Court : Allahabad
Reported in : (2004)2UPLBEC1909
..... deokar's distillery : [2003]2scr852 , the hon'ble supreme court while dealing with the orders passed under the bombay prohibition act, 1949, held that as the notification/circular issued under the act, 1949 and article 162 of the constitution 'had not been challenged, they were not entitled to challenge the demand notice which were merely a consequential communication ..... it is settled proposition of law that what cannot be done 'per directum is not permissible to be done per obliquum', meaning thereby, whatever is prohibited by law to be done, cannot legally be affected by an indirect and circuitous contrivance on the principle of 'quando aliquid prohibetur, prohibetur at omne per quod devenitur ad illud ..... while considering the oral prayer or application for withdrawal of a petition the court has to bear in mind that the act of the party should not be to defeat a right accrued in favour of any other person or the prayer was to over reach the ..... law prohibits to do something indirectly which is prohibited to be done ..... state of maharashtra and ..... in government of maharashtra and ors. ..... the maxim 'actus curiae neminem gravabit', which means that the act of the court shall prejudice no-one, becomes applicable in such a ..... of chester, (1824) 2 b and c 635, wherein it has been observed as under :'to carry out effectually the object of a statute, it must be considered as to defeat all attempts to do, or avoid doing in an indirect or circuitous manner that which it has prohibited or enjoined.'33. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)1UPLBEC331
..... it appears that after enactment of the act by the parliament certain conversation took place at various level. ..... after enactment of the reorganization act the government of india had sent a letter dated 13.9.2000 to the state of u.p. ..... after coming into force of act in the manner discussed hereunder. ..... reorganization act, 2000 (act no. ..... the act was promulgated by parliament on 25th august, 2000 and it was notified in the official gazette on 9.11.2000 which is the 'appointed day' for the purpose of bifurcation of state of u.p. ..... for reasons best known to them had proceeded ahead to obtain option from the horticulture department and settled their placement, without having a look to the statutory provisions of the act. ..... 29 of 2000) (hereinafter referred as act). .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1358
..... the order dated 3-12-1990 of the special judge, moradabad, moradabad remanding the petitioner to custody till further orders, and in connection with the cases, both at moradabad and bombay, the non-sanction of remand on the adjourned dates between 3-12-1990 and 11-7-1991 by the special judge, moradabad, render the petitioner's detention illegal, whether the orders of the ..... to person or authority, including in appropriate cases, any government, within those territories directions, orders writs, including (writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred in part iii and for any other purpose). ..... act, the orders remanding him to custody were passed by the competent courts at bombay, charge-sheet was submitted and cognizance of the offence was also taken by the special judge city sessions court greater bombay and the petitioner was detained in custody first at bombay prison, and thereafter at the central prison nasik, all within the state of maharashtra ..... release the petitioner from detention in the district jail, moradabad and also for a writ of mandamus prohibiting the respondents from transferring the petitioner to any other jail outside the district of moradabad. ..... himself having obtained even before his acquittal in the moradabad case, an interim stay order dated 28-10-1991 from this court, prohibiting his transfer from the district jail, moradabad to any jail outside moradabad .....
Tag this Judgment!Court : Allahabad
Reported in : 1994CriLJ1919
..... the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be, that, where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person in general esteem may not justify the ..... high court, to issue, to any person or authority, including any government appropriate cases within those territories, directions, orders or writs including writs in the nature (i) habeas corpus, (ii) mandamus, (iii) prohibition (iv)quo warranto and (v)certiorari or any of them 'for the enforcement of the rights conferred by part iii and for any other purpose. ..... jurisdiction of the supreme court under article 32 or of a high court under article 226 to enforce a fundamental right arises where a fundamental right of the petitioner has been affected by an act or order in one of the following cases:a) where the action has been taken under a ' statute which is ultra vires of the constitution.b) where the statute is intra vires but the ..... state of maharashtra : [1966]3scr744 ).d) where the authority, being under an obligation to act judicially passes an order which is ..... union of india has expressed his opinion thus: (1980 cri lj 258 bombay) (para 21):'this is admittedly a stage where the prosecuting agency is still investigating the ..... bombay corporation : air1986sc180 and 0044/ .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ1067
..... validity of the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be that where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person in general esteem may not justify ..... every high court, to issue, to any person or authority, including any government in appropriate cases within those territories, directions, orders or writs including writs in the nature of (i) habeas corpus, (ii) mandamus, (iii) prohibition (iv) quo warrant and (v) certiorari or any of them 'for the enforcement of (he rights conferrred by part iii and for any other purpose. ..... under article 32 or of a high court under article 226 to enforce a fundamental right arises where a fundamental right of the petitioner has been affected by an act or order or in one of the following cases: (a) where the action has been taken under a statute which is ultra-vires of the constitution. ..... be an exhaustive list where after the authority shall cease but one thing is certain that there should be a wrong or may be an expected wrong against the law and not a mere apprehension of an act which though not pleasant for an individual may not be illegal that can give rise to a cause for issuance of a writ. ..... prohibition of dowry act ..... state of maharashtra and : [1951 ..... bombay corporation : air1986sc180 and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All209
