Court : Allahabad
Reported in : AIR1927All838; 106Ind.Cas.524
..... what the law and the indian statute mean is that the position of the person who was induced to act, and the principle on which the law and the statute rest is, that it would be most inequitable and unjust to him that if another by a representation made, or by conduct amounting to a representation, had induced him to act as he would not otherwise have done, the person who made the representation should be allowed to deny or repudiate the effect of his ..... we have, therefore, to see whether, in spite of the fact that the plaintiff was not fully aware that he had a right to challenge the arrangement which had stood for so many years, he did by his declarations or acts induce a belief in the mind of the vendee that the vendors had good title. ..... own right which is inconsistent with the right claimed by the other, and he must know of that other's mistaken belief of his rights, and he must have encouraged that other in his expenditure of money or in the other acts done by him, before estoppel arising out of acquiescence can be a bar.15. ..... a layman might well believe that an arrangement which has been acted upon for such a long time cannot be set aside. ..... the law of this country gives no countenance to the doctrine that in order to create estoppel the person whose acts or declarations induced another to act in a particular way must have been under no mistake himself, or must have acted with an intention to mislead or deceive. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All374
..... as indicated in the narration of the cases of the parties and existing the sequence of events, it is clear that the dispute had crossed the scope of the above act and, in fact, the question before the court is what was the property sold and which property could have been sold.13. ..... there having been no dispute that the area of the evacuee property was 3.042 acres the civil court had every jurisdiction to take up the matter as the bar under the three acts were not operative for the specific question raised before the civil court.22. ..... in the parallel proceeding before the authorities under the three acts an order was passed by the settlement officer on 18-2-66 allowing the appeal of rajdev singh against the order dated 15-9-1965 and the managing officer was directed to rehear the matter. ..... the evacuee property was subsequently acquired by the central government under section 12 of the displaced persons (compensation and rehabilitation) act, (act 44 to 1954) and put to auction. ..... section 46 of the administration of evacuee property act bars the jurisdiction of the civil court to proceed to entertain or to adjudicate upon any question whether any property or any right or interest in any property is or is not an evacuee property or to question the legality of any action taken by the custodian general or a custodian under this act or in respect of any matters which the custodian is empowered by or under this act to determine. .....
Tag this Judgment!Court : Allahabad
Reported in : (1886)ILR8All282
..... upon the ground of the application of the civil procedure code to this suit, though he has also attempted to rely upon other provisions of the law, and especially upon clause ii of section 10 of the court-fees act, and contends that the expression in the munsif's order that the suit was dismissed 'ba haisiyat maujuda,' that is, in the form in which it was brought, will not prevent the operation of the plea of res ..... is true that these rulings were passed before either the present civil procedure code or the court-fees act existed; but i hold that even under the present law they are applicable to cases like the ..... ' now what i wish to say in the first place is that the object of these provisions, as indeed of the whole act, is to lay down rules for the collection of one form of taxation, and this i regard to be the scope of the enactment, though it contains no preamble at all: and i hold it as a fund mental rule of construction that ..... first, then, i have no doubt whatsoever that the dismissal of a suit under clause ii, section 10 of the court-fees act can never operate as res judicata so as to bar a fresh action, where the plaintiff has valued his claim rightly and has paid ..... now the question is whether the dismissal of the plaintiff's former suit under section 10 of the court-fees act can be regarded as res judicata barring the present, action, the next question is, whether the dismissal of a suit for misjoinder would have any such effect; and lastly, the question is whether the .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)1UPLBEC417
..... but in articles 142 or 144 requires the high court to execute in its judicial side the order of the supreme court though if directed, the high court is bound to act in aid of the supreme court even in the judicial side but such action in the aid of the supreme court does not include the responsibility of execution of the order of supreme court particularly when the supreme ..... in article 144 it has been provided that the all authorities civil or judicial in the territory of india, shall act in aid of the supreme court, in the present case the high court having issued appropriate administrative instruction in terms of the order dated 9.1.90 and the learned district judge, agra having constituted a committee for the ..... the high court being creature of statute cannot act beyond the statute. ..... thus, the acts on the part of the high court in its administrative side and that of the learned district judge in, his administrative side, were undertaken in aid of the order dated 9.1.90 passed by the apex court.27. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC341
..... because if the impugned legislation falls within the competence of the legislature the question of doing something indirectly which cannot be done directly does not arise.as regards the competence of parliament to enact the central act, we have already found that keeping in view entry 1 of the state list and article 248 read with entry 97 and entries 2 and 2a of the union list, parliament was competent to enact the central ..... case (supra) the apex court held as follows :'the argument advanced on behalf of the petitioners that the 1991 amendment act was enacted by the orissa state legislature which actuated by mala fides and hence the same is unconstitutional, is difficult of acceptance ..... others, which have already been accepted and the attack to the vires of the acts have been repelled by us correctly, (ii) from the various provisions of the act and the rules it is clear that the co-operative movement or the preamble for which the act was enacted has not beentouched by the legislature. ..... is the object of theco-operative movement to enshrine the democratic principles amongst the members themselves and state should not by an act or amendment curtail the rights of a member of the co-operalive society. ..... since parliament is competent to enact the central act, it is not open to challenge on the ground of being a colourable legislation or a fraud on the legislation power conferred on ..... have already held the competency of the state legislature to enact the amendment acts of 1997 and 1998.6. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(238)ELT554(All)
