Major Dal Chand Singh Pratap vs Swarn Pratap
Judges: M Desai, J Sahai
03 January, 1964·(b) to the High Court in any other case. 2. Save as aforesaid an appeal from a decree or order of a Munsif shall He to the District Judge. 3. Where the function of receiving any appeal which lies to the District Judge under Sub-section (1) or Sub-section (2) has been assigned to an Additional Judge,...
High Court Of Judicature at Allahabad
Baij Nath Singh vs The State Of Uttar Pradesh Through ...
Judges: D Seth
02 January, 1964·6. This petition cannot be dismissed on the ground of delay also. In Sonu Sampat Shewale v. Jalgaon Borough Municipality ILR (1958) Bom 113 a Bench of the Bombay High Court held as follows: "If the appointment of an officer is illegal, every day that he acts in that office a fresh cause of action ar...
High Court Of Judicature at Allahabad
Pratap Chand Purshottam Das vs State Of Uttar Pradesh And Anr.
Judges: N Beg
02 January, 1964·3. The Indian Sale of Goods Act which is of the year 1930 appears to be substantially a reproduction of the above definition of "sale" in the English law. Section 4(1) of the Indian Sale of Goods Act lays down: "A contract of sale of goods is a contract whereby the seller transfers or agrees to tran...
High Court Of Judicature at Allahabad
Sadhan Lal Suraj Prasad vs Deputy Director, Consolidation ...
Judges: N Beg
02 January, 1964·1. The sole point urged before me in this writ petition is that the opposite parties Nos. 4 and 5 did not make an application for mutation after the death of Srimati Sheo Devi to be recorded in the revenue papers as heirs of Shambhu Dayal. They are therefore, debarred from making any application in ...
High Court Of Judicature at Allahabad
Ishaq Abdul Karim And Anr. vs Madan Lal
Judges: M Beg
02 January, 1964·2. The plaintiff-respondent carries on the business of wholesale dealers in potatoes at Fatehgarh, to Uttar Pradesh, and the defendants-appellants carry on the business of selling potatoes at Khandwa in Madhya Pradesh. The defendant-appellant No. 2 sent the defendant-appellant No. 1 to the plaintiff...
High Court Of Judicature at Allahabad
Medical Officer Of Health, ... vs Gulzari
Judges: H Tripathi
01 January, 1964·5. From the perusal of the order-sheet of the trial court, it appears that the opposite-party took various dates for producing evidence in defence, but ultimately he led no defence evidence and the case was argued on his behalf on 12-2-1962. The order-sheet of that date appears to have been signed b...
High Court Of Judicature at Allahabad
Durga Prasad And Another vs Income-Tax Officer, A-Ward, ...
Judges:
01 January, 1964·The issue of a notice under section 34 beyond the period limitation of eight years is justified on the ground that action was taken in the present case in consequence of the findings contained in the order of the Tribunal. Prima facie, the order of the tribunal does not contain any finding that the ...
High Court Of Judicature at Allahabad
Municipal Board vs Kanhaiya Lal And Anr.
Judges: H Tripathi
01 January, 1964·4. Learned counsel for the appellant has contended that Rule 47 of the Prevention of Food Adulteration Rules, which provides: "Saccharin may be added to any food if the container of such food is labelled with an adhesive declaratory label, which shall be in the form given below : This......contains ...
High Court Of Judicature at Allahabad
Pearey And Anr. vs Pachchoo
Judges: J Takru, S Verma, M Chandra
01 January, 1964·7. Thus in that case also the right or the privilege was claimed by the rival parties end yet it was not taken to amount to an admission by the defendants of the existence of the Brit or the right or the privilege as sucn so as to obviate the necessity of establishing the exclusive right of the plai...
High Court Of Judicature at Allahabad
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