Court : Allahabad
Reported in : 1977CriLJ848
..... in paragraph 8 of the written statement it has been alleged by ram asrey that on account of the alteration of boundaries act, 1968 between the states of behar and uttar pradesh the land in dispute lies in mauza nauranga, district ballia (u.p.). ..... alteration of boundaries act 1968, he has prepared a sketch map ex. ..... (alterations of boundaries) act 24 of 1968 was enacted. ..... in order to provide for the alterations of boundaries of the states of behar and u.p. ..... this has obviously been done in order to set at rest the disputes regarding the boundaries of the two states caused by the erosions of the river ganga, the schedule attached to the act shows village nauranga completely in u.p. ..... made a local inspection of the area in dispute with reference to the fixed boundaries as indicated by the pillars that have been fixed under the provisions of the aforesaid act and this was done with a view to verify whether the land in dispute as mentioned in the application filed under section 145, criminal p.c. ..... boundaries act 1968, paragraph as indicated above shows village nauranga in u.p. ..... to my mind when demarcation has been effected under the statute by the fixation of pillars in the bed of the river which keeps vacillating most of the time, that boundary itself should be a sure indication to prova whether the land lies in the state of u.p. ..... by the applicant was the same as the land which had been shown by boundaries in the report of the station officer and as also indicated in the preliminary order. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC65
..... the alteration of boundaries would necessarily mean the exclusive privilege of a particular sugar factory of getting the supply from the area so demarcated and not to two or more than two sugar factories. ..... 12, 15 and 16 and rule 21 would necessarily mean that an estimate prepared under section 12 of the act is final for the purpose of initial declaration of reserved or assigned area, under section 15 (i) and it would not be open for the sugar factory to raise any grievance regarding the same, yet it is always within the authority of the cane commissioner to provide additional sugar cane to the sugar factory which bona fide feels the shortage of sugarcane and requires more sugarcane for producing sugar during particular ..... state of uttar pradesh and others, air 1956 sc 676, wherein the supreme court after tracing the history of the enactment upheld the validity of the act and thus upheld the powers of the cane commissioner under the act in the matter of regulation of supply and purchase of sugarcane to the sugar factories and other sugar manufacturing units. 8. .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)10VST23(All)
..... but, at the same time, the section should be so interpreted to mean only such of the various processes referred to in the definition and applied to the goods as are of such a character as to have an impact on the nature of the goods.in other words, though the words used by the statute, namely, 'processed or altered in any manner after such purchase' were very wide, the court read down the scope of this expression and considered that, for the purposes of the definition, there should be some alteration in the nature or character of the goods. ..... court that is assailed in this appeal by the revenue.section 2 (17) of the act defines the term 'manufacture' and it reads thus:manufacture with all the grammatical variations and cognate expressions means producing, making, extracting, alternating, ornamenting, finishing or otherwise processing, treating or adapting any goods but does not include such manufacture or manufacturing processes as may be prescribed.from a perusal of the definition, extracted above, it is clear that the processes of producing, making, extracting, alternating, ornamenting, finishing or otherwise processing .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... the amending act of 1981 which, according to appellants, (by the appellants hereafter we shall mean the university and its supporters; we shall refer to the aggrieved non-muslim students as the cross-appellants hereafter), the said act of 1981 changed the basis of basha and that too to such an extent that today, we as the appropriate pronouncing authority must pronounce the aligarh muslim university as a minority institution, the basha case notwithstanding.10. the task before the hon'ble single judge was, and before us also is, to see whether the 1981 act so altered ..... . the villages namely, raipur and ummedganj of district kota were sought to be included in the kota municipality under the provisions of rajasthan municipalities act, 1951 but subsequently the proposal was dropped out but the kota municipality continued to realise octroi from the appellants ..... . just before 1981 there was another amendment act of 1972, which inserted section 5(9a), which defined the boundaries with respect to ft university mosque .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All323
..... to lay down that in a fresh suit to be filed by the landlord against the trespassers under section 180, the trespassers would be entitled to contend that the two years' period of limitation should include not only the period from the date of the start 0 :f limitation up to the date of the limitation of the first suit but also the period of the pending of the suit and the period taken in the execution of the decree up to the date of ejectment. ..... act 1 of 1951, and indeed when from the record it is clear that such rights were being claimed from time to time on different grounds, and when the question whether the opposite parties nos, 4 to 9 were sirdars or not is wholly irrelevant to the maintainability of a suit under section 202, i fail to sea the justification or desirability of deciding the ..... shall be liable to ejectment from his holding on the suit of the gaon sabha or the land-holder, as the case may be, on the ground or grounds- (a) mentioned in sections 167, 191 or 206; (b) that he- (i) belongs to any of the classes mentioned in clauses (a), (b), (c), (e), (g) or (i) of sub-section (1) of section 21, or sub-section (2) of the said section, or in clause (c) or (d) of section 133, or (ii) has acquired the rights of an asami under the uttar pradesh land reforms (supplementary) act, 1952, and that he holds the land from year to year or for a period ..... air1951all485 (supra), the following two questions were referred to the full bench :-- '(1) does the alteration made by section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All564
