Court : Allahabad
Reported in : AIR1978All82
..... civil laws (amendment) act, 1972 decreed the ..... civil laws (amendment) act (u. ..... full cost of the suit, no decree for eviction shall be passed except on any of the grounds mentioned in the proviso to sub-section (1) or in clauses (g) to (h) of sub-section (2) of section 20, and the parties shall be entitled to make necessary amendment in their pleadings and to adduce additional evidence where necessary: provided that a tenant, the rent payable by whom does not exceed twenty-five rupees per month, need not deposit any interest as aforesaid.' 4. ..... went on to urge that since no suit was pending on the 15th of july, 1972 because there was no plaintiff in the suit on that date, the applicant was entitled to make the deposits envisaged by section 39 of the act within one month of the 11th of may, 1973 when he must have appeared and acquired knowledge of the suit since it was on that date that he became a party to that suit. ..... by the 14th of april, 1973 which was nearly a month prior to the 11th of may, 1973, the defendant applicant had already deposited in court an amount exceeding what he was required to do in compliance with section 39 of the act and consequently the courts below acted illegally and without jurisdiction in not relieving him from the liability of ejectment from the disputed premises.3. ..... buildings (regulation of letting, rent and eviction) act, 1972 and since he had made the requisite deposit within the time allowed by law, a decree for his ejectment could not be passed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All551
..... civil laws (amendment) act, 1970. ..... dated 18th march, 1964 praying for setting aside the abatement did not contain a formal prayer for condoning the delay did not bear the court from treating it as an application under section 5, limitation act and from taking into account the relevant material on record for the purpose of deciding as to whether the applicant had sufficient cause for condonation of delay in making the application for substitution and for applying ..... in support of the contention that a formal application under section 5 of the limitation act is not necessary to enable the court to decide whether delay deserves to be condoned or not learned counsel appearing on behalf of the applicant has relied on the decision of the punjab high court in firm kaura mal bishan das v. ..... the learned judge further held that limitation had expired long back and no application under section 5 limitation act had been made for condoning the delay. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All27
..... the result of such enquiry and the additional evidence shall be certified to the high court by the district judge, and the high court shall thereupon make an order confirming the decree for dissolution of marriage, or such other order as to the court seems fit; provided that no decree shall be confirmed under this section till after the expiration of such time, not less than six months from the pronouncing thereof, as ..... article 227 of the constitution as amended by the constitution (forty-second amendment) act, 1976, so far as is material for the purpose of this case, reads as under :--'227. ..... learned counsel for the petitioner was not able to refer to any provision of law under which such petition would lie. ..... we direct him to decide the application in accordance with law and the observations made by us. ..... it would, however, be open to the petitioner to seek such amendmentas she may be advised when the matter goes back and it will be for the court below to deal with such request in accordance with law.8. ..... high court cannot only quash 'an order, as in the present case, as being without jurisdiction, but can also issue further appropriate directions such as for the remand of the case and its decision in accordance with law. ..... the primary object of this supervisory jurisdiction of the high court, according to the consensus of authorities, is that the courts over which the high court has such superintendence must be kept within the bounds of law. .....
Tag this Judgment!Court : Allahabad
Reported in : [1978]113ITR330(All)
..... ultimately held that the inspecting assistant commissioner was not justified in levying a penalty equal to the difference between the income assessed and returned by invoking the explanation to section 271(1)(c) after its amendment on april 1, 1968, it was further observed that the inspecting assistant commissioner had no jurisdiction since the minimum penalty imposable was less than rs. ..... data ram satpal : [1975]99itr507(all) a division bench of this court held:'the principle that the law applicable under the income-tax act to a particular assessment year is the law prevailing on the first day of april of that year does not apply to penalty proceedings, as penalty proceedings are not part of the ..... the same principle is, in our opinion, applicable to the amendment made to clause (iii) of section 271(1) and section ..... the question of law, therefore, is whether the unamended or the amended clause (iii) of section 271(1) was applicable to the ..... it is clause (iii) of the section itself which was amended with effect from 1st of april, 1968, previously clause (iii) provided for a penalty which shall not be less than 20% but not more than one-half of the ..... that the amendment could not apply to assessment years prior to the coming into force of the amendment, although the return of income had been filed after the amendment had commenced operation ..... the tribunal that the inspecting assistant commissioner has considered the explanation as amended on april 1, 1968, does not appear to be correct. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All201
..... prior to the amendment of section 100 by the 1956 amending act, what was section 100(1)(c) in the above section is now 100(1)(d) after amendment. ..... the high court must be satisfied firstly that there has been a non-compliance with the provisions of law and secondly, that the result of the election, in so far as it concerns a returned candidate, has ..... it was, therefore, rightly urged that the returning officer had acted in accordance with law in allotting the reserved symbol of 'haldhar within wheel' to ..... the finding that there has been no breach of any provision of law, the question of the election having been materially affected does not ..... if the high court is of the opinion that the result of the election, in so far as it concerns a returned candidate, has been materially affected by any non-compliance of the law, the high court shall declare the election of such a candidate to be void. ..... deo chandra (air 1954 sc 513), had laid down the law on the above point:'the casting of votes at an election depends upon a variety of factors and it is not possible for any one to predicate how many or which proportion of the votes will go to one or the ..... the said allotment would be not in accordance with law if the election commission issued any direction or instruction ..... the consideration it deserves i am satisfied that the election commission had power to revise the allotment, of symbol and the instructions issued by it were not contrary to the law and did not violate any provisions of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All255
..... the learned additional district and sessions judge, who heard the appeal, took notice of the amendment of section 13 of the hindu marriage act as brought about by act 68 of 1976 and observed that, after the amendment, cruelty simpliciter was a sufficient ground for divorce and it was not necessary that such an act should be repeated or persistent. ..... the words in section 28 'and may be appealed from under any law for the time being in force', as i read that section, have reference only to the forum of appeal and the procedure to govern such appeals', (underlining is by me)the fact that, in view of the provisions of section 28 of the hindu marriage act, an appeal would also lie against the appellate decree or order, also finds support from some observations made in patel dharamshi premji v ..... counsel pointed out that the only provision contained in the hindu marriage act in regard to appeals is that contained in section 28 thereof which states that decrees and orders made in any proceeding under the hindu marriage act may be appealed from under any law for the time being in force. ..... separation in favour of the respondent mainly on the following two grounds :(i) that the appellant made a false allegation in her written statement to the effect that the respondent was having adulterous relations with his sister-in-law which amounted to an act of cruelty, and (ii) that the appellant made a false allegation against the respondent of having administered poison to her which too amounted .....
