Judgment Search Results Home > Cases Phrase: bangalore city civil court act 1979 section 17 amendment of karnataka act 11 of1964 Court: allahabad Page 1 of about 6 results (0.078 seconds)

Bda Limited Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1995All277

..... alt the aforementioned proceedings instituted at agra, bangalore, city civil court bombay and delhi high court, according to the petitioner, clearly demonstrate that respondent no ..... the purported assignment is also bad in view of section 38 of the trade and merchandise marks act, 1958 as the purported assignment does not assign the entire goodwill in the business.14 ..... relevant clauses of the deed of assignment may be reproduced below :--'this deed of assignment made at bombay on this 26th day of february, 1991 between cruickshank and company limited, a company incorporated and established under the companies act, 1956, having its registered office at 4/5, bankshall street, calcutta-700001 and branch office at no. ..... has been able to satisfy the court that the deed of assignment was duly executed between the parties and was also acted upon and therefore relief on its basis should ..... it was next submitted that there is no remedy, power or jurisdiction of review provided under the united provinces excise act, 1910 applicable to the whole of uttar pradesh or any other act, the order of review, therefore, is wholly without jurisdiction and a nullity. ..... breweries & distilleries limited, a company incorporated and established under the companies act, 1956 having its rgistered office at udyog bhavan, 29, walchand hirachand marg, ballard estate, bombay 400038 hereinafter referred to as 'the assignee' (which term and expression shall unless repugnant to the context or meaning thereof be deemed .....

Sir Shadi Lal Enterprises Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1998All135

..... administrator, bangalore city corporation, (1989) 4 scc 640 : (air 1990 sc 47), where the apex court ruled that realisation of tax or money without the authority of law is bad under article 265; the respondent-corporation, which is a statutory authority, has no ..... petition was not a run of the mill case; it was a case where the respondent-state had not acted as this court has expected a high constitutional authority to act, in furtherance of the order of this court; that is something that this court cannot accept; the respondent-state was obliged by this court's order to refund to the writ petitioners, including the appellants, the amounts collected from them in the form ..... normally in a case where tax or money has been realised without the authority of law, the same should be refunded and in an application under article 226 of the constitution the court has power to direct the refund unless there has been avoidable laches on the part of the petitioner which indicate either the abandonment of his claims or which is of such nature for ..... state of madhya pradesh, air 1965 sc 1740 in which a constitution bench considered the question of refund of tax and held that though the high courts have power to pass any appropriate order in the exercise of the powers conferred on them under article 226 of the constitution, a petition solely praying for the issue of a writ ..... here that item 15 of schedule i of the act, as it stood prior to amendment made in january, 1992, was to the following ..... civil .....

Umesh Chandra Saxena Vs. First Additional Civil Judge (Senior Division ...

Court : Allahabad

Reported in : AIR2003All140

..... there is also no dispute to the proposition that if the suit is expressly or impliedly barred under any other provision, the civil court's jurisdiction under section 9 of cpc. ..... according to him, the provisions of the societies registration act which have been heavily relied upon by the learned counsel for the petitioner is not applicable or attracted in the present case and, thus, the civil court has the jurisdiction to try. ..... similar view was taken by this court in the case of municipal board, falzabad (air 1976 all 349) (supra) wherein this court has held as follows :'the jurisdiction of a civil court to entertain a suit depends upon the allegations in the plaint and not upon what, may ultimately be found to be true ..... in the alternative, he submitted that there is jurisdiction in a civil court unless it is expressly or impliedly barred by any statute. ..... if the submission of the learned counsel for the petitioner is accepted, then it would mean that in view of the 1975 amendment in the societies registration act which came into force w.e.f. ..... 360 of 2000 in the court of civil judge, senior division , allahabad for permanent injunction restraining the petitioner from claiming himself to be the president of the mission and from taking any money in the name of the society and from having any concern with the centres of the mission situated at allahabad, delhi, shahjahanpur, bangalore, calcutta, madras etc. ..... karnataka state road transport corporation.4 ..... (1979) 4 scc 358 : (air 1979 sc 1514).25 .....

State of U.P. Vs. Ram Lal and anr.

