Court : Allahabad
Reported in : 2007(1)AWC274
..... set aside as the same is in violation of principles of natural justice.4. the dismissal of a village or road-policeman is provided for under section 36 of the oudh laws act, 1876, which is quoted hereinbelow:dismissal of village or road-policeman.- the magistrate of the district may dismiss any village-policeman or road-policeman for any misconduct or neglect of duty ..... was appointed as a chaukidar under the provisions of regulation 96 of the u.p. police regulations, read with the provisions of n.w.i. village and road police act, 1873 and the oudh laws act, 1876. by the impugned order dated 3rd june, 2006 the services of the petitioner have been terminated by the district magistrate, lalitpur with immediate effect on the basis of .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(2)ALD(Cri)116; (1932)34BOMLR1048
..... binding upon her, and that what she took she was free to transfer to them.14. the law by which this question must be judged is, their lordships think, prescribed by section 3 of the oudh laws act, 1876, and failing the earlier clauses of the section which seem to have no application, ' the ..... courts shall act according to justice, equity and good conscience,' which has been adopted as the ultimate test for ..... properties in suit to a stranger was otherwise than binding upon her.19. their lordships have heard much discussion of the question whether the shia law permits of the creation of a vested remainder in such an indeterminate body as the heirs of a living person, but, in the view ..... it was said by lord hobhouse in waghela rajsanji v. shekh masludin that the expression 'equity and good conscience' was generally interpreted as meaning english law, if found applicable to indian society and circumstances. if this is to be the test there is authority that in england a partial restriction would ..... upon sughra bibi's power of alienation valid and legally enforceable the learned judge, after a detailed but not very informing examination of the case law on the subject, held that the restriction imposed by the deed on the lady's power of alienation was invalid and inoperative, and he accordingly .....Tag this Judgment!
Court : Allahabad
Reported in : (1902)ILR24All420
..... brought to enforce a right of pre-emption, the plaintiff claiming such right as being a person entitled to preempt under the provisions of the oudh laws act, 1876 (act no. xviii of 1876).3. the property to which the suit relates is a mahal called patti sabal shah, and was sold by the deputy commissioner of gonda, as ..... question is particularly obscure, and it is by no means easy to place an interpretation upon it with any degree of confidence. chapter vi of the oudh laws act, 1876, deals with pre-emption. in section 7 it is provided that in the absence of any custom on contract to the contrary the right of pre ..... no explicit provision to that effect, villages including tenures of different kinds fall within the provisions of section 7 and 9 of the oudh laws act, 1876, and that question is therefore not referred to us. the village of paharpur is such u composite village, the vendor holding a proprietary ..... tenure as the property sold.8. the right of the plaintiff, if he possess any, depends upon the provisions of sections 7 and 9 of act no. xviii of 1876, called the oudh laws act. section 7 enacts that 'unless the existence of any custom or contract to the contrary is proved, such right (i.e. of pre- ..... can bear no narrower meaning. they seem large enough to cover possession of any or all of the various interests specified in section 7 of the oudh laws act, and to confer on the body of persons entitled to preemption under class 3 a right in no way restricted by the diversity of the tenure .....Tag this Judgment!
Court : Mumbai
Reported in : (1910)12BOMLR508
..... the taluqa is made up.9. their lordships think that the meaning which mr. chamier has attributed to the term ' mahal' is the proper meaning of the word in the oudh laws act, 1876, and that although gajadhar and ganesh may have been jointly liable to the taluqdar for the government revenue plus malikana, as the rent of the villages and pattis assigned to ..... the second clause was one he thought of greater difficulty. the word ' mahal' he observes is not defined in the act, but he goes on to say :-the word is a term of the revenue law and as the oudh laws act, 1876, and the oudh land revenue act were passed on the same day and refer to each other it is permissible to refer to the latter ..... act *** in order to ascertain the meaning of the word ' mahal' in the oudh laws act.8. then he refers to the case of munna lal v ..... macnaghten, j.1. this appeal is concerned with a claim to pre-emption under the oudh laws act, 1876, in respect of three entire villages and two pattis or portions of two other villages forming part of a taluqa called saraura.2. by section 9 of the act the right of pre-emption where it exists is given on the occasion of a sale.1st, to .....Tag this Judgment!