Tag this Judgment!Court : Allahabad
Reported in : [1978]114ITR834(All)
..... on march 4, 1976, the petitioner-received a letter from the office of the commissioner of income-tax that as the provisions of the income-tax act had been amended by the taxation laws (amendment) act, 1975, the application filed by the petitioner earlier under section 271(4a) of the act had become infructuous and that the petitioner should, therefore, file, if so advised, a fresh application for waiver under the newly added section of the income-tax act. ..... in fact, out of the two notings made in the file, one of them recommends that, since the requirements of section 273a of the act had been made out, the prayer for the waiver of penalty could be accepted. ..... in the instant case, it would be seen that under section 273a of the act the commissioner of income-tax is required to decide an application filed under that provision objectively by taking into account the factors mentioned therein. ..... then the petitioner filed an application under section 273a of the act to the commissioner of income-tax making a prayer for the waiver of the penalty on the ground that as he had voluntarily and in good faith filed returns before the income-tax officer and got the assessment ..... it is not suggested that the commissioner of income-tax should give detailed or elaborate order in the manner like that of a court of law but one expects from an authority like the commissioner of income-tax to give explicit and clear reasons for not accepting a prayer made under section 273a of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : [1981]129ITR473(All)
..... case, the orders of penalty passed by the iac on 17-3-1973 were within time and within his jurisdiction having regard to the provisions contained in sections 274 and 275 of the income-tax act, 1961, and the amendments effected to those sections by the taxation laws (amendment) act of 1970?'2. ..... that the penalty proceedings were time barred, on the view that as the limitation for passing the penalty order had been extended by an amending act with effect from april 1, 1971, i.e. ..... ) decided by us today (since reported in : [1979]116itr215(all) ), we have held that after the amendment to section 274(2) of the act, the ito alone had jurisdiction to impose penalty in cases where the concealment or furnishing of inaccurate particulars is ..... however, accepted the alternative contention raised on behalf of the assessee that with the amendment of section 274(2) of the act, it was the ito who had jurisdiction to pass a penalty order, and ..... urged that as the assessment orders were passed on december 11, 1970, the penalty could be imposed only within a period of two years from the completion of the assessment in view of section 275(2) of the act as it stood before its amendment on april 1, 1971. ..... to the question as to whether the iac could pass the impugned penalty order in view of the amendment to section 274(2). in i.t.r. no. ..... the ito for both those years on december 11, 1970, and the matter was referred to the iac under section 274(2) of the act as the minimum penalty imposable was more than rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All110
..... on the assumption that section 9 of the civil laws amendment act, 1972, did not apply to the said suit shall be deemed to have been validly decided as if the said section did not apply to such suits ..... civil laws (amendment) act, 1972, shall apply and shall be deemed always to have applied in relation to suits of the nature referred to therein which before the commencement of that act had been transferred to a competent court and were pending immediately before the date of commencement of that act in such transferee court as they apply in relation to suits which were pending in the court in which they were instituted ..... civil laws amendment act came into ..... civil laws amendment act, 1972 ..... civil laws amendment act, 1972, and the commencement of u. p ..... civil laws amendment act, 1972, and the decree if any passed by the judge, small cause court, on transfer of a suit was without jurisdiction ..... civil laws amendment act, 1972, the plaintiff-applicant's suit was transferred from the court of the iii additional munsif to the judge, small cause court ..... civil laws (amendment) act, 1972 (u. ..... the suit was transferred to the file of the judge, small cause court in view of section 9 of the civil laws (amendment) act. ..... i find no difficulty in accepting the contention that a review application would be maintainable if the law is amended with retrospective effect and it is the duty of the court to give full effect to the retrospective legislation provided the review application is made within the period of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All25
..... , learned counsel, in support of his preliminary objection about the non-maintainability of the present habeas corpus petition has relied upon sub-clause (3) of article 226 of the constitution of india as amended by the 42nd amendment act of 1'976. ..... , the immediate welfare of the two infant sons is of urgent concern of this court in the particular circumstances of this case, namely, that respondent masood ahmad jafri has taken a second wife in marriage and that the two infant sons are being kept by the respondent no. ..... -clause (3) of article 226 as amended is as under:--'no petition for the redress of any injury referred to in sub-clause (b) or sub-clause (c) of clause (1) shall be entertained if any other remedy for such redress is provided for by or under any other law for the time being in force. ..... in the instant case the contesting parties are governed by the hanafi mohammedan law and the mother is entitled to the custody (hizanat) of her infant sons up to the age of seven years, and this right of the mother continues even if she is divorced by the father of the child and is lost only ..... a writ petition, the court will have to examine the facts and circumstances of each case and the redressed that is sought and the nature of the other remedy that may be available under any other law for the time being in force. ..... -clause (3) of article 226 only bars a habeas corpus petition 'if any other remedy for such redress is provided for by or under any other law for the time being in force. .....
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