Court : Allahabad

Reported in : (2004)3UPLBEC2952

..... it has been held that distinction has to be drawn in between sovereign function and welfare activities, and in the said case after considering the scheme in question, hon'ble apex court concluded that nature of the work which was being carried out in the said scheme, the same can be carried out even by agencies, which is not required by even an ..... not amenable to jurisdiction of ordinary civil court inasmuch as the state is immune ..... disappeared.the aforesaid shows that if we were to extent the concept of sovereign function to include all welfare activities as contended on behalf of appellants, the ratio of bangalore water supply's case, 1978 (36) flr 266 (sc), would get eroded, and substantially. ..... five years and an area of about 245 hectares situated on a hill plateau on southern outskirts and within easy access of pune city was selected for creation of a park under bio- aesthetic development for the benefit of urban population. ..... scheme undertaken by the forest department cannot be regarded as a part of sovereign function of the state and so, it was open to the respondents to invoke the provisions of state act, we would say the same qua the social foresting work undertaken in ahmednagar district. ..... at no point of time any such pleas has been taken before the labour court that petitioner is not an industry, and further it has been pointed out that services of respondent-workman have been illegally retrenched without following the procedure prescribed under section 6-n of the u.p. .....

Smt. Irfana Begum Vs. Raj Kumar Agarwal and Others

Court : Allahabad

Reported in : 2000(1)AWC242

..... as it stands now after amendment of act of 1976 reads as under :'where any party from whom a written statement is required underrule 1 or rule 9, fails to present the same within the time permitted or fixed by the court, as the case may be, the court shall pronounce judgment against him. ..... the reasonableness and correctness of the aforesaid three views and with great respect to learned judges, in our opinion, the first view does not appear to be in consonance with the legislative intent behind the amendment act, 1976 and the object sought to be achieved. ..... before amendment was as under :'where any party from whom a written statement is so required fails to present the same within the time fixed by the court, the court may pronounce judgment against him or make such order in relation to the suit as it thinks fit ..... suit shall stand restored to its original number and shall be decided expeditiously in accordance with law, in any case within a year from the date a copy of this order is filed before the court below after giving one opportunity to the defendant-appellant to file written statement. ..... under order xliii, rule 1 (b) c.p.c.as it stood before amendment, an appeal could be filed both by plaintiff and defendant if the order under order vii, rule 10, ..... kuuarp industries, bangalore and another v ..... against an order passed under this rule an appeal was provided under order xliii, rule 1 (b) read with section 104. c.p.c. ..... of 1976, namely, the code of civil procedure (amendment act, 1976). .....

U.P. State Sugar Corporation Vs. Asst. Labour Commissioner and anr.

Court : Allahabad

Reported in : [1994(68)FLR86]; (1994)IILLJ1046All

..... special land acquisition officer, bangalore air 1988 sc 897 the apex court struck a note of caution in respect of interpretation of section 5 of the limitation act pertaining to the condonation of ..... nagarashana authority (supra), was a case where (in page 35), it was held that in dealing with the question of delay under section 5 of the limitation act, the party has to satisfy the court that he had sufficient cause for not preferring the appeal or making the application within the prescribed time, and this has always been understood to mean that the explanation has to cover the whole ..... fact has to be kept in mind that the conciliation officer, while exercising jurisdiction under the second proviso of the order issued under 5-3 of the act, was not acting as a civil court, nor the provisions of the code of civil procedure was strictly applicable to the provision, as the act contains provisions to bring about peace in respect of unrest and dissatisfaction prevailing in the industries. ..... have examined the impugned orders and i am satisfied that unlike the civil court, the conciliation officer has passed substantially a correct order. ..... in case the delay is condoned, even though not technically, by an order recording finding that sufficient cause has been made out and the satisfaction of the court was also recorded, in that event the effect would be that both the parties would be called upon to lead evidence to get the matter decided on merits after the parties have opportunity of being .....

Executive Engineer, Vith Construction Division, U.P. Jal Nigam Vs. Pre ...

