Court : Allahabad
Reported in : 1991CriLJ1063
..... , (1982 (19) acc page 98) in which it has been observed:'...........the requisition under section 3(2) of the prisoners (attandance in courts) act, 1955 and section 267(1) of the code of criminal procedure can be addressed to superintendent of a distritct jail who is already holding a prisoner under an authority ..... new code of criminal procedure, 1973, the provisions of the prisoners (attendance in courts) act, 1955 relating to criminal courts were incorporated in chapter xxii from sections 266 to 271. ..... it has not been printed correctly but it is the same requisition as mentioned in schedule ii of the prisoners (attendance in courts) act, 1955 and form 36 of schedule ii prepared under section 267 of the code.14. ..... thus, after the enactment of the prisoners (attendance in courts) act, 1955, civil or criminal courts could make an order in the forms set-forth in the schedules directing the officer-in-charge of the prison concerned to produce a prisoner before it for answering a charge or ..... therefore, the prisoners (attendance in courts) act, 1955 was enacted for attendance to courts of persons confined in the prisons for obtaining their evidence or for answering a ..... (attendance in courts) act, 1955, in fact, both the schedules of earlier act were appended. ..... , clear that the requisition for transferring a person confined or detained in prison, by a magistrate shall be deemed to have been made under section 267 of the code and section 3 of the prisoners (attendance in courts) act, 1955. .....
Tag this Judgment!Court : Allahabad
Reported in : 1983(14)ELT2255(All)
..... excise leviable thereon as is in excess of duty calculated at 15 per cent and 5 per cent, respectively, on the basis of price determined by the central government, from time to time, under sub-section (3c) of section 3 of the essential commodities act, 1955 (10 of 1955) for levy sugar subject to the condition that a certificate is produced from the chief director, directorate of sugar & vanaspati regarding the eligibility of the sugar factory to avail of the exemption under this notification :-provided that ..... : -(a) 'levy sugar' means sugar required by the central government to be sold under clause (i) of sub-section (2) of section 3 of the essential commodities act, 1955 (10 of 1955). ..... the powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944 read with sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957) the central government hereby exempts sugar, falling under sub-item (1) of item no. ..... production in a sugar year, at 15 per cent and 5 per cent respectively, and further stipulated that the said duties would be calculated on the price payable for levy sugar under section 3(3c) of the essential commodities act, 1955. ..... 1 of the first schedule to the central excises and salt act, 1944 (1 of 1944) and produced by a sugar factory, commences production for the first time on or after the 1st day of april, 1974, and which is in excess of thirty-five per cent of its production in a sugar year, .....
Tag this Judgment!Court : Allahabad
Reported in : 1984(17)ELT29(All)
..... thereon as is in excess of duty calculated at 15 per cent and 5 percent, respectively, on the basis of price determined by the central government, from time to time, under sub-section (3c) of section 3 of the essential commodities act, 1955 (10 of 1955) for levy sugar subject to the condition that a certificate is produced from the chief director, directorate of sugar & vanaspati regarding the eligibility of the sugar factory to avail of the exemption under this notification :provided that ..... apply to a sugar factory by this notification.explanation : in this notification :(a) 'levy sugar' means sugar required by the central government to be sold under clause (f) of sub-section (2) of section 3 of the essential commodities act, 1955 (10 of 1955). ..... powers conferred by sub-rule (1) of rule 8 of the central excise rules, 1944 read with sub-section (3) of section 3 of the additional duties of excise (goods of special importance) act, 1957 (58 of 1957), the central government hereby exempts sugar, falling under sub-item (1) of item no. ..... year, at 15 per cent and 5 per cent respectively, and further stipulated that the said duties would be calculated on the price payable for levy sugar under section 3(3c) of the essential commodities act, 1955. ..... and reduced the excise duty and additional excise duty leviable on sugar liable to be sold to the-central government under section 3(2)(f) of the essential commodities act, this notification was to remain in force upto the 30th of september, 1976. .....
Tag this Judgment!Court : Allahabad
Reported in : 1994CriLJ2910
..... it would, therefore, be evident that even according to the hindu marriage act, 1955 either the party concerned has to plead customary rites and ceremonies or the two essentials of the ceremonies of marriage have to be completed, namely, (1) invocation before the sacred fire and (2) saptapadi. ..... the hindu law as it then was before the advent of the hindu marriage act, 1955 has been discussed in section 437 of the hindu law by d.f. ..... the legal position after the enforcement of the hindu marriage act is enumerated in section 7 as follows:7(1). .....
Tag this Judgment!Court : Allahabad
Reported in : I(1991)DMC550
..... under section 5 of the hindu marriage act, 1955 one of the necessary conditions for the marriage is that neither party has a spouse living at the time of marriage. ..... hindu marriage act, 1955 and, therefore, the rights of the parties will be governed by the provisions of the said act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2182
..... after passing the order under section 24 of the act nothing more is required to be done with regard to question of interim maintenance during pendency of proceedings and the fact is that the order passed under section 24 finally disposes the application for interim maintenance; hence as laid down by the apex court in above quoted paragraph the revision shall be maintainable against an order under section 24 of the hindu marriage act, 1955.9. ..... passed in a case decided in an original suit or other proceeding by a subordinate court where no appeal lies against the order and where the subordinate court has-(a) exercised a jurisdiction not vested in it by law; or(b) failed to exercise a jurisdiction so vested; or(c) acted in exercise of its jurisdiction illegally or with material irregularity. ..... act no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All364; 1958CriLJ591
..... indeed cases where perjury or fabrication of false evidence will not be detected before the judgment or order is pronounced will be very few because section 145 of the' evidence act requires that if a witness is sought to be contradicted by this former statement his attention must be drawn to it and rules of evidence also require that a witness must be given an opportunity of meeting the points that are being raised against ..... the provisions of section 479a have been inserted in the code of criminal procedure by section 89 of the code of criminal procedure (amendment) act 1955 (no xxvi of 1955). ..... the general rule of interpretation of statutes is that where the language of any act is clear and unambiguous it must be given effect to whatever may be the consequence for in that case the words of the statute speak the intention of the legislature (vide craies on statute law, 1952, ed., p. 64). ..... section 477 was repealed by section 29 of the code of criminal procedure (amendment) act, 1923 (no. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2155
..... under section 7 of the hindu marriage act, 1955, a hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto, and where such rites and ceremonies include the saptapadi (that is the taking of seven steps by the bridegroom .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3880; (2005)2UPLBEC1409
..... mention has been made in the present reference, it was held that the expression 'judicially separated' is not to be understood in the technical sense in grant of decree under section 10 of the hindu marriage act and the wife was deserted and living separately and the land recorded in her favour should not be clubbed with the holding of her husband.8. ..... 10 and 29(2) of the hindu marriage act, 1955 also strengthen the above conclusion. ..... thus it is imminently clear that even if there was some sort of separation between the husband and wife, when the ceiling act, came into force, such separation could not constitute 'judicial separation' between them and the holdings existing in the names of husband and wife are liable to be clubbed together ..... supreme court held as under :--'it is difficult for us to accept this contention in view of the clear provisions of the ceiling act, 1960 which apart from being a beneficial act, for the landless has used the term 'judicially separated' wife after the coming into force of the hindu marriage act, 1955. ..... proposition, the contention of sri nirmal tiwari that if the words 'judicial separation' is understood as in section 10 of the hindu marriage act, then obviously it would apply only to a hindu and not to a muslim or persons of other religions is devoid of any substance ..... meaning to include a wife merely living separately from the husband, but having not obtained a decree for judicial separation under the provisions of the hindu marriage act, 1955.10. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All352
..... prevention of cow slaughter act, 1955 was amended by u.p. ..... prevention of cow slaughter act, 1955 (u.p. ..... prevention of cow slaughter act, in so far as they relate to bulls and bullocks, are unconstitutional while the remaining provision relating to prohibition against the slaughter of cows was valid and constitutional. ..... prevention of cow slaughter act also and that the discretion given under the said bye-laws is arbitrary.3. ..... 3 of the act(l of 1956). ..... 3 of the act was violative of art. ..... act (1 of 1956). ..... prevention of cow slaughter act. ..... act 1956 leaves no manner of doubt that, according to the said provision, there could be complete prohibition against slaughtering of cow only and there could be no such prohibition against the slaughtering of buffalo, she-buffalo, bull and ..... act no. ..... act 33 of 1958, bull, bullocks were included within the definition of 'cow' and, accordingly, there stood absolute prohibition in respect of slaughter of bull and bullock also. ..... act 1 of 1956) were challenged on the ground that the provision contained in s. .....
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