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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1956

May 08 1956 (HC)

Bahori Lal Paliwal Vs. District Magistrate, Bulandshahr and anr.

Court : Allahabad

Decided on : May-08-1956

Reported in : AIR1956All511

..... been laid down that a chairman shall be deemed to have vacated his office from the date of receipt by the committee of information that his resignation has been accepted by the district magistrate. this shows that the act contemplates an acceptance of the resignation by the district magistrate. after acceptance, it is necessary that the district magistrate must communicate ..... to the case of a resignation and its withdrawal by a chairman of a town area committee where the considerations that arise are entirely different from those governing the rights of parties entering into a contract.once a chairman has submitted his resignation, the law vests in the district magistrate the discretion to accept or not to accept the ..... resigning can make an application withdrawing the resignation.36. the question, however, still remains whether the application for withdrawal by a person tendering the resignation is by way of right and he can claim that, if he applies for withdrawal of his resignation, the district magistrate is subsequently debarred from exercising his discretion of accepting the resignation.learned counsel ..... the bench, however, went on to observe that:'even if his withdrawal of resignation application had been received before the resignation was accepted, he could not claim an absolute right to withdraw his resignation. the resignation was unconditional, and whether he would be permitted to withdraw that resignation was a matter within the discretion of the appointing authority. we .....

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Mar 23 1956 (HC)

Ghanshyam Das Gupta and ors. Vs. Board of High School and Intermediate ...

Court : Allahabad

Decided on : Mar-23-1956

Reported in : AIR1956All539

..... lal roy, 48 cal wn 736 (800) (21).81. an enquiry may be made necessary even in purely administrative acts but if the object of the enquiry is to inform the mind of the authority concerned and not to decide any issue between two persons, one of whom may be the ..... board or the examinations committee to impose the penalty of cancelling the result of the examination does not infringe the appellants' exercise of fundamental right under article 19(1)(f) of the constitution.116. an examination certificate may for certain purposes be treated as property in the widest ..... examinations committee may give its decision not upon the result of the enquiry but in its own discretion specially when the decision may seriously affect the natural right of refutation of the examinees, may jeopardise their future career.91. in dipa pal v. university of calcutta : air1952cal594 , bose, j., observed ..... empowering the board or the examinations committee to impose the penalty of cancelling the result of the examination infringes the exercise of the appellants' fundamental right under article 19(1)(f) of the constitution?' agarwala, j. 68. this appeal comes to me upon a difference of opinion between my ..... possibly be a judicial or quasi-judicial power. consequently, when disciplinary proceedings, were being taken against the petitioner he could not claim any right that the proceedings should be taken only after the procedure necessary for the exercise of judicial or quasi-judicial powers had been gone through unless .....

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May 08 1956 (HC)

Ajodhya Prasad Bhargava Vs. Bhawani Shanker Bhargava and anr.

Court : Allahabad

Decided on : May-08-1956

Reported in : AIR1957All1

..... . they constitute a waiver of proof (vide section 58, evidence act). they can be made the foundation of the rights of the parties.we are, however, concerned with what are called extra-judicial or informal admissions. they are also binding on the party against whom they are set up ..... and (b) extra-judicial admissions. judicial admissions are formal admissions made by a party during the proceedings of the case. extra-judicial admissions are informal admissions not appearing on the record of the case. judicial admissions being made in the case are fully binding on the party that makes them ..... this section enabl-ing proof of admissions cannot be read as being independent of all other provisions of the indian evidence act and the limitatin placed on the right of proving the previous statement of a witness laid down in section 145 must be held to govern the power ..... of the parties (vide section 31, evidence) act).58. in the evidence act extra-judicial admissions are dealt with in chapter ii which deals with the 'relevancy of facts'. section 17 ..... . unlike judicial admissions, however, they are binding only partially and not fully, except in cases where they operate as or have the effect of estoppel in which case again they are fully binding and may constitute the foundation of the rights .....

