Skip to content


Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxix miscellaneous Court: allahabad Page 1 of about 20 results (0.029 seconds)

May 17 2005 (HC)

Kedar Nath Yadav Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(3)ESC1955

..... the court not be inconsistent with the view that the accused has been guilty of negligence in, or unfitness for, the discharge of his duty within the meaning of section 7 of the police act, the superintendent of police may refer the matter to the deputy inspector general and ask for permission to try the accused departmentally for such negligence or unfitness.'15. ..... rule, which can be pointed out in the 1991 rules, which occupies the same field as a regulation in chapter-xxxii, then we have no doubt in our mind that the later rules will substitute the old regulations.29. ..... -rule (1) punishments in cases referred to in sub-rule (2) of rule 5 may be imposed after informing the police officer in writing of the action proposed to be taken against him and of the imputations of act or omission on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal. ..... set out either section 2 or section 7 or section 46 of the police act under which the power has been exercised in regard to framing of the chapter-xxxii of the regulations as well as the 1991 rules. ..... judgment of an hon'ble single judge given in the case of shiv lal yadav in civil miscellaneous writ petition no. ..... bill, air 1958 sc 956 was relied upon by them and paragraph 19 of the said judgment was placed before us to show that the preamble of an act (and therefore of a set of rules) is a guide and is a very good guide to legislative policy and intent. .....

Tag this Judgment!

Sep 26 2002 (HC)

Syed Mohd. Asif Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR2003All43

..... act, 1860, the governing body whereof consists, under the rules or regulations of the society, wholly of public officers or nominees of the state government or ..... on behalf of the state government, and includes any premises belonging to or taken on lease by or on behalf of-- (i) any company as defined in section 3 of the companies act, 1956, in which not less than fifty-one per cent of the paid-up share capital is held by the state government; or(ii) any local authority; or(iii) any corporation (not being a company as defined in section 3 of the companies act, 1956 or a local authority) owned or controlled by the state government; or(iv) any society registered under the societies registration ..... chapter viii contains the heading supplemental and miscellaneous ..... 'the 1973 act provides for constitution of development authority for any development area as declared by state government under section 3, chapter iii provides for master plan ..... 119, section 191, sections 316, 317, 318, 319, 320, 322, 323, 324, 325, 326, 327, 328, 329 and 333, clauses (a) and (b) of sub-section (1) of section 394, sections 335, 336, chapter xiv of the uttar pradesh (u.p. ..... chapter v provides .....

Tag this Judgment!

Dec 31 1969 (HC)

Sarju Prasad and anr. Vs. Sita Ram

Court : Allahabad

Reported in : (1888)ILR10All71

..... applicable to the trial of original suits as is reasonably possible; and section 647 of the civil procedure code contemplates the adoption by the courts, as far as may be applicable, of the formalities of procedure, so that in the transaction of their miscellaneous business they may have certain well-understood landmarks--if i may so call them-to guide them in the conduct of that branch of their judicial work. ..... say that it seems to me that, upon general principles, all rules of procedure or adjective law which provide pleas in bar to the action are rules of convenience which should be applicable as much to all miscellaneous proceedings (be they in the nature of applications for execution or any other class of applications) as they are applicable to regular suits. ..... and i have to consider whether, having regard to what took place in respect of the application of the 14th february 1881, we can adopt and act upon and we ought to adopt and act upon the provisions contained in sections 373 and 374 of the civil procedure code; because if those provisions are applicable to this case, then undoubtedly the courts below were wrong in ..... one who has acted as a court of first instance in the mufassal for some time, i have applied the provisions contained in that chapter to proceedings in ..... the plea of res judicata: it is based upon the maxim 'nemo debet bis vexari pro una et eadem causa,' which is a maxim of wider application and has application to regular as well as miscellaneous proceedings. .....

Tag this Judgment!

