Court : Allahabad
Reported in : AIR1997All323
..... without any averment that they stood registered in india. therefore, under the definition of the term 'registered' as used in the trade and merchandise marks act, the defendant-revisionist company were the sole owners of the aforesaid trade marks and cancellation of registration could have been made not by the civil court but ..... of the plaintiffstrade mark is questioned, by the defendants orwhere in any such suit, the defendants raise a-defence of any infringement under section 30 ofthe act and the plaintiffs question the validity ofthe registration of the defendant's trade mark,the issue as to the validity of the registration ofthe trade mark concerned ..... by an exercise of that jurisdiction legally or with material irregularity'. the high court may not interfere into the finding of a subordinate court if it had acted within the amplitude of his jurisdiction. even if the revision application be maintainable on the ground ofcommission of some jurisdictional error, no interference may be made .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
..... rule, and on such revocation he should have forthwith appointed such person as the chief minister.152. since in my opinion the governor did not act constitutionally by initiating serious and prompt discussions with the leaders of the major political parties soon after the election results, and did not write to the ..... legislature concentrates in itself the virtual control of both legislative and executive functions, and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them.'in the same decision it was also held that, ..... can enquire whether any material existed for the advice whether disclosed material is relevant for the advice whether reasonable man could, on the disclosed material act and conclude regarding satisfaction under article 356.79. however, while taking into consideration such privileged documents one thing is to be kept in mind that .....
Tag this Judgment!Court : Allahabad
Reported in : II(1996)DMC422
..... petition be rejected as not maintainable.17. mr. n.k. seth repelled the maintainability argument vehemently and referred to the provisions of hindu marriage act, family courts act and the notifications referred to hereinabove. he contended that the 'district court' includes any other civil court since order passed by a civil ..... over all courts and tribunals throughout the territories in relation to which it exercised jurisdiction. this jurisdiction cannot be limited or fettered by any act of the state legislature. the supervisory jurisdiction extended to keeping the subordinate tribunals within the limits of their authority and to seeking that they obey ..... chengalvaraya naidu (dead) v. jagannath (dead) reported in : air1994sc853 , kuldip singh, j. speaking for the court said as follows :'fraud avoids all judicial acts, acclesiastical or temporal 'observed chief justice edward coke of england about three centuries ago. it is the settled proposition of the law that a judgmentor decree obtained .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... reasonable way. we do not, therefore, agree with the submission that the notification either falls outside the object and policy of the statute or is discriminatory.' (underlining mine) 183. let us apply the principles underlining this authority to the facts of the case at hand.the question arise :(1) does the proviso to sub-section (1 ..... but the same should have nexus to the object sought to be achieved. with reference to the statement of objects and reasons of the aforesaid u.p. amending act (act no. 14 of 1992), it was recorded that maintenance of cinema permises is for providing better facility to the viewers. since maintenance is required irrespecti ve of ..... main ground for striking impugned proviso is, there is no justification for classification between the cinemas which were under some incentive schemes and other class of cinemas. by amending act (act no. 14 of 1992) in section 3-a in sub-section (i) relevant sub-para (a) was introduced under which an extra charge of twenty-five paise .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... . the cases referred to above relate to grant of leases, imposition of cess and royalty and collection of fee in respect of mineralrights under the mines and minerals (regulation and development) act.57. no doubt, these cases at the first sight support the contentions of learned counsel for the petitioner but on scrutiny of the relevant entries ..... on the legislative competence of the state legislature itself. 'subject to the provisions of list 1 the power of the state to enact legislation on the topic of 'mines and mineral development' is plenary. to the extent to which the union government had taken under 'its control' 'the regulation and development of minerals' under entry 54 ..... unconstitutional because that field is abstracted from the legislative competence of the state legislature : [1961]2scr537 and : [1964]4scr461 .55. in the case of bharat coking coal ltd. v. state of dinar (1990 (4) scc 337) (sic) it was held that in view of parliamentary declaration as made in section 2 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1986All132
..... transport officer, bareilly, ceased to hold any office under the said notification. if they exercised any power or function under that notification, they were acting as mere intruders or usurpers. this aspect is emphasised in paragraph 17 where their lordships observed :'.....we are concernd with the office that the judges purported ..... income tax (accuisition range), lucknow : [1977]107itr796(all) . in this case proceedings were initiated by the income-tax department under section 269c of the income-tax act. section 269d provided for a preliminary notice. sub-section (1) said : --(1) the competent authority shall initiate proceedings for the acquisition, under this chapter, ..... , bareilly, one of the 4 members of the transport authority, participated in the same without any authority of law; (2) the transport authority acted without jurisdiction in including a portion of the route between bhootpuri and jaspur in the permits of the petitioners and others without their making any application .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All314
..... of the parties in this petition a reference may be made in some further details to the statutory scheme concerning the transport of coal. section 27(1) of the railways act enjoins on the railway administration to arrange for receiving and forwarding traffic without unreasonable delay and without difficulty. section 27-a. confers ..... by article 227 of the constitution. this in my opinion deserves consideration. the broad features of the scheme underlying the act in this connection have already been outlined above. traffic in regard to sponsored coal is assigned higher priority 'c' in the preferential traffic schedule, but mere sponsoring at the state level by the ..... schedule formulated by the central government in exercise of the powers under section 27-a railways act. the director, movement accords sanction whereupon allotment of wagons is done from time to time, depending on the availability of coal and coal wagons.2. in october, 1977, the respondents 1 to 6 instituted original suit no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All234
..... clause (b) or clause (c) of article 39 was given by the constitution (twenty-fifth amendment) act, 1971 itself and secondly, because the sick textile undertakings (nationalisation) act had been enacted before the constitution (forty-second amendment) act, 1976.'the supreme court also expressed its doubts about the correctness of the decision in minerva mills case wherein ..... the language of article 31c to show an intention of retrospectivity.'39. as already pointed out, in the case of sanjeev coke mfg. co. v. bharat coking coal ltd. : [1983]1scr1000 , the supreme court, while commenting that in minerva mills' case the question with regard to the validity of extension of the protection given ..... 37. learned counsel for the respondents cited before us the decision of the supreme court in the case of sanjeev coke mfg. co. v. bharat coking coal ltd. : [1983]1scr1000 . in this case, the supreme court had on occasion to refer to the changes introduced under article 31c of the constitution by constitution .....
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 .....
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 .....
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