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Judgment Search Results Home > Cases Phrase: ancient hindu law Court: allahabad Year: 1974 Page 1 of about 8 results (0.020 seconds)

Jan 31 1974 (HC)

Shitla Prasad and ors. Vs. Bans Bahore and ors.

Court : Allahabad

Decided on : Jan-31-1974

Reported in : AIR1974All197

..... loss of their rights. the ancient roman law recognised a number of exceptions to the general rule of limitation. under the civil laws of rome the rule was 'nullum tempus occurrit regi' (lapse of time does not bar the right of the crown). even the ancient hindu jurisprudence admitted several exceptions to the ..... of ascertaining as to whether the benefit of section 6 of the limitation act should be extended to proceedings under that special or local law. the intention of the legislature to apply the entire limitation act to proceedings under the act is unambiguous. hence, we cannot look to ..... local or special act is quite clear, the application of section 29 (2) (b) of the limitation act to the special or local law must be deemed to have been excluded by the legislature. there would be no justification for circumscribing the applicability of the limitation act in such ..... of the soil and the state in the uttar pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to make provision for other matters connected therewith,it is hereby enacted as ..... section 29 of the limitation act, the relevant portion of which reads as under:'section 29(1) ................................................(2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first schedule, the provisions of section .....

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Mar 20 1974 (HC)

Raj NaraIn Vs. Smt. Indira Nehru Gandhi and anr.

Court : Allahabad

Decided on : Mar-20-1974

Reported in : AIR1974All324

..... authority. reliance was placed on article 329 of the constitution, which reads as below:--'notwithstanding anything in this constitution--(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 327 or article ..... significant, as cohen has neatly observed in his ethical systems -- 'words are frail packages for legislative hopes. the voyage to the realm of law observance is long and dangerous.' it is a question of serious import whether a person should be allowed to take advantage of his illegitimate action in ..... :'the statute has clearly proscribed inspection of documents relating to the affairs of the state. the rule of conduct which is prescribed by this law is that no person should pry into confidences of governmental affairs. but the conduct of the petitioner clearly runs counter to the rule for ..... sri saxena, therefore, clearly indicates that at no stage he claimed any privilege under section 123 of the evidence act. he stated that the law department had advised the home department to claim privilege and yet no formality was observed, nor any step was taken by the home minister to ..... that even if the information is based on unpublished official records relating to the affairs of state, the same could be given in evidence in law courts, provided the head of the department has no objection and he so permits. therefore, the question about permitting any evidence to be led .....

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Apr 10 1974 (HC)

Vinaya Chandra Misra Vs. Sachindra Kumar Sarkar

Court : Allahabad

Decided on : Apr-10-1974

Reported in : 1974CriLJ962

..... subordinate court on its own motion and that it merely confers a power on the court of which the contempt is committed and on the principal law officer of the government concerned also to move the court for punishing such a contempt.26. the result, therefore, is that the contention raised ..... legislature, therefore enacted section 15(2) merely to confer that power on the court of which the contempt is committed as also on the principal law officer of the government.23. a reference was made by learned counsel for the opposite party to article 225 of the constitution and urged that ..... 1972]2scr838 it was observed:it is settled law that where two constructions of a legislative provision are possible, one consistent with the constitutionality of the measure impugned and the other offending the same, the ..... to interpret statutory provisions, unless compelled by their language, in such a manner as would involve its constitutionality because the legislature is presumed to enact a law which does not contravene or violate the constitutional provision.21. in case state of m. p. v. chhota bhai jetha bhai and co. : [ ..... . despite, it, however, the court cannot suo motu take action to punish contempt unless the court concerned makes a reference or any of the law officers specified in that section make such a reference.taking another illustration, contempt of the grossest type may be committed by a presiding officer of a .....

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Apr 25 1974 (HC)

P.C. Gupta Vs. State and anr.

Court : Allahabad

Decided on : Apr-25-1974

Reported in : 1974CriLJ945

..... inspector general of police. chandigarh, alleging commission of offences under sections 420, 109. 114 and 120b of the indian penal code by resnondent r. p. kapur and his mother-in-law. on the 18th july, 1959, r. p. kapur. respondent, was taken in custody by the police following investigation in consequence of the report dated 10th december. 1958 lodged by m ..... and s.n. sharma v. bipen kumar tewari : 1970crilj764 the division bench decision of this court in 1963 all lj 334 : 1963 (2) cri lj 64 was no longer good law. the learned single judge being of the opinion that the point raised 'before him was one of importance and likely to be raised in various cases which may be pending .....

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Nov 12 1974 (HC)

Sher Singh and ors. Vs. Pirthi Singh and ors.