Nov 08 2013 (HC)

Nawab S. Kazim Ali Khan Vs. State of U.P. and Others

Court : Allahabad

..... 64 deals with removal of mutawalli and clearly proceeds to mention that the board has been empowered to remove a mutawalli from the office if he (i) has been convicted more than once of an offence punishable under section 61 of the act ; or (ii) has been convicted of any offence of criminal breach of trust, or any other offence involving moral turpitude, or (iii) is of unsound mind or is suffering from other mental or physical defect or infirmity, or (iv) is an undischarged insolvent or (v) is proved to ..... exercising its powers under this clause; (f) to scrutinise and approve the budgets submitted by muta- wallis and to arrange for the auditing of account of wakfs; (g) to appoint and remove mutawallis in accordance with the provisions of this act; (h) to take measures for the recovery of lost properties of any wakf; (i) to institute and defend suits and proceedings relating to wakfs; (j) to sanction any transfer of immovable property of a wakf by way of sale, gift, mortgage, ..... nandan, senior advocate opened his argument by contending that entire proceedings which are being so undertaken pursuant to show cause notice dated 12.09.2013 are totally without jurisdiction for the simple reason that authority to take action against mutawali has been conferred upon the board constituted under waqf act 1995 and in view of this chairman of the board unilaterally has got no authority to initiate proceeding as has been sought to ..... under waqf act 1995, chapter iv deals with establishment .....

Tag this Judgment!

Oct 07 2010 (HC)

Shekhar Tiwari and Others. Vs. State of U.P. and Others

Court : Allahabad

..... when the crime has been committed in the course of some transaction for which all the accused could be jointly charged and tried together as provided under section 8 (i) of the act read with section 223 crpc dealing with the principle of joint trial while in the case in hand all the accused persons have been charged and tried jointly by the learned trial ..... it shall transfer such case to such special court, and thereupon such case shall be tried and disposed of by the special court in accordance with the provisions of this act: provided that it shall be lawful for the special court to act on the evidence, if any, recorded by the court in the case in the presence of the accused before the transfer of the case under this section: provided further ..... it may be pointed out that the afore-captioned writ petitions were initially registered in the category of miscellaneous single and were heard by learned single judge, who came to the conclusion that looking to the circumstances and the orders passed by the division bench as well as single judge, ..... group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion, or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in antisocial activities, namely: (i) offences punishable under chapter xvi, or chapter xvii, or chapter xxii of the indian penal code (act no. .....

Tag this Judgment!

Dec 01 2006 (HC)

Jaipal Singh Mittal S/O Late Mangal JaIn Vs. State of U.P. and Arvind ...

Court : Allahabad

Reported in : I(2007)DMC697

..... his contention was that the deceased has committed suicide and therefore, section 113a of the evidence act should be implanted instead of section 113b whereas learned counsel for the applicant had argued that since the death was caused by hanging section 113b has to be put forth in the case. ..... nai mandi, district muzaffar nagar who was granted bail by the in-charge sessions judge muzaffarnagar on 18.5.2006 vide criminal miscellaneous bail application no. ..... first of all the bail application of father-in-law om prakash @ omprakash gupta being criminal miscellaneous bail application no. ..... (2) a high court or court of session may direct that any person who has been released on bail under this chapter be arrested and commit him to custody.7. ..... at this stage, any observation made by this court regarding applicability of section 113a and 113b of the evidence act will definitely prejudice the case of either side. ..... he further submitted that in this case section 113a of the evidence act has to be applied and not section 113b. ..... chapter xxxiii cr.p.c. ..... act, p.s. ..... act and it cannot be said that the husband is not guilty of the offences charge with prima facie.16. ..... act. ..... act. ..... act at 12.40 a.m. ..... act, p.s. .....

Tag this Judgment!

Oct 15 1997 (HC)

Satya NaraIn Kapoor Vs. State of U.P. and Others

Court : Allahabad

Reported in : 1998(1)AWC1b; (1998)1UPLBEC114

..... it is giving rise to large combines of capital with muscle, taking the cloak of juristic personalities veiled as incorporated building societies and companies, paying 'freehold' charges 'benami' on behalf of holders of nazul estates, or by syndicates of fragmented nazul estates in property deals, thereby destroying the character and planning of towns and cities. ..... section 7 of the directions is under the chapter miscellaneous. ..... in reference to nazul properties regarding its concepts and making grants of such properties :chapter xviinazul the local boards keep on paying into government treasury various amounts to this account. ..... what escheated to the state by annexation of estates being rendered heirless, passes into the realm of eminent domain of sovereignty and the continuance of possession of such properties by the state is guaranteed under chapter iii of the constitution, under articles 294, 295 and particularly, 296. ..... such properties, that is, of which grants could be made, the government grants act, 1895, has five attributes on the basis or which dispositions were made or can be made for transferring the possession of land whether by lease or licence, as the case may be. ..... what is referred to in appendix xxix is itself important. ..... appendix xxix is a circular order of the sudder board of revenue, dated may 20, 1845. ..... xxix (vide paragraph 334) circular order of the sudder board of revenue dated may 20, 1845).53. ..... xxix. .....

