot justify his unauthorised occupation of a building on ..... not contemplate any application to be filed for declaring vacancy, it enumerates the circumstances under which a building can be declared as a vacant. section 15 of the act casts a duty on the landlord and tenant to intimate the vacancy of a building falling vacant within seven days from the date of occurrence of such vacancy, in .....
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