Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 maharashtra section 6 situation of district court Court: allahabad Page 1 of about 8 results (0.122 seconds)

U.P. Cement Vetanbhogi Sahkari RIn Samiti Ltd. Vs. Official Liquidator

Court : Allahabad

Reported in : [2010]97SCL196(All)

..... held that there was nothing in section 483 of the companies act, 1956, which took away or curtailed the right of appeal provided by section 5(1) of the delhi high court act, 1966, and clause 10 of the letters patent (punjab) as applicable to the delhi high court; and that the jurisdiction conferred on the company judge of the high court under section 10 of the companies act was none other than its ordinary civil jurisdiction and appeal lay also under clause 10 of the letters ..... the company law board exercising jurisdiction under sections 397 and 398 of the companies act is not a civil court. ..... if the decision in a second appeal were in the exercise of 'ordinary jurisdiction', and there can be no controversy about it, then the construction of section 202 of the companies act in relation to a high court which is the primary court exercising jurisdiction under the companies act (vide section 3(1) of the act) would lead to anomalous results as judgments or decisions rendered in different types of cases though all of them are in the exercise of 'ordinary jurisdiction', are subject to different conditions as regards ..... in this connection, our attention was invited to a decision of the bombay high court in maharashtra power development corporation ltd. v. ..... the section indicates that where any appeal from an original or appellate decree or order is heard and decided by the learned single judge of the high court no further appeal shall lie notwithstanding the above three situations mentioned. .....

Mohan Srivastava Vs. State of U.P

Court : Allahabad

..... in the fourth and last ruling laxmi traverls nagpur vs.g.e.countrywide consumer and another ( supra) cited by learned counsel for the applicant, the bombay high court has been pleased to observe that cause of action as contemplated in section 142 of the act arises at the place where the drawer of the cheque fails to make payment of money. ..... it is also contended that the opposite party no.2 is not a resident of 140, munshi pada, ps kotwali nagar, bulandshahr but is a resident of 3a/72, azad nagar, ps nawabganj, kanpur nagar and he deliberately filed the instant complaint against the applicant at district bulandshahr through his brother-in-law sri surendra mohan swaroop, advocate, who is a resident of 140, munshi pada, ps kotwali nagar, bulandshahr for the sake of his convenience of getting all sorts of legal as well as other help ..... on 28.1.2008, the opposite party no.2 send a legal notice through his counsel to the applicant to his residence at flat no.4, free india house, lic colony, 6/32, civil lines, kanpur as well as to his official address at inspection department fourth floor, lic of india, zonal office 16/98, m.g.marg, kanpur, u.p. ..... the locality where the bank (which dishonoured the cheque) is situated cannot be regarded as the sole criterion to determine the place of ..... state of maharashtra and another(supra) cited on behalf of the applicant, the bombay high court has been pleased to observe that a cheque has to be presented to the drawee bank at the place mentioned on the .....

Municipal Board, Amroha and Another Vs. U.P. Public Services Tribunal ...

Court : Allahabad

Reported in : [2001(90)FLR385]; 2001LabIC3505; (2001)IILLJ1221All; (2001)2UPLBEC1651

..... said case, the question of vires of the second proviso to rule 151 (1) (ii) (b) of the bombay civil services rules, 1959, providing for payment of subsistence allowance at the rate of rupee one per month to a government servant who was convicted by competent court and sentenced to imprisonment and whose appeal against conviction and sentence was pending, was raised. ..... the proposition that is culled out from the aforesaid judgments of the hon'ble supreme court is that apart from the violation of the principles of natural justice because of non-payment of subsistence allowance, some prejudice must be shown to have been caused to ..... scr 359 : air 1957 sc 227, it has been laid down that while exercising the jurisdiction under article 226 of the constitution the high court has the power to refuse the writs if it was satisfied that there has no failure of justice. ..... on the ground that no subsistence allowance was paid to him and has founded its order and judgment on the decision of the hon'ble supreme court rendered in state of maharashtra v. ..... denial of a reasonable opportunity to defend in the proceedings before the tribunal and such denial led to violation of principles of natural justice vitiating the proceedings before the tribunal under sub-section (3) of section 33 of the industrial disputes act, 1947. ..... counsel for the petitioners submitted that the tribunal committed an illegality in placing reliance on the judgment of the hon'ble supreme court rendered in state of maharashtra v. .....

