Court : Allahabad
Reported in : 2000(1)AWC683
..... using adulteratedpetrol/diesel which is causingdamage to the engine of thevehicle of the consumer. insupport of his contentions heplaced reliance on a. k.gopalan v. state of madras,1950 scr 88 and manekagandhi v. union of india, 1978sc 597. thus, there is nomerit in the submissionsmade by mr. ravi kant. (iv) the oil companies are ..... matters connected therewith or incidental thereto. the parliament in 1985 enacted the instant act to provide for the enforcement of the standards of weights and measures established by or under the aforesaid act, and for matters connected therewith or incidental thereto. the act came into force in our state with effect from january 26. 1990, the day appointed by ..... 4 and 6) ; indo china steam navigation co. ltd. v. union of india and others, air 1964 sc 1140, (at page 1149) ; state of maharashtra v. mayer hans george. air 1965 sc 722, (at page 736) ; indra sain v. state of punjab, air 1973 sc 2309. (at page 2311) : kartar singh v. state of punjab, jt 1994 (2 .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC729
..... provided that if any such matter is already being inquired into by the commission or any other commission duly constituted under any law for the time being in force. the state commission shall not inquire into the said matter : provided farther that in relation to the jammu and kashmir human rights commission, this subsection shall have ..... are being inquired into, intervened. investigated upon and reviewed ; the factors and safeguards provided by or under the constitution or any law for the time being in force and for protection of rights are being looked into by the respective commissions ; it is mandatory for the officer incharge of any police station to report about ..... (1) scc 707, cannot be said to be irrelevant where directions were issued for establishing consumer forums under the consumer protection act. the 9 judges judgment of the supreme court in the judges case air 1994 sc 268, that a writ could be issued for fixation of judges strength in the high court and its justiciability is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All127; (2000)1UPLBEC738
..... view of the legal position explained in the decisions in rhodesia railways ltd. v. resident commissioner and treasurer of the bechuanal and protectorate, air 1933 privy council 230; chandu lal agarwalla v. khalilur rahaman, air 1950 privy council 17; nand lal mahton v. naubat mahton : air1965pat345 ; udho v. smt. khimian : air1978all508 ; mahboob sahab v. ..... motive demanded rent of premises no. 29, chaitham lines from 1st july, 1970 to 31st may, 1971 failing which threatened to terminate the tenancy and forceful dispossession. in reply to the aforesaid notice dated 11th june, 1971, the plain-tiff vide its letter dated 30th january, 1975 informed defendant no. 1 ..... cantonment area there exists private properties the defence set forth by the respondents be rejected. there are various provisions in the cantonment code, the cantonment act and the rules framed thereunder, which deal with the private properties. thus, the argument made by sri srivastava are thoroughly misconceived and be rejected .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)2CompLJ1678(All)
..... anubhag (police) anubhag-9, according to which the provision of sub-section (2) of the said section has been made applicable to the officers of the u.p. police force charged with the maintenance of public order wherever they may be serving. therefore, there is no dispute that section 197 cr.p.c. applies to the petitioner.22. now ..... official duties so that, if questioned, it could be claimed to have been done by virtue of the office, then sanction would be necessary. it was further observed that an act constituting an offence, directly and reasonably connected with his official duty, will require sanction for prosecution under section 197(1) cr.p.c. it was, therefore, held that ..... counsel for the petitioner on this point has relied on the case of 'state of haryana v. ch. bhajan lal, air 1992 sc 604 : (1992 cri lj 527). this was a case under section 5(2) of the prevention of corruption act. section 5a of the act provides that the officers below the rank mentioned in clauses (a) to (d) of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1012
..... the adoption deed was a registered document and it was also proved by an attesting witness jeera, the presumption under section 16 of the hindu adoption and maintenance act was also attracted even if the adoption deed was not signed by natural father and mother of petitioner. therefore, the learned counsel for petitioner submitted that the onus ..... adoption deed filed by petitioner wasa registered document and there was a presumption under section 16 of hindu adoption and maintenance act (in short 'act') that the adoption has been made in compliance with the provisions of said act. as the adoption deed [which has not been filed but has been produced before the court) did not contain the ..... could be declared void only by a civil court. the contention has no force. it is well within the scope of power of consolidation authorities to determine rights of parties in a case where document is void (see gorakh nath v. h. n. singh, air 1973 sc 2451. as the adoption deed is void document, as held above .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)67TTJ(All)191
