Court : Allahabad
Reported in : AIR1974All324
..... ., lucknow air 1939 oudh 65, wherein the following observation was made:'it has been urged by counsel supporting this application for privilege that section 124, evidence act, applies to disclosure in courts and therefore privilege can be claimed even if there has been disclosure outside the court i am not able to attach this ..... facts and circumstances which reasonably support such an inference.'38. this paragraph has nothing to do with the interpretation of section 123 or section 162 of the evidence act. this discussion relates to recognition by government, which may be express or implied. therefore, this would not help the respondent.39. in this connection reference was ..... to section 162 will also be relevant because it lays down the procedure which should be adopted while deciding the question of privilege. section 162 of the evidence act reads as below:'section 162. a witness summoned to produce a document shall, if it is in his possession or power, bring it to court, notwithstanding .....
Tag this Judgment!Court : Allahabad
Reported in : 1975CriLJ337
..... the applicants that when an appellant subsequently engages & more senior or eminent counsel who has a right of pre-audience under section 23 (5) (ii) of the advocates act, the appellant is entitled to be defended by him alone or that he alone should be heard on his behalf and, therefore, it is mandatory to give notice to him ..... engagement had been terminated or that he had no instructions to argue the appeal. on the other hand, the record of the case indicates that sri sudhir chandra varma acted throughout in the belief that he had instructions on behalf of his clients. he actually obtained adjournments on a number of dates and finally argued the appeal. he did ..... would like to have his case argued or conducted. normally the senior counsel has the right of pre-audience as provided under section 23 (5) (ii) of the advocates act but on instructions of the client or otherwise his counsel can inter se agree upon a different choice. where, however, the litigant has failed to take any such action .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All154
..... the state transport authority to grant stage carriage permits to each of the three appellants. the appellate tribunal held that there was no valid nationalisation scheme inexistence in respect of meerut-delhi route, consequently the route was not notified and therefore the stage carriage permits could legally be granted to ..... government was operating its vehicles exclusively on the meerut-delhi route and if that was notified the consequences contemplated by section 7 of the 1951 act automatically ensued, therefore by necessary implication the notification contained a provision prohibiting the private bus operators from operating on the meerut-delhi route. the ..... of the procedures, leaving one procedure only available, namely, the one followed and thus to make disappear the discrimination. in this way a validating act gets over discrimination. where, however, the legislative competence is not available, the discrimination must remain for ever since that discrimination can only be removed .....
Tag this Judgment!Court : Allahabad
Reported in : (1976)ILLJ246All
..... table, so to say, with a view to bring uniformity in application of the rule and keeping the appointing authorities under discipline. i am supported in this view of mine by a decision of the supreme court in union of india v. k.p. joseph, (supra).98. assuming the instructions do not become a condition of service ..... the argument put forward on behalf of the state that the appointing authority will be justified in ignoring the procedure prescribed by the department instructions if otherwise it has acted within the scope of the rule which confers a discretion to it of the widest amplitude has hardly any tenability. any departmental rule or instruction in the nature ..... have not become final and while deciding the special appeals we can take into consideration the amended rule.20. section (5 of the u.p. general clauses act can be of no help as the section by itself provides that the provisions contained therein shall be applicable unless a different intention appears from the amending or repealing .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All79
..... underlying the rules framed under the u. p. kshetra samitis and zila parishads adhiniyam, 1961. materially differs from such intention underlying the representation of the people act, 1951.21. shri dayal has contended that the respondents on record, namely, respondents nos. 3 and 4 have a right to contest the appeal and, therefore ..... as the law relating to abatement and withdrawal is exhaustively dealt with in the act itself no reliance can be placed on the provisions of the civil procedure code nor is there any provision in the civil procedure code under which the election petition can ..... provisions contained in that chapter. there is no provision providing for the dropping of an election petition for any reason other than those mentioned therein. the act does not provide for the abatement of an election petition either when the returned candidate whose election is challenged resigns or when the assembly is dissolved. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All47
..... in writing presented to the returning officer by such candidate either personally or by his proposer. it is argued that wherever the legislature intended that a particular act should be done by a candidate personally it had made specific provision to that effect giving such alternative mode to its being done through another person as was ..... candidate was precluded from giving evidence against the validity of the petitioner's claim due to non-compliance with the provisions of section 97, representation of the people act, no question of estoppel can arise on account of concession made by the parties as to the votes validly given in favour of each other. concession is ..... . the learned judge hearing the election petition however allowed the petitioner's application for recount. it was ordered that the recount would be done by four advocates acting as tellers two from each side out of a list of four furnished by each side. both the parties and their respective counsel were permitted to be present .....
