Court : Allahabad
Reported in : AIR1956All503
..... .7. in order to appreciate the first contention of the petitioner, it is necessary to refer to some of the provisions of the ordinances framed under the allahabad university act, 1921. ordinance 13, chap. xxvii of the ordinance is as follows :'if the fees or any fine due from a student remain unpaid for three months after ..... in our opinion, there is no force in the second contention raised by the petitioner. section 9, allahabad university act, 1921 lays down that the vice-chancellor shall be one of the officers of the university. section 12 of the act lays down the powers and the duties of the vice-chancellor and in sub-section (2) of the ..... discipline of an institution.in the present case, the vice-chancellor passed the order expelling the petitioner from the university and acted upon the report of the proctors. according to the counter-affidavit filed on behalf of the university, it is clear that the junior proctors, who were present in the meeting addressed by the petitioner, reported .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All575
..... adverse possession lies heavily on the party setting it up. where, therefore, a defendant sets up the plea of adverse possession, under article 144, limitation act, the burden would be upon the defendant to establish the necessary ingredients of adverse possession namely, that such adverse possession was throughout hostile, open, adverse, ..... will not, therefore, be applicable in the present case. learned counsel referred, to . this case only lays down the proposition that where article 131. limitation act, is applicable, article 120 cannot apply. in other words, it only supports the contention of the respondents' counsel that where there is a specific article ..... limitation arises seriously in respect of the remaining five properties, namely, gadhna, akhaipur, yasinpur abdalpur, chhatauni and sarai alam. the article of the limitation act which is relied on by the defendant-appellant is article 131. the plea of limitation raised by the defendant appellant is founded upon two documents, namely .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All505
..... existing before the constitution; see harendranath's case (z-12) and dr. ishwari prasad v. registrar, university of allahabad : air1955all131 . a writ can be issued only against statutory bodies invested withstatutory powers; acts of an individual cannot be controlled through a writ. in rule v. disputes committeeof dental technicians, 1953- ..... provisions of the civil procedure code. similarly in pramatha nath v. sanat kumar , it was held that once a proceeding under a special act like the bengal money lenders act (act x of 1940) reached the high court, ''further rights of appeal are governed by the provisions of the civil procedure code.'58. article ..... , etc.'; this indicates that admiralty and ecclesiastical jurisdictions are not included in civil jurisdiction. the jurisdiction that a high court exercises under the bihar sales tax act, section 21 (3), was held to be only consultative and neither original nor appellate in premchand satrarndas v. state of bihar : [1951]19itr108(sc) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All782; 1957CriLJ1361
..... at agra, muradabad, mau, orai, bara banki and bomb explosions at delhi. on september 14, 1956, a procession of students (except muslim university students) paraded the town shouting, among others, the slogan ''panchmargi bharat chhoro' (fifth columnists leave the country). while this procession was passing through ..... granting bails under the provisions of the code of criminal procedure and the executive authorities when ordering detention under maintenance of public order (temporary) act, act in different spheres guided by different considerations and actuated by different objectives. the courts are charged with the judicial determination of an offence already ..... under the provisions of the code of criminal procedure and the executive authorities when ordering detention under maintenance of public order (temporary) act, act in different spheres guided by different considerations and actuated by different objectives. the courts are charged with the judicial determination of an offence .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All440
..... kamath v. ahmad ishaque, : [1955]1scr1104 , the supreme court held that the decision 'must be left to be determined judicially on the facts of each case.'in registrar university v. dr. ishwari prasad : air1956all603 , kidwai, j. and mehrotra j. held that no exhaustive definition could be given to the words 'error apparent on the face of ..... of fact the result of which determines the right of a person to the benefit of rule 4 that is of the rules made under the act -- he acts in a quasi-judicial capacity.'the learned chief justice explained that this observation related to the inquiry which the rent control and eviction officer must make ..... after consideration.learned counsel conceded, in reply to a question from me, that the essential test of a quasi-judicial decision which distinguishes it from an administrative act is that the law empowering the quasi-judicial authority to make a decision requires a judicial approach, either expressly or by necessary implication.this principle was settled .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All276
