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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1963 Page 15 of about 347 results (0.210 seconds)

Jan 22 1963 (HC)

R.N. Srivastava Vs. Ghan Shyam Das and anr.

Court : Allahabad

Decided on : Jan-22-1963

Reported in : AIR1964All18

..... the ejectment of the tenant under any one of the clauses (a) to (g) of sub-section (1) of section 3 of the aforesaid act, he will have to determine the lease under section 106 of the transfer of property act first. on the same reasoning even the tenant, who wants to vacate the premises, will have to ..... determine the lease in accordance with the provisions of section 106 of the transfer of property act, by giving 30 days' notice to the landlord, and also vacating the accommodation within the same period. even sending a copy of the ..... he filed the suit for recovery of arrears of rent.3. the contention on behalf of the applicant was that it is section 7 (1) of the control of rent and eviction act which lays down the law for determination of a lease at the instance of the tenant and that the applicant having given ..... ghan shyam das filed the suit for the recovery of arrears of rent against the applicant rule n. srivastava and also against amminuddin siddiqi, opposite party no. 2, who is said to be a sub-tenant in the same accommodation. the trial court dismissed the suit, but it was decreed in revision by the additional ..... district judge, allahabad.2. the point involved in the case is a simple one. the applicant's contention is that when he vacated the house on 1st july, 1961, he .....

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Nov 26 1963 (HC)

Ram Dayal Vs. G.P. Satsangi and ors.

Court : Allahabad

Decided on : Nov-26-1963

Reported in : AIR1965All18

..... the rules has been brought to my notice which provides for any period of limitation for filing an application for execution of a decree passed by a nyaya panchayat section 93 of the act provides for the execution of decrees and states that a decree or order passed by a nyaya panchayat shall be executed by it in such manner as may ..... as may be prescribed the contention of the learned counsel for the petitioner is that in view of section 83 the indian limitation act is inapplicable to proceedings under the act and that there is no other provision in the act which provides for any period of limitation for making an application for execution. there appears to be considerable force in this argument. it ..... of under the act. it further provides that the code of civil procedure 1908 the code of criminal procedure 1898, the ..... of the panchayati adalat and of the learned munsif.2. the contention of the petitioner is that the limitation act was not applicable to the execution proceedings and therefore his application for execution could not be dismissed as time-barred. section 83 of the u. p. panchayat raj act provides that in proceedings under the act the nyaya panchayat shall follow the procedure prescribed by .....

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Jan 28 1963 (HC)

Magan Devi Vs. State Transport Tribunal and ors.

Court : Allahabad

Decided on : Jan-28-1963

Reported in : AIR1964All19

..... , the contention that thefailure to give the necessary declaration should nothave been considered as furnishing sufficientground to allow the appeal by virtue of section 134(2)of the motor vehicles act was not raised. infact, it appears that the arguments there proceededon the basis that, if there was an omission tomake a declaration, ..... true that the tribunal did not record any specific finding that there was failure of justice as it was required to do under section 134(2) of the motor vehicles act but the very fact that the applicant wanted a permit without subscribing to the declaration so as to bind herself by all the ..... that the permit was being sought to be obtained in circumstances which did not carry out the purposes indicated by the various provisions of the act and the rules.that would clearly amount to failure of justice as it would result in denial of issue of permit to others who were ..... to grant of permit as the applicant would not be bound by some of the conditions contained in the terms of the application which the act and the rules contemplate should be carried out by the applicant. the form of application is prescribed by the rules, and the terms of ..... the latter arc given an opportunity to contest their correctness. in these circumstances. the regional transport authority, or the other authorities acting under the provisions of motor vehicles act, have to act on the basis of the statements made in the application accepting them as correct, and that can only be done if .....

