Court : Allahabad
Reported in : AIR1957All369
..... his officials, and that therefore the suits were barred by estoppel. it was further held that the agreements signed by the defendants and delivered to the raja were perfectly valid and binding on them and they were not vitiated by undue influence. the learned munsif found that the plaintiff being only one of the two lessees was not entitled ..... gorakh prasad of his proprietary rights. this document does not contravene the provisions of section 107 of the transfer of property act and there does not appear to be any reason why it should not operate as a valid perpetual lease of the land in dispute in favour of gorakh prasad. as such gorakh prasad was the person entitled to ..... to whether the notice given by gorakh prasad allowing only one week's time to the defendants to vacate was valid or not and the other question as to whether a notice under section 106 of the transfer of property act was essential would depend on whether the position of the defendants is that of lessees or licensees.7. the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3680
..... above stated facts and in the light of the discussion regarding the correct interpretation of section 20 of the contempt of courts act, it follows that the action taken by the special court to punish the appellant for contempt was valid....14. since the apex court in pallav sheth (supra) held that the application was filed within time, it did not consider ..... court to condone the delay. based thereon he submitted that it cannot be said that act, 1971 is a complete code in all respect, inasmuch as, if for the purpose of appeal under section 19 power to condone delay under section 5 of act, 1963 can be validly applied, there is no reason to exclude the same for the purpose of condoning delay .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All393
..... upon the plaintiffs to establish that the acknowledgment in the khewat of 1852 was a valid acknowledgment under act 14 of 1859. the conditions for a valid acknowledgment under act 14 of 1859 are materially different from the conditions for a valid acknowledgment under subsequent limitation acts, 9 of 1871, 15 of 1877 and 9 of 1908. one noticeable change is ..... no period of limitation prescribed for redemption suits or when the mortgage was subsisting on account of period of grace granted by section 18 of act 14 of 1859, is not a valid acknowledgment within the meaning of clause (15) and cannot save time for redemption suits beyond the period of grace given by section 18 ..... familiar with the law of limitation in relation to redemption of old mort gages and in relation to validity of their acknowledgments when a period of limitation was for the first time introduced with regard to mortgages by act 14 of 1859 and when the law relating to their acknowledgments was the subject of such conflicting .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All590; 150Ind.Cas.411
..... of the fact that the property has become vested in other coparceners, some of whom are not personally liable to discharge the debt. but there seems to be no valid ground for drawing any such distinction. the pious obligation of the son to discharge his father's debt must subsist in both cases. if the undivided interest of the ..... the authorities which they then considered. for example, a transfer may be upheld not only on the ground of legal necessity but also if the transferee proves that he bad acted in good faith and had taken the transfer after having made adequate enquiry as to the existence of legal necessity. it has been held, at least in this court, ..... of the hindu son to pay the debt even out of his own property was at one time enforced which necessitated the enactment of the hindu liability for ancestors debts act (1866). in these provinces however the 'liability does not appear to have been enforced except as against the joint property. dr. jha in his learned treatise on hindu .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2470
R.B. Misra, J.1. Heard Sri Manoj Kumar Sharma, learneed Counsel for the petitioner and Sri H.R. Mishra, learneed Counsel for the respondent, Ghaziabad Development Authority. 2. In this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/Ghaziabad Development Authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class IV category i.e., to the post of peon or Security Guard and for payment of arrears of salary in the regular pay scale like other employees since the month of March, 1994.3. Brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. He filed Writ Petition No. 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the Government Order dated 21.10.1989 claiming that some juniors to ...
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All304
..... in 'mrs. lilawati v. state of madhya bharat' air 1952 madh b 105. the disciplinary rules were made prior to the commencement of the constitution, and assuming they were validly made they can, in our opinion, have no greater effect or stand on a higher rooting than rules made by the governor under article 309. these rules (except rule ..... the finding quoted above which held him guilty of the offence stated in the charge. it may be that any consideration of some previous act of remissness of duty on 15-8-1956 may affect the; validity of the enquiry officer's finding. but i am unable to agree that the petitioner has been convicted of an offence different from ..... the one he was charged with. whether the conviction is legal is another matter,34. i shall now consider the last contention of the petitioner that he was not guilty of any offence under the police act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All59
..... the administration of its affairs he was only a petty proprietor and not a co-sharer. that case no doubt depended on the language of the agra pre-emption act but that act merely reproduced what was well recognised as the meaning of a plot proprietor as against a zamindar or a co-sharer.22. the decision of harish chandra and p ..... defeat the claim. ultimately the legislature had to step in in the year 1951 and pass an act, the u. p. abolition of zar-e-chaharum act, 1951 (u. p. act 30 of 1951), that such demands are illegal, whether based on custom or contract. this act is not retrospective and does not, therefore, apply to this case.19. coming now to the question .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All29
..... to refer the parties for decision of that question to the civil court. the two cases therefore differ very greatly, and we do not consider that there is any validity in the plea put forward that the entry of mt. ram peary in the partition patti was an entry which was merely for her consolation. we consider that it ..... effect that the materials before the learned single judge of this court were not sufficient to establish the facts under which a bar under section 233 (k), land revenue act could be established; but there is no allegation in the grounds of appeal of this letters patent appeal to that effect, nor was there any argument on that ..... learned single judge of this court dismissing the suit of the plaintiffs on the ground that that suit is barred by the provisions of section 233, (k), land revenue act. the facts are that the plaintiffs sued for possession of seven-eighths of certain zamindari property in the possession of mt. gurdei, defendant 2 claiming that plaintiffs and defendant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All407; 147Ind.Cas.926
..... two classes of wakf. one is public and the other is private. a public wakf is one for a public religious or charitable object. a private wakf is one for the benefit of the settlor's family and his. descendants. under the musalmanwakf validating act of 1913 a mahomedan. may settle' the whole income ..... of the-endowed property for the maintenance-and support of himself and his descendants from generation to generation,., provided that there is an ultimate gift, to charity. to hold that a mutwalli. holding a wakf property in a wakf of this kind is not ..... with the plea that they (the mutwallis) were not cosharers. in other words, the provisions of the u. p. land revenue act and agra tenancy act would not, be applicable' to those persons holding shares in wakf villages. we are not prepared to hold that this is a sound view of rent law.7. in mahomedan law, there are .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All148
..... it is common ground that the trust is a trust for public religious purposes. it is common ground that the scheme settled by the court in 1933 was a valid and legally proper scheme under section 92, civil p.c. what in reality the plaintiff-appellants seek to do is either to have that scheme varied or else to ..... the same solution, but he did not actually reach it. sub-section (2) of section 92, civil p.c., provides that:save as provided by the religious endowments act, 1863, no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in ..... now neither here nor there. the next step was that the committee of management, who, of course, are the defendant respondents, took proceedings under section 9, specific relief act, to recover possession upon the footing that they had been dispossessed without their consent otherwise than in due course of law. they succeeded in those proceedings under the specific belief .....
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