Court : Allahabad
Reported in : AIR1956All258; 1956CriLJ579
..... therefore, all the observations about the meaning of the word 'court' were by way of 'obiter dicta'.moreover though the language of section 3, contempt of courts act of 1952 is the same as that in the corresponding provision of the act of 1926, since the act of 1952 was enacted after the constitution has come into force it must be interpreted in accordance with constitution and the interpretation put upon the language of the act. ..... emperor', air 1944 nag 84 (n), it was held that the power conferred by a state government on a district magistrate under the defence of india act could not be exercised by an additional district magistrate; the decision was based upon the assumption that the legislature intended the government to confer the power only upon the person holding the post of district magistrate and no one else.under section 3, temporary control of rent and eviction act the district magistrate is empowered to permit a landlord to file a suit for ejectment of his tenant. ..... direct contempt is defined by dangle in his book on contempt, 1939, para 7 in the following words:--'direct contempt consists of something done or omitted to be done in the presence of court tending to impede or interrupt its proceedings, or reflect upon its integrity... ..... held that a court at aden is subordinate to the high court at bombay, because the latter has superintendence over it. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All459
..... provided that a bona fide purchaser for value of goods from a person obtaining possession of the goods under a contract voidable at the option of the other contracting party shall not become the owner of the goods if the circumstances which render the contract voidable amounted to an offence committed by the person in possession, does not now find place either in the act or in the corresponding section 29 of the sale of goods act, and now title in the goods would pass to a bona fide purchaser for value and without notice of fraud.32. ..... it was contended by the plaintiff bank that it had received the shares by way of pledge in good faith and without notice of the defect in the title of mukerji who had agreed to purchase those shares from bhuiya and had actual possession of the same with the consent of the seller with the result that the pledge would be effective under the provisions of section 30(2) of the indian sale of goods act in the same way as the right of the original seller did not exist. ..... this rule is still in force in the bombay presidency and in the presidency towns of calcutta.16. ..... scott in his work on trusts (1939 edn. ..... 1939 ed.). .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3249
..... rajputana autohmobiles, ajmer, (1993) 1 wlc 625, rajasthan high court summarised the legal position as under:-(i) that the amendment of pleadings should ordinarily be allowed by the court, once it is satisfied that the amendment is necessary for the just and proper decision of the controversy between the parties;(ii) the amendment of the pleadings should not ordinarily be declined only on the ground of delay on the part of the appellant in seeking leave of the court to amend the pleadings, if the opposite party can suitably be compensated by means of costs etc. ..... in the former case, the court may take judicial notice of the event and before acting thereon put the parties on notice of how the change in law is going to affect the rights and obligations of the parties and modify or mould the course of litigation or the relief so as to bring it in conformity with the law. ..... the petitioner against the appellate order had also approached the national industrial tribunal at bombay, which too was dismissed on 12.9.1994. ..... amin and the appellant as their managing agents from 1922 to 1939 it must be inferred that the company had entered into an agreement with the said b.d. .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]76ITR96(All)
..... from the above arguments advanced before me at the bar the basic question that arises for determination in this appeal is whether the order of the collector rejecting the application of the plaintiffs for releasing the houses in suit from attachment or for lifting the attachment on the housesin suit was made under order 21, rule 58, of the civil procedure code, andthe instant suit which was subsequently brought would be a suit underorder 21, rule 63, civil procedure code. ..... , submitted that under the proviso to sub-section (2) of section 46 of the indian income-tax act, the collector has the power of the civil court when realising the arrears of tax and the procedure provided for attachment and sale of immovable property in execution of decrees mutatis mutandis applies as he becomes a civil court and any objection filed or claim preferred by a third party to the attachment or sale of immovable property would be nothing but a proceeding under order 21, rule 58, of the code as regards the attachment and under ..... desai, additional collector of bombay, [1955] 28 i.t.r. .....
