Judgment Search Results Home > Cases Phrase: legal tender inscribed notes act 1964 Sorted by: recent Court: allahabad Page 1 of about 154 results (0.058 seconds)

Babu (Deceased and Represented by His Lrs.) Vs. Khudial Qayum and Anot ...

Court : Allahabad

..... before the high court return a notice issued by the collector including petitioner's property in the list of waqf properties stating that he was not incharge of any waqf property as defined in section 2(e) of 1923 act whereupon the collector referred the matter to the district judge who held the property as a waqf property and the question was whether the order of district judge was within jurisdiction or not. ..... 1931 pc 18 the observation in respect of adverse possession similar to what has been noted above were made and the said judgement was followed in bhupendra narayan sinha (supra ..... it fixes a life span for remedy for redressal of the legal injury, if suffered, but not to continue such remedy for an immemorial length ..... but then the possessor can be given certain legal rights such as a right to continue in possession free from interference ..... for the purpose of present case, whether wakf is a legal person or not may not be an issue necessary to be decided for the reason that this court has no hesitation in observing that person responsible for maintaining wakf can bring an action if the property of wakf is ..... of possession, at any rate as it is understood in legal terminology, is a complex one which need not include actual ..... 39 (2) of the defence of india rules meant legal occupation, and the applicant could not be held to be in occupation or control of the house so as to render her ..... indian law' possession was nothing but a legal contrivance based on the considerations of dharma. .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... term contract has been used indifferently to refer to three different thing: (1) the series of operative acts by the parties resulting in new legal relations: ( (2) the physical document executed by the parties as the lasting evidence of their having performed the necessary operative acts and also as an operative fact in itself: (3) the legal relations resulting from the operative acts, consisting of a right or rights in personam and their corresponding duties, accompanied by certain powers, ..... air 2006 sc 980, rameshwar prasad and others versus union of india and others, while considering the matter with regard to appointment of governor, their lordships of hon'ble supreme court noted the factual position that raj bhawans are increasingly turning into extensions of party offices and the governors are behaving like party functionaries of a particular party. ..... into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills or credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. ..... of revenue, trivandrum; air 1964 sc 207; ashok leyland ..... and other, air 1964 sc 358; barium ..... in air 1964 sc 207 south india corporation (p) limited versus secretary, board of revenue, travandrum and another, while considering the words, "subject to other provisions of the constitution", their lordships ruled that if there .....

Saraswati Inter College Pipalheda, Muzaffar Nagar Vs. State of U.P.

Court : Allahabad

..... the court has therefore an obligation to not leave the dispute with a mere decision or a judgment but also to impose an exemplary penalty, which may not only act as a deterrent to prevent any further such mistakes that tend to destroy the faith of the public, but shall also help in discouraging any such mala-fide action to be undertaken by administrative authorities. ..... the joint director of education is yogendra nath singh who has filed a exemption application alongwith an affidavit and in paragraph 4 thereof has tendered an unconditional apology reciting that he has realized his mistake and that the order under challenge was untenable in law. ..... the court being custodian of the fundamental rights guaranteed under the constitution, therefore, is under an obligation to rectify the error and to call upon the authorities to remind themselves of the aforesaid principles as said by shakespeare in act ii scene 4 in king lear quoted herein under: "o, sir, to wilful men the injuries that they themselves procure must be their school masters. ..... bheem singh, the district inspector of schools whose actions have resulted in substantial injury to the petitioner and infringement of his legal and fundamental rights guaranteed under law. ..... it is further to be noted that so far as the petitioner institution is concerned there is no reason in the impugned order that the committee had defaulted to carry out any directions issued by the educational authorities. ..... , air 1964 sc 358; chettian vettil ammad vs. .....

Ajai Kumar Gupta Vs. Usha Sharma

Court : Allahabad

..... on the second and third ingredients having regard to the restriction on the rights of a transferee for joint possession and the dominant purpose of the second paragraph of section 44 of the act, there is danger of an injury or violation of the corresponding rights of the other members of the family and an irreparable harm to the plaintiff and the court's interference is necessary to protect ..... held: "if in this state of things, a member of the family transfers his share in the dwelling house to a stranger paragraph 2 of section 44 of the transfer of property act comes into play and the transferee does not become entitled to joint possession or any joint enjoyment of the dwelling house although he would have the right to enforce a partition of his ..... laid down that leaving aside the rules as to burden of proof which are peculiar to the proof of testamentary instruments, the normal rule which governs any legal proceeding is that the burden of proof of a fact in issue lies on him who asserts it and not on whom who denies it. ..... the main part of section 68 of the indian evidence act puts an obligation on the party tendering any document that unless at least one attesting witness has been called for proving such execution the same shall not be ..... before saying omega to the case, it may be noted that this court on 9th may, 2005 passed a conditional stay order while admitting the appeal, staying the operation of the decree of court below on the condition of depositing of rs.15,000/- per ..... 1964 .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... read with section 17(1) and/or 17(4), the high court should insist upon filing of reply affidavit by the respondents and production of the relevant records and carefully scrutinize the same before pronouncing upon legality of the impugned notification/action because a negative result without examining the relevant records to find out whether the competent authority had formed a bona fide opinion on the issue of invoking the ..... who was required to consider all aspects and no reasons/recommendations having been there in the notings of the officers of the state government as noticed above, there was no material on record to dispense with the inquiry under section 5a of the act; (iii) even assuming without admitting that reasons given by the gnoida in its note of justification for issuing notification under section 4/17 were considered and relied by the state government ..... once such an area is a deemed notified area under the gujarat municipalities act, 1964, it is equated with an industrial township under part ixa of the constitution, where ..... the interveners have obtained allotment in open tender proceedings and after getting allotment got possession from the authority and after getting the necessary approval/sanction of plan have made ..... . it is submitted that even if 80% compensation is not tendered/paid to the land holder, acquisition shall not be vitiated, reliance has again been placed on judgment of sateyendra prasad jain (supra) as well as the judgment of the apex court in .....