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... mishra, additional chief executive, zila panchayat, allahabad to the various officers to submit the documents before the said committee and it is evident from the said letter that the district magistrate had appointed that committee to hold the inquiry against the petitioner and all the authorities were directed to make the record available to that committee and the language used therein ..... abdul gani lone, : [1980]1scr1177 , the hon'ble supreme court, while considering the provisions of sub-section (3) of section 89 of the j&k; representation of people act, 1957, held that the difference between a mandatory and directory rule is that the former requires strict observance while in the case of latter, substantial compliance of the rule may be ..... charge-sheet is accompanied with the statement of facts and the allegation may not be specific in charge-sheet but may be crystal clear from the statement of charges, in such a situation as both constitute the same document, it may not be held that as the charge was not specific, definite and clear, the inquiry stood vitiated. ..... apart from the aforesaid proposition of law, it has also to be examined on the touchstone of the principles laid down in the code of civil procedure as to whether the applicant ashok kumar dubey is a proper or necessary party or not, a necessary party is one without whose presence no effective adjudication can be accomplished whereas a proper party is one without whose ..... , maharashtra state ..... high court of bombay, and .....

Syed Madadgar HusaIn Rizvi Son of Late Syed Abrar HusaIn Rizvi and Tul ...

Court : Allahabad

Reported in : 2008(1)AWC446

..... singh, learned senior counsel has submitted that in view of the provisions contained under section 28-a of the act 1973, the vice chairman or an officer empowered by him, has a power of directing the sealing of the building before or after making an order of removal or discontinuance of any development under sections 27 and 28 of the act 1973 and any person aggrieved by an order made under sub-sections (1) and (2) of section 28-a of the act 1973 has a right to appeal against such an order before the chairman within ..... it further recites that the claim of benefit under the master plan - 2021 could not be made available to the petitioners as they have not submitted any order from the district magistrate extending the benefit of freehold in respect of the additional land which might be available on account of reduction in the width of the road, as approved in the master plan - ..... in view the nature of the litigation between the parties and as certain constructions may be found in deviating from the sanctioned plan, we further direct that the status of sealing as directed by the hon'ble apex court vide order dated 18.06.2007 shall continue to be maintained till final orders are passed by the concerned authority as per our directions, referred to herein above.36. ..... 1, who is the landlord of the land situate at x-9, civil station, sardar patel marg, allahabad and petitioner no ..... (vide board of trustees of the port of bombay v. ..... [1987]164itr1(sc) ; board of trustees of the port of bombay v. .....

Kaptan Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)AWC342; 2005(1)ESC307

..... it appears that the college authorities deliberately did not follow the procedure laid down in section 10 of the act for notifying the vacancies to the board so that it could continue to take work from teachers appointed by them ..... relating to the appointments of sahab singh and lakhan singh were sent to the district inspector of schools, agra, for granting approval but the district inspector of schools, agra, declined to grant approval by means of the order ..... state of maharashtra, air 1995 sc 962, the court rejected the claim of the petitioner therein for regularisation on the ground of long continuous service observing as under :'nor the claim of the appellant, that she having worked as lecturer without break for ..... if the state has the discretionary power to issue executive instructions, such discretion is coupled with the duty to act in a manner which will promote the object for which the power is conferred and also 'satisfy the mandatory ..... the attestation of signatures of chhiddi singh as manager of the college by the district inspector of schools, agra, on 27.6.1995 was stayed to the extent that the district inspector of schools, agra, was to singly operate the joint account. ..... we have no hesitation in holding that in such a factual situation, the state government is not liable to make the payment of the salary to either of the appointees on short-term vacancies, who have deliberately been permitted to continue for about a decade in flagrant ..... and commissioner of police, bombay v. .....

Bachcha Son of Maheshwari Deen Kumar Vs. State of U.P.

Court : Allahabad

Reported in : 2008CriLJ483

..... state of maharashtra (1197) scc (crl) 840, the apex court observed as under:where the courts had given cogent and convincing reasons for recording their finding that the accused had kidnapped the victim girl with intent to seduce her to illicit intercourse, conviction of accused under section 366 was not interfered ..... hamsa (1988) 3 crimes 161, it was stated as under:what the legislature had in mind when it used the word modesty in sections 354 and 509 of the penal code was protection of an attribute which is peculiar to woman, as a virtue which attaches to a female on account of ..... section 3(2)(v) of the act can be pressed into service only for enabling the court to pass a sentence of imprisonment for life and a fine when a person has been found guilty of committing an offence under ..... in that situation the apex court converted the conviction from section 302 to section 306 of ..... a greater degree of determination in attempt as compared with preparation.an attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. ..... got the report of the incident written from pancham singh and gave it at the police station jalaipur, district hamirpur, along with the appellant. ..... ) the high court of bombay observed as under:the accused were alleged to have kidnapped the girl below 16 years of age from the lawful guardianship of her parents and taken her to .....

