Shitla Prasad And Ors. vs Bans Bahore And Ors.
Judges: K Asthana, R Misra, M Shukla
31 January, 1974·Section 6 is a very salutary provision in the Limitation Act which mitigates the rigour of that statute. The scheme of the Limitation Act is that as a general rule suits and other proceedings instituted after the lapse of the period prescribed by the first schedule should be barred but this general ...
High Court Of Judicature at Allahabad
Uma Shanker vs The Collector And Ors.
Judges: S Chandra, N Ojha
31 January, 1974·2. In the counter-affidavit it has been stressed that in the application for registration it was stated that Ram Sewak and Petition Uma Shankar were partners of the firm. But it has not been mentioned or stated that the petitioner ever signed that application for registration. 3. In the assessment o...
High Court Of Judicature at Allahabad
Ravi Kiran Jain vs Bar Council Of U.P. Through Its ...
Judges: K Singh
30 January, 1974·4. During the hearing, on petitioner's own request respondents Nos. 4, 9, 11 and 14, Sarvashri S. N. Kakkar, Babboo Lal Misra, Devendra Swaroop and Mohd. A. Ansari were deleted from the array of the respondents. Counter-affidavit has been filed on behalf of the Bar Council by its Secretary. Sri Raja...
High Court Of Judicature at Allahabad
Sheo Narain Jugdish Narain vs The State Of Uttar Pradesh And Anr.
Judges: S Chandra, N Ojha
29 January, 1974·1. Purchase of rab 2,19,382.79 5 per cent 4,387.66 2. Sale of molasses 50,863.50 3 per cent 1,525.92 2,70,246.29 5,913.58 In these assessment orders the Sales Tax Officer had rejected the petitioner's contention that the sale of molasses was totally exempt from sales tax and that he was not liable t...
High Court Of Judicature at Allahabad
U.P. State Road Transport ... vs The State Transport Appellate ...
Judges: Y Nandan, M Mehrotra
24 January, 1974·"It is well settled that generally speaking the provisions of a statute creating public duties are directory and those conferring private rights are imperative. When the provisions of a Statute relate to the performance of a public duty and the case is such that to hold null and void acts done in ne...
High Court Of Judicature at Allahabad
Smt. Jaggoo And Anr. vs Sardar Gurmukh Singh And Ors.
Judges: O Singh
24 January, 1974·6. The trial Court held that defendant No. 1 was the tenant of the shops in dispute, that defendants Nos. 2 and 3 were subtenants of defendant No. 1 and that defendant No. 1 had committed default in payment of the rent. It accordingly decreed the suit for ejectment against all the defendants and for...
High Court Of Judicature at Allahabad
Mohammad Ayyub vs Zaibul Nissa
Judges: Y Nandan
22 January, 1974·1. This is a revision filed by the husband and is directed against the order passed by the learned Sub-Divisional Magistrate, Sadar at Muzaffarnagar in procedure (hereinafter referred to as the Code) allowing a maintenance allowance of Rupees 70/-to be paid by the husband to his wife Zaibul Nissa (o...
High Court Of Judicature at Allahabad
Brindaban vs Ram Lakhan Lalji And Mahadeoji And ...
Judges: K Asthana, T Misra
21 January, 1974·2. One Jagannath was the owner of the properties in dispute. He had a brother by name Shy am Lal who had died in 1893 leaving behind a widow Smt. Kaushalya. Jagannath had a son Jwala Prasad who had pre-deceased him leaving behind his widow Smt. Narayani and a son Durga Prasad. Jagannath died in 1904...
High Court Of Judicature at Allahabad
Shital Prasad vs Dhan Kumar And Ors.
Judges: M Mehrotra
21 January, 1974·3. The parties subsequently led evidence in the execution court in support of their respective contentions. The execution court rejected, the judgment-debtor's objection-cum-application under Section 47, C.P.C. and Order XXI, Rule 2, C.P.C. on the short ground that when there was a decree jointly in...
High Court Of Judicature at Allahabad
Smt. Masoom Banoo vs Hari Singh And Ors.
Judges: S Chandra, Gulati
18 January, 1974·5. The trial court held that it had jurisdiction to try the suit because after the execution of the sale deed in plaintiff's favour the property ceased to be evacuee property and so the revenue court had jurisdiction to deal with it. It was held that the suit was not barred by limitation and that in...
High Court Of Judicature at Allahabad
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