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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1965

Jan 15 1965 (HC)

Raja Shatranjai Vs. Azmat Azim Khan and ors.

Court : Allahabad

Decided on : Jan-15-1965

Reported in : AIR1966All109

..... of the compensation. on the passingof the zamindari abolition and land reformsact sections 19(2) and 23-a were added in the u. p.encumbered estates act. section 19 (2) requires the special judge to inform the collectorof the amount of the secured debt which is notlegally recoverable otherwise than out of thecompensation and rehabilitation grant payableto the landlord in respect of ..... by the collector in liquidation of the amount or the secured debt which having regard to the provisions of the u. p. zamindar's debt reduction act, 1952, was secured on the proprietary rights in land in respect of which such money has been received. even though the appellant does not appear to have reminded the collector of his duty under ..... no. 3 died leaving respondent no. 1 and another son as his heirs. during the pendency of the proceedings the u.p. zamindari abolition and land reforms act came into force whereby the proprietary rights of intermediaries vested in the state and the intermediaries became entitled to receive compensation in lieu thereof.section 70 of the u. p. zamindari abolition and land ..... compensationit may require the compensation officer to placeat its disposal the amount so payable and thereupon the same shall be disposed of in accordance with its orders. the respondent's right tocompensation for the two villages was notdirectly or indirectly affected or likely to beaffected by the proceeding pending before thedeputy commissioner for execution of the decree passed by the special .....

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Sep 20 1965 (HC)

Smt. Raisa Sultana Begam and ors. Vs. Abdul Qadir and ors.

Court : Allahabad

Decided on : Sep-20-1965

Reported in : AIR1966All318

..... high court. in mukkammal v. kalimuthu pillay, 15 ind cas 852 (mad), sundara aiyar, j. was of the view that the plain-tiff has a right to revoke the act of withdrawal, while sadasiva aiyar, j. was inclined to the view that neither can he revoke his withdrawal application except on good grounds nor can he be ..... to withdraw a suit, merely deciding mentally to withdraw is of no consequence and an overt act must be done the usual or normal overt act is that of informing the court that the suit has been withdrawn; as soon as this information is given withdrawal of the suit comes into existence or becomes a fait accompli and the ..... his mind. since it is for the plaintiff to exer-cise the right of withdrawing his suit, he has not to make any application to the court or pray for any order. he has to do the act of withdrawal himself and then he should inform the court so that it knows that it has been withdrawn and ..... , it becomes effective as soon as it is done just as a compromise does. any information of it given to tbe court is no part of it, so also any order passed by the court on receiving the information. the act is like a point and not continuous like a line having a beginning and an end. ..... at his sweet will and pleasure. sundara aiyar, j. referred to the absence of any provision in the code giving a right to a defendant to insist that a petition of withdrawal not acted upon by the court must be enforced as against the plaintiff and thought that a mere petition of withdrawal does not debar .....

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Oct 19 1965 (HC)

Buddha Pitai Vs. Sub-divisional Officer Malihabad and ors.

Court : Allahabad

Decided on : Oct-19-1965

Reported in : AIR1965All382; 1965CriLJ306

..... , vileness, or depravity in the private and social duties which a man owes to his fellow man or to society in general, contrary to the accepted and customary rule of right and duty between man and man.'further aiyar says that it is-'a term not clearly defined and what constitutes moral turpitude or what will be held such, is not ..... to honesty and good morals and would connote a depravity in private and social duties which a man owes to his fellow men and a breach of customary rules of right and duty, thereby bringing it within the definition of the expression 'moral turpitude' as given in aiyar's law lexicon. any person, therefore, who has been convicted of an offence ..... object' in the same book at pages 31-32, it is stated as follows :--'the object of the act is to prevent adulteration and misbranding as defined therein. the provisions of the act are directed for the purpose of securing purity of food and to inform purchasers of what they are buying and they (i. e. those provisions) must be construed to affect ..... moral turpitude or does not, has to be determined not necessarily on abstract notions of the rights and wrongs involved or the harm or good coming out of the act but how that act is looked upon by the society where the act has been committed.'subsequently, he observed as follows :'a gambler has never been looked upon with favour. he always incurred the .....

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Sep 20 1965 (HC)

Vijai Pratap Singh Vs. Ajit Prasad and ors.

