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Judgment Search Results Home > Cases Phrase: oudh laws act 1876 part ii general laws to be administeredin oudh Court: allahabad Page 1 of about 9 results (0.029 seconds)

Apr 13 1973 (HC)

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Reported in : AIR1973All596

..... law administered in, any existing high court......... shall be the same as immediately before the commencement of part iii of this act.''part iii of the act (chapters i to vi) related to the governors' provinces, the provincial executives, the provincial legislature. legislative powers of governor etc. part iii came into force on 1-4-1937 which was appointed date under the provisions of section 320(2). part ii ..... commencement of the act there shall be a chief court in oudh. by section 12 of the act, it was provided, as follows:--'(1) (notwithstanding ..... 4th may, 1925 and was published under section 81 of the government of india act, 1915 on 16th may, 1925. section 3 of the oudh courts act provided that on and from the ..... of any law which altered or affected the very structure of a high court as erected and established.157. the chief court in oudh which was amalgamated with the allahabad high court was constituted under the provisions of the oudh courts act, 1925 (u. p. act iv of 1925). this act received the assent of the governor on 3rd april, 1925 and of the governor-general on .....

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Nov 11 1980 (HC)

Vidya Sagar Sharma and ors. Vs. Anand Swarup Dublish and ors.

Court : Allahabad

Reported in : AIR1981All106

..... a scheme; or (h) granting such further or other relief as the nature of the case may require. (2) save as provided by the religious endowments act, 1863, (or by any corresponding law in force in a part b state), no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect ..... ago by wilson, j. in 15 calcutta 460 in which the class he represents has got special rights as distinct from those of the public generally.'16. the general principle about themaintainability of a suit in respect of areligious endowment as contained inparagraph 284 (1) at page 878 in sir harisingh gaur's hindu ..... , because it seems to me that, if there are any special rights in these village pathways existing in the villagers, as distinct from the public generally, the landlord of the village may well be said to share this special interest, even though he be not a resident of the village, for ..... 449) it was observed (at p. 455) as under:'it is next argued on the pleadings that the plaintiff had sued as representative of the public generally, and not as representative of the villagers alone, and as having some exclusive common interest with the villagers within the meaning of order 1, rule 8, ..... (air 1917 cal 678) it was observed that 'a suit relating to a public trust should not be brought except with the consent of the advocate-general, unless the plaintiffs have a special claim or claim a special interest under and by virtue of the trust' and that 'the interest that the plaintiffs .....

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Mar 19 1959 (HC)

Municipal Board of Bareilly Vs. Kundan Lal

Court : Allahabad

Reported in : AIR1959All562

..... a tax be widespread and be not restricted to any particular locality.26. i can imagine circumstances which may possibly justify imposing a particular tax on a particular part of the municipality. in general such circumstances would be when the tax is imposed to meet the specific costs, initial or recurring, of some work which benefits that particular portion of the municipality ..... the municipal board and its need to raise money, in the matter of the board's deciding as to whether one of the general taxes is to be levied in the whole of the municipality or in any part of it. it would be in the interest of raising the funds and thus consistent with the object of providing funds to the ..... supertax', but from the preamble of the first indian income-tax act of 1886 which is 'an act for imposing a tax on income .....'20. the preamble of the u. p. municipalities act (2 of 1916) is to consolidate and amend the law relating to municipalities and that of the north western provinces and oudh municipalities act (1 of 1900) is 'to make better provision for the ..... a municipality are.'in view of what i have said above about the power to impose a tax in any part of the municipality to be void, the valid portion in sub-section (1) of section 128 would be 'subject to any general rules or special orders of the state government in this behalf, the taxes which a board may impose in .....

