Court : Allahabad
Reported in : 1999(1)AWC535
..... i would do better, for the sake of clarity, to quote the relevant observations of the bombay high court in the aforesaid case :'.....the interest ofthe minor in the joint family property is thus kept outside the reach of these provisions, leaving it to the natural guardian to deal with it in accordance with customary hindu law. ..... held in para 12 of the report that as regards the question of taking permission from a competent court of law in that case, the court was in agreement with view taken in the case of sunamani dei (supra), that when the minor and his mother constitute a hindu joint family, each with a moiety of undivided interest in any immovable property belonging to the family, in the absence of father, the mother asnatural guardian, can alienate even the minor's half share in the immovable property under the personal law. ..... this would, therefore, exclude a natural guardian as understood by the act applying for the permission of the court under section 8(2) of the act, the result would be that so long as the hindu law shall apply, a father or a natural guardian can alienate a minor's interest in coparcenary property subject to the well-known conditions regarding benefit of the estate, etc. ..... 1939 applied and an view of the provisions of section 206d of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All146
..... with this position in view, the only reasonable interpretation which i can put on the observations relied upon by the learned counsel in the two cases referred to above is that section288 of the tenancy act would apply to such proceedings under section12 of the u. p. ..... of course, learned counsel for the applicants contends on the basis of the rulings just mentioned that such a court is, for all purposes, a civil court, so that, even where an application under section12 of the act is made to a collector, he would be a civil court also within the meaning of section288(1) of the u. p. ..... agriculturists' relief act and they having done so in strict accordance with the law then in force, i am not prepared to give a retrospective effect to the position that may now be deemed established under the full bench ruling above ..... in the latter also it was laid down that proceedings under section12 of the agriculturists' relief act were proceedings in a suit before a civil court to which the arbitration act was applicable ..... raj',1950 all lj 713 and argued that the property mortgaged in this case being occupancy plots, no application under section12 of the agriculturists' relief act could be filed at all. ..... agriculturists' relief act as have been filed in the civil court, that is, in cases where the principal money secured exceeds ..... in the former it was held that a proceeding under section 12 of the agriculturists' relief act could be treated as a suit and a reference under section 288 of the u. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All44
..... lexicon it is stated in connection with the word 'corporation' :'the distinction between corporations and trading partnerships is, that in the first the law sees only the body corporate and knows not the individuals, who are not liable for the contracts of the corporation in their private capacity, their share in the capital only being at stake : but in the latter the law looks, not to the partnership, but to the individual members of it, who are therefore answerable for the debts of the firm to the full extent of their assets,'in seodoyal ..... the manner in which it was to come into force in any county or city was mentioned in itself; at least 1/4th of the electors of the county or city had to make an application to the governor praying that the act be enforced in the county or city; on such an application the governor had to take votes of all the electors of the county or city and the act was to be enforced or not according to the wishes of the majority. ..... 'the australian national security act, 1939-40 is similar to defence of india act. ..... in the beginning the validity was questioned not on the ground that the conferment of the powers upon the central government amounts to delegated legislation which is ultra vires of the indian legislature but on the ground that the subject-matter of the act itself was beyond the jurisdiction of she indian legislature; see niharendu dutt v. ..... 341), a full bench of bombay high court in haveliram v. .....
Tag this Judgment!Court : Allahabad
Reported in : 1991ACJ690; AIR1991All84
..... since the learned counsel for the claimant has not been able to satisfy us on that score, we are not in agreement with the contention of the learned counsel for the appellant/claimant that the amount awarded by the tribunal should be enhanced treating the age of the appellant at 55 on the date of the accident and thereafter multiplying the toss by 60 months in place of 36 months as indicated in the impugned judgment.9. ..... the aforesaid ruling of this court has been relied upon by a division bench of the bombay high court in air 1990 born 4, m/s. ..... the claim of the claimant was con-tested by the defendants admitting the accident but alleging that neither the driver nor the conductor were responsible for the accident and it was due to bursting of the tyre which was beyond the control of the driver. ..... according to the learned counsel for the claimant-appellant it has been contended before us that the tribunal has acted illegally in observing that the claimant was of 57 years on the date of the accident. ..... has claimed reduction of the amount awarded to the claimant only on two grounds; firstly, that while a lump sum was given to the claimant, the usual deduction of 20 to 30 per cent should have been done by the tribunal and that the tribunal has acted illegally in awarding interest at the rate of 8%. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All519
..... 2 and 3 which comprised of 3 bighas 1 biswa and 5 bighas 5 biswas 12 dhurs respectively she had become a sir-holder and there-fore was not liable to pay any rent to the plaintiff the suit was dismissed by the trial court on a finding that the suit was bad for non-joinder of not only causes of action but also of necessary parties.3. ..... since in india the contract act did not classify contracts in the manner in which contracts were classified under the english law, the use of the word 'special' before a contract had to be given some meaning and some significance had to be attached to the qualifying word. ..... tenancy act, could be raised in the earlier suits, for the plea of res judicata that has now been raised is that of constructive res judicata.the mere fact that in respect of certain arrears, for certain years, for certain plots, hem chandra mukerji obtained decrees, suing alone is not enough to show that he could sue for arrears alone in respect of the plots and for the years for which the suit out of which this appeal has arisen. ..... the court below came to the _ conclusion from the circumstance that the plaintiff had on previous occasions obtained decrees for arrears of rent, that there must have been an implied contract between the co-sharers under which hem chandra mukerji was entitled to sue for the recovery of arrears without the necessity of having to implead the other co-sharers. ..... tenancy act, 1939 was enacted. ..... state of bombay : 1955crilj193 and thakur amar singhji v. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1984)ACC355; AIR1984All101
..... for ascertaining the real intention of the legislature the court may consider, inter alia, the nature and the design of the statute, and the consequences which would follow from construing it the one way or the other, the impact of other provisions whereby the necessity of complying with the provisions in question is avoided, the circumstance, namely, that the statute provides for a contingency of the non-compliance with the provisions, the fact that the non-compliance with the provisions is or is not visited by some penalty, the serious or trivia! ..... when the provisions of a statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience, or injustice to persons who have no control over those entrusted with the duty, and at the same time would not promote the main object of the legislature, it has been the practice to hold such provisions to he directory only, the neglect of them, though punishable, act affecting the validity of the acts done.'13. ..... motor accidents claims tribunal, greater bombay reported in : air1970bom337 may be referred to. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1987)ACC46; [1988]63CompCas266(All)
..... in this option of forum shopping, if the workman has chosen to undertake the responsibility of discharging the onerous burden imposed upon him by the law of tort, it follows that he should get the benefit of the expression 'including the liabilities, if any, arising under the workmen's compensation act, 1923 ' occurring in clause (a) of sub-section (2) of the motor vehicles act which implies that the insurer is liable for common law damages also and not only liabilities arising under the workmen's compensation act.'10. ..... this also is of no assistance to the claimant-respondent, the reason being that, as explained above, this is not a case giving rise to a claim for compensation both under the motor vehicles act and the workmen's compensation act ; the case is one, on the other hand, where the claim arising, if any, may be under the workmen's compensation act, but not under the motor vehicles act. ..... the observations contained in a recent decision of the bombay high court in national insurance co. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1991)ACC133
..... it is noteworthy that the appeals against the order o the tribunal judge lie before the high court under section 110d of the motor vehicle act 1939. ..... make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require and this power may be exercised by the court notwithstanding that the appeal is as to part only of the decree and may be is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties although such respondents or parties may not have filed any appeal of objection and may, where there ..... have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees.the above rule empowers the appellate court to pass such decree as may be passed even though the respondents might not have filed any appeal or cross-objection against ..... our conclusion in the proceeding paragraphs answers the second contention of the learned counsel for the corporation that in case of contributory negligence the liability should be fifty per cent on the bus owner and the remaining on the car owner. ..... bombay state : [1964]1scr980 held that an appellate court can give relief to the respondent as against other respondents also under order 41 rule 33, c.p.c. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1489; (2002)2UPLBEC1483
..... air 1955 sc 123, a question as to the effect of declaration of unconstitutionality of the provisionsof section 13(b) of bombay prohibition act, 1949, came up for consideration before the supreme court initially, the case was decided by a three judge bench but the judgment rendered by the original bench was reviewed and the case reopened with a view to obtaining the opinion of a larger bench on the question as to the effect of declaration in balsara's case that clause (b) of section 13 of the bombay prohibition act, 1949, was void in so far it affected the consumption or use of liquid medicinal and toilet ..... . the effect of that declaration was to lift the consumption or use of liquid medicinal and toilet preparations containing alcohol from the prohibition enacted in section 13(b) of the bombay prohibition act, 1949 ..... . state of andhra pradesh, air 1958 sc 468, the supreme court was confronted, inter alia, with the question as to whether section 22 of the madras general sales tax act, 1939 - a pre-constitution law - was void on the ground that it was in contravention of article 286(2) of the constitution ..... ., air 1963 sc 928, the provisions of rules 16 (2) of madras general sales tax (turnover and assessment) rules 1939, were held to be discriminatory and, therefore, violative of article 304(a) of the constitution .....
Tag this Judgment!Court : Allahabad
Reported in : [1984]56CompCas340(All)
..... act, 1939, is directed against the judgment and decree of the motor accidents claims tribunal, allahabad, dated september 28, 1976, awarding a sum of rs. ..... 631) i ' my lords, the damages which are to be awarded for a tort are those which ' so fac as money can compensate, will give the injured party reparation for the wrongful act and for all the natural and direct consequences of the wrongful act' ......the words 'so far as money can compensate point to the impossibility of equating money with human suffering or personal deprivations. ..... amenities of life 15,000(3) loss of prospects of marriage and happinessand loss of capacity to bear child 10,000(4) loss of educational career and earning capacity 25,000(5) shortening of expectation of life on account ofpermanent disability 10,000(6) medical expenses 3,000 the tribunal observed that the claimant was paralysed and rendered invalid and possibility of her marriage was also very remote. ..... it appears that initially the insurance company was not impleaded as an opposite party to the claim petition but later when the claimant came to know the particulars of the insurer, she got the claim petition amended by impleading the new india assurance co. ..... rash behari das, air 1978 cal 547; [1979] acj 304 (cal), the claimant received multiple fracture in his rib, neck, right humerus and right clavicle, as a result of which he could not lift or move his right hand or sit properly. .....
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