Court : Allahabad
..... policy of insurance to cover the bus without receiving the premium therefor. by reason of the provisions of ss.147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof notwithstanding its entitlement ..... supports the conclusion mentioned above on the basis of sections 147(5) and 149(1) of the motor vehicles act, 1988. 28. in national insurance co.ltd. v. swaran singh, 2004(3) scc 297: 2004 (1) t.a.c. 321: air 2004 sc 1531, their lordships of the supreme court held as follows( paragraph 105 of the said ..... . 20. sub-section (5) of section 147 of the motor vehicles act, 1988 lays down as under:-- "147. requirements of policies and limits of liability-- (1) to (4)............... (5)notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the .....
Tag this Judgment!Court : Allahabad
..... of insurance to cover the bus without receiving the premium therefor. by reason of the provisions of ss.147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof notwithstanding its entitlement ..... supports the conclusion mentioned above on the basis of sections 147(5) and 149(1) of the motor vehicles act, 1988. 29. in national insurance co.ltd. v. swaran singh, 2004(3) scc 297: 2004 (1) t.a.c. 321: air 2004 sc 1531, their lordships of the supreme court held as follows( paragraph 105 of the said ..... . sub-section (5) of section 147 of the motor vehicles act, 1988 lays down as under:-- "147. requirements of policies and limits of liability-- (1) to (4)............... (5)notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person .....
Tag this Judgment!Court : Allahabad
..... inapposite surplusage, if they can have appropriate application in circumstances conceivably within the contemplation of the statute. in quebec railway light heat and power co. v. vandray, air 1920 pc 181, it had been observed that the legislature is deemed not to waste its words or to say anything in vain and a construction which attributes redundancy ..... not advertised by the board, the division bench held after examining the entire case law on the subject by the supreme court including kamlesh kumar sharma vs. yogesh kumar gupta air 1998 sc 1021; prem singh vs. haryana state electricity board (1996) 4 scc 319; union of india vs. ishwar singh gupta 1997 supp 3 scc 84; surendra ..... and advance the remedy; suppress subtle inventions and evasions for the continuance of the mischief for private benefit, and add force life to the cure and remedy according to the true intent of the makers of the act for the public good. 30. it is the duty of the judge to rationalise the law, and to attune it .....
Tag this Judgment!Court : Allahabad
..... that grant to the institution in question has been extended in the matter under the strength of the order of the state government, which has no statutory force, therefore, it can not compel to continue with the same by the state government. it is the matter between the government and the private college concerned. ..... the educational institutions whether they receive the grant-in- aid list from the state government or not are governed under the provisions of u.p. intermediate education act 1921, accordingly the service conditions of the approved teaching and non teaching staff are also governed thereunder. after receiving the grant-in-aid from the state government ..... the prayer was otherwise, therefore, it is not applicable in the present case. 9. the state of assam and another v. ajit kumar sara and others, air 1965 supreme court 1196. in this case respondent was granted leave to contest the election of parliament by the governing body. the departmental authority issued letter to the .....
Tag this Judgment!Court : Allahabad
..... rules which existed on the date of advertisement but on the basis of subsequent rules. in the instant case, the rules were already in existence and were in force when respondent no.5 appointed the respondent no.1 on compassionate basis. 13. we may gainfully refer to the judgment of the supreme court in the case of ..... basis. various persons had been appointed on compassionate basis. the high court, considering regulations 102, 103,104, 105, 106 and 107 of the regulations framed under the act 1921, was pleased to hold that if there was no post available, then supernumerary post could be created to appoint the candidates. the state was aggrieved by this ..... appointment being made on compassionate grounds of the dependent of a deceased employee. in umesh kumar nagpal v. state of haryana, 1994 (4) scc 138 : (1994 air scw 2305) this court has taken note of the object underlying the rules providing for appointment on compassionate grounds and has held that the government or the public authority .....