..... the position of a managing agent, by whatever name called.explanation i,--for the purposes of this act, references to 'managing agent' shall be construed as references to any individual, firm, or body corporate who, or which, was, at any time before the 3rd day of april, 1970 the managing agent of any company.explanation ii--for the ..... a director or any other person occupying the position of a manager, by whatever name called, and whether under a contract of service or not;(25) 'managing agent' means any individual, firm or body corporate entitled, subject to the provisions of this act, to the management of the whole, or substantially the whole, of the affairs of a company by virtue of an agreement with the company, or by virtue of its memorandum or articles of association, and includes any individual, firm or body corporate occupying ..... memorandum or articles of association, is entrusted with substantial powers of management which would not otherwise be exercisable by him, and includes a director occupying the position of a managing director, by whatever name called:provided that the power to do administrative acts of a routine nature when so authorised by the board such as the power to affix the common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4574
..... in the present case, as noticed above, the chief justice took cognizance well before expiry of 'one year' to be counted from commission of offending act and case was listed on at least three occasion before concerned bench but it was apparently left out as there was none to bring to the notice of the bench the danger of the limitation ..... to be placed by proviso to rule 5, rules of court to this extent, is not applicable to the cases falling under section 15(2) of the contempt of courts act and the said 'proviso' is not relevant for the cases falling under section 15(2). ..... detailed note was prepared by the office giving details of the acts - committed by sri dharam raj singh and sri jai karan ..... (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 ..... court or, as the case may be, any high court, may make rules, not inconsistent with the provisions of this act, providing for any matter relating to its procedure.6. ..... in rule 5 of chapter xxxv-e of rules (framed in exercise of delegated powers under section 23 of the contempt of courts act, 1971, called the 'act'), cannot widen the scope or override statutory provision under the act to the extent of contempt matters under section 15(2) of the act. ..... it is pointed out that an advocate committed offending act on 24-8-1998 and one year therefrom having elapsed, the court may consider the question of limitation before taking cognizance of the contempt .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All140
..... present case the plaintiff sets up that she possesses a legal proprietary right in the land entitling her to the supply of water free of the assessment--a claim of legal exemption--and seeks to recover in respect of an act done in violation of such legal rights, as also of the revenue rules in force, and, until altered, binding upon the defendant; and we think the question in this, as in other suits of a civil ..... the lands in dispute to the south of the main channel, as accretions to the plaintiffs' mauzas, and such accretions became liable to assessment under section 104, act xix of 1873, and the old regulations; that the plaintiffs cannot contest the right of the government to make a settlement and assess revenue.5. ..... the civil court's jurisdiction being excluded in respect of acts done in the exercise of sovereign powers, for the suit is for alleged wrongful acts of the revenue officers in violation of rights 'conferred on the plaintiff's by the legislature and the civil court's jurisdiction does not appear to be excluded by express legislation in section 24] of the land revenue act, which has specified the matters over which civil ..... observed: 'the suit, then, is clearly a suit of a civil nature, brought for alleged wrongful acts by an executive officer of government, and, in the absence of any express legal enactment or provision, we think the circumstance that the acts complained of were done in enforcing payment of a revenue assessment sanctioned by government, did not, per .....
Tag this Judgment!Court : Allahabad
Reported in : (1886)ILR8All324
..... by a conclusive presumption that the former adjudication declared the truth, whilst 'an estoppel,' to use the words of lord coke, 'is where a man is concluded by his own act or acceptance to say the truth,' which means, he is not allowed, in contradiction of his former self, to prove what he now choses to call the truth. ..... here no such circumstances exist, for it is not shown or pretended that the young ladies, who are 'pardah-nashins,' by any declaration, act, or omission, intentionally caused or permitted the plaintiff to believe that their mother and brother were the exclusive owners of the property when the ..... the essential features of estoppel are those which have found formulation in section 115 of the evidence act, the provisions of which proceed upon the doctrine of equity (upon which section 41 of the transfer of property act is also based) that he who by his declaration, act, or omission has induced another to alter his position, shall not be allowed to turn round and ..... have already said, proceeds upon different grounds, and i think the framers of the indian codes of procedure acted upon correct juristic classification in dealing with the subject of res judicata as appertaining to the province of procedure ..... the hypothecation-bond sued on purports to be made in the name of amir begam herself, in respect of her own property, acting on her own behalf and in her own right; and the suit also was brought on the allegation that the property hypothecated was owned and possessed by .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ2550
..... the grounds on which the detention order has been passed against the petitioner were also served upon him as required by section 8 of the act and they are as follows :--i) in the night intervening 2/3rd february, 1992, station officer yogendra datt sharma along with some other police personnel was on patrol duty ..... union of india, air 1991 sc 2261 : (1991 cri lj 3291), the hon'ble supreme court has held that even a solitary act is enough to detain a person if reasonable inference can be drawn from detenu's past conduct about likelihood of his repeating the prejudicial activities in future ..... state of west bengal, 1974 cr lj 1335 (sc): (air 1975 sc 255), a detention order was passed on the basis of the single act namely, that the detenu along with his associate had committed theft of copper wire of railway traction; and a similar contention was raised. ..... supreme court held that though the incident referred to in the communication served on the petitioner was a single solitary incident it could not be looked upon as an isolated act and it necessarily cannoted a course of previous conduct of similar activities where specialized experience had been acquired. ..... 29 of 1992 under section 147, 148, 149, 307, 379 and 411, ipc and section 25 arms act;iii) on account of the cutting of wire of the transmission line by the petitioner and his associates, the electricity supply to hundreds of factories, state and private units, and commercial enterprises in the districts of aligarh and bulandshahar .....
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