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Aug 03 1933 (PC)

Rao Masoom Ali Khan Vs. Rao Ali Ahmad Khan

Court : Allahabad

Reported in : 147Ind.Cas.148

..... , and civil procedure.30. criminal law, including criminal procedure.41. legislation in regard to any provincial subject, in so far as such subject is in part ii of this schedule stated to be subject to legislation by the indian legislature, and any powers relating to such subject reserved by legislation to the governor general in council.36. schedule i part ii-provincial subjects contains:1. local ..... legislate on the 'constitution, powers, maintenance and organisation' of the high court and chief court.41. that the local legislature has exercised such powers is shown by the oudh courts act, u.p. act iv of 1925, which states in the preamble that the governor-general has given his previous sanction required by section 80-a sub-section (3) of the government of india ..... an order so sent shall be executed by the collector in the same manner as if it were an order passed by the collector in proceedings under the agra tenancy act, 1901, or the oudh rent act, 1886, as the case may be.56. to show that the high court has superintendence over the election court under section 107, government of india ..... a civil court decree or order, namely, as if it were an order passed by the collector in proceedings under the agra tenancy act, or the oudh rent act.11. a close scrutiny of the provisions of the district boards act itself leads me to the conclusion that it was never the intention of the local legislature that the district judge's court was .....

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Jul 20 1907 (PC)

Emperor Vs. Ganga Prasad

Court : Allahabad

Reported in : (1907)ILR29All685

..... that the words are wide enough to include such evidence, and i do not think that judicial interpretations can properly limit their scope either in view of general considerations about the policy of protecting witnesses from being harassed or of the absence of any prosecutions being hitherto instituted in such cases.'49. mr. justice fulton ..... of the code, when they were considering this new offence they were creating. they could easily have provided for it had they intended to make it part of the law among the various exceptions contained in the code. sections 77 and 79 and the exceptions to section 499, if i may use the expression, just ..... intended to be and is an act consolidating, defining and amending the law of evidence. it is an act based on the english law of evidence modified to suit india. as section 2 of the act shows, all rules of evidence not contained in any statute, act or regulation in force in any part of british india wore expressly repealed.32 ..... i.l.r., 11 mad., 477 sir a. collins, c.j., applied the observations of cook burn, c.j., in the case of seaman v. netherclift (1876) l.r., 2 c.p.d., 58, and of field, j., in goffin v. donnelly (1881) l.r., 6 q.b.d., 807 as to the rules of public ..... the interest of the individual to that of a higher interest, viz., public justice, and referred to an earlier case, hindi v. bandhy (1876) i.l.r., 2 mad., 13. shephard, j., relied particularly upon baboo gunnesh dutt singh v. mugneeram chowdhry (1872) 11 i.l.r., 321. the indian evidence .....

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Mar 05 1965 (HC)

Sahu Vanaspati Traders Vs. Union of India (Uoi)

Court : Allahabad

Reported in : AIR1966All333

..... man in the street, the duty need not be specifically alleged. it is enough to state the facts with a general allegation that the defendant acted negligently. an express allegation of duty on the part of the defendant is a mere inference of law. if the facts stated do not raise the duty, the express allegation will not supply the defect; and if the ..... liable to deterioration, leakage, wastage or damage in transit, or (b) are either defectively packed or packed in a manner not in accordance with the general or special order, if any, issued under sub-section (2) and as a result of such defective or improper packing, are liable to leakage, wastage or damage in transit, and the fact of such condition or ..... on torts, twelthedition, the tort of negligence was consideredin chapter 14 and in para 691; it was mentionedthat the term negligence had three meanings:(i) a careless state of mind, (ii) careless conductand (iii) a tort in itself, further as wouldappear from para 693 the existence of a separate tort of negligence has been judiciallyacknowledged in england, which is described asthe ..... of the additional district judge of moradabad, dismissing their revision under section 25 of the provincial small cause courts act and thereby maintaining the decree of the judge small cause court, whereby the plaintiff's suit was dismissed with costs. 2. on 10-2-1959 messrs. patel bhra bhai jutha bhai & co., rajkot, had consigned 320 tins of ground nut oil, the consignment .....

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Aug 03 1933 (PC)

(Rao) Masoon Ali Khan Vs. (Rao) Ali Ahmad Khan

Court : Allahabad

Reported in : AIR1933All764

..... civil procedure. 80 criminal law, including criminal procedure 41. legilation in regard to any provincial subject, in so far as such subject is in pari 2 of this schedule stated to be subject to legislation by the indian legislature, and any powers relating to such subject reserved by legislation to the governor-general in council.23. schedule 1, part 2-provincial subjects, contains:1 local ..... an order so sent shall be executed by the collector in the same manner as if it were an order passed by the collector in proceedings under the agra tenancy act, 1901, or the oudh rent act, 1886, as the case may be.39 to show that the high court has superintendence over the election court under section 107, government of india ..... local legislature may legislate on the 'constitution, powers, maintenance and organization' of the high court and chief court. that the local legislature has exercised such powers is shown by the oudh courts act, u.p. act 4 of 1925, which states in the preamble that the governor-general has given his previous sanction required by section 80-a, sub-section (3), government of india ..... to rule 17, part 2 of the devolution rules, under which this power has been given in 1920 to local legislatures. if the argument of mr. kunzru were correct, it would apparently follow that since 1925 the oudh chief court has been functioning without jurisdiction. mr. kunzru laid stress in his address on the provisions in the government of india act, 1919, for legislation .....

