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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: allahabad Year: 1989 Page 2 of about 43 results (0.048 seconds)

Apr 28 1989 (HC)

Sultan Ahmad (deceased by L.R's.) Vs. Rashid Ahmad and others

Court : Allahabad

Decided on : Apr-28-1989

Reported in : AIR1990All47

..... paid valuable consideration. the suit was hence barred by section 41 of the transfer of property act.6. on the pleadings of the parties, relevant issues were framed. the trial court accepted the case of the plaintiff as to the nature ..... with a view to perpetrating fraud and did in fact perpetrate fraud, the court shall decline to assist either party as there is no difference in the degree of the guilt of the plaintiff and the defendant.10. the ratio of this decision applies with full force to the facts of the present case. indeed ..... . a further relief was claimed asking the defendant no. i to return the consideration of the subsequent sale effected by him in favour of defendant no. 2 to 5.2. the trial court had decreed the suit. on appeal by the defendant no. 1 the decree passed by the trial court was set aside and the ..... binding on the plaintiff and that it was wrong to say that same had been executed to defeat the interest of the creditors. the defence of the defendants 2 to 5, on the other hand, was that the defendant no. 1 was an ostensible owner and they have purchased the property in good faith and have ..... sale deed started asserting his title over the property and in pursuance of the same executed a sale deed of the disputed property in favour of defendant no. 2 to 5 who threatened to give effect of the sale deed as the suit.5. two written statements were filed --one by the defendant no. 1 and .....

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Jul 17 1989 (HC)

Surendra Kumar and Another Vs. Rajendra Kumar Agarwal

Court : Allahabad

Decided on : Jul-17-1989

Reported in : AIR1990All49

..... stage.6. heard the learned counsel for theparties.7. learned counsel for the applicant sri rajesh tandon has very strenuously submitted that the trial court has acted in an arbitrary manner in decreeing the suit even without the applicants (defendants) written statement having been brought on the record. the trial court granted ..... have suggested that virendra kumar goel has a right to maintain the suit. the trial court illegally erred in decreeing the suit and has in fact acted in the exercise of the jurisdiction illegally and has committed material irregularity. once such an allegation was made in the plaint giving such a right ..... was deferred till 27-10-1988 again an application for 15 days time to bring stay order was filed but the time was allowed till 2-11-1988. on 2-11-1988 the defendant again filed an application for a month's time to bring stay order. the trial court granted time till 17- ..... allowed.9. no such stay order was ever produced on (8-10-1988. another application 52-c was filed for granting adjournment as the applicant no. 2 had gone to allahabad to obtain stay order. by that time no written statement was filed. the court further found that compliance of order 15, rule ..... pendente lite and furture mesne profit at the rate of rs. 15/- per day, the applicant (tenant) has preferred this revision.2. when this revision was listed for admission on 2-3-1989 after hearing the learned counsel for the applicant sri rajesh tandon for the first time, it was directed to be .....

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Oct 18 1989 (HC)

irfan Ali Khan Vs. Rajendra Singh

Court : Allahabad

Decided on : Oct-18-1989

Reported in : AIR1990All78; (1990)1UPLBEC248

..... reason for referring the matter to a larger bench.3. the jurisdiction to try an election petition under the act vests in the high court. sub-s.(2) of section 80a of the act provides :--'2) such jurisdiction shall be exercised ordinarily by a single judge of the high court and the chief justice ..... in an election petition unsettled or in a fluid state or be set with diametrically opposite views of benches of equal strength sections 80a and 86 of the act do not intend in their letter or spirit to negative the law of the land on the subject of adherence to ..... whether there should be literal compliance in order to save dismissal of the election petition under sec. 86(1)? (2) whether it is necessary for compliance of the provisions of sec. 81(3) of the act to mention the words attested true copy above the signature of the election petitioner on each ..... copy or whether mere signature or signature with the words 'the copy' will be complete compliance of the provisions of the law?'2. in pursuance of ..... shall, from time to time, assign one or more judges for that purpose: provided that where the high court consists of one judge, he shall try all election petitions presented to that court.'according to sub-s. (2 .....