Hero Motors Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2009All93; 2009(2)AWC1336

..... state of maharashtra : air1997bom7 , the bombay high court described a transfer under a scheme of arrangement in the following words:by amalgamation scheme, what is transferred is a going concern and not assets and liabilities ..... before considering the terms and stipulations in the two deeds of transfer referred to as a-2 and a-3 we would like to refer to section 153a companies act, which has been enacted with a view to facilitate arrangements and compromises between a company and its creditor or shareholders which involve a transfer of its assets and liabilities to other companies as part of such ..... sections 3 and 4; state bank of india act, 1955, section 6(2) & (3) and (4); state bank of india subsidiary banks) act, 1959; banking regulation act, 1949, sections 14a, 36ae and cotton textile companies act, 1967, sections 4(1) and ..... any such scheme or arrangement is sanctioned by court, the court is empowered by the section to make provision by its order sanctioning the arrangement or any subsequent order, for the transfer of the assets and liabilities of a company in liquidation to another company, styled in the section as the transferee company. ..... the second point also, both the judges were agreed that the scheme of arrangement sanctioned by the court is a conveyance and an instrument within the meaning of sections 2(10) and 2(14) of the indian stamp act as applicable in uttar pradesh. ..... and civil misc ..... view of the aforesaid, findings the civil misc. ..... civil ..... civil ..... civil misc ..... civil misc .....

Ajeet Singh Alias Muraha Son of Vijay Singh Vs. State of Uttar Pradesh ...

Court : Allahabad

Reported in : 2007CriLJ170

..... who produced joginder kumar in court that they had picked him up in a bona fide manner for interrogation about a criminal case and he had not been illegally detained, the apex court had directed enquiry into the matter by the district judge and it was in that connection that observations had been made about situations when arrests may not be necessary ..... needed for custodial interrogation or for facilitating the investigation, where there was no likelihood of the accused absconding or repeating the crime, where the dispute was really of a civil nature, where there were cross cases, where apparently the accused had been falsely implicated due to political rivalry, or there was omnibus involvement of all major or minor, ..... of murder, rape, dacoity abduction, under the prevention of corruption act, or cases of financial and other scams or where accused are absconding, not co-operating or they are needed for custodial interrogation, effecting recoveries under section 27 of the evidence act or for obtaining their hand writings, or thumb marks or they have ..... , the hon'ble apex court while dealing with a case of election under the provisions of maharashtra cooperative societies act, 1960, held that interim ..... learned advocate general on behalf of state of bombay has also given his undertaking not to take ..... and ors air 2000 sc 1869, the apex court observed that the complaint or charge sheet can only be quashed in the rarest of rare exceptional case, but where the allegations on the face .....

M/S. Medicine IndiA. Vs. State of U.P.and Others.

Court : Allahabad

..... if that were to be treated so, it would follow that no amendment in the application for setting aside the award howsoever material or relevant it may be for consideration by the court can be added nor existing ground amended after the prescribed period of limitation has expired although application for setting aside the arbitral award has been made in time. ..... the learned district judge has rejected the said application in the light of the decision taken by the hon'ble high court of bombay in appeal no.799 of 2004 i.e. ..... learned counsel for the petitioner submitted that once the suit challenging the award was filed within time, the application for amendment cannot be rejected on the ground of limitation as the time provided under section 34 of the arbitration and conciliation act, 1996 is only for presentation of the suit, but it is not meant for amendment. ..... in the aforesaid terms the writ petition is partly allowed and the order dated 12.1.2010, passed by the district judge, lucknow is hereby quashed to the extent it rejects the application for amendment proposed through paragraph 2 sub-paragraph (a) to (k) and sub paragraph (l) ground (xxii). ..... whereas learned counsel for the petitioner submits that hon'ble supreme court in the case of state of maharashtra versus m/s.hindustan construction company ltd. ..... whether incorporation of additional grounds by way of amendment in the application under section 34 tantamounts to filing a fresh application in all situations and circumstances. .....