Court : Allahabad

Decided on : Sep-20-1965

Reported in : AIR1966All305; 1966CriLJ632

..... against him under certain laws of the constitution on october 20. 1952. notice of the said complaint was issued to the appellant and he was informed that he was entitled to be present to state his defence at the special meeting to be field on november 8, 1952. on october 27 ..... by taking refuge under the circular letters issued by shri gulzari lal nanda and shri ajit prasad jain but have further described, the petitioner's basal right of approaching a court of law for the redress of his grievances as 'anti social', 'reprehensible' and 'wilful' misbehaviour. they have not ..... exercised in civil orcriminal cases or independently of both andeither solely for the preservation of the authority of the court or in aid of the rights of thelitigant or for both these purposes combinedby reason of this two-fold attribute, proceedingsin contempt may be regarded as anomalous intheir nature possessed ..... relating to organisationalelections, which are, therefore, alleged to bebeyond the jurisdiction 01 the courts of law.it was contended that the opposite parties hadfull right and justification for expelling the petitioner and removing his name from the membership of the congress; that this was done on thestrength of the ..... the definition in the general clauses act, section 3(38) that 'offence' shall mean any act or omission made punishable by any law for the time being in force' means made punishable by the penal code or by a statute passed by a competent legislature.if i am right in my view that 'offence .....

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Sep 03 1965 (HC)

Allahabad Milling Co. Private Ltd. Vs. Sales Tax Officer Ii

Court : Allahabad

Decided on : Sep-03-1965

Reported in : [1966]17STC211(All)

..... the assessment or cancel the notice. he always had jurisdiction to cancel the notice on being satisfied that there was no escape and his seeking information about further facts from the other sales tax officer cannot prove that he had not enough facts in his possession before the issue of the notice ..... products like flour, maida and suji was understated. as their production was understated their sale also was understated. it was on the basis of this information received before the issue of the' notice that the sales tax officer is said to have believed that part of the turnover of the assessee for ..... to another sales tax officer, namely the sales tax officer, special investigation branch, varanasi, asking for certain information in connection with the appellant's assessment to income-tax. no order has been passed by the sales tax officer on the appellant's objection and ..... the notice but without filing the return called for by it, and objected to the issue of the notice on the ground that he had no information on the basis of which he could issue the notice. it is said that on the receipt of the objection the sales tax officer wrote ..... or that the issue of the notice was invalid. really the fact that he sought further information shows his bona fides; it shows that he acted fairly and was prepared to cancel the notice if further information revealed that there was no escape. we are concerned with the reason that existed before the issue .....

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Jan 06 1965 (HC)

R.P. Kapoor Vs. Pratap Singh Kairon

Court : Allahabad

Decided on : Jan-06-1965

Reported in : AIR1966All66; 1966CriLJ115

..... the plaintiff had committed an offence......... upon the question of reasonable and probable cause, in my judgment, the judge was right in asking the jury whether the defendant took reasonable care to inform himself of the true facts before giving the plaintiff into custody, or, as i will amplify the question, whether a ..... the legal remembrancer dated 29-4-1959 which was no longer operative. the action of the opposite party could not be excused on the ground that he had acted under counsel's opinion, unless it was shown that his final advice was properly followed, (vide andrews v. hawley, (1857) 26 lj ex 323; ..... out against the applicant: and inasmuch as the legal remembrancer had written to say that a prima facie case had been made out, the opposite party acting on his opinion and advice, honestly prosecuted the applicant. the material on the record, however, shows that it was not so, as would be ..... be the reason the punjab chief minister is not friendly to the appellant.'26. now it has to be seen whether the opposite party had acted bona fide in ordering the instant prosecution of the applicant, as a man of ordinary reason, prudence and caution would have done in the circumstances ..... of its replacement by another report. the opposite party also averred that he did not bear any malice or ill-will towards the applicant and had acted bona fide in ordering his prosecution, inasmuch as the legal remembrancer, punjab, had opined that a prima facie criminal case had been made out against .....

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Dec 07 1965 (HC)

Ekka Tonga Mazdoor Union and ors. Vs. the Aligarh Municipal Board and ...

Court : Allahabad

Decided on : Dec-07-1965

Reported in : AIR1967All93; 1967CriLJ291

..... the octroi barriers, but there is no prohibition under any law or rule restraining the executive officer from doing so'.by failing to send direct information to the octroi posts concerned even on 5-4-1965 and by sticking to the leisurely and circuitous procedure of sending it through the normal ..... there was no wilful disobedience of the order made.the learned advocate general has further argued that where the person sought to be restrained is informed not officially but by an interested party, he must either produce the certified copy of the prohibitory order or make a formal application duly supported ..... already on page overleaf that the orders of the high court be obeyed. that be done forthwith'.the worthy demand inspector, instead of sending immediate information to the six octroi posts to stop realisation of stand-fees forthwith from the applicants, chose to sleep over the matter for another day, with ..... he did not think it necessary to deviate from the normal office routine of sending information to octroi barriers, particularly when there was no prohibition under any law or rule restraining him from doing so. by such act and conduct the executive officer has shown scant respect to stay order dated 29-3 ..... performance of such service and that his neglect or violation of duty on his conduct in such respect has tendency to defeat, impair, delay, or prejudice rights or remedies of a party to a cause or matter pending in the court'. in article 12, page 30 of the same volume, it has .....