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Nov 15 1989 (HC)

Hajari Lal Vs. Siya Saran and Others

Court : Allahabad

Decided on : Nov-15-1989

Reported in : AIR1990All73

..... hazari lat and siya saran & others, whereby the learned judge has held the document 52c, which is, indisputably, a copy of an award, to be inadmissible in evidence.2. under section 25 of the act only such decrees or orders are open to challenge which are made in any case decided. it cannot be gainsaid that any order which docs not adjudicate upon ..... order neither adjudicates upon any right or obligation of the parties in controversy nor affects any of their right or liability and as such it is not revisable under section 25 of the act. in any case, if there is any error, defect or irregularity in the impugned order adjudicating upon the admissibility of the document it will be upon to challenge ..... any right or obligation of theparties in controversy cannot amount to a case decided, which is a condition precedent for exercise of powers under section 25 of the act. in its decision, rendered in the central bank of india ltd. v. gokal chand, reported in air 1967 sc 799, the hon'ble supreme court has held that ..... order1. this revision under section 25 of the provincial small cause courts act, 1887, hereinafter called 'the act', is directed against the order dated 15th september, 1989, passed by the 1st additional district judge, banda, exercising the power of judge, small cause court, in suit no. 14 of .....

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Nov 03 1989 (HC)

Union of India Vs. Sri Simon

Court : Allahabad

Decided on : Nov-03-1989

Reported in : AIR1990All74; [1990(60)FLR147]; (1990)3UPLBEC1866

..... did not inform about the delay in filing the appeal and it was after some time that the applicant per force was directed to file an application under section 5 of the limitation act along with an affidavit. learned counsel for the applicant further submitted that the applicant had to undergo various formalities in filing the appeal after the decision of the ..... a litigation like an individual as they have to rely on the working of their officers/ officials and their counsel as well. while disposing of an application under section 5 of the limitation act the court is only required to consider the sufficiency of the case taking into account the reasonable facts of the case. there is no doubt that the consideration ..... -9-1983 and the appeal was filed on 20-10-1983. later on it was found that the appeal was beyond-time and as such an application under section 5 of the limitation act for condonation of delay was filed on 31-10-1983. this application was supported by an affidavit. the application was, however, rejected vide order dt. 24-9-84 ..... for condonation of delay in filing appeal against the judgment and decree dated 5-8-1983 in suit no. 225 of 1983 decreeing the suit of the plaintiff opposite party.2. the facts in brief arc that the opposite party who was a mess worker in air force atagra filed suit no. 225 of 1983 for setting aside his order of .....

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Jul 28 1989 (HC)

Dr. Shakeel Ahmad Vs. Smt. Sabina Khatoon

Court : Allahabad

Decided on : Jul-28-1989

Reported in : AIR1990All11

..... to know of this dismissal, she moved an application for restoration of the suit accompanied by an application for condonation of delay, under s. 5 of the act. she pleaded that the default in appearance was neither deliberate nor want on. the application of the applicant was opposed by the defendant-applicant.3. taking into ..... moving the condonation application, has examined the applications of the opposite party under o. ix. r. 9 of the code and under s. 5 of the act, affidavit filed in support thereof and also the objection filed on behalf of the applicant, and is satisfied that, on the facts and circumstances of the case, ..... r. 9 of the code of civil procedure, 1908, hereinafter called the code, along with an application under s. 5 of the indian limitation act, 1963, hereinafter called the act. in the application, the opposite party pleaded that she was a pardanashin lady and dependent on her brother for the purposes of pairavi. her brother had ..... , no doubt, does not indicate the reasons for allowing the restoration application. but, that is not enough for setting aside the order. as required by cl. (ii) of the second proviso to s. 115 of the code, as applicable in the state of uttar pradesh, it has to be established that there would be a ..... order1. heard sri c. b. yadav, holding brief of sri r. h. zaidi, learned counsel for the applicant.2. in suit no. 107 of 1984, wherein the opposite party and the applicant figure as plaintiff and defendant respectively, 4th may, 1987iwas fixed for .....

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Jul 02 1989 (HC)

Brij Bhushan Goswami Vs. State of Uttar Pradesh and Others

Court : Allahabad

Decided on : Jul-02-1989

Reported in : AIR1990All15; (1990)1UPLBEC537

..... 5. so far as the third argument to the effect that the planned industrial development cannot be said to be the public purpose, which required urgent section is concerned, it also lacks force. unemployment is increasing day by day and position is becoming acute and unless state can quickly provide avenues for ..... proceedings on the basis, that the notification under s. 4 is valid. if writ petitions are entertained against a notification under s. 4 of the act at such a late stage, it would be putting the premium on dilatory tactics. the writ petition is thus liable to be dismissed on this ground ..... in the case of rajbali v. state of uttar pradesh, air 1983 all 78 has upheld dispensing of the inquiry under s. 5a of the act for the purposes of planned industrial development by holding that general interest of the public requires industrial development to be made so that not only some ..... petitioner were proposed to be acquired for the aforesaid purpose. as the government was of the opinion that the provisions of s. 17(1) of the act were applicable to the said land, as it was required urgently for the planned industrial development in district mathura, it directed to disperse with the inquiry ..... under s. 5a of the act. the government, on 1-4-1989 issued the notification under s. 6 of the act. thereafter notices were issued to the petitioner on 19-6-1989.2. the petitioner has challenged the notification dated 14-10-1988 under s. 4, .....