Tag this Judgment!Court : Allahabad
..... assessed as custom duty on the un-declared goods. such condition could be imposed by the court which is not illegal. the revision has, therefore, got no force and is liable to be dismissed. the learned counsel in support of his arguments has placed reliance on case m.m. cooperative bank limited v. j.p. ..... declared in the import documents. the accused revisionist was arrested for committing offences under sections 108, 132, 135 (a)(a)(1)(a) &(b) of the customs act. he was produced before the special judicial magistrate, custom, lucknow and was remanded to the judicial custody. the accused revisionist moved bail application before the learned special chief ..... the learned counsel in support of his arguments has placed reliance on cases moti ram and others v. state of madhya pradesh; air 1978 supreme court 1594, keshab narayan banerjee and another v. the state of bihar; air 1985 supreme court 1666, olga kozireva v. department of customs; (2002) 10 supreme court cases 373, munish bhasin & ors. .....
Tag this Judgment!Court : Allahabad
..... bux's case (supra). the division bench of this court in the said case had occasion to consider section 281 of the u.p. zamindari abolition and land reforms act, 1950. the said division bench judgment, which is in three paragraphs, is quoted below:- "1. the petitioner has challenged the recovery proceeding in respect of a loan taken ..... 2(j) is quoted below:- "2(j). uttar pradesh sahkari gram vikas banks means a cooperative society registered under the co-operative societies act for the time being in force in uttar pradesh with its area of operation covering the whole of uttar pradesh and carrying on the business as a gram vikas bank and ..... bank limited is a registered society under the cooperative societies act, 1912. according to section 131 of the 1965 act any cooperative society existing on the date of coming into force of the 1965 act and registered under the cooperative societies act, 1912 shall be deemed to be registered under the 1965 act. thus the u.p. sahkari gram vikas bank .....
Tag this Judgment!Court : Allahabad
..... chief metropolitan magistrate of the district magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary. (3) no act of the chief metropolitan magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any ..... district magistrate passed an order on the application submitted by the bank on 15.2.2010 directing for taking possession of the shop no.99 and to use necessary police force. the said order passed by the district magistrate was challenged by the respondent no.2 by writ petition no. 10587 of 2010 which writ petition was dismissed by ..... reported in 2007-bcr-1-783 and decision of madras high court in case of indian overseas bank vs. m/s. sree aravindh steels ltd. and others reported in air 2009 madras 10. it is submitted by sri saxena that the questions which are now raised in the application filed by respondents no. 2 and 3 after the district magistrate .....
Tag this Judgment!Court : Allahabad
..... of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force." section 4 (1) of the act which provides for the minimum rates of wages is being quoted hereunder: (1) any minimum rate of wages ..... 5. storekeeper 6. timekeeper 7. salesman 8. employees doing similar nature of work by whatever name called." 8. in hindustan lever ltd. v. b.n. dongre air 1995 sc 817 it was held that the concept of dearness allowance was introduced during the second world war to set of the increase in the cost of living caused ..... experience in the notification is wholly without jurisdiction. the state government does not possess such power to fix service conditions under the act. 12. shri sinha has relied upon ahmedabad millowners' association vs. the textile labour association air 1966 sc 497 and the workmen represented by secretary v. the management of reptakos brett & co. ltd. and another .....
Tag this Judgment!Court : Allahabad
..... proceedings which have been described as purely interlocutory in nature in amar nath (supra). 42. in this connection it has been aptly noted in devarapalli lakshminarayana reddy v narayan reddy, air 1976 sc 1672, that "an order made under sub-section (3) of section 156, is in the nature of a peremptory reminder or intimation to the police to exercise ..... ) cr.p.c was incompetent, as no complaint had been made by the aggrieved person sri a.r. antulay, the chief minister, and the alleged defamatory statements related to acts done in his personal capacity, and not in the discharge of his public duties. if this contention was accepted, it would have resulted in the order of cognizance passed by ..... sc 2229, ( paragraph 2): "it ought to be realised that inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. that statutory power has to be exercised sparingly, with circumspection and in the rarest of rare cases." 50. in para 9 in single judge .....
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