Court : Allahabad
Reported in : AIR1998All29; II(1997)DMC383
..... no order towards that end is made either by way of interim order or otherwise in the pending proceeding or it is not incorporated in the decree itself, in that event, the court cannot assume jurisdiction to decide an application under section 26 of the act after the decree is passed, namely, whereafter the proceeding terminates and does not remain pending, the deeming clause postulates deemed pendency only in cases where provisions were made either by interim order or otherwise ..... hlr 305 (sic), the supreme court held :'the modern trend seems to be that in case of conflict between the mother and father regarding the custody of a child of tender age, preference should be given to the mother in the interest and welfare of the child. ..... : air1976sc2446 , wherein it is further observed :'it is true that this principle is not rigid and inflexible and there can be extraordinary circumstances where despite the existence of an alternative legal remedy, the high court may interfere in favour of the applicant.'23. ..... 1997, both the learned counsel pointed out that the matter was fixed on 24th april, 1997 but by mistake the date was noted as 12th may, 1997 in the order dated 9th april, 1997. ..... it was also sought to be inscribed alternatively as one under article 227 ..... uma charan lal, (1964) 68 cal wn 179 (db), presiding over the division bench had laid down :'it is hardly arguable that a point, which goes to the root of the court's jurisdiction cannot be taken in a revision application if the said .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All8; 1968CriLJ1
..... of the price of the grain, (d) the lota which the deceased was carrying with him was recovered from the bed of pandu river falling in the way at the instance of appellant bhagwan das (e) on 22nd september, 1964, when bholey khan was medically examined he had two abrasions 1/2' x 1/8' and 1/6' x 1/10' on the right base of thumb palmer side, one healed abrasion 3/4' x 1/6' on right wrist outer side, contused area 3' x 2 1/2' on left ..... to allahabad and at his instance some pieces of cloth eight in number and a chappal were recovered from a pit by the side of grand trunk road near village nidura on the 24th of september, 1964 a lota bearing the inscription 'hari prasad gupta mohammadabad gohna' was also taken out from pandu river from a place pointed out by him during the course of their journey the two appellants are ..... hari prosad gupta is the uncle of the deceased whose name was found inscribed on the lota gyah chand and sheo dutta prasad have testified that panna lal had taken the lota with him when he had left his home at mohammadabad gohna for kalpi ..... 2100 in the shape of 21 notes of 100 rupees denomination at the instance of bhagwan das from the house of his mother-in-law has been established beyond the ..... of his dead body to screen themselves from legal punishment.3. ..... have been convicted by the learned additional district and sessions judge, kanpur, of offences of murder, robbery and causing disappearance of evidence of murder for screening themselves from legal punishment. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All149; 1959CriLJ268
..... be independent corroboration of every material circumstance, it being sufficient that there is some additional evidence rendering it possible that the story of the accomplice is true and that it is reasonably safe to act upon it; (2) that the independent evidence must not only make it safe to believe that the crime was committed but must in some way reasonably connect the accused with it by confirming in ..... an order of commitment, being a condition precedent to the cognizance of an offence being taken by a court of session, entitles the accused so committed to be tried by a court of session; but the act leaves that right intact since it provides in sub-section (3) of section 8 that for the purposes of the provisions of the code of criminal procedure the court of the special judge shall be deemed to ..... above, he spoke of 'manufactured' having been inscribed by the painter by mistake in place of ' ..... trial of the appellants had already commenced in a court of session before the coming into force of the said act and the appointment of a special judge thereunder is, not if an order of commitment had already been made, but if anything had been done which could legally be interpreted as amounting to a commencement of trial. ..... his 'private noting' but he added that these notings were mentioned ..... statements and confessions in the course of investigation and of tendering pardon to accomplices in the course of inquiries and trials so as to make both applicable to the offences dealt with by the act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2286