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Feb 10 2005 (HC)

Nirdesh Kumar Dixit and ors. Vs. Smt. Renuka Choudhury and ors.

Court : Allahabad

Reported in : 2005(2)ESC978

..... being not in accordance with the prescription of the constitution the appointment of the person taking oath was vitiated. on the contrary, the attorney general appearing on behalf of the union of india stated that the form prescribed in the third schedule pursuant to the requirement of article 75(4) ..... and deputy minister and all the ministers cannot be treated to be equal even though, they are the part of council of minister.29. as section 2 of the salaries and allowances of minister act, 1952 defines 'minister' which mean a member of council of the minister by whatever name called and ..... under the chairmanship of the prime minister. historically, it evolved from the cabinet council, a committee of the privy council, under charles.18. in 'law lexicon' published by 'wadhwa and company nagpur' the word 'cabinet' means the select council of a sovereign or of an executive government; the collective ..... constitution for the executive powers of centre and state together extents to matters with respect to which parliament and legislature of a state may make laws.16. as averred above, the petitioners have not impleaded either union government or the state government as respondents otherwise rules made under article 77 ..... official to discharge any particular function.15. allocation of business under article 166(3) of the constitution is not made with reference to particular laws which may be enforced at the time the allocation is made. it is also made with reference to the three lists of the vii .....

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Aug 24 1971 (HC)

New Swadeshi Sugar Mills Ltd. Vs. Tax Officer Zila Parishad, Allahabad ...

Court : Allahabad

Reported in : AIR1972All121

..... is nothing repugnant in the subject and context of sections 108 and 114, we are of opinion that the definition of the word 'person' in the general clauses act should apply to the word 'person' in sections 108 and 114. we do not understand how those sections will become unworkable if the word 'person' is ..... consideration. so we are now required to consider two points: (1) whether a company is a person within the meaning of the zilla parishad act and the district boards act; (2) whether tax on circumstances and property can be assessed on a company under the said acts3. in this case tax has been assessed by the ..... 113 is significant. it provides that in section 111 the word 'landlord' shall have the same meaning as it has in the u. p. local rates act, and in oudh 'shall include also an under-proprietor. a permanent lessee of land ..... and a person whoholds land free of rent in perpetuity.' it is possible for an ..... liable for the payment of any sum on account of tax or any other sum declared to be due under the act or by any rule or bye-law made under the northern india ferries act to be recoverable in the manner provided by chapter viii, the zila parishad shall cause a bill to be presented ..... to the person so liable. sub-section (2) of section 148 is significant. it provides that 'a person shall be deemed to become .....

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Apr 02 2008 (HC)

Purvanchal Vidyut Vitran Nigam Limited and anr. Vs. Vidyut Lokpal (Ele ...

Court : Allahabad

Reported in : 2008(3)AWC2784

..... . the annual accounts of the office of the ombudsman shall be maintained in such manner and format as may be specified by the commission.(ii) the accounts of the ombudsman shall be audited by the comptroller and auditor general of india at the time, the accounts of the commissioner is audited.10.3. subject to the provisions of these regulations, the electricity ..... (as in sweden or new zealand appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials ; (2) one that investigates reported complaints (as from students or consumers), reports findings, and helps to achieve equitable settlements. the blacks law dictionary defines 'ombudsman' as : '(a)n official appointed to receive, investigate, and report on private citizen's complaints ..... award. the supreme court affirmed the order of the high court and justified its interference with the award of banking ombudsman.14. the electricity act, 2003 refers to the duties of distribution licensees and open access in part vi 'distribution of electricity'. in section 42, which provides for duties of the distribution licensees to develop and maintain an efficient coordinated and economical .....

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