Court : Allahabad
Reported in : 2000(4)AWC2878
..... sri ramendra asthana learned counsel appearing on behalf of the petitioner contended that as article 137 of the indian limitation act prescribes a period of three years limitation, thus the curtailment of three years period to a period of sixty days only has infringed the petitioner's rights to trade and profession as guaranteed under article 19(1)(g) of the constitution of india.3. ..... thus, there is no question of applicability of three years rule of limitation to the provisions under control order enacted under the provision of the essential commodities act, 1955. ..... to a question put by us as to whether the provisions of the indian limitation act, 1967, are applicable to the authorities under the control order?. mr. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All37
..... 10 of the uttar pradesh cinema (regulation) act, 1955. s. ..... cinemas (regulation) act, 1956 gives powers to the state government to exempt subject to such condition and restrictions as it may impose any exhibition or class of exhibition by means of cinematograph or video from any of the provisions of the said act or any rules made thereunder. ..... -- where, by any uttar pradesh act, a power to issue statutory instrument is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add; amend, vary, or rescind any statutory instrument so issued.'4. ..... 21 of the general clauses act read with definition 'of the expression 'statutoryinstrument' would be applicable to the instant case. ..... general clauses act provides as follows:--'21. ..... act a power to issue a statutory instrument is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions to add, amend, vary or rescind any statutory instrument so issued. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All234
..... ' it was submitted on the basis of the above observations of the supreme court that a mortgagee, who takes possession of the mortgage property, cannot commit any act, which is destructive of or injurious to the property and as letting of the premises to a tenant would amount to causing permanent injury to the interest of the mortgagor, such a transaction should be held not binding on him. ..... the respondents claimed immunity from eviction on the basis that by virtue of section 15 of the rajasthan tenancy act 1955, possession of the respondents was unassailable. 15. ..... in that case the supreme court accepted the finding of the high court that the act of letting by the mortgagee in possession was a prudent act and having found so, held that the respondents of that appeal were not liable to eviction. ..... the learned counsel for the appellant at the end made a half hearted attempt to argue that the provisions of section 76(a) of the transfer of property act were not applicable to urban properties, and for this purpose he relied on the following observations of hidayatullah, c. j. ..... it will thus be seen that while dealing with the normal position under the transfer of property act, this court specifically pointed out that the rights of the tenants inducted by the mortgagee may conceivably be improved by virtue of statutory provisions which may meanwhile come into operation. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All309
..... reserved or assigned for a particular factory, it is obligatory upon that factory to purchase such quantity of sugarcane grown in that area and offered for sale to the factory as may be determined by the cane commissioner under section 15(3) of the act and it is also obligatory on the factory to purchase all the sugarcane grown in the reserved area of the assigned area which is offered for sale by the sugarcane growers or societies under section 15(2) of the ..... in exercise of the powers conferred by section 3 of the essential commodities act, 1955, the central government promulgated the order, called the sugarcane control order, 1966, clause 6 of the said order regulates the distribution and movement of sugarcane within the reserved area of sugar factories having regard to ..... 5, the petitioner had preferred an appeal under section 15(4) of the act read with rule 22 of the rules of 1954 on which an illegal order was passed by the state government on 6-1-1994 ..... in accordance with the provisions of section 12 of the act of 1953, the petitioner filed its application stating its demand for the crushing season 1994-95 before the commencement of the crushing season and before the issuance of the reservation order for the ..... in its application under section 12 of the act, the petitioner also stated the fact that during the previous crushing season 1993-94, the petitioner's factory at walterganj got serious set back on account factory at walterganj got serious set back on account of assignment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All355; 1963CriLJ117
..... sudarsan singh, air 1961 all 150, where it was held that the combined effect of sections 9 and 19 read with section 4 of the hindu marriage act is, that the district court has the exclusive jurisdiction ta decide a suit for restitution of conjugal rights where the parties are hindus and a munsif has no jurisdiction to try it.6. ..... under the hindu marriage act, 1955, the forum to which petitions for restitution of conjugal rights by a hindu wife or husband are to be presented, has been specified to be the district court. ..... in section 137 at page 196 of 1940 edition of the book, it is mentioned that implied repeals by a subsequently enacted law have been divided into two general classes: those which occur where an act is so inconsistent or irreconcilable with an existing prior act thatonly one of the two can remain in force and those whichoccur when an act covers the whole subject of an earlier actand is intended to be a substitute therefor. ..... the mere fact that similar analogous remedy is available under the hindu adoptions and maintenance act in a civil court, does not take away the jurisdiction of the magistrate under section 488, cr. p. c. ..... the third ground advanced by the learned counsel for the applicant, assailing the jurisdiction of the magistrate, is that the hindu adoptions and maintenance act covers the whole subject of maintenance to a hindu wife, and as this act was enacted subsequently, the earlier provisions of section 488, cr. p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All441
..... ' it was a case to which madras court-fees and suits valuation act, 1955 was applicable and it was held that section 12 (2) of the said act only enables the defendant to raise a contention as to the proper court-fee payable on a plaint and to assist the court in arriving at a just decision on ..... feeling aggrieved, the person called upon to make good the deficiency and no other person can prefer an appeal under section 6a of the court-fees act and the chief inspector of stamps can in certain circumstances detailed above move e revision under section 6-b. ..... it will be of advantage to refer to the relevant observations :--'the court-fees act was enacted to collect revenue for the benefit of the state and not to arm a contesting party with a weapon of defence to obstruct the trial of an ..... conditioned by clauses (a), to (c) thereof and may be invoked on the ground of refusal to exercise jurisdiction vested in the subordinate court or assumption of jurisdiction which the court does not possess or on the ground that the court has acted illegally or with material irregularity in the exercise of its jurisdiction. ..... held on 12-7-1971 that the suit is to be valued according to the market value of the property and this will have to be determined in accordance with the provisions of section 7(v)1(c) and subsection ii of section 7 of the court-fees act, the plaintiffs moved an application 66-c/2 for issue of commission under section 9 of the court-fees act for determining the value of the property. .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]106ITR976(All)
..... the assessee filed an appeal before the appellate assistant commissioner and contended that under the provisions of the working journalists act, 1955, the company had to make provision for payment of gratuity to its workmen which could not be done so far because of lack of ..... has referred the following question for the opinion of this court:'whether, on the facts and in the circumstances of the case, and on a true interpretation of the provisions of section 23a/104 of the income-tax act, 1922/1961, the appellate tribunal was right in holding that the assessee-company was justified in not declaring any dividend out of the profits in respect of each of the relevant previous years ?'4. ..... of income-tax : [1964]54itr344(cal) , wherein the calcutta high court has observed that in considering the small-ness of profits for the purposes of section 23a(1) of the indian income-tax act, 1922, the income-tax officer must look to the business profits adjudged in the light of commercial principles. ..... the result the tribunal held that no super-tax as contemplated by section 23a of the indian income-tax act, 1922, was payable by the assessee in any of the three assessment years. ..... they emerge from the statement of the case are that in the previous years relevant to the three assessment years in question, the assessee-company's distributable surplus under section 23a of the indian income-tax act, 1922, were found to be rs. ..... -62, 1962-63 and 1963-64, under section 66(1) of the indian income-tax act, 1922.2. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1768
..... central board of waqf, 2003 (1) lcd 266, a division bench of this court held that in terms of section 83(5) of the waqf act, 1955, the waqf tribunal has all powers of civil court in the c.p.c.10. ..... the learned counsel for the opposite party has argued on the strength of the various provisions under the waqf act and the cases decided earlier by this court that the waqf tribunal had all the powers of the civil court given under ..... this is a civil revision under section 83(9) of the waqf act, 1995 against the order dated 18.7.2002 passed by the civil judge (senior division), lakhimpur kheri in civil appeal ..... i may quote section 83(5) of the waqf act which is as follows :'83 (5) the tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by the civil court under the code of civil procedure, 1908, while trying a suit, or executing a decree ..... it is an appeal under section 64(4) of the waqf act and in accordance with the provision under section 83(5) of waqf tribunal (civil judge) had no jurisdiction to pass impugned order by exercising all the powers given under civil procedure code for deciding the ..... has argued that no suit as provided under section 54(4) of the waqf act is pending before the civil judge. ..... 2002 under section 64(4) of the waqf act, 1995 before the waqf tribunal, i.e ..... may refer here the relevant provisions of the waqf act, 1995. ..... under section 27 of the waqf act on 15.6.2002. ..... after making necessary inquiry as provided under the aforesaid act. .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]132STC572(All)
..... .--for the purposes of this sub-section, in relation to purchase of foodgrains in pursuance of any order made under section 3 of the essential commodities act, 1955, including any purchase in excess of the levy share, the purchase first made by a dealer from the state government or its purchasing agent shall be ..... state government may, by notification in the gazette, specify in relation to purchases made within uttar pradesh by a dealer (whether on his own account or on account of any one else), or through a dealer acting as a purchasing agent : provided that such tax on the turnover of first purchase of mentha herb shall be levied and paid at the rate of seven per cent or at such rate not exceeding fifteen ..... cent; (b) of first purchases of such other goods at such rate not exceeding- (i) the maximum rate for the time being specified in section 15 of the central sales tax act, 1956 (act 74 of 1956), in respect of goods declared by section 14 of that act to be of special importance in inter-state trade or commerce, and (ii) fifteen per cent in respect of other goods, and with effect from such date, as the ..... . the trade tax revision could also not be dealt with and decided as an appeal by this court as an appellate authority in exercise of its jurisdiction under section 11 of 'the act' unless the law point or the question of law if any involved or it is shown that such finding of tribunal is perverse based on no evidence, or no material on record or is otherwise arbitrary on the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All79
..... this power is confined to fixation for the purpose mentioned in essential commodities act 1955-- in any case the appellants' objection could form the subject-matter of representations which could have been made to the government by each of the parties affected if their case has substance, they ought to have made a ..... in the context of the impugned legislation (section 44-a) public interest would mean encouragement of the growth or proliferation of the cold storages or any other action which may subserve the dominant object of the act preservation of agricultural produce which includes potatoes ensuring continued availability of the produce to the community at large throughout the year and mitigation of hardship to the cultivators. ..... provided that the maximum charges that may be fixed under this section for the first time after the commencement of this act may cover any period before the date of such commencement in respect of any agricultural produce that continues to be stored in the cold storage on the said date.' 10. ..... which directly covers this aspect repelling the challenge to section 6 of the kerala forest produce (fixation of selling price) act which conferred on thegovernment the power to grant exemption from the provisions of the act in favour of any government owned company or a cooperative society in public interest, their lordships summed up the law thus : --'in almost all the statutes by which the fiscal or economic interests of the state are regulated provision for .....
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