..... 1983 uplbec 355 : (air 1983 all 265), another division bench of this court has laid down that where a bye-law was enacted by the nagar palika, chitrakut dham, prohibiting the holding of vegetable and fruit market, that amounted to create monopoly in favour of the nagar palika and therefore, was not permissible on the language used in section 298(2){f) of the ..... if application be made within six months from such date, except on the ground that the place where the market or shopis established fails to comply with any conditions prescribed by, or under this act, or(b) cancel, suspend or refuse to renew any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with ..... was that since the petitioners carry on business of selling eggs, the restric-tion has created absolute prohibition and there-fore, such restriction cannot be imposed if a pragmatic view of the provisions contained in the ..... 1157, the supreme court came to consider the judgment of the bombay high court which had declared section 372(g) and part of section 385 of the bombay municipal corporation act as ultra vires being contrary to the fundamental right guaranteed by article ..... consequently, if the municipal board has resorted to framing of the bye-law by which prohibition of eggs in the city of rishikesh has been applied, there is nothing illegal in the aforesaid action, which notifications are fully protected by a combined reading of ..... maharashtra .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3374; (1999)3UPLBEC2083
..... mittal, on the other hand, was that true it is that section 22(3) of the act which according to him applies and no relief can be claimed beyond seven years, was considered by the bombay high court and similar argument made before the bombay high court was rejected but there being no pronouncement in this regard by the supreme court in the aforementioned case the contention ..... in our opinion, the view taken by the bombay high court in regard to non-applicability of section 22(3) of the act stands approved by the supreme court when it made following observations in gram panchayat supra :'in our opinion, the high court was justified in quashing the recovery proceedings which was against the property of ..... prayer has been made to prohibit the respondents from taking any steps or proceedings in any manner in the nature of execution, distress or the like against its properties for recovery of the amount due under the aforementioned impugned order without the prior consent of the bifr under section 22(1) of the sick industrial companies (special provisions) act, 1985.2. ..... state of maharashtra and others, air ..... inasmuch as against the decision of the bombay high court in sri vallabh glass works ..... anxious consideration, we agree with the view taken by the bombay high court which stands approved by the supreme court holding non-applicability-of clause (3) of section 22 of the act.7. ..... mittal in regard to applicability of section 22(3) of the act hereinbefore and thus this writ petition is fit to .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1666b
..... against a non-banking financial company if following conditions are satisfied : (a) it is unable to pay its debt ; or (b) it has by virtue of section 45ia become disqualified to carry on the business of a non-banking financial institution ; or (c) it has been prohibited by the bank from receiving deposit by an order and such order has been in force for a period of not less than three months : or (d) its continuance is detrimental to the public interest or to the interest of depositors of the company. 4. ..... in order to find out the true state of affairs, the assets available with the company, bona /ides of its intention to pay the creditors and the injunction orders passed by the bombay high court and delhi high court, it is necessary to bring on record the entire facts, and it is also in public interest as well as depositor's interest to consider the extent of assets available and the scheme of ..... that the chairman and directors of the company were required to be present in various courts with regard to the matters of their bail, and day-to-day trial conducted bydesignated court under provisions of maharashtra protection of investors deposits act and that the directors came to know about the pendency of the winding-up petition only a few days ago. ..... that during the aforesaid period, the company has paid some of its creditors and that in the injunction matter pending before the bombay high court, a scheme has been submitted for repayment of the depositors money in instalments. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307
..... indeed, such cases do not relate to abolition of contract labour but present instances wherein the court pierced the veil and declared the correct position as a fact at the stage after employment of contract labour stood prohibited ; and (iii) where in discharge of a statutory obligation of maintaining a canteen in an establishment the principal employer availed the services of a contractor the contract labour would indeed be the employees of the ..... laid down three following principles :(i) where contract labour is engaged in or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/ court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the c.l.r.a. ..... sc 1893, wherein the supreme court after considering the entire law and a catena of judgment decided by the apex court earlier, came to the following conclusion :(i) 'in view of the provisions of section 10 of the act, it is only the appropriate government which has the authority to abolish genuine labour contract in accordance with the provisions of the said section. ..... however, under the provisions of the act, the appropriate government, if it so desires can prohibit contract labour in any process by issuing required notification, [vide delhi cloth and general mills ..... a large number of judgments, including maharashtra sugar mitts ltd. v. ..... state of bombay, air 1951 sc 313 ; shivnandan .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)11VST912(All)
..... but now it is well established that while interpreting the items in statute like sales tax act, resources should be had not to be scientific or technical meaning of such terms but to their popular meaning, meaning attached by those dealing in them, that is to say, to their commercial sense. ..... state of maharashtra : air1978bom119 interpreted the expression 'forest* under the entry no. ..... a full bench of bombay high court in the case of janu chandra waghmare and ors. v. ..... it has not been defined in the act and being a word of everyday use it must be construed in its popular sense, meaning and with sense which people conversant with the subect matter with which the statute is dealing would attribute to it it is to be construed as understood in ..... and fearer sales tax act, 1947 and it was held as follows: -'but this word must be construed not in any technical sense nor from the botanical point of view but as understood in common parlance. ..... and central sales tax act and carried on the business of manufacture and sale of cement pipes as well as sale of jute bags etc. ..... the applicant, a private limited company, incorporated under the indian companies act is registered under the u.p. ..... sales tax act or in the rules framed thereunder or in any notification. ..... sales tax act in as much as after cutting the trees they were removed by the purchaser. .....
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