Court : Allahabad
Reported in : AIR1980All69
..... facts that the division bench observed that the amount which the landlord could be said to get from the premises would be equal to the maximum permissible rent under the control of rent and eviction act and that he was not entitled to anything more under the guise of damages on the alleged basis of high offers of rent to him by persons who may not have any chance of getting an allotment made in their favour ..... this judgment, therefore, does indicate that their lordships of the supreme court were of the view that the rent permissible under the rent act would not necessarily determine the rate of mesne profits and that the present rental value of the property would determine the rate at which mesne profits were to be awarded to the owner of the building against a ..... existing rent would determine the future mesne profits or the rent permissible under the rent act would govern the future mesne profits was not specifically decided but it is obvious that if their lordships had taken the view that future mesne profits were to be payable in accordance with the rent payable under the rent act there was no question of allowing the appeal and remanding the case to the trial ..... it would thus be seen that under the provisions of the act it is permissible and possible for the landlord to get rent at a rate higher than the reasonable rent defined under section 2 (f) ..... the trial court had taken the view that the rent payable under the rent act should determine the rate of future mesne profits also. .....
Tag this Judgment!Court : Allahabad
Reported in : 5Ind.Cas.529
..... on the 25th of june 1896, they deposited what they considered to be the mortgage money in court and called upon the respondents, under section 83, transfer of property act, to accept the money deposited in full discharge of the amount due on the mortgage and for delivery of the mortgage deed. ..... with reference to the collection charges and the nankar allowance which the judgment-debtors sought to set off against the amount awarded as mesne profits, the court held that under section 76, transfer of property act, no such charges were allowed. ..... we now turn to the objections filed by the respondents under order 41, rule 22, of act no. ..... as regards the costs of collection, the provisions of section 76, clause (1) of act no. ..... as regards interest we find ourselves concluded by the definition contained in section 2, clause (12) of act no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All78
..... . excise (third amendment) act of 1970 as substantially re-enacting the void section 20 (4) of the excise act, 1910, all that this amending act did was to introduce two new sections (20-a and 20-b), purporting to lay down guidelines for the implementation of section ..... is placed on the following passage in the judgment of the full bench in the aforementioned case:--'there is fundamental difference between a still-born act and an act of which only some particular provision is invalid or is rendered invalid due to some defect or lacuna- in the absence of any express bar or inherent incompetence, the power to remove the defect by appropriate amendment act or ordinance, as the case may be, with retrospective effect must be held to be inherent in the legislative power itself. ..... figure it chose, was amended in 1952 by means of section 2 of the east punjab general sales tax (second amendment) act, which ran as follows:--'in sub-section (1) of section 5 of the east punjab general sales tax act, 1948, after the word 'rates' the following words shall be inserted and shall be deemed always to have been so inserted, namely:-- 'not exceeding two pice in a rupee'.'the comment made by the supreme court ..... undoubtedly appears to be necessary;but it has to be borne in mind that in certain cases it may be possible to argue that an amendment act which does not specifically re-enact a void section in so many words, may nevertheless be construed as amounting to substantial re-enactment of the section. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All50; 52Ind.Cas.644
..... 1029 in which a bench of the calcutta high court laid down that the word 'shawls' in the second schedule of act ix of 1890 could only refer to indian shawls of special value and could not be taken to apply to shawls of inferior ..... contention on the other side is that the word 'lace' in the second schedule of act ix of 1890 means hand made lace and not machine made lace. ..... the passing of the amending act excludes machine made lace from the operation of the carriers act in england, but in the indian railways act the word 'lace' must necessarily include both hand made lace and machine made ..... this was an act to amend the carriers act in england and this section laid down that where the word 'lace' was used in the carriers act it was to be construed as not including machine made lace, but the fact that this amending act was passed is no authority for an interpretation that the word 'lace' standing by itself does not include machine made ..... in order to avoid liability under the provisions of section 75, act ix of 189c, a railway company has to establish two ..... i interpret the amending act, it simply excludes from the provisions of the carriers act machine made lace. ..... railway company pleaded that under the provisions of section 75, act ix of 1890, it was not liable.3. ..... had the act not been passed, machine made lace would have been included in the ..... if the act contained the word 'boots', it could hardly be contested seriously that the word 'boots' means only hand made boots and excludes machine made .....