..... act i of 1951 since the date of the notification under section 4 of the said act and that the case of the applicant is fully covered, in any event, by section 6 (b) of the above act and he has no right to claim the amount of pension. ..... whether within or outside village boundaries, trees (other than trees in village abadi holding or grove ..... it provides that alter the notification under section 4 has been published in the gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this act, the consequences as hereinafter set forth khali, from the beginning of the date of vesting, ensue in the area to which the notificatiqn refers, namely:-- '(c) all rights, title and interest of all the intermediaries (i) in every estate in such area including land (cultivable or barren) grove-land, forests ..... therefore, no alteration could be made. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2625; (2000)3UPLBEC2641
..... ' '......that in the enactment of laws for giving effect to the admission, establishment or formation of new states, or alteration of areas and the boundaries of those states, power to modify provisions of the constitution in order to tide over a temporary difficulty may be exercised by the parliament. ..... to arrive at the real meaning it is always necessary to get an exact conception of the aim.scope and object of the whole act to consider what was the law before the act was passed, and what was the mischief or defect for which the law has not provided and the third, of the remedy the parliament has appointed, and fourth, the reason of the remedy (maxwell, pp 18-19). 38. ..... panchayat : (i) all taxes, fees, fines or penalties imposed or levied, and all licences or permits granted on the date immediately preceding the date on which such panchayat is established (hereinafter called the said date), by the zila panchayat which had jurisdiction in the area of thenew district, shall be deemed to have been imposed, levied or granted by the new panchayat under and in accordance with the provisions of this act and shall until abolished, modified or changed, continue to be so realizable or effective ; and (ii) anything done ..... sections 66, 67, 68 and 73 of representation of the people act, 1951, are reproduced as under : '66. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All6
..... of this treaty declared that the boundary lines surveyed by the british commissioner appointed for the purpose extended eastwards from the rivers kali and sardah to the foot of the hills north of bagaura tal and marked by pillars' 'shall henceforth be the boundary between the british province of oudh and the territories of the maharaja of nepal'. 34. ..... it follows that the conclusive presumption under section 10 must relate to three things: (a) that the person named in the lists is a taluqdar or grantee within the meaning of the act, (b) that he holds the estates mentioned in the lists, and (c) that the rule of succession with reference to those estates is the rule appropriate to the list in which the estate is mentioned but since the lists do not contain the names of villages or the properties comprised therein there can obviously be no presumption in respect ..... to us quite possible that in order to avoid any doubt as to the title to the property covered by the altered or second sanad, the legislature thought it advisable to add a second clause in para. ..... it stated inter alia that the proposed form of sanad which was intended to be given to the talaqdars of oudh and which granted to them 'a full and proprietary right in the taluqa for which they have severally been permitted to engage at the summary settlement' was generally approved and a revised copy with some few alterations was returned for careful translation into the hindustani language in which the sanads were to be prepared .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... under a particular statute, the legislature which enacted it or which is competent and empowered under the constitution to amend, alter or repeal the act in question, is the appropriate legislature under article 225 and can validly pass a law restricting, curtailing or even abolishing the right to file a further appeal to the high court under clause 10 of the letters patent.the point for consideration in each case will be how the matter initially reached the high court if it reached under the provisions made by a ..... the reasons given for not adopting the meaning of 'constitution and organisation' as expressed in : [1951]2scr51 were:'if, therefore, a part of the topic of the first entry of the provincial list stands removed to the 78th entry of the union list and the remaining part of it is to be found in the 3rd entry of the state list the meaning given by the supreme court in : [1951]2scr51 to the words 'constitution and organisation of the high courts' occurring in the 1st entry of the provincial list cannot continue to be the meaning to be given to those words occurring in the 78th entry of the ..... here appropriately and usefully refer to the provisions of the bengal, agra and assam civil courts act (xii of 1887), the code of civil procedure (v of 1908) and the provincial small cause courts act (ix of 1887).but these acts do not lay down or specify what laws are to be administered by any of such courts, except that by section 37 (1) of act xii of 1887 it is provided that ..... boundary .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All505
..... in other words, it is the inherent nature of the rights in controversy in a proceeding and the real purpose of the proceedings that would determine the stamp that law would put upon it and the label that it would apply to it rather than extraneous garb in which the right is sought to be clothed and brought before the court or the status of the court where the right is agitated or the mode of procedure or forum for the adjudication of right or the character of the legislation prescribing the same.reference in this connection might also be made to the full bench case ..... as observed in : [1951]19itr108(sc) , in such cases the high court acts merely in an advisory or consultative capacity and the order passed by it cannot be said to be passed either in its original or its appellate jurisdiction. ..... the boundary that divide the domain of the civil law and the criminal law have not, however, been contiguous. ..... that, however, would not alter the character of these proceedings as civil proceedings. ..... state of assam, air 1953 assam 159 (z-6); sarjoo prasad, c. j. .....
Tag this Judgment!