Tag this Judgment!Court : Allahabad
Reported in : [1980]121ITR1002(All)
..... when a male hindu dies after the commencement of this act, having at the time of his death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act : provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary ..... there are certain restrictions on the members of a coparcenary, one of them being that a coparcener cannot dispose of his undivided interest in the coparcenary property by gift nor can he alienate his interest even for value except in bombay, madras and madhya pradesh. ..... so far as section 30 is concerned all that it does is to lift the bar on testamentary disposition of undivided interest of a coparcener in his coparcenary property. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All131
..... the cases which have been brought to our notice on this point it has been held consistently that vesting of a property in the court or the receiver not only gives the court or the receiver the right to take possession of the property and deal with it in a certain manner but amounts to a legal transfer of the right, title and interest of the insolvent in the court or the receiver as the case may be and as a result of the vesting, the property for the purposes of the insolvency court becomes the property of the court or the receiver and ceases to be the property of the ..... reasoned judgment, the contention that on an adjudication, the property of the insolvent vests in the receiver and he ceases to have any interest, legal or equitable, therein, and had, therefore, no concern with the manner in which the property is managed, sold or realised or the proceeds thereof distributed by the receiver was repelled, it was urged before the learned judges of the madras high court in the abovementioned case that,'the same disability which stands in the way of an application to the court under section 68 also bars an appeal by the insolvent under section 75 of the act. ..... official assignee (supra) and disapproved the judgment of the bombay high court in sidram v. ..... official receiver (air 1939 lah 499), tekchand, j. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All504
..... tenancy act of 1939 and the u. p. ..... stateof bombay : 1983ecr1598d(sc) the test of a judi-cial tribunal as laid down in the following passagefrom cooper v. ..... then involves four requisites:- (1) the presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between there is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with tbe assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law the submission of legal argument by the parties, and (4) a decision which disposes ot the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found, including where ..... i, however am of the view that the tribunal' constituted under section 4 of the act does not, in reality, have an entity different from that of the 'civil court', specified as authority to exercise jurisdiction under the act, that the specification under section 4 of the act merely involves that the authority of the civil court (civil judge or the district judge, as the case may be) is enlarged so that it exercises jurisdiction under the act also. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1984)ACC391
..... agarwal, j.1.this appeal under section 110-d of the motor vehicles act, 1939 is directed against the decision of the motor accident claims tribunal, allahabad, dated january 28, 1980 ..... a division bench of the bombay high court held that the mother would have received rs ..... indeed, taking into consideration the reported decisions on the subject the compensation would far exceed this amount, but that is of no avail to the appellant for the reason that they have confined the claim in this appeal to the additional sum of rs. ..... the award of interest, therefore, at the rate of 6% per annum only by the tribunal from the date on which the petition was filed, namely, 22-2-1978 to the date of payment need not be interfered with.9 ..... upon taking the life expectency at 70 years as is normally done in these cases and on assumption that the deceased would have contributed half of earnings to the maintenance of the appellants, the amount would exceed rs ..... there was no allegation to fix the life expectency at 60 years only and also to say that the monetary assistance from the deceased to the claimants would have been rs. ..... there appears no tangible basis for disbelieving the testimony and coming to the finding as the tribunal did that laukush was not being educated ..... 30,000.00 in all with interest at the rate of 6% per annum from the date of the petition till the date of the payment. ..... assuming that laukush was not attending a school at that stage, the likelihood of his joining a school later cannot be ruled out .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All246; 2006(3)AWC2295
..... the petitioners have further claimed that they are lifting and transporting the minerals accompanied by form mm 11 after depositing the royalty and other expenses in accordance with the provisions of the rules and, therefore, the respondent authorities cannot charge any transit fee on the same in pursuance of the provisions of the u.p ..... a full bench of the bombay high court in the case of janu chandra waghmare and ors. v ..... by another order dated 29.11.2005, the deputy conservator of forest, orai, has directed the forest range officer, jalaun, kalpi, orai, eta and kadaura to act in accordance with the judgment of this court in civil misc ..... goods are being brought from the forest as during transportation they cross the forest, they would be covered under the definition of forest produce under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. ..... air1997sc1228 , the apex court has held that the word 'forest' must be understood according to its dictionary meaning which description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purposes of section 2(1) of the forest conservation act.13. ..... to be forest produce under the act and the transit rules, is wholly misconceived and on a wrong assumption ..... stone ballast, khanda and boulders are not and cannot be included within the definition of the forest produce as given in sub-section (4) of section 2 of the indian forest act, 1927 (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All693; [1954]26ITR530(All)
..... the other hand, the block profit earned by sale of the mills would be a capital gain accruing both to the life insurance branch of the business as well as to the miscellaneous insurance branch of the business in proportion to the investments made in the purchase of these mills, and the machinery for the mills, out of the funds of the two brandies of the ..... short period life assurance, endowment assurance, loss of health assurance, joint life and survival assurance, against sickness or accident alone or in combination, with life assurance the purchase of reversions and contingent life interests, and the purchase and sale and repurchase of annuities of all kinds, including the immediate, deferred permanent, joint life or survival annuities, and to make or grant assurance for payment of money by way of single payment or several payments.or by ..... -__18327sharesfrom anjawar spinning and weav ing mills ...30000073698226302--300000 this finding has been challenged by learned counsel for the assessee company not on the facts but on the ground that the tribunal was wrong in holding thp.t any of the amounts utilised in the activities in question could be held to come from the miscellaneous branch fund when the balance sheet of the company showed that all the amounts invested in these activities were included only ..... by the income-tax appellate tribunal, bombay, under section 66(1), income-tax act.2. ..... the security of a mortgage dated 20-7-1939, of the .....
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