Court : Privy Council
..... the high court of judicature, n.w.p., stanley, c.j., blair and burkitt, jj., held that under the said class (3), s. 9, oudh laws act, 1876, a person holding an under-proprietary interest in a portion of a mahal sold by the court of wards on behalf of the proprietor of the mahal was ..... by reason that he had under-proprietary right in the mahal, a member of the village community within the meaning of cl. (3), s. 9, oudh laws act, 1876, so as to entitle him to pre-emption in respect of the land in suit. he took the same view of the sections as mr. young in ..... conclusion, their lordships think it desirable to state the arguments presented in respect thereof. their lordships' attention was drawn to certain decisions in oudh relating to ss. 7, (a) and 9, oudh laws act, 1876. the first to which it is necessary to refer is ashraf-un-nissa v. parbhu narain (1). in that case the judicial ..... . the findings of the chief court were challenged on behalf of the appellant on the following grounds: (1) that the law of pre-emption contained in ch. 2 of part 3, oudh laws act 1876, does not apply to the sale of such a mahal or a talukdari mahal; (2) that if the plaintiffs had ..... plaintiff was brij mohan pande and the defendant was the abovementioned appellant, raja bikram singh. in each case a claim for pre-emption under the oudh laws act of 1876 of certain property was made by the plaintiffs against raja bikram singh. the subordinate judge of gonda dismissed both the suits. the plaintiffs appealed to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2003(2)SC1b; 2002(2)SCALE23; (2002)2SCC652; 1SCR833
..... upon favourably as it operates as a clog on the right of the owner to alienate the property but in view of sections 7 and 8 of oudh laws act, 1876, legislative recognition has been given to customary right of pre-emption in the area where suit land is situated, the only difference is that in respect ..... in the town of tanda and that the plaintiff could not prove the right of pre-emption of a co-sharer in respect of suit property.admittedly, oudh lands act 1876 is applicable to the suit land. the chapter ii deals with right of pre-emption. we may extract below clause (b) of section 7 and ..... this custom was either abandoned or discontinued.the high court relying on the decision of abdul alim and others versus hayat mohammad and others [air (33) 1946 oudh 188] held that the customary right of pre-emption ceased to exist in the town. mr. p.s. mishra, learned senior counsel for the plaintiff has ..... plaintiff was a co-sharer. relying on some provisions of the u.p. urban areas zamindari abolition and land reforms act, 1957, mr. dwivedi has also contended that after enactment of the above act the concept of pre-emption ceased to exist. this point is never urged either before the high court or before ..... section 8 of the said act, which are relevant for the present purpose:7. presumption as to its existence.- unless the existence of any custom or contract to the .....Tag this Judgment!
Court : Allahabad
..... order of the district magistrate do not deserve any interference. 5. having heard learned counsel for the parties we find that the provisions of the oudh laws act, 1876 do not require a full scale enquiry and the only requirement by the district magistrate is to give a reasoned order. it is for this ..... 1. the appellant was a village policeman appointed under the provisions of oudh laws act, 1876 read with the provisions of the u.p. police regulations and u.p. road police act, 1873. the appellant was dismissed from service by the order of the district magistrate, lalitpur dated 3rd june, 2006 which ..... came to be assailed by the appellant in writ petition no. 37265 of 2006 complaining of violation of the aforesaid provisions particularly section 36 of the 1876 act. the writ petition was allowed on 19th july, 2006 on the ground of violation of principles of natural justice whereafter the district magistrate passed a ..... reason that the principles of natural justice were read into section 36 of the 1876 act, and vide judgment dated 19th july, 2006 the matter was remanded back to the district magistrate. neither the provisions of section 36 nor any ..... and objections to the report submitted by police authorities. 9. the discretion so exercised by the learned single judge therefore is perfectly in accordance with law and the learned counsel for the appellant has been unable to make any dent so as to persuade us to take a different view. in .....Tag this Judgment!