Tag this Judgment!

Aug 31 2001 (HC)

Atique Ahmed and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002CriLJ132

..... reserved for the police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised in strict compliance with the provisions falling under chapter xii of the code and the courts are not justified in obliterating the track of investigation when the investigating agencies are well within their legal bounds as aforementioned. ..... under sections 147, 148, 149, 352, 386, 504, 506, 423, 365, ipc section 7 criminal law amendment act, section 2/3 the uttar pradesh gangsters and antl social activities (prevention) act, 1986 and section 3(1) of sc/st act of police station shahganj, district allahabad (ill) to issue a suitable writ or writs, order or direction including a writ in the nature of mandamus commanding the respondents not to attach the property of the petitioner under section 14 of ..... (iv) to issue a writ order or direction in the nature of mandamus commanding the opposite parties directing them not to indulge in any act of harassment of the petitioner and his family members by resorting to illegal and unlawful attachment of the properties of the petitioner and to ensure proper safety and security to the petitioner and his ..... 2001 under sections 147, 148, 149, 352, 386, 504, 506, 323, 365, ipc and section 7 criminal law amendment act and 2/3 uttar pradesh gangster and prevention of anti social activities act and 3(1) sc/st act, police station shahganj, allahabad may kindly be stayed.2.2 in criminal misc. .....

Tag this Judgment!

Dec 18 2003 (HC)

Brij Lal Patel Vs. U.P. State Agro Industrial Corporation and anr.

Court : Allahabad

Reported in : AIR2004All178

..... ]chapter vi deals with miscellaneous parts of 'act' and section 49 deals with general powers of the bar council of india to make rules and the relevant part is provided as below :--section 49(1)(g) : the restrictions in the matter of practice to which senior advocates shall be subject;under the powers provided under rule 16(3) and 49(1)(g) of act and part vi of bar council of india rules deals with the rule governing advocates and chapter i deals with the ..... (f) a senior advocate may in recognition of the services rendered by an advocate in part ii of the state roll appearing in any matter pay him a fee which he considers reasonable.chapter ii of part vi of bar council of india rules deals with the standards of professional conduct and etiquette comprising of section 1 duty to the court, section ii--duty to the client, section iii duty to opponent, section iv ..... definitions -- (1) in this act, unless the context otherwise requires,--(a) 'advocate' means an advocate entered in any roll under the provisions of this act;chapter iii of 'act' deals with admission and enrolment of advocates ..... -- notwithstanding anything contained in this chapter, any court, authority or person may permit any person, not enrolled as an advocate under this act, to appear before it or ..... senior advocates shall have pre-audience over other advocates, and(ii) the right of pre-audience of senior advocates inter se shall be determined by their respective seniority.chapter iv of 'act' deals with right to practice.'29. .....

Tag this Judgment!

Mar 18 1952 (HC)

Buddhu Vs. Municipal Board and ors.

Court : Allahabad

Reported in : AIR1952All753

..... but the further provision of the impugned bye-law that nobody is to slaughter these animals in any other place goes against the spirit and implication of section 237 of the act, as it prohibits a person from slaughtering such animals at any place within the municipality, while such a prohibition under section 237 (3) comes into existence only when the board ..... application be made within six months from such date, except on the ground that the place where the market or shop is established fails to comply with any conditions prescribed by, or under this act, or '(b) cancel, suspend or refuse to renew any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence ..... the objection of the advocate general that the applicants had not exhausted other avenues of redress open to them under the motor vehicles act pointed out at page 290 that no regular orders had been passed by the regional transport authority and it was impossible for the ..... paid for house-scavenging or the cleansing of latrines and privies under section 196(c) or for any other municipal service or undertaking or to be paid under section 293 (1) or section 294 of the act, and prescribing the times at which such charges or fees shall be payable, and designating the persons authorised to receive payment thereof. ..... miscellaneous ..... chapters vii and viii, therefore, limit the scope of the expression 'health, safety and convenience' used in section 298(1) of the act .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //