Court : Allahabad
Reported in : AIR1977All63
..... specified in this behalf by the state government in the official gazette;(b) where a power of sale without the intervention of the court is expressly conferred on the mortgagee by the mortgage deed and the mortgagee is the government;(c) where a power of sale without the intervention of the court is expressly conferred on the mortgagee by the mortgage deed and the mortgaged property or any part thereof was, on the date of the execution of the mortgage deed, situate within the towns of calcutta, madras, bombay or in any other town or area which the state government may, by notification in the official gazette, specify ..... when a sale of land under this act has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrears, including costs incurred for the recovery thereof, due to the government from the defaulter at the date of the confirmation of the sale, whether the arrears are of revenue, or of sums recoverable as arrears of revenue; and in the second place, if the sale took place for the recovery of an amount recoverable as an arrear of revenue, but not due to government, to the payment of that amount including costs as aforesaid; and ..... barik tursi, (air 1939 nag 305); and gailu v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All664
..... after examining the aforesaid pleadings the full bench of the bombay high court made the following significant observations :'in our opinion, on these pleadings the issue directly and substantially arises as to whether the employee was in the employment of the railway authorities during the relevant period and there can be no doubt that that is in issue which the authority under the payment of wages act can try ..... connection he argued that if the defendant was not a workman, the plaintiff who was the employer of the defendant had in the absence of any contract to the contrary a right in general law to terminate his services at any moment he liked and that the plaintiff's case before the prescribed authority was that it had, in view of the terms of the contract between the parties, duly exercised its right to terminate the defendant's services and to dismiss him.in this connection he relied on a judgment of the bombay high court in a. r ..... in this case the full bench of the bombay high court considered an examination of the pleadings of the parties necessary for the purpose of seeing how far the principle of law enunciated in : air1951bom423 could be applied to that particular case.it observed that in paragraph 5 of the written statement of the case before it the railway authority which was the employer in that case, had merely stated that the employee was only temporarily engaged, that subsequently his name was struck off from the attendance register, and, as ..... letter dated 8-5-1939. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All532; [1973]90ITR73(All)
..... of the remuneration received from the firm as a member of the board of management for the assessment years 1954-55 and 1955-56 the division bench observed that the allowance of any salary, commission or remuneration paid by the firm to either sri mai dhan gupta or other members of the board of management in contravention of the provisions of section 10 (4) (b) was not justified and that the bar imposed by section 10 (4) (b) was clear and unambiguous and the fact that the payment of salary and remuneration to the partners, who happened to be also the members of the ..... other partners because in that capacity he does not act as their agent.under section 3 of the essential supplies (temporary powers) act the central government so far as it appears to it to be necessary for maintaining or increasing the production and supply of an essential commodity, may by order authorise any person to exercise, with respect to the whole or any part of any such undertaking such functions of control as may be provided by the order and so long as that order is in force the authorised controller would exercise his functions in accordance ..... , bombay city : [1960]39itr540(sc) and commr. ..... vii of 1939. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ1218
..... order says that under section 39(1) and 41(2) of united provinces indian medicine act, 1939, the ayurvedic and unani practitioners who have been registered under the said act enjoy same status as the allopathic registered practitioner and that there is no provision in the indian drugs act and rules framed thereunder specifically prohibiting the registered ayurvedic and unani practitioners from prescribing sulpha drugs and accordingly no objection should be raised to vaidyas and hakims using sulpha drugs, streptomycin and ..... the preamble of the united provinces indian medicine act, 1939, which was published on september 23, 1939 says that it is an act to provide for the development of the indian systems of medicines and to regulate their practice in the united provinces. ..... the earlier act namely, the united provinces medical act, 1917 may be considered first, section 2 of this act gives the definition and sub-section (b) provides that the expression 'the council' means the council established under section 3 and sub-section (c) provides that the expression 'registered practitioner' means a person registered under the provisions of this act. ..... iii of 1917) (2) the united provinces indian medicine act, 1939 (u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All327
..... thus, when the present limitation act (act ix [9] of 1908) was framed, the legislature was aware of how the language used by it in article 167 (2), limitation act of 1871 (act ix [9] of 1871) or the same language used by it in article 179 (2), limitation act of 1877 (act xv [15] of 1877) and the same language used by the bengal legislature in a tenancy act, had been interpreted and understood by the courts: (h. ..... 273) ubi supra), but, on the contrary, distinguished it, the context and the circumstances, therefore, clearly indicate that the learned judges did not intend to hold anything beyond this, that am appeal from a decree passed after review was an appeal contemplated by article 179 (2), limitation act of 1877 (act xv of 1877) corresponding to article 182 (2) of the present limitation act, and further that the learned judges did not intend in any way to depart from the decision in sheo prasad's case (2 all. ..... so that it may be said that the same view now prevails in the bombay high court also. ..... (26) 1939 mad 157), justifies the conclusion that any appeal which imperils the decree sought to be executed is an appeal contemplated by article 182 (2).44. ..... (1939) mad. ..... (26) 1939 mad. ..... (1939) mad. ..... (26) 1939 mad. ..... (1939) mad. ..... (1939) mad. ..... (26) 1939 mad. ..... (26) 1939 mad. ..... (1939) mad. ..... (26) 1939 mad. ..... (1939) mad. ..... (26) 1939 bom. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... interference.but before i part with the judgment i may observe that the need of the time is that the codified law on the subject matter of muslim marriage, divorce and other allied matters should be enacted keeping pace with the aspiration, of the constitution and its provisions including those contained in parts iii, iv and iv-a thereof in the form of enactments such as special marriage act, indian divorce act or dissolution of muslim marriage act, 1939, hindu marriage act 1956 or the like, so as to avoid the harping in darkness on account of uncodified law ..... act and are to be decided on the basis of the various authorities and the law defining the family, tenure-holder and the definition of the terms 'family and the 'tenure-holder' given in the imposition of ceiling on land holdings act sri mannan further submitted that it appears from the judgment of the prescribed authority and the appellate authority that the question before the prescribed authority was whether rahmatullah and his wife remained husband and wife after the so-called talaq on the basis of the statement of the witnesses from both the ..... under note 1831 of holy qur'an by maulvi mohammad ah referred to above it is written 'because prophecy plainly showed that the arabs were to be the recipients of the revelation (see isa 42 : 11 : let the wilderness and the cities thereof lift up their voice the village that kedar doth inhabit' in the old testament kedar the son of ismael, stands for the arab nation. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All660; 1959CriLJ1253
..... under this section the necessity for obtain-ing a sanction for the prosecution of a person under section 19(f) of the arms act depends on whether section 32, clause 2, of act xxxi of 1860 was in force at the place where the offence was committed in the year 1878 when the indian arms act was enacted, if the offence is committed in an area where section 32, clause 2, of act xxxi of 1860 was in force in the year 1878 sanction was required only during the first three months after the coming into force of the arms act. ..... 193 of air) exnlained the true meaning and scope of article 14 as follows : 'the provisions of article 14 of the constitution have come up for discussion before this court in a number of cases namely, charanjit lal v union of india, : [1950]1scr869 , state of bombay v. f. n. ..... state of bombay, : 1952crilj1167 , qasim, razvi v. ..... cases where the need is deemed to be the clearest ; (e) that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and (f) that while good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... 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 union ..... supersede, but to work in harmony with and to a certain extent in subordination to the legislate council of the viceroy, which had the power of making laws and regulations for the whole of india the high courts act, 1861, by section 9, provided that the high courts shall have and exercise the various jurisdictions and powers (mentioned in the section) 'subject and without prejudice to the legislative powers in relation to the said matters of the governor-general of india in council', this section and clauses 37 and ..... 888 their lordships, first of all laid down the scheme of conferring jurisdiction and powers on courts and thereafter observed with respect to : [1951]2scr51 as below:'that these entries contemplate such a scheme was brought out in 1951 scr 51 = (air 1951 sc 691 where it was contended that the bombay city civilcourt act. ..... 1939 or the uttar pradesh zamindari abolition and land reforms act ..... act, 1939, or the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All1; 1960CriLJ1
..... what the court is doing by declaring the section unconstitutional is acting mechanically and considering only the tact that some inequality results which has no connection with the subject-matter of the law.simple inequality is being held to invalidate the law, no regard is being paid either to the intention of the legislature or to the object behind the enactment of section 27 or to the circumstances in which the legislature selected the words to be used in it and the legislature is denied the right to direct its law against what it deems to be an evil as it actually exists. ..... (2) that in case it was held that the section did make a distinction between persons in custody and persons not in custody, in view of the form in which the section stood at the mme when it was lifted out of the criminal procedure code of 1861 as amended in 1869 and introduced in the evidenceact of 1872 the section should be interpreted as ifthe expressions 'a person accused of any offence' and 'in the custody of a police-officer' were separated by the conjunction 'or'. ..... in the case of pakala narayana swami the judicial committee of the privy council held in 1939 that the general prohibition in section 162 was wide enough to coyer a statement which would otherwise have been admissible in evidence under section 27 of the evidence act. ..... state of bombay : 1955crilj196 and by this court in queen-empress v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All775
..... the appellant then took the matter in appeal to the high court and the main contention urged on their behalf was that as jamkhandi had merged in the bombay province prior to the date of the dismissal of the execution application the court of jamkhandi should not have refused to execute the decree.the high court took the view that on the date of the decree the belgaum court was certainly a foreign court which was not competent to pass ..... on the same footing as the instrument of accession which was executed by the rulers of the various states soon after the coming into force of the indian independence act (vide appendix vii of the white paper) the principal difference being that instead of the three subjects in respect of which the former instrument of accession has been executed the latter instrument applied to all the matters enumerated in lists i & iii of the 7th schedule of the government of india act, 1935.if the former instrument of accession left untouched the full autonomy and sovereignty of the states ..... limits that its tribunals can inquire into that non-resident's obligations to its own citizens.....if the non-residents have no property in the state, there is nothing upon which the tribunals can adjudicate .....where lift is not within such territory and is not personally subject to its laws, if, on account of his supposed or actual property being within the territory, process by the local laws may, by attachment, go to compel his appearance and for his default to .....
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