Court : Allahabad

Reported in : 2007(4)AWC4172

..... the supreme court in the said authority has equated the powers of section 6 (6) of u.p.i.d act with the powers of civil court under section 152 c.p.c. ..... in the above authorities power of review of civil court, high court in exercise of writ jurisdiction, supreme court and other courts was considered. ..... the supreme court clarified that in case labour court held that workman was not entitled to back wages alongwith reinstatement then by exercising powers under section 6(6) of u.p.i.d act, back wages could not be awarded even if earlier award refusing to award back wages was erroneous in law. ..... in all these writ petitions the question of requirement of compliance of section 6-n of u.p.i.d act and/ or question of actual compliance of the said provisions had already been decided through initial awards. ..... the labour court held that the workman in one calendar year had not completed 240 days of service hence, he was not entitled to the protection of section 6-n of u.p.i.d act (petitioner employer stated that services were terminated after paying /offering one month's wages and compensation). ..... under the said section labour court has got jurisdiction to correct any clerical or arithmetical errors in the awards or the errors arising therein from any accidental slip or omission; whether this provision confers power of review upon the labour court and if so to what extent. ..... state of karnataka and anr. ..... the selection committee for admission to the medical and dental colleges, bangalore v. m.p. .....

Union of India (Uoi) Vs. Sobhraj Bhag Chand

Court : Allahabad

Reported in : AIR1980All163

..... that it booked a consignment of 341 bags of potatoes on 17-1-1962, for carriage and safe delivery at bangalore city, the railway administration accepted the consignment and undertook to carry the goods and issued a railway receipt dated ..... enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the central government or a state government or by any officer or authority subordinate to the central government or a state government authorised in this behalf; (f) act or omission or negligence of the consigner or the consignee or the agent or servant of the consignor or the consignee; (g) natural deterioration or wastage in bulk weight due to inherent defect, quality or vice of the goods; (h) latent defects ..... (3) when any animals or goods are deemed to have been tendered to be carried, or are carried at the owner's risk rate, then notwithstanding anything contained in section 73, the railway administration shall not be responsible for any loss, destruction, damage, deterioration or non-delivery, in transit, of such animals or goods, from whatever cause arising, except upon ..... while dealing with this question, the kerala high court has held as follows:'there can be no question, that quite apart from sections 55 and 56, rules can be framed under section 47 (1) (f), providing for the terms, and conditions on ..... by the ii civil judge, kanupr ..... against the judgment and decree passed by the additional district judge, kanpur on 15-3-1971 in civil appeal no. .....

Richa Khare and Others Vs. Ankit Guta and Others

Court : Allahabad

..... of the case; (2) whether the application for amendment is bona fide or mala fide; (3) the amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of money; (4) refusing amendment would in fact lead to injustice or lead to multiple litigation; (5) whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case; and (6) as a general rule, the court should decline amendments if a fresh suit on the amended claims would be barred by limitation on the date ..... it is well settled that under order 6 rule 17 of the code of civil procedure, wide powers and unfettered discretion have been conferred on the court to allow amendment of the pleadings to a party in such a manner and on such terms as it appears to the court just and proper. ..... the absence of a provision similar to sub-section (4) of section 140 of the act from section 163-a of the act is for shifting the onus of proof on the grounds of "wrongful act", "neglect" or "default" on to the shoulders of the defence (the owner or the insurance company). ..... mirza dawood bagi and another [1998 law suit (ap) 243], bangalore metro transport corporation v. .....

Vivek Srivastava Son of Late Sri J.P. Srivastava Vs. Union of India (U ...

Court : Allahabad

Reported in : 2005(3)AWC2897; 2005(3)ESC1790

..... best achieved to advance the cause of community or disadvantaged groups and individuals or public interest by permitting any person, having no personal gain or private motivation or any other oblique consideration but acting bonafide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion like actio popularis of roman law whereby any citizen could bring such ..... , (2005) 1 uplbec 144, the supreme court while construing the provision of clause (c) of section 73 of the mumbai provincial municipal corporation act, 1949, held that although the commissioner was entitled to execute the contract on behalf of the corporation but a statutory embargo was placed upon him by clause (c) of section 73 of the act which required that before executing a contract, the commissioner was required ..... polo ground' covers 22.77 acres of open land is an a-1 defence land being managed by the military authorities and which is owned by the central government, is located in the heart of the city of allahabad in the civil lines area collocating the high court of judicature at allahabad on the south-west, the government press, directorate of education. ..... to indirectly permitting the unauthorized use, which amounts to the amendment of the master plan without following due procedure.'57. ..... the supreme court has clearly held in bangalore medical trust case [supra] that open spaces which has become the gift for the people cannot be ..... bangalore .....