..... the said decision has not referred to any of the decisions on the subject with regard to the question as to 'case decided' as well as the decision with regard to meaning of 'proceeding' occurring in section 115 and has not noted the decision of different high courts and the apex court and as such the said ratio has been laid down in ignorance of the ratio laid down on the question by different high courts and the ..... no irreparable injury will be caused to the petitioner even if the rate at which maintenance pendente lite allowed to her is less than what she is finally found to be entitled to under section 25 of the hindu marriages act or the provision for expenses of proceeding made under section 24 is found to be less than that allowable to her on the conclusion of the petition for divorce. ..... therefore, the only remedy open is to approach this court under article 227 of the constitution, though initially he had inscribed his petition as one under article 226 of the constitution. ..... : [1970]1scr435 , had held that the word 'case' is not restricted to litigation in the nature of a suit but includes all proceedings in which the jurisdiction on a civil court is invoked for the determination of a claim or right legally enforceable and that revision is maintainable against interlocutory orders passed in a suit.30. ..... dillon : [1964]4scr409 and baldeodas shival v. ..... : [1964]4scr409 , which had settled the conflict.26. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3270
..... . the view that bringing up a child even with an intention of giving one's property to that child and loosely describing as having adopted child do not constitute adoption in the technical legal sense as understood in hindu law and that succession is governed by the succession act and not by rules of hindu law applicable to community to which he belonged before conversion is not in consonance with the law laid down by the privy council holding that though the profession of ..... . maud datt does not appear to have that kind of love and affection for him and never treated him as her adopted son, archibald datt carne back to allahabad in 1964 and, thereafter, the appellant started living with his own parents and that is why while seeking admission in the university and in the certificate of high school and intermediate classes, and also in his service ..... . exceptional cases apart where on account of death of the mother, the child may have to be provided with some alternate source of feeding on account of compelling reasons, no one would separate a child of that tender age from his natural mother which may have the effect of endangering his life ..... . the facts of the case show that there was a custom in the area which was noted in wazib-ul-arz (record of customs which are recognised by courts) of 1958 that an adopted son is like a real son and he was to become owner of the estate under all circumstances ..... . notes 3, and 56 of section 1 of dattaka mimansa are being reproduced below :'3 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All213
..... the deputy assistant director, malariology, varanasi zone, varanasi, made in red ink at the back of the original letter of resignation.it does not appear that the plaintiff-appellant's letter dated 5th february, 1964 had been placed before him at least up to 17th february, 1974, the date on which that endorsement was made, for the officer very fairly enquired from the anti-malaria officer, azamgarh (east), ' ..... giving that permission it was made clear to the plaintiff that the government work should not suffer but the plaintiff cared only for his studies and neglected government work; that on 4th february, 1964 when the anti malaria officer along with senior malaria inspector began checking of work in the plaintiff's circle, he the plaintiff, realised that he could not pull on in service, as he had done ..... that although the acceptance of the resignation with effect from 25th january, 1964, a date prior to the date on which the resignation was tendered was bad yet it did not vitiate the acceptance of the resignation which could be deemed to have been accepted with effect from 4th february, 1964, is wholly unwarranted for once it is found that the impugned act of the administrative authority is bad or illegal, the court cannot ..... assistant director who was lower in rank than the additional director that there was no legal proof that the power of appointment or dismissal was delegated to the deputy assistant director and the latter was competent ..... may be here noted that the description .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2809; (2002)1UPLBEC300
..... as under:claim no.1balance amount of work doners.51.83.639.00claim no.2refund of securitydepositrs.6,94,067.00claim no.3reimbursement of loss ofinterestrs.4.75.180.00claim no.4additional cost incurredfor procurement of steel and cementrs.4.71.718.00claim no.5enhanced rate over andabove tender rates for quantum of work executed beyond stipulated date ofcompletion.rs.18.73.121.00claim no.6for additionaluncontemplated expenditure over establishmentrs.8.09,100.00claim no.7cost of material wastagers.6.64.783.00claim no.8interest at 24% per annum for the period running ..... this respect, one of the submissions raised by the learned counsel for the appellant is that the arbitrator submitted an application under section 28 of the arbitration act for extending the time for giving award and the court allowed the application on may 3, 1997 giving him one month further time to give award. ..... 783 as a cost of material wastage due to rehandling of the same by the transport agency from the initial dump to the site of work, in the night.as noted above under clause 4 of the agreement, the responsibility was of the contractor to protect his own material at his own cost.claim no. ..... 1964 (3) scr 164, stated that right or wrong the decision of the arbitrator is binding excepting in the case of error of law on the face of it or in the event the award itself or in a document actually incorporated in it, there is found some legal proposition which stands out to be the basis of the award and which is erroneous .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All31