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Jan 04 1956 (HC)

Kimat Mal and ors. Vs. the State

Court : Allahabad

Decided on : Jan-04-1956

Reported in : AIR1956All449; 1956CriLJ952

..... is reasonable to hold that such powers were intended by the legislature to be exercised either by the magistrate himself who acts on certain information received by him or a person specifically nominated by him. no power, in these circumstances, could have been intended to ..... a search, which will lead to a presumption under section 6, public gambling act, is to be found within the ambit of section 5 itself. section 5 itself, in express terms, only authorises that magistrate who has information or the district superintendent of police or an officer authorised by him to ..... therefore, the operation of sections 75 and 79, criminal p. c., is automatically barred. hence where a warrant is issued under section 5, gambling act, to a particular officer and that officer, instead of executing it himself, endorses it to another officer, and the warrant is executed by such another ..... denied the allegations of the prosecution. the magistrate, after considering the evidence, accepted the prosecution story and convicted them under section 4, public gambling act, and sentenced them to pay a fine of rs. 200/- each and in default to undergo rigorous imprisonment of three months. pamandas was further ..... he referred this case to a bench. section 5, public gambling act, provides that--'if the magistrate of a district, or other officer invested with the full powers of a magistrate, or the district superintendent of police, upon credible information, and after such enquiry as he may think necessary, has reason .....

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Nov 29 1956 (HC)

Board of Directors, Y.M.C.A. and anr. Vs. R.H. Niblett

Court : Allahabad

Decided on : Nov-29-1956

Reported in : AIR1957All219

..... was in a position of confidence or intimacy with the person to whom he published the matter complained of, or that he acted in consequence of a request for information lawfully made, or that although a mere volunteer he had such special means of knowledge as imposed a special obligation upon him.' ..... deduced from these cases. of course, if a defendant has practically no opportunity of making his communication except in the presence of uninterested persons, it is right that his privilege should be unaffected. on this principle the case of--'pittard v. oliver', (k), seems to have been decided, where reporters were ..... for coming to a conclusion on the question of malice is that the meeting itself was invalid, having been improperly convened, the board had no right to pass the resolutions in question. this again, in my opinion, is a matter foreign to the enquiry. in these proceedings, the court is ..... signification are capable of being defamatory'.the test laid down by him was :'would the words tend to lower the plaintiff in the estimation of right-thinking members of society generally?'he further observed that:'it is well settled that the judge must decide whether the words are capable of a ..... self-estimation will not necessarily constitute defamation.what the court has to consider is the effect of these resolutions on the mind of an ordinary right-thinking member of the society, particularly bearing in mind the class of persons who would be interested in the resolutions. if they tend to .....

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Sep 13 1956 (HC)

Triloki Nath Tripathi Vs. Allahabad Divisional Branch of All India Pos ...

Court : Allahabad

Decided on : Sep-13-1956

Reported in : AIR1957All234

..... an ordinary meeting of the university syndicate to consider certain other matters.this matter was not on the agenda and the vice chancellor in the meeting informed the members as to what had happened, and the syndicate after considering the whole matter passed a resolution to the effect that it was satisfied that ..... was not brought to the notice of the vice chancellor and the examinations were held on the 9th and 10th. on the 18th the vice chancellor was informed. he asked the principal to look into the matter. the principal submitted a report on the 20th and came to the conclusion that there had been ..... dispute was referred to the secretary of the circle branch. on 27th of august 1956 opposite party no. 3 sri ram chandra srivastava issued a notice informing the members of the general body that a meeting will be held on the 3rd of september, 1956, for the purpose of electing delegates to the ..... , therefore, chat persons interested in the funds of the society have a statutory, or at any rate a semi-statutory, right for the rule was made in accordance with the act--to inspect the books and accounts of the society.'the case is no authority for the proposition to my mind that the ..... . d. ram, air 1954 pat 297 (b), it was held that article 226 of the constitution provides a remedy for the vindication of a public right. where the jurisdiction of a domestic tribunal is founded not upon any statutory obligation but upon rules which constitute the contract, implied or expressed, between the members .....

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Apr 23 1956 (HC)

Registrar, University, Allahabad and ors. Vs. Dr. Ishwari Prasad

Court : Allahabad

Decided on : Apr-23-1956

Reported in : AIR1956All603

..... any legislature. i do not think that any such distinction can be drawn. any order passed by the chancellor had the result of affecting the right of the respondent as a member of the executive council and consequently such a determination was subject to the supervisory jurisdiction of this court.30. mr ..... the provisions of the transferred undertakings (compensation to employees) regulations, 1950, schedule ii, para 5 (2), on the ground that the respondent had a right to the payment of compensation in the event of discharge within the meaning of para 4(1) (i) of the schedule.it was admitted by the ..... but has to determine whether he has been duly elected, that is, in accordance with the provisions of the statute. it has therefore, been rightly conceded by the advocate general that the chancellor constituted a tribunal the decision of which is subject to the superintendence of this court under article 226 ..... administrative has to be decided upon the language of the statute, upon the nature of the power and, the consequences of its exercise upon the rights of others and the exigencies of the situation. the main thing to be considered is whether the authority concerned has to decide a dispute between ..... or it has merely to take note of the dispute to inform its mind before it exercises the power conferred upon it in its discretion. in the former case it acts judicially or quasi-judicially but in the latter case it acts administratively.the principle on which it can be determined whether an .....