Court : Mumbai
Reported in : (1938)40BOMLR843
..... first application made by her was against her son, the taluqdar, and asked for attachment and sale of certain taluqdari villages. such property is protected by the provisions of the oudh laws act, 1876, and by rules made under section 68, civil procedure code. the sales officer, having submitted the case to the local government for sanction of an execution sale, was informed that, as the ..... of the matter from an indian standpoint.15. a further decision of the chief court remains to be considered. sadiq ali made an application under section 3 of the oudh settled estates act, 1917, and on december 21, 1923, having obtained the necessary permission, he duly declared by deed that a certain portion of the taluqa was in future to be held ..... family by each. the property of which he was possessed at his death comprised the taluqa of makanpur rahimabad, an estate which had been entered under section 8 of the oudh estates act (1 of 1869) in list ii as an estate which according to the custom of the family ordinarily devolved upon a single heir. in addition thereto, however, he was ..... that the heir takes a share in the nett estate after deduction of the debts of the deceased, the mahomedan law is in line with other laws including the hindu law and the second chapter of the indian succession act, 1925. the single heir under act i of 1869 also takes subject to debts. so far as their lordships are aware, the particular problem presented .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : AIR2010J& K59
..... his means and not even commensurate with his financial status, as mehar or dower. such legislation was made in the state of oudh as back in 1876. section 5 of oudh laws act 1876 laid down that the court is not to award the amount of dower stipulated in the contract of marriage but only such sum ..... case-is remanded to learned trial judge with a direction to determine the, reasonable dower within meaning of section 2 of the jammu & kashmir dower act 1920 and thereafter decide the suit accordingly. the trial court may frame an issue in this regard so that parties are aware of the controversy and ..... statement admitted that only two third of the dower was recoverable from the appellant. again the trial court though making mention of jammu & kashmir dower act 1920 in the judgment avoided to opine whether the-dower mentioned in the nikah nama ex.rw. 2/1 was excessive having regard to means of ..... 2500 ashrafi's (gold sovereign) regardless of the evidence on the file, the spirit of shariah and the provisions of jammu and kashmir muslim dower act and proceeded to pass a decree for rs. 7,56,000/- against the appellant. the respondent in her objections treated as cross appeal is aggrieved ..... is not settled or remains unspecified at the time of marriage the marriage is not rendered invalid but the law presumes settlement of dower estimated on settled principle. it nonetheless is not a purely optional act but is absolutely obligatory. in such cases, where no dower is fixed at the time of marriage or .....Tag this Judgment!
Court : Privy Council
..... was not binding upon her, and that what she took she was free to transfer to them, the law by which this question must be judged is their lordships think prescribed by s. 3, oudh laws act, 1876, and failing the earlier clauses of the section which seem to have no application, "the courts shall ..... act according to justice, equity and good conscience," which has been adopted as the ultimate test for all the provincial ..... v. shekh masludin (2)at. p.96 (of 14 ia) that she expression "equity and good conscience" was generally interpreted as meaning english law, if found applicable to indian society and circumstances. if this is to be the test there is authority that in england a partial restriction would not ..... upon 'sughra bibi's power of alienation valid and legally enforceable." the learned judge after a detailed but not very informing examination of the case law on the subject held that the restriction imposed by the deed on the lady's power of alienation was invalid and inoperative, and he accordingly ..... small compass. in 1868 one sughra bibi brought a suit against her cousin afzal husain, claiming a half-share in certain immovable properties in oudh which had been entered in his name at the post-mutiny settlement. the litigation ended in a compromise upon which a decree was passed in .....Tag this Judgment!