Tag this Judgment!Court : Allahabad
Reported in : 1979CriLJ228
..... under the old act cannot be opened again for the purposes of applying new procedure and that presumption was rightly drawn.22. after a re'sume' of all the cases their lordships ..... of the appeal sub-section (3) of section 5 was repealed. it was contended in appeal that the presumption under section 5(3) of the prevention of corruption act would not be available to be drawn in appeal. this contention was negatived by the supreme court and it was held that whatever procedure was correctly adopted and concluded ..... date, what he does is to delegate that duty, initially resting upon him, to the civil court. in performing that duty the civil court would, therefore, be acting as a criminal court just as the magistrate would be doing where he has to decide the question himself. these contentions were negatived in that case and the proceedings of .....
Tag this Judgment!Court : Allahabad
Reported in : (1982)ILLJ373All
..... contrary under such statute or section 33c(2) cannot fall within sub-section (2) consequently, the benefit provided in the bonus scheme made under the coal mines provident fund and bonus schemes act, 1948 which remains to be computed must fall under sub-section (2) and the labour court, therefore, had jurisdiction to entertain and try such ..... computation follows upon an existing right to the money or the benefit, in view of its being previously adjudged, or, otherwise, duly provided for. in chief mining engineer, east [india coal co. ltd. v. rameshwar 1968-i l.l.j. 6], it was reiterated that proceedings under section 33 c (2) are analogous to execution proceedings ..... say, already adjudicated upon or provided for and must arise in the course of and in relationship between the industrial workman, and his employer, vide chief mining engineer, east india coal co. ltd. v. rameshwar (supra). it is not competent to the labour court exercising jurisdiction under section 33 c (2; to arrogate to itself .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All366
..... distance. it was accordingly decided to connect portions of pre-existing roads to provide a nearer link between the districts. the pre-existing roads were routes nationalised under chapter iv-a of the act. under the ratio of the decision in the case of mysore state road transport corporation (air 1974 sc 1940) (supra) and u. p. ..... submission urged on behalf of the petitioners in thei first group of writ petitions.22. mr. dhawan next contended that portions of the route were nationalised under chapter iva of the act and the scheme provided for total exclusion of private operators and as such permits could not have been granted to contesting respondents in pursuance of ..... road transport corporation (air 1974 sc 1940) (supra) the supreme court held that if there was prohibition to operate on a route notified as nationalised route under chapter iv-a of the act, no licence can be granted to any private operator whose route transversed or overlapped any part or whole of the notified route. in the .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD536(NULL)
..... the parties hasa not been truly stated in the instrument of transfer with the object of recuction or evasion of tax liability of the transferor under the it act or facilitating concealment of income or assets of the transferee.this is a fit case for initiating proceedings under saection 269c. issue notice under section 269d( ..... 1979]118itr326(sc) . he also arguaed that qua the defintion of transfer, the acquisition proceedings when though started well, could not be continued in view of the finance act, 1981. he also submitted that no opportunity was afforded to shri virendra saran regarding the acquisition proceedings against the soicety. next, he pointed out that there was no ..... observed in the impugned order that those acquisition; proceedings had been dropped as land was in small fragments to which the provisions of section 269c of the act were not applicable. in the present proceedings before us, the subject-matter of the challenge is only the main acquisition order dated 20-4-1983. the .....
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