..... reason also, such proceedings as well as the resultant block assessment order are invalid, illegal, null and void and so also altogether destitute of any legal force whatsoever.(4) without prejudice to the above grounds, on the facts and circumstances of the case and in law, the various additions made to the total ..... was completed by the assessing officer shri r.b. rande, assistant commissioner cir. 1, bhavnagar on 29-8-1996 under section 158bc(c) of the income tax act, 1961, although no formal order was passed by the commissioner transferring the jurisdiction of smt. mumtazbanu from income tax officer, ward-5, bhavnagar to assistant commissioner, cir ..... well brought out in the decision in dhirendra kath gorai v. sudhir chandra ghosh, air 1964 sc 1300, 1304, where their lordships had gone into this material question as to whether the act in breach of the mandatory provision is per force a nullity. the passage in macnamaron nullities and irregularities, referred to in ashutosh sikdar .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC765
..... petition. therefore, at all events in so far as the district inspector ofschools smt. madhuri srivastava is concerned, the stay order of the high court was in full force on the date when she wrote the above noted letter. annexure-9, to the branch manager of the bank.7. in view of the above discussion, she must ..... delay.22. the learned counsel for the petitioners has also relied on the following authorities :(1) major cent. b.m. bhattacharjee (retd.) and another v. russel estate corporation and another, air 1993 sc 1632. (2) anand kumar pandey v. vinod kumar srivastava, (1995) 3 uplbec 1459. (3) ramesh chandra srivastava d. chaudhary and others, 1996 crlj 1554. (4) ..... by hon'ble b. dikshit, j., in the writ petition aforementioned from which this contempt case has arisen which is punishable under section 12 of the contempt of courts act, 1971. a severe sentence is called for in the circumstances but the fact that smt. madhuri srivastava is a woman, being taken into consideration. i am of the .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]253ITR604(All)
..... which is partial as regards the persons constituting the hindu undivided family, or the properties belonging to the hindu undivided family, or both. thus, the income-tax act recognises a partial partition which may be partial in so far as the persons separating are concerned, it may also be partial so far as the properties divided are ..... five hundred only).'5. the assessing officer accepted the partition by passing an order dated february 5, 1975, under section 171 of the income-tax act, 1961. however, the commissioner acting under section 263 set aside the assessing officer's order finding it to be erroneous and prejudicial to the interests of the revenue. his view was ..... section 20 of the wealth-tax act, the joint property should be partitioned among various members in definite portions or by metes and bounds. that was a case where a suit for partition had been filed on october 7, 1950. a written statement was filed by a coparcener on october 27, 1954, agreeing to division of all the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC493
..... a sum of money and made up of diverse rights contained in the contract evidenced by the articles of association of the company.'in lic v. escorts ltd., air 1986 sc 1370, the concept of the share has been explained thus :'on an overall view of the several statutory provision and judicial precedents to which we have ..... under which he is appointed, the parties have no right to invoke a clause which perishes with the contract.'the case aforestated as also kishan lal gupta's case, air 1959 sc 1362, have been referred to and relied on by the supreme court in its latest decision in indian drugs and pharmaceutical ltd. v. indo swiss s ..... 'effect notwithstanding anything inconsistent therewith contained in any other law except the provisions of the foreign exchange regulation act, 1973 (46 of 1973] and the urban land (ceiling and regulation) act, 1976 (33 of 1976), for the time being in force or in the memorandum or articles of association of an industrial company or in any other instrument having .....
Tag this Judgment!Court : Allahabad
Reported in : [2000]100CompCas76(All); (2000)1UPLBEC392
..... to chunar, complex limestone deposit at marginal to below marginal quality, out-dated technology, high operating cost, high power consumption because of hard limestone, much work force, imbalances in plant machinery and inadequate maintenance also contributed to the loss and sickness of the sick company.47. the financial institutions had given loan and the ..... of the measures considered appropriate with utmost practicable despatch.'8. the board has been entrusted with various duties under the various provisions under chapter iii of the act. section 15 casts a duty upon the board of directors of the sick industrial companies to make reference to the board for determination of the measures ..... period or further period, it shall be deemed that consent has been given.)'14. sub-section (2) of section 19 of the act is a deeming clause. in consolidated coffee ltd. v. coffee board, air 1980 sc 1468 ; 46 stc 164 (sc) while considering the deeming provisions in section 5(3) of the central sales tax .....
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