Sharad Tripathi Vs. Bhishm Shanker Alias Kushal Tiwari and Others

Court : Allahabad

..... 21 to 23 and 25 to 34 becomes frivolous and vexatious for the reason that returning officer was not supposed to make entries on the basis of what was allegedly noted by the counting agents of the candidate but he was under the liability and obliged to prepare form 20 on the basis of entries contained in from 17c. ..... machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election. ..... as detailed in this election petition subsequently there was improper refusal and reception of votes and non compliance of the provisions of the aforesaid act and the rules and orders made there under and the directions issued by the election commission as a result of which the respondent no.1 ..... dhartipakar madan lal agarwal (supra) the apex court also said that these authorities have settled the legal position that an election petition is liable to be dismissed in limine at the initial stage if ..... the number of tendered votes polled, if any, at a polling station should also be noted in the appropriate ..... member, election tribunal, hyderabad, air 1964 sc 1027, the court said: "an election petition was not to be equated to an action at law or in equity, but that as the rights were purely the creature of statute, if .....

Narendra Road Lines Pvt. Ltd. Vs. State of Up, and ors.

Court : Allahabad

..... regard under rule 4 of the rules for his own purposes nor the land vests in the company and it is on certain terms for which the power is possessed by the authority under the transfer of property act, the company has been given the land which has to come back to the authority at a particular point of time and thus submission that acquisition was for company for the purpose of company, at the ..... government or the yeida to have a specific scheme or plan prior to starting the acquisition proceedings;there was sufficient material before the state government to invoke the urgency provisions enshrined in section 17 of the act, 1894;the subjective satisfaction was arrived at by the government upon relevant material being placed before it; considering the advanced stage at which the project had reached and was nearing completion coupled with ..... the decision is not permissible where the findings are recorded by an authority on the basis of legal evidence and the said findings are not based either on ipsi dixit or conjectures or surmises ..... . the court did not find any fault with tender process or the terms of contract, and held that the terms are not unconscionable or ..... and concerned authorities agreed with the office note, giving details of the material on the file with the recommendation of the district magistrate to invoke section 17 (4) and to dispense with the enquiry under section 5 a of the act. ..... state of uttar pradesh and others (1964) 3 scr 425; jai narain ..... pradesh and others air 1964 sc 1217). .....

Noor Mohammad S/O Late Humman and ors. Vs. State of U.P. Thru Prin. Se ...

Court : Allahabad

..... up any land for cultivation or any other purpose;(i) in contravention of any rules made in this behalf by the state government hunts, shoots, fishes, poisons water or sets traps or snares; or(j) in any area in which the elephants preservation act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of any rules so made, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred ..... crop, including any sum recoverable thereunder for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other forest produce by auction or by invitation of tenders issued by or under the authority of a forest officer and all compensation awarded to the state government under this act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue.10. ..... per incurrium means in ignorance of or without taking note of some statutory provisions or the judgement of honble supreme court or the larger bench, vide; : 2003 (5) scc 448, state of bihar v. ..... the aforesaid settled legal proposition is based on a legal maxim 'expressio unius est exclusio alterius', meaning thereby that if a statute provides for a thing to be done in a particular, then it has to be done in that manner and in no other manner and following other course is not permissible. ..... : air 1964 sc 358; nika ram v. .....

Nav Nirman thekedar Kalyan Assn. and anr. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2010(1)AWC74

..... sought to challenge two standing orders made by the municipal commissioner of the municipal corporation of the city of ahmedabad, in exercise of his powers under section 466(1)(d)(b) of the bombay provincial municipal corporation act, 1949 directing that the municipal slaughter houses should be kept open for use on all days except on seven days mentioned in the two standing orders. 26 ..... . though learned counsel for the respondent started by attempting such a justification by invoking section 12 of the indian police act he gave this up and conceded that the regulations contained in chapter xx had no such statutory basis but were merely executive or departmental instructions framed for ..... . pausing here it is necessary to point out that the second point urged is without any legal basis for if the petitioner were able to establish that the impugned regulations constitute an infringement of any of the freedoms guaranteed to him by the constitution then the only manner in which ..... . he then contended that 'other backward classes' defined under the state public services reservation act applicable to and covering the public services, they are being induced as members of the society which are otherwise not eligible and, therefore, the induction of them by amendment of ..... inviting tender for supply of high security registration plates for motor vehicles by the state government for implementing the provisions of the motor vehicles act, ..... state of assam : air 1964 sc 925; municipal corporation of .....

National Insurance Co. Ltd. Etc. Vs. Jitendra Kumar and anr.

Court : Allahabad

Reported in : AIR2009All70

..... in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of an in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee--(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods carriage, being ..... there the supreme court has taken note of both the judgments in paragraph 8 therein and again held in paragraph 16 that in the case of inderjit kaur (supra) although the three judges bench of the supreme court opined that by applying the provisions of the motor vehicles act, 1988, the insurance company is liable to indemnify third party in respect of the policy and to satisfy the award of the compensation in respect of award thereof but the ..... --where the premium is tendered by postal money order or cheque sent by post, the risk may be assumed on the date on which the money order is booked or the cheque is posted, as the ..... pessumal dhanamal aswani : [1964]7scr867 the rights of the third party to get indemnified can be exercised only against the insurer ..... scheme of the act such assurance is to be given not only to the insured but also to the third parties who sustained injury or succumbed death due to road accident and their legal representatives. .....