Court : Allahabad
Reported in : AIR1926All591
..... it is a point of considerable difficulty. as to whether or not the contract with the treasurer (assuming that this was an illegal association under the companies act) was a contract so tainted with illegality that the ordinary maxim melior est conditio possidentis would apply seems to me a question of difficulty. the application of ..... be made. it appears to me that a company of this kind, illegally constituted, and illegally constituted for the express purpose of avoiding the requirements of the act of parliament, could not be properly wound up under that statute, though it is possible that under certain circumstance results equivalent to the winding up might be ..... other defendants have submitted to the decree. it cannot be doubted for a moment that this partnership contravened the provision of section 4 of the indian companies act which requires that any company or association or partnership, consisting of more than 20 persons formed for the purpose of carrying on any business that has for .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All377
..... deemed to have been made as a mutwalli. there was, therefore, at least in part, an identity of interest and fusion of capacities. besides, section 7 of the act aims primarily at the preservation of the property. the property was waqf, but the waqf was al-al-aulad and maqsud ali khan had a two-fold interest in it--his interest as ..... made long before the order of 27th november 1937. the whole object of the application, under sections 5 and 30, agriculturists' relief act, was preservation of the applicant's property. the whole object of resisting execution was again the preservation of his property. the period therefore which was covered by the execution proceedings, the decree-holders trying to proceed against the property and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All674
..... spirit of the constitution which is not even mentioned in the instrument.' 120. a legislature must of course legislate : it cannot abdicate its powers. but provided it preserves its own capacity intact we can see no reason why it should not delegate powers of subordinate legislation to such other authorities as it deems proper.121. the ..... valued at all, & the appcts. contend with considerable force that such property is being acquired without compensation being paid for it. such items of property include scattered timber, trees, tanks, wells, irrigation works & barren land.73. it is pointed out to us that in the new items of expenditure included in the uttar pradesh budget for ..... & they have always been more generously treated than the bigger ones. he has refd. us to the provisions of the land revenue act, the u. p. agriculturists' relief act, the debt redemption act, & similar other acts, & has urged that it is a well-known basis that a man who is less able to bear the loss should be more .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All753
..... provides:'the state shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and drought cattle.'if in pursuance of this ..... board, controlling and regulating the admission within municipal limits, for purposes of sale, of the flesh (other than cured or preserved meat) of any cattle, sheep, goats or swine slaughtered at a slaughter-house or place not maintained or licensed under this act. g.--offensive trades ............ ............ ........... ............ ........ ............ ............ ........... ............ ........h.--public safety and convenience. ............ ............ ........... ............ .................... ............ ........... ............ ........i.--sanitation & prevention of disease. ............ ............ ........... ............ .................... ............ ........... .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All193; 1955CriLJ623
..... see 'american communications asso. v. douds (n)', at p. 395. finally, i find that maintenance of public order or preservation of public peace was not at all the object for the enactment of the act. it itself does not purport to have been enacted in the interests of public order; its avowed object was to deal with ..... and tranquillity.but it is urged by the learned advocate-general that incitement to the non-payment of dues such as are mentioned in the special powers act may be acted upon, which action would compel the government to use coercive process for their realisation, which process would be resented by the defaulters, which resentment would ..... that it was not designed to put any restriction on the freedom of speech. what the preamble does is really to supply the motive behind the enactment' of the act. the act prohibits certain speeches by penalising the making of those speeches. freedom of speech means freedom from subsequent punishment; see -- 'terminiello v. chicago', (m), and (1939) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All63
..... for the same. we have, therefore, no hesitation in holding that the amounts in the hands of janki prasad were in the nature of deposits and article 60, limitation act applied to the case.as no demand was made previous to the institution of the present suit, the institution of the suit itself would amount to a demand and the ..... lie upon him to prove that there are additional circumstances which turned the loan' into a 'deposit'.'further on it was observed'there is no distinction in the act (referring to the limitation act) between the money lent and money deposited with regard to the agreement to repay. so that it is not the agreement that the money should be payable on ..... respect of it. they simply stated that there was no period of limitation prescribed for the return of the de-posite money & that if any article of the limitation act applied to the case, the period of limitation would run from 20-3-1944, the date of the dismissal of the application for the review of judgment by the chief .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All575
..... plaintiffs.there was an alternative prayer for assessment of fair and equitable rent. in that suit, the plaintiffs were claiming bhaoli rent not for the trees standing on the land but for the land of which they were the proprietors. the defendants denied their liability to bhaoli rent by alleging that they ..... 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, complete ..... of 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,the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All551
..... times of great emergency.' 102. india today faces an economic crisis no less grave. the very future of our constitution, which we are bound in oath to preserve, is threatened by the pressure, of economic forces. an american journal has thus described the grave constitutional crisis which faces india today.'and as the fifties give way ..... running, he claims the right to get the entire scheme declared illegal by this court. the court must, if his petition succeeds, invalidate a scheme merely to preserve the immunity from competition which gupta is enjoying on another route as an incidental result of the permit system. the destruction of this scheme will upset economic plans ..... and the removal of a restriction cannot increase the original content of the right. it by amending the motor vehicles act, the state were to remove the limit on the number of buses on all routes (while preserving all the other restrictions) no bus owner could object to competition from new comers in the business. i do not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All382; 1965CriLJ306
..... the rules prescribing maintenance of certain minimum standards in the preparation of foodstuffs in the interests of health, well-being and preservation of the community as a whole. the commission of each one of the acts enumerated in clauses (a) to (1) is regarded as highly blameworthy and shocking to the moral conscience of the ..... are akin to cheating, deception, fraud and false representation or a wilful violation of the provisions and rules framed for the preservation of human health and efficiency. all these acts are inherently immoral or wrongful in their nature. in this connection it may also be noted that the term 'moral' as appended to 'turpitude ..... inform its purchaser as to its value for such uses; (j) if it contains any artificial flavouring, artificial colouring or chemical preservative without a declaratory label stating that fact, or in contravention of the requirements of this act or rules made thereunder; (k) if it is not labelled in accordance with the requirements of this .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All342
..... courts, to decide new questions of right and title of individuals in land as the consolidation scheme progresses from stage to stage. the scheme of the act is to preserve and not to destroy substantive and remedial rights during the process of consolidation so far as it is reasonably possible to do so.28. i may illustrate ..... would otherwise be caused by long delay if the consolidation authorities were to wait till the time when all the decisions on objections under section 12 of the act attain finality, before they enter upon further stages of consolidation, the legislature by enacting section 20 and permitting objections against the proposals by affected persons clearly ..... addition, at this stage, reasons have to be given in support of the proposed allotments to tenure-holders. certain additional matters, such as compensation for trees, wells, buildings, or, other improvements are to be mentioned in the statement of proposals.the statement of proposals is also to be preceded by consultation .....
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