Tag this Judgment!Court : Allahabad
Reported in : (1920)ILR42All76
..... 1029, in which a bench of the calcutta high court laid down that the word 'shawls ' in the second schedule of act ix of 1890 could only refer to indian shawls of special value and could not be taken to apply to shawls of inferior value. ..... the contention on the other side is that the word ' lace ' in the second schedule to act ix of 1890 means hand-made lace and not machine-made lace. ..... the passing of the amending act excludes machine-made lace from the operation of the carriers' act in england, but in the indian railways act the word ' lace ' must necessarily include both hand-made lace and machine-made lace. ..... this was an act to amend the carriers' act in england, and this section laid down that where the word ' lace ' was used in the carriers' act it was to be construed as not including machine-made lace, but the fact that this amending act was passed is no authority for an interpretation that the word ' lace ' standingly itself does not include machine-made lace. ..... as i interpret the amending act, it simply excludes from the provisions of the carriers' act machine-made lace. ..... had the act not been passed, machine-made lace would have been included in the provision. ..... if the act contained the word ' boots, ' it could hardly be contested seriously that the word 'boots' means only hand-made boots and excludes machine-made boots. ..... in order to avoid liability under the provisions of section 75 of act no. ..... the railway company pleaded that under the provisions of section 75 of act no. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC290
..... in clause 6, it was further provided that the licensee would not be entitled to take recourse to any court of law in case he was aggrieved by any act of the receiver in connection with the licence and would always abide by the decision of the court of civil judge, agra. ..... , who agreed with the majority judgment, also observed in paragraph 100 that it is a well-settled position in law that an act of the court should not injure any of the suitors, remembering the privy council decision in alexander rodger v. ..... it was provided that the provision of transfer of property act regarding lease or for termination of tenancy was not to apply to the licence granted to late hari kishan gupta and he will be evictable at any time if the licence was revoked under the orders of the civil judge. ..... (1871) 3 pc 465, that whenever the expression 'act of the court' is used, it means act of the court as a whole. b. c. ..... the maxim curiae neminem cravabit an act of the court shall prejudice no one, stands recognised by seven judges' bench of the apex court in the case of a. r. ..... meaning thereby that an act of the court shall prejudice no one. ..... late hari kishan gupta has expressly yielded to the right of re-entry and had also waived his right to get any notice under section 106 of the transfer of property act. ..... 197 of 1984 came to be registered, is barred by limitation under the provisions of article 137 of the limitation act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1923All466; (1923)ILR45All364; 73Ind.Cas.413
..... both the maximum and the minimum are fixed by statute, this provision is nugatory and might as well be struck out, of the act in every case in which a man is earning his income by salary to which section 60 of the code is applicable. ..... indeed the contention is that this sub-section of the insolvency act is unworkable in the case of a person paid by salary, and; therefore, cannot be held to apply to him ..... the combined operation, therefore, of section 28(5) of the provincial insolvency act and section 60(i)(iii) is to make only half his salary divisible amongst ..... section 66, sub-section (2), of the provincial insolvency act provides that the court may from time to time 'make such allowance as it may think just to the insolvent out of his property for the support of himself and his family, and such allowance may ..... leave was required under the act, as the counsel for the insolvent rightly objected, and was not applied for until a late stage of the proceedings, and the matter of leave was referred to the court hearing ..... clearly includes that part of his property, or, in other words, his half salary, which by the joint operation of the two sections already referred to becomes divisible amongst the creditors under section 28 of the insolvency act. ..... body of creditors against an order of the district judge of allahabad making a personal allowance to the insolvent out of his property for the support of himself and his family, under section 66, sub-section 2, of the provincial insolvency act no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2008All51; 2007(4)AWC159
..... as the appeal before the debt recovery tribunal is the order of recovery officer, which is also incapable of valuation, therefore, in absence of any proviso under rddb & fi act, if an appeal is filed, the court fees payable by the person concerned will be only rs. ..... application fee- (1) every application under section 19(1), or section 19(2), or section 19(8), or section 30(1) of the act, or interlocutory application or application for review of decision of the tribunal shall be accompanied by a fee provided in the sub-rule (2) and such fee may be remitted through a crossed bank demand draft drawn on a bank or indian postal order in ..... that in the absence of any specific provision under the rddb & fi act, 1993, we can look into the analogue provisions for the payment of court fee in tamil nadu court fee ..... and suits valuation act, 1955 ('tamil nadu act xiv of 1955) ..... 125(b) against a final order 50% of fee payable at rates as excluding review for applicable on the applications undercorrection of clerical or section 19(1) or 19(8) of the act, arithmetical mistakes subject to a maximum of rs. ..... section 52 of the said act deals with the appeals, which states ' the fee payable in an appeal shall be the same as the fee that would be payable in the court of first instance on the subject-matter of the appeal ..... to counter claim under section 19(8) of the act- (a) where the amount of rs. ..... application for recovery of, debts due under section 19(1)or section 19(2) of the act (a) where amount of debt rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All140
..... that the dispute relating to election of the office bearers or members of the mission can be decided under the provisions of the societies registration act itself which provides for complete machinery to deal with the election dispute and, therefore, the suit is not maintainable. ..... he further submitted that the suit is barred by the provisions of sections 34 and 41 of the specific relief act as the dispute is essentially regarding the president of the society which can be adjudicated in the reference made by the registrar and, therefore, no ..... so far as the question as to whether the suit is barred by the provisions of the societies registration act is concerned, it may be stated that according to the plaint allegations, the petitioner who is defendant in the suit, had not been successful in his effort to claim himself as president of the mission as legally elected, ..... submitted that even if the plaintiff respondents are treated to be as members of the mission, section 6 of the act provides the manner in which the suit by or against the society can be filed. ..... , members have been defined under section 15 of the act and since the plaintiffs have not been admitted to be members of the mission in accordance with the section 15 of the act, they have no right qr authority to file the ..... maharaj, babuji maharaj along with other disciples formed a society in the year 1945 which was registered under the provisions of the societies registration act in the name and style of shri ram chandra mission. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All127
..... sampatti on account of a decree for a maintenance which she had obtained, expenses in defending a case filed by a certain arya sabha, some expenses in a profits case, some expenses in a case under the encumbered estates act, expenses in a case for the partition of zamindari villages, expenses in suits for the recovery of arrears of rent, expenses in connection with an application for the execution of a decree and in a suit filed by one ganesh prasad, expenses in connection ..... it is unnecessary to consider whether the claim was rejected on adequate grounds because the agriculturists' relief act has now been re-pealed and if she is entitled to any relief it is under the provisions of the debt redemption act which are in force now that we come to pass a decree against her. ..... learned counsel on her behalf alleged that she had alienated this village in the year 1941, but as the question would turn upon her status at the date when the debt redemption act was passed, this alienation does not affect the issue. ..... it seems to us, therefore, that the learned judge was not justified in acting upon the technical ground that the account books were no evidence to attach a liability to mt ..... the question whether she is entitled to relief under this act depends upon the amount that she pays by way of local rate ..... as the partition took place after the debt redemption act came into force the amounts of cesses payable by mt ..... makhna devi and ram narain had acted in concert, but after the decree was passed mt .....
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