Court : Allahabad

Decided on : Nov-12-1974

Reported in : AIR1975All259

..... position to dominate hiswill. it was, therefore, for the defendants to establish to the satisfaction of the court that the gift deed had been obtained without exercising undue influence. the law did not require the plaintiff to establish positively that in fact the deed had been obtained by exercising undue influence and in that view of the matter the plaintiff could ..... transactions in which one party by exercising his position of dominance obtains an unfair advantage over another. the indian contract act is founded substantially on the rules of english common law. sub-section (1) of section 16 of the contract act lays down the principle in general terms. by sub-section (2) a person is deemed to be in a position ..... influence. as pointed out by the supreme court in ladli prasad jaiswal v. the karnal distillery co. ltd., (air 1963 sc 1279) the doctrine of undue influence under the common law was evolved by the court in england for granting protection against transactions procured by the exercise of insidious forms of influence spiritual and temporal. the doctrine applies to acts of ..... it had been read over and explained to him and he had fully understood the disposition. it was further alleged that some persons instigated the plaintiffs daughters and son-in-laws who started pressing the plaintiff to get the deed cancelled. these very persons compelled the plaintiff to file the present suit against his wishes.3. the learned trial judge dismissed .....

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Apr 22 1974 (HC)

Bhola Nath Kesari Vs. Director of State Lotteries and ors.

Court : Allahabad

Decided on : Apr-22-1974

Reported in : [1974]95ITR171(All)

..... winning in a lottery is a gift, tax on a gift would be covered by entry 97 of the union list and parliament alone would be competent to enact a law in respect thereof. it was so held by the supreme court in the second gift-tax, officer, mangalore v. d.h. nazareth, [1970] 76 i.t.r. 713 (s.c ..... which deals with lotteries organised by the centre or the government of a state also does not confer power on parliament to levy tax on lotteries. it can pass other laws in respect of lotteries organised by the centre or the state, but cannot levy a tax. the power to levy tax is to be found in entries 82 and 97 ..... from such sales.19. reliance was then placed on entry 34 of the state list which relates to ' betting and gambling '. this entry also enables a state legislature to enact laws in respect of betting and gambling. but this entry does not authorise the state legislature to levy tax on income or gains arising from betting and gambling. it is well ..... entry 62 of list ii of the seventh schedule (hereinafter referred to as the state list). in other words, the argument is that parliament has no power to enact a law levying tax on lotteries and it is only the state legislature which can do so, -if at all.10. entry 82 of the union list provides for taxes on income .....

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Mar 25 1974 (HC)

Bhola and ors. Vs. State

Court : Allahabad

Decided on : Mar-25-1974

Reported in : 1974CriLJ1318

..... that every citizen is entitled to live in liberty till he commits an offence; and nobody, including the state, should take away his liberty without establishing before a court of law that he had committed the offence and thus rendered himself disqualified for enjoying the liberties of a free citizen.3. but the presumption comes under cloud as soon as accusation ..... ? that's the question. the argument is that till the appeal is finally decided by this court, the appellant be presumed to be innocent. every citizen is presumed to be law-abiding and innocent. but when the court speaks of presumption of innocence of the accused, it only means to stress that the burden of proving guilt lies entirely on the ..... is made and incriminating material comes before the investigating officer. it is only because of this cloud that the law permits the arrest and consequential curtailment of personal liberty of the accused even before the guilt is established in a court of ..... law. the cloud deepens and the matter oversteps the zone of presumption and enters the realm of evidence when the case goes to court and evidence stasts. it then becomes a .....

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Mar 06 1974 (HC)

Commissioner of Income-tax Vs. Dr. P.N. Awasthi and

Court : Allahabad

Decided on : Mar-06-1974

Reported in : [1976]105ITR320(All)

..... widows was diverted from the family to them by an overriding obligation in the nature of a charge, and the income could not be said to accrue to the joint hindu family at all.'11. the principle deducible from these decisions seems to be whether an obligation is on the income or is in the nature of a charge upon the ..... to the outgoing agents. it was not established that the payment of compensation was by an overriding title created either by the act of the parties or by operation of law. it was held that payment of compensation by the assessee to the outgoing agents was not by an overriding title. though the assessee did pay out the amount sought to ..... it readies the assessee, it is deductible ; but where the income is required to be applied to discharge an obligation after such income reaches the assessee, the same consequence, in law, does not follow. it is the first kind of payment which can truly be excused and not the second. the second payment is merely an obligation to pay another a ..... satish chandra, j.1. these four references raise the same question of law, namely, whether on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that on a correct interpretation of the relevant rules .....

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