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Mar 07 1956 (HC)

Hira Lal Chaudhary and ors. Vs. State

Court : Allahabad

Decided on : Mar-07-1956

Reported in : AIR1956All619

..... company to make the required supplies which would not have otherwise been made. ....(9) during this period these persons did not! give the requisite information in respect of accounts which they were legally bound to do and dishonestly concealed the position regarding the collections made by them...... the company continued its ..... of jurisdiction must be decided by a perusal of the complaint. it is on the terms of the complaint that the magistrate has first to inform himself as to the nature of the case, and see whether from the allegations made in the complaint it would appear that he had jurisdiction ..... has not been disclosed. apparently nothing seems to have been done for practically about three years when on 9-5-1954 sri mukandi lal lodged an information with the superintendent of police, bareilly, charging the petitioners with various offences, and on 28th june 1953, a challan sheet seems to have been ..... the consequence, namely, the loss to the employer, occurred at cawnpore, gave the cawnpore court jurisdiction, then, in my opinion, his observation was not right.'from the allegation made in the report, it is clear, that the offence was complete at calcutta, and there can now be no doubt about the ..... of confidence and deceptions which arose moral indignation, but are nevertheless civil wrongs which can be righted by civil courts and are not crimes which can be punished by a criminal court. not every immoral act is criminal and it is an abuse of the process of a court to attempt to .....

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Jan 25 1956 (HC)

Rama Shanker Vs. the State of Uttar Pradesh

Court : Allahabad

Decided on : Jan-25-1956

Reported in : AIR1956All525

..... receiving a complaint of facts constituting such offence, or upon a report in writing of such facts made by any police officer, or upon an information received from any other person, or upon his own knowledge or suspicion. the police officer's report referred to in the section includes a report ..... in the eye of law to a report in writing of facts constituting an offence made by a police officer, it was undoubtedly an information given to the learned magistrate and there was nothing to prevent his taking cognizance of the offence on it.it was his absolute discretion to ..... true upon investigation. the law does not require a magistrate to take into consideration whether previously the investigating officer had reported that the first information report had not been found to be true or whether he had been directed by the district magistrate to submit a charge-sheet instead ..... his report under section 173. an investigating officer's act is wholly administrative. there is, therefore, nothing to prevent his submitting another report in supersession of an earlier one. he can do it on his ..... an investigating officer is required by section 173 of the code to submit a charge-sheet, but this does not render his act of submitting a charge-sheet a judicial act.a court has no judicial control over investigations and over the manner, or the circumstances, in which an investigating officer makes .....

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May 23 1956 (HC)

Mohanlal and ors. Vs. Kashi Ram

Court : Allahabad

Decided on : May-23-1956

Reported in : 1957CriLJ273

..... there is an apprehension of a breach of the peace from the side of mohan lal, sahjoo, ham bharosey, ram sarup and buddhi and acting upon that information he considered it necessary that notice should be issued to these five persons. what that ''reliable source'' was has not even been expressed by ..... a view to satisfy himself an to the necessity of issuing process under section 107 he has the right to test the accuracy of the information received by him before issuing notice to the person informed against. for this purpose the magistrate has inherent power to refer the matter to the police or to ..... the magistrate in his explanation which he has submitted to this court. information of the kind mentioned, in section 107, cr. p. c. must be clear and definite directly affecting the person against whom process is issued and ..... the contrary. in fact in his order dated the 25th august, 1955, the magistrate does not say that he had some, other source of information from which he could come to the conclusion that the police report was wrong and that there existed circumstances which were indicative, of an apprehension of ..... the provisions of part iv, chapter viii of the code of criminal procedure are not to be arbitrarily used to prevent persons from legally exercising their rights of property, nor are persons in the position of opposite parties to be subjected to the indignity of being called upon to find sureties for .....

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