Court : Allahabad
Reported in : AIR1936All517; 163Ind.Cas.843
..... amount of light and air was actionable and could be restrained. in that case aikman, j., did not consider the effect of sections 33 and 35, easements act, upon the case before him. the moment he held that there had been an interference with the amount of light and air entering the opening in question he ..... there is an actionable interference with the [easement within the meaning of section 33 of the act and that has been so held in gajadbar v. kishori lal 1915 13 alj 385. in short to succeed in this case the plaintiff-appellant must show that ..... if the easement is actually disturbed when compensation for such disturbance might be recovered under this chapter, and (b) if the disturbance is only threatened or intended when the act threatened or intended must necessarily, if performed , disturb the easement. this section makes it clear that an injunction cannot be granted in the case of an actual interference unless .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All500
..... to the cane commissioner, the applicant has filed the application ouf of which this first appeal from order arises under sections 30 and 33 of the arbitration act.11. the basis of the applicant's contention that the entire arbitration proceedings were void rests upon the interpretation whieh the applicant wanted the court below to ..... the amount of the so-called award from the applicant through the collector, bareilly, as arrears of revenue under the co-operative society rules, although the said act and rules made thereunder i;ad no application to the applicant. the applicant, therefore, prayed that the so-called agreement for reference and the award dated 21st ..... matter to arbitration; neither there was any valid agreement in writing on the part of the applicant to refer the matter to arbitration as required by the arbitration act, and that, in any case, the reference being ab initio invalid and without any authority, the further proceedings before the arbitrator were also vitiated and being .....
Tag this Judgment!Court : Allahabad
Reported in : 1998ACJ721; AIR1998All1; (1997)2UPLBEC1344
..... again in favour of the principle of strict liability. the bhopal gas tragedy, the chernobyl nuclear disaster, the crude on spilt in 1988 on to the alaska coast line from the oil tanker exon valdez, and other similar incidents have shocked the conscience of people all over the world and have aroused thinkers to the dangers ..... the accident nor gave publicity to it as required by section 5. in my opinion this will also not affect the liability of the owner under the act, otherwise the act can be frustrated by the collector by simply not verifying the occurrence. in my opinion even if there is not verification of the occurrence by the ..... transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer or the like of such hazardous.17. owner has been defind in section 2(g) of 1991 act as follows :' 'owner' means a person who has control over handling any hazardous substance.'18. section 3(2) incorporates the principle of strict liability regarding accidents due to .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC595; (1999)IILLJ415All
..... contract with the employer. (6) notwithstanding anything contained in sub-section (1),-- (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or ..... or 'termination by retirement /resignation /death /disablement due to any accident or disease.'6.1. for convenience, the provisions of section 4 of the payment of gratuity act, 1972 are quoted below :'4. payment of gratuity.-- (1) gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous ..... petitioner has challenged the aforesaid order of the government on the ground that deduction from gratuity is permissible under section 4(6) of the payment of gratuity act, 1972 only in the case of termination of an employee whereas his services were not terminated by the government rather he retired from service on 31.5 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All3; (1991)2UPLBEC1353
..... direction, the state government does not seem to have laid down any instruction in consonance with the directive of the supreme court. therefore, the state government is directed to act on the direction of the supreme court in dr. ambesh kumar's case, air 1987 sc 400 (supra) in respect of filling up of the vacant seats by ..... has formulated the following points for consideration of the court :--1) that there is no rule framed u/ s. 28(5) of the u.p. state universities act which would create bar for general class category and make relaxation in respect of schedule caste and schedule tribe candidates in respect of admission procedure to the post-graduate and ..... -90 for the purposes of admission in post-graduate degree and diploma courses. this regulation is said to have been issued u/s. 28(5) of the universities act. this notification also does not contain any clause to the effect that general category candidates are required to secure 50% marks for admission to the post-graduate and diploma .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1083; [1999(81)FLR914]; (1999)IILLJ211All
..... the amount of gratuity so determined, as visualised by sub-section (2) of section 7 of the act. it further failed to arrange the payment of gratuity within thirty days from the date it became payable to the petitioner. the deposit of the amount with the appellate ..... pay interest once it isestablished that the employer has failed to discharge the obligation cast upon it by sub-sections (2) and (3) of section 7 of the act. in the instant case, the employer failed to determine the amount of gratuity and give notice in writing to the petitioner and also to the controlling authority specifying ..... the employer was not liable to pay interest after 17.3.1993. the submission made by the learnedcounsel cannot be countenanced. sub-section (2) of section 7 of the act of 1972 provides that as soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, 'determine .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All486
..... of the date of the application. in fact, there-fore, the expression 'whichever is longer' was really intended to mean 'whichever expires later'.13. the companies act of 1913 as it was originally enacted applied to all kinds of companies, including banking companies. till the year 1936 there was no legislation applicable especially to banking ..... the three appellants in support of the appeals now before us relates to limitation. it is urged that the application under section 235 of the indian companies act having been filedmore than three years after the first appointment of the liquidator and also more than three years after the dates of the alleged misfeasance,misapplication ..... satisfied. others, however, remained outstanding. on the 1st of august, 1949, a creditor sri sitla prasad singh filed an application under section 163 of the companies act of 1913 praying for the winding up of the company. the application was, allowed on the 17th of february, 1950, and on the same date the official .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All16
..... who is injured whilst voluntarily assisting the servants in their work. the passage in the judgment of that case on which reliance is placed is as follows:some acts are absolutely and intrinsically wrong, where they directly and necessarily do an injury, as a blow, others only so from their probable consequence. there is no absolute ..... recklessness or indifference as to the consequences. criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has ..... bad because, in the opinion of the learned counsel, the prosecution appeared to have been instituted without the consent mentioned in section 270 (1), government of india act of 1935. no such point was raised in either of the courts below. no ground raising this question was taken in the petition for revision. the point was .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC104
..... but before attaining the age of eighteen years. explanation.--this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976).' 11. the conditions laid down by the legislature is required to be proved by the persons who presents the petition for dissolution of ..... the dissolution of her marriage by a decree of divorce on the ground : (i) in the case of any marriage solemnized before the commencement of this act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the ..... marriage, and its grammatical variations and cognate expressions shall be construed accordingly. (***) (1a) either party to a marriage, whether solemnized before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground : (i) that there has been no resumption of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All35
..... a general charitable intent as, according to him, the wakf in question does. the argument ignores that essential characteristic of wakfs governed by the mussalman wakf validating act of 1913 which i have emphasized above and it is untenable both on principle and on authority.11. firstly, it is not correct to say that when ..... the ultimate recipient of the benefaction. the reservation of ultimate benefit for any such object imparts to a disposition of property the character of a wakf under the act and exercises a validating influence upon the disposition, in spite of the remoteness of the benefit or its problematical nature.10. what happens, then, if an intermediate ..... descendants and ultimately for the benefit of the poor or for other religious, pious, or charitable purposes.this was the historical background of the mussalman wakf validating act of 1913 and it was summed up by the privy council in beli ram and brothers v. chaudri mohammad afzal in the following words :'before the passing of .....
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