..... as expressed in the words used by it and no outside consideration can be called in aid to find that intention.'in dr. iswpri prasad v. registrar allahnbad university : air1955all131 , a learned single judge of this court remarked:'it is, however, a well-known rule of construction that, if there is nothing to modify or ..... for transacting business should, unless otherwise fixed by the directors, be two. the articles also incorporated clause 85 of table a of the companies clauses (consolidation) act, 1908, which granted powers to the directors to appoint a person as an additional director, who was to retire from office at the next following ordinary general ..... company to register their contract, after having already entered into a contract with each other through a brother. the company, when registering the contract, purported to act as principal towards both these original contracting parties.at the time of settlement, one party had to pay losses, which the other party was entitled to as gain .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All639
..... is essential that it should be something more than a mere error. it must be one which must be manifest on the face of the record. 33. in registrar university of allahabad v. dr. ishwari prasad : air1956all603 , the principle was explained by mehrotra, j. on page 608 in these words : 'having declared what the law ..... the ambit of their authority ..... their powers are derived from the statute that creates them and they have to function within the limits imposed therein and to act according to its provisions. those provisions invest them with many of the 'trappings' of a court and deprive them of arbitrary or absolute discretion and power.' ..... of these two descriptions should prevail? 23. the standing orders in question have been framed as provided in the industrial employment (standing orders) act, 1946 (act no, xx of 1946). the preamble of act no. xx of 1946 runs thus: 'whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All618
..... come into force it shall be lawful for the state government to do anything necessary generally for giving effect to the provisions of the lucknow university act, 1920, as amended by this act, including the making of any statute or the amending of any statute and fixing of dates for the coming into force of such statutes or amendments.' ..... rotation.12. in order to understand the rival contentions we must start from the very beginning and go back to the lucknow university act 1920 as originally passed. by section 8 of the said act officers of the university were named, and the deans of the faculties are shown at no. 5 in the section. section 23(1) of the ..... 1956, was undoubtedly seniormost professor and was entitled to become the dean and was purported to be appointed dean 'until further orders'.15. the aforesaid amending act was followed by the u. p. universities (amendment) ordinance, 1957. it was published in the u. p. gazette on 6-11-1957. it made certain amendments with which we are not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All484
..... offence of practising austerities and (presumably) reading the vedas: today he would be qualified to be appointed, a professor of vedic studies in a state university. this clause reflects the general purpose and policy of the constitution to prevent the division of the nation into superior and inferior groups like the aryans and ..... vital matters as promotions, selection for higher posts, termination of service and particularly, re-trenchment. but the provisos completely ignore every stage after the initial act of employment or appointment. the inference must be that the stage after the initial appointment stage was not in the mind of the makers of the constitution ..... clauses and which reserve to the state certain powers in the matter of employment and appointment to office, are concerned only with powers relating to initial acts of appoint-ments. they completely ignore matters which may arise after appointment and during service. the omission is significant. it shows that the makers of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All304
..... on its own facts, this court has adopted, as indeed it was bound so to do', the approach of the supreme court to this question. in registrar, university, allahabad v. dr. ishwari prasad : air1956all603 , a division bench of this court observed:'it is clear that no exhaustive definition can be given to the words ..... or order prescribing any duty on the public servants in general and the police officers in particular no departmental proceedings under section 7, of the police act can be held for remissness or negligence in the discharge of duty or unfitness for the same.' the additional superintendent rejected this submission and observed :'the ..... the criminal procedure code; provided that before the district magistrate is moved by the superintendent o police to proceed criminally with a case under section 29 of the police act or other non-cognizable, section of the law against an inspector, sergeant or sub-inspector, the concurrence of the deputy inspector general must be obtained. prosecutions .....
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