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Jan 02 1963 (HC)

Shri Nath and anr. Vs. Smt. Saraswati Devi Jaiswal

Court : Allahabad

Decided on : Jan-02-1963

Reported in : AIR1964All52

..... the accommodation to which the suit relates. the only question which was pressed in this second appeal relates to the validity of the notice. the notice under section 106 of the transfer of property act was sent to both the tenants under one registered cover, the names of both the tenants being mentioned as addressees over the same. the registered cover was ..... was also one of the addressees), even he may be presumed to have constructive knowledge of the contents of the sealed or closed envelope. the notice under section 106 of me transfer of property act will, therefore, be deemed to have been duly served on both the tenants.4. this appeal has no force and is consequently dismissed under order 41, rule ..... contention on behalf of the appellants was that the notice was never tendered to the other tenant and there was, therefore, no service of the notice under section 106 of the transfer of property act on him. so far as this aspect of the case is concerned, the point is fully covereo by the decision of this court in liladhar pandey v ..... addressed to all the joint lessees, but is served only on one of them, there is sufficient compliance with the provisions of the transfer of property act, and i agree with respect, with that view.2. the second point urged on behalf of the appellants was that the notice was sent by the landlord not on a post card, but in a .....

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Jan 09 1963 (HC)

Ram Lachman Vs. J.K. Kapoor

Court : Allahabad

Decided on : Jan-09-1963

Reported in : AIR1965All80

..... to contest that the transfer in favour of abdul aziz dated 4th july, 1947 was not void and could not be set aside under section 53 of the provincial insolvency act.' in this ruling the sections of the relevant act were not analysed and the decision was given solely on the basis of the observation in the said privy council case. it is, therefore ..... and the question that was under consideration was whether the transaction amounted to a fraudulent preference. the corresponding section of the presidency towns insolvency act defining the acts of insolvency is section 9. sub-sections (b) and (c) of that section are as follows: '9. a debtor commits an act of insolvency in each of the following cases, namely: (a) ..... (b) if in the states or elsewhere ..... the transfer was made with the intent of delaying and defeating the creditors. that decision was res judicata and was binding on everybody concerned. on an application under section 53 of the provincial insolvency act, the learned insolvency judge was bound to hold that the transaction was invalid and to annul it without deciding the question again. in support of his argument ..... the petition. this section is as follows: '6. a debtor commits an act of insolvency in each of the following cases namely: (b) if, in india or elsewhere, he makes a transfer of his property or of any part thereof with intent to defeat or delay his creditors: (d) if, with intent to defeat or delay his creditors (i) ............................. (ii) he departs from .....

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Apr 18 1963 (HC)

Hirji Madha Vs. Nagji Kurji and ors.

Court : Gujarat

Decided on : Apr-18-1963

Reported in : (1964)5GLR289

..... declarationthe applicant shall notwithstanding anything contained in the definition of debtorin sub-section (5) of section 2 be deemed to be a debtor for the purposes of this act and the court shall proceed as if an application under section 4 had been made to it.section 25 which follows this section is in the nature of an exception to section 24 and it provides as unden-25 nothing ..... be a bona fide transferee for value without notice of the real nature of the transfer. the wordbona fide is not defined in the act. the bombay general clauses act however does is its section 3(20) setting out definitions state that a thing shall be deemed to be done in good faith where it is in fact done honestly whether it is done ..... . then mr. vakharia argued that the definition given in the transfer of property act of notice should apply to the wordnotice in this act because this particular section deals with transfer of property. but there is no warrant for importing the definition of notice from the transfer of property act which is a central act and not a provincial act as the act is. if the legislature intended to ..... to his knowledge when the information conveyed is express and it brings home knowledge directly to a party the notice is said to be actual notice. actual notice embraces all degrees and grades of evidence from the most direct and positive proof to the slightest evidence from which a court would be warranted in inferring notice. it is a question of .....

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Apr 18 1963 (HC)

Bharat Prasad Vs. Paras Singh and ors.

Court : Allahabad

Decided on : Apr-18-1963

Reported in : AIR1964All15

..... on the ground that the amount due from hardeo singh had been paid off by him, and that the present suit was barred by section 69 of the partnership-act as well as section, 130 of the transfer of property act.2. the trial court repelled all the three pleas-of the defendants, and decreed the suit of the plaintiff for rs. 1,448/15 ..... the learned counsel for the respondents was that the present suit was barred by section 69(1) of the partnership act. this argument seems to ignore the provisions of section 69(3) of the indian parntership act. sub-section (3) of section 69 provides that the provisions of sub-sections (1) and (2) of section 69 shall not apply to enforce any right to realise the property of a ..... been seriously challenged at any stage in view of the admission made by defendant no. 4. under the circumstances the present suit will not be barred by section 69(1) of the indian partnership act. further, the firm having been dissolved the present suit cannot be said to have been filed by i or on behalf of the firm. it is, therefore ..... of his pre-existing right as a partner. such a transaction is not hit by the provisions of section 130 of the transfer of property act. reference in this connection may be made to the case of shanmugha mudaliar v. p. v. rathina mudaliar 1947-2 mad lj 241 : (air 1948 mad 187).8. for the above reasons, i am of the opinion .....