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Feb 08 1989 (HC)

Sher Singh Vs. State of U.P.

Court : Allahabad

Decided on : Feb-08-1989

Reported in : AIR1991All27

..... the present petition in which thepetitioner has merely sought a declaratory judgment on the constitutionality of the provisions of u. p. public services tribunal act.10. for the reasons stated above the petition is dismissed at the admission stage.11. after the above order was passed counsel for the ..... the tribunal. this decision, therefore, is clearly distinguishable and cannot be applied to the tribunals constituted under the u. p. public services tribunal act particularly as the order or judgment passed by such tribunals are open to judicial scrutiny and review by the high court apart from being amenable ..... u. p. public services tribunal. he wants a mere declaration that the act under which the tribunal has been constituted is unconstitutional.3. it is true that the powers available to a high court under art. 226 ..... the case and for securing the justice. (iv) cost of this writ petition may be awarded to the petitioner and against the opposite party.' 2. the petitioner is not challenging any order or proceedings of the services tribunal although it is stated that his claim petition is pending before the ..... :--(i) to issue a suitable order, direction or writ declaring the u. p. public services tribunal act as haste, unguided, unjust and unconstitutional legislation having no rule at all uptil now. (ii) to issue a situable order, directions or writ declaring the presence of administrative member as unconstitutional in view .....

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Jul 21 1989 (HC)

Naresh Kumar Gupta Vs. the 3rd Addl. District Judge, Bulandshahar and ...

Court : Allahabad

Decided on : Jul-21-1989

Reported in : AIR1990All23

..... or not.7. to decide this controversy, this court has to look into the provisions of s. 25 of small cause courts act, and provisions of civil procedure code to the said proceedings.8. section 25 of small cause courts act, reads as under:'25. revision of decrees and orders of court of small causes:the high court, for the purpose of satisfying ..... 91 and 92 sections 94 and 95 (so far as they authorise or relate to - (i) orders for attachment of immovable property, (ii) injunctions, (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred ..... , r. 3 or the principles thereof are applicable to the proceedings under s. 25 of small cause courts act.12. section 7 of civil procedure code mentions about the provisions which are not applicable to the courts constituted under provisions of small cause courts act, which reads as follows:--'7. provincial small cause courts: the following provisions shall not extend to courts constituted ..... act does not extend exercising a corresponding jurisdiction) that is to say:-- (a) so much of the body of the code as relates to - (i) suits excepted from the cognizance of a court of small causes:. (ii) the execution of decrees in such suits; (iii) the execution of decrees against immovable property; and (b) the following sections, that is to say - section 9, sections .....

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May 17 1989 (HC)

Nadir HusaIn Vs. Regional Transport Officer, Kanpur

Court : Allahabad

Decided on : May-17-1989

Reported in : AIR1990All35

..... indicated, this petition is based on the premise that the transport authority has made a delegation, in favour of its secretary of all its powers under s. 62 of the act. section 62, insofar as it is relevant to the present controversy, enables a regional transport authority to grant permits, effective for a limited period not exceeding four months to authorise the ..... jurisdiction to grant a temporary permit on that portion. the order rejecting the application for notified portion is being impugned in the present writ petition.2. section 68f of the motor vehicles act, 1939 (hereinafter referred to as the act) casts a mandatory duty upon a regional transport authority or the state transport authority, as the case may be, to issue a permit to ..... occasion for exercising such a power will arise on the conditions enumerated in the proviso to s. 68-ff being fulfilled. the submission is fallacious.4. sub-section (5) of s.44 of the act provides that the state transport authority or any regional transport authority, if authorised in this behalf by rules made under s. 68, may delegate such of its ..... laid down in the rules.5. before we advert to the rule, we may have a quick look into the scheme of chapter iva of the act in which s. 68-ff finds place. section 68-c provides for the preparation of a draft scheme to take over a particular route either to the total or partial exclusion of a private operator .....

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