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Mar 12 1965 (HC)

New India Assurance Co. Ltd. Through Divisional Manager Vs. Smt. Janak ...

Court : Allahabad

Decided on : Mar-12-1965

Reported in : AIR1966All266

..... otherwise and shall have full discretion in the conduct of any proceeding or in the settlement of any claim and the insured shall give all such information and assistance as the company may require.' such a clause would fall clearly within the ratio of the decision of the supreme court and would entitle ..... nevertheless, it observed:--'the statute has no doubt created a liability in the insurer to the insured person but the statute has also expressly confined the right to avoid that liability to certain grounds specified in it. it is not for us to add to those grounds and, therefore, to the statute for ..... far-reaching consequences on insurance companies in general who are saddled with vicarious liabilities in respect of third party risk under section 96 of the motor vehicles act. the question is whether the defences open under section 96 (2) when a notice was issued to the insurer under section 96 (1) are ..... 23rd of february, 1963 the additional civil judge proceeded to strike off such pleas as did not conform to the provisions of section 96 (2) of the act. thereupon, on 2-2-1963 the petitioner moved another application under section 151, c. p. c, seeking permission pf the court to contest the suit ..... by shamlal the driver, respondent no. 7, was insured with the insurance company against third party risk as required under the provisions of the motor vehicles act. on the 30th of march, 1961 while the said vehicle was plying on the public road it met with an accident near the crossing of the .....

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Jan 29 1965 (HC)

Surendra Kumar Mehrotra Vs. the Secretary Board of Technical Education ...

Court : Allahabad

Decided on : Jan-29-1965

Reported in : AIR1966All207

..... the examination committee to produce those persons for cross-examination by the petitioners, the committee could adopt any methods consonant with the principles of natural justice to satisfy that the information on which they relied was dependable and was not tainted in case it had been challenged by the petitioners on the ground of animus or bias of the persons giving ..... placed before them. the observations of lord loreburn, l. c. referred to above and underlined from 1911 ac 179 are pertinent to the present case. the examination committee could obtain information in any way they thought best but they should have given a fair opportunity to the applicants who were parties to the controversy for 'correcting or contradicting the statement prejudicial ..... many of the objections raised against the suitability of the appellant had been withdrawn by the police on further consideration of their records. the police report is more for the information of the authorities concerned with the granting of permits than for the use of the several applicants for such permits. in our opinion, therefore, the fact that the appellate authority ..... was taken against them was no longer in force as it stood superseded by the uttar pradesh pravidhik shiksha adhiniyam 1962. under the latter act it is the board and not the examination committee which has the right to pass the orders of withholding the result, cancelling the examination and debarring the applicant from appearing at the examination.12. i have heard .....

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Feb 02 1965 (HC)

Zila Parishad (District Board) Vs. Smt. Shanti Devi and anr.

Court : Allahabad

Decided on : Feb-02-1965

Reported in : AIR1965All590

..... pay penalty of fine which he inflicts on him. the contractor completed the work in september 1952 and gave a registered notice to the engineer informing him about the completion of the work and the engineer got it inspected by an overseer who reported on 21-11-1952 that it had ..... the official capacity' means 'done under colour of office.' 'under colour of office' is defined as a pretence of official right to do an act made by one who has no such right and is distinguished from 'by virtue of office implying a lawful power.' 'under colour of law' means under pretence of ..... whether a particular threat gives rise to a compulsory cause of action depends upon the question whether that threat effectively invades or jeopardizes the said right.'23. it would have been necessary to consider these observations only if article 130 had been found applicable. they do not deal with the ..... relating to the interpretation of the specifications, designs and instructions, to the quality of the workmanship or materials used and to other question, claim, right, matter or thing arising out of or relating to the contract, designs etc. or otherwise concerning the works, or the execution of the work ..... v. king-emperor, , lord simonds speaking for the judicial committee said with reference to the words used in section 270 of the government of india act and section 197 of the code of criminal procedure: 'it is idle to speculate why a change of languagewas made ....... it is ........ impossible to differentiate .....

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