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Oct 09 1963 (HC)

Ram Krishna Barman Vs. Mohan Lal Sahgal and ors.

Court : Allahabad

Decided on : Oct-09-1963

Reported in : AIR1965All10

..... plaintiff cannot possibly ask the court to execute the decree, and that being so the suit fell within the ambit of article 17 (iii) of schedule ii, and not section 7(ii)(a) of the court fees act.the learned senior standing counsel conceded that he was unable to point out any single case decided by any high court wherein it may have been ..... different meaning to the expression 'for' occurring in clause (iv-a), from the meaning which should be given to the same expression 'for' in clauses (i), (ii) (a) and (iii) occurring in section 7 of the act if the expression 'suits for money' should be construed as confined to suits for recovery of money, we see no reason why the expression 'decree for ..... .; lal dhananjay singh v. lal bhim bikram singh, reported in : air1953all442 , it was held that section 7(ii) has no application to a suit for a bare declaration of the plaintiffi right to receive arrears of pension or periodlcal payment. in future to which the pensions act applies. the view taken was that such a suit was governed by article 17 (iii) of ..... b.d. gupta, j.1. this is a plaintiff's appeal, under section 6-a of the court fees act, against an order directing him to pay additional court feet on the plaint giving rise to suit no 14 of 1956 in the court of civil judge, jaunpur.2. it appears that one babu durga prasad who owns considerable property, died leaving a widow .....

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Apr 15 1963 (HC)

L. Madan Lal Haveliwala Vs. L. Sunder Lal and anr.

Court : Allahabad

Decided on : Apr-15-1963

Reported in : AIR1964All38

..... other matters.4. when an award is filed in court it has to give notice to the parties of the filing of it, sea section 14(2) of the arbitration act. the notice is simply of the fact of the filing of the award; it is not to require the parties to do anything, because ..... . if an award is on the file of the court, unlesssteps are taken to have that award set aside acertain definite result must follow and that definite result is the result indicated ......... in section 17.' 16. we are in full agreement with these decisions.17. we hold that the award could not beset aside ..... in shah and co. v. ishar singh : air1956cal321 . the points that he made were that applications of various kinds are conceivable as applications under section 33, that section 33 does not speak of any particular kind of application and does not specify the form of the relief that may be prayed for, that the validity ..... is rather against the appellant than in his favour. agarwala and beg, jj., observed that within thirty days of the receipt of a notice under section 14(2) any party can make an application for setting aside the award and that thereupon the court will hear it and either remit the award or set ..... or attacked in any other way through anapplication made after the expiry of thirty daysfrom the date on which the notice issued under section 14(2) .....

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Sep 27 1963 (HC)

The Asstt. Custodian, Evacuee Property and anr. Vs. Virendra Kumar and ...

Court : Allahabad

Decided on : Sep-27-1963

Reported in : AIR1965All70

..... amount he could not have given effect to such agreement as he had no jurisdiction to do so, particularly, after the amendment of section 10(2)(m) by act 91 of 1956, which had completely taken away the right of the custodian to make any payment to the decree-holder of an ..... proceeding in execution against any property which was vested in or was deemed to be vested in the custodian under the provisions of the act. as the section stands the fact that the custodian was himself a party to the decree and the decree had been passed against him also was ..... in the custodian. the powers and duties of the custodian are set out in section 10. the relevant portion on which the applicant decree-holder relied on was sub-clause (m) of section 10(2) of the act; this reads:'section 10(2)(m): incur any expenditure, including the payment of taxes, duties, cesses and rates ..... of government or to any local authority (or of any amounts due to any employee of the evacuee or of any debt due by the evacuee to any person'6. the last portion of sub-section ..... (m) was deleted by act .....

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