..... to hold the parties to the contract and to make them present their disputes to the forum of their choice but that an order to stay the legal proceedings in a court of law could not be granted if it was shown that there was good ground for apprehending that the arbitrator would not act fairly in the matter or that it was for some reason improper that he should arbitrate in the dispute.their lordships also made reference to the ..... if the word 'thereafter' in sub-section (5) is construed to have reference to the order of filing the agreement only and not to the order of reference as stated in the punjab case noted before, then it can be said that in making the subsequent order of reference to an arbitrator, the provisions of chapter ii for filling up the vacancy as provided in section 8 may be attracted. ..... the defendant invited sealed tenders in august, 1964 for carrying out the work of laying main sewerage in the fertilizer's township. ..... it was also noted therein that the work had to be executed in accordance with the terms and conditions of the notice inviting tenders (hereinafter referred to as 'nit') and the general direction and conditions of contract (hereinafter referred to as 'gdcc'). .....
Tag this Judgment!Court : Allahabad
Reported in : (1981)20CTR(All)147; [1982]134ITR364(All); [1981]6TAXMAN159(All)
..... he can only act on the evidence which is tendered before him, and where the evidence tendered is worthless or not tendered, he would be justified in taking the evidence of the books showing the cash deposit as conclusive of the fact that some income was made and related to an ..... the source is concerned, there is no material on the record to show that the amount came from the coffers of the respondent-firm or that it was tendered in burrabazar calcutta branch of the central bank, on november 15, 1944, on behalf of the respondent. ..... that the assessee was not an honest one because he admitted that he had purchased one house in the name of his wife benami shows a legal misconception in the minds of the learned members of the tribunal.56. ..... the price of the shares was paid by the wife at the time of purchase and for the balance she executed a promissory note in favour of the transferor selling the shares. ..... for the assessment year 1964-65, the assessee's income was originally computed ..... 1977 in relation to the assessment years 1964-65, 1965-66, 1966-67, 1967-68 & 1968-69.3 ..... ganapathi mudaliar : [1964]53itr623(bom) were distinguished on the ground that in the said cases the amounts in question were entered in the account books of the assessees concerned and it was held that once the explanations ..... the toddy contract business for the assessment year 1965-66, his previous year was from october 1, 1963, to september 30, 1964.6. ..... in relation to the assessment years 1963-64 and 1964-65. 2. i.t.r. no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC426
..... excess of jurisdiction ; (c) failure to satisfy or observe conditions or procedures required by law; (d) breach of the principles of natural justice ; (e) unreasonable or irregular or improper exercise of discretion ; (f) abuse of power ; (g) fraud, bad faith, improper purposes or irrelevant considerations ; (h) acting on instructions from an unauthorised person; (i) conflict with the policy of an act of parliament ; (j) error of law, whether or not apparent on the fact of the record ; (k) absence of evidence on which a finding or assumption of fact could reasonably be based ; and (l) breach of or omission to perform a duty. ..... however, in conformitywith the principle expressedin (b) above, namely thatrelevant considerations maybe gleaned from the subject-matter, scope and purpose ofthe act, where the decision ismade by the minister of thecrown, due allowance mayhave to be made for takinginto account of broader policyconsiderations which may berelevant to the exercise of ..... the respondents submit that the high court at allahabad has no territorial jurisdiction to entertain the writ petition as : * the tender was for the supply of country spirit for district sultanpur, which lies in the area governed by lucknow bench ; and* the order was passed by the state government ..... tenders were opened on 4.2.2000 and the participants noted down ..... grant of contract, neither petitioners' legal nor fundamental right are infringed. ..... shoreham-by-sea urban district council, (1964) jwlr 240 at 248, 255 ; .....
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