Court : Allahabad
Reported in : AIR1978All490
..... (supra).10. the matter can be looked into from another aspect. the u. p. excise act was amended by amendment act 6 of the 1972 whereby a new chapter vi-a containing section 37-a was inserted. the newly added chapter vi-a contains special provisions regarding prohibitions whereas section 37-a deals with prohibition of import, export, ..... the wife's solicitors on the previous afternoon, this constituted lodgment of the notice for the purposes of rule 40 (2) of the matrimonial causes rules, 1957, which provided that on the filing of such a notice the decree nisi should become absolute. at 10 a.m. the district registry filed the notice of ..... sections 1 to 74. reliance was placed on section 75 in this behalf which reads:--'75. exception of medicated articles :-- nothing in the foregoing provisions of this act applies to the import, manufacture, possession, sale or supply of any bona fide medicated article for medicinal purposes by medical practitioners, chemists, druggists, apothecaries or keepers .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All92
..... with u. p. minor minerals (concession) rules, 1963, (hereinafter referred to as rules), framed under the mines and minerals (regulation and development) act, 1957 (act no. 67 of 1957) (hereinafter referred to as 'the central act').5. the petitioner filed an objection dated 17-2-1964 to the collector against the terms contained in the proposed lease. he also filed a ..... lessor on the working of the property leased, or otherwise on the profits of the grant or lease, the word is specially used in reference to mines, patents and copyrights'.21. 'dead rent', however, is a rent payable whether mines be worked or not. in halsbury's laws of england, vol. 26, third edition, pages 430 and ..... not be affected by the vesting of estates. clause (a) of section 7 with which we are concerned in the present case, provides that nothing contained in this chapter shall in any way affect the right of any person to continue to work any mines comprised in any estate hereinbefore acquired by the state. section 7 (a) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All42
..... the mere keeping of section 99-a in part vii is not a circumstance helping the defendant-appellant in advancing his submission. if we look more closely at the chapter, we find that reasons are manifold to reject the submission. if the intention was as suggested by the counsel by insertion of section 99-a, to keep the ..... the right of appeal was matter of substantive right and not merely of procedure came up for decision before the supreme court in garikapati v. subbiah choudhry (air 1957 sc 540). after discussing the cases decided by various courts, the supreme court found amongst others, the following principles which emerged from those decisions.(1) the right ..... same time that the gold-den rule of construction is that, in the absence of anything in the enactment to show that law should have retrospective operation, an act should be construed so as to apply prospectively. these propositions are, however, subject to the control by the legislature. the legislature can enact a law taking away .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All200
..... therein. to me, it appears difficult to hold that an author will have no right or remedy unless the work was registered. the provisions of the copyright act, 1957 do not call for such an interpretation.23. this case has been referred in both the decisions of madras and calcutta high courts. both the courts could ..... infringed. section 55 provides the remedies for infringement of copyright. reading these sections together, one would ..... and 17 which confer and recognise the copyright do not lay down any condition for the infringement of which registration is mandatory.19. chapter xi deals with infringement of copyright. in this respect, reference may be made to section 51 of the act which lists the various grounds on which copyright in a work shall be deemed to be .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD536(NULL)
..... income or any monies or other lassets which have not been or which ought to be disclosed by the transferee for the puposes of the 1961 act or the wealth-tax act, 1957. as pointe out by the honble calcuttal high court in the case of lalita jabbar (supra), the satisfaction of the competent authority for the pruposes ..... madhu sahai.4. shri s. k. garg, chartered accountant of the society raised a preliminary objection to the maintainability of the acquisition proceedings on the ground that chapter xxa of the act was ultra vires the constitution of india. he pointed out that two writ petition; in this regard were also pending before the supreme court - p. shantha ..... those grounds, the other grounds having been rendered thereby as unnecessary and academic.13. section 269c(1) provides that the proceedings for the acquisition of property under chapter xx-a can be initiated by the competent authority if he has reason to beleive that any immovable property of a fair market value exceeding rs. 25,000 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All209
..... the declaration under sub-section (1) of this, section or the order of the special judge referred to in sub-section (2) shall be excluded.' 9. the act including the chapter iii which incorporates sections 4 and 7 also came into force on april 30, 1935. the preliminary decree having been passed on december 22, 1928 and the period specified ..... include a mortgagee or a the kadar section 4 (1) in so far as relevant says: 'at any time within one year after the date on which this chapter comes into force any landlord who is subject to or whose immovable property or any part thereof is encumbered with private debts, may make an application in writing to the ..... rs. 20,000/-. the preliminary decree dated 22-12-1928 was also obtained by him under assignment dated november 28, 1957 from the decree-holder. the application under section 4 of the u. p. encumbered estates act, 1934 (hereinafter referred to as the act) was rejected on february 21, 1959. the application made under order 34, rule 5 (3) c. p. c .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All32
..... to 14 refer to improper reception of votes. the points raised in these paragraphs are that the counting staff was appointed in disregard of mandate as contained in chapter xiv of hand book for returning officers and the counting did not start on the scheduled time. it has not been pleaded that what provisions of the mandate ..... of the petitioner were illegally rejected. some valid votes were improperly rejected. the respondent 1 got printed dummy ballot papers against the mandate contained in para 13 of chapter 11 of arrangement for poll of hand book of returning officers. the respondent 1 comitted corrupt practices in distributing the pamphlets with a view to create hatred against ..... that it did not disclose any cause of action, and the dismissal would be one on merits under section 98 of the act. it was held in the case of harish chandra v. triloki singh, air 1957 sc 444 that the expression 'trial' meant the entire proceedings before the tribunal from the time when the petition is transferred .....
Tag this Judgment!Court : Allahabad
Reported in : [1991(62)FLR24]; (1995)IIILLJ723All; (1991)1UPLBEC163
..... , unless there is discharge of surplus labour or staff in a continuing or running industry.'14. after the above decision, the legislature amended the act by act no. xviii of 1957 by substituting section 25-ff and 25f for the previous section 25f but the definition of 'retrenchment' was untouched.15. in anakappala co-operative ..... registrar, co-operative societies and ors. 1983 u.p.l.b.e.c. 456, wherein also it was held that the right under chapter v-a. of the industrial disputes act which contains section 25f can be enforced either under section 33c or by raising an industrial dispute.46. the supreme court speaking through krishna iyer ..... they have to be understood in their true perspective before elucidating the definition of retrenchment.13. in pipraich sugar mills ltd. v. pipraich sugar mills mazdoor union 1957 (1) llj 235 the supreme court considered the ordinary meaning of the words 'retrenchment' and observed that:'retrenchment connotes in its ordinary acceptation that the business .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All298; (1992)2UPLBEC1435
..... undivided responsibility for all academic matters. it has a duty to make all arrangements for the conduct of examinations in such a manner as may be prescribed by the act or regulations. chapter 53 of the regulations prescribes the procedure for enquiry and punishment. in terms of regulation 53.4(d) no student can use unfair means at any of the ..... authority. before awarding punishment under regulation 53.6(d), (e) and (f) a student can be suspended from attending classes pending enquiry. under regulation 57.21.5 in chapter 57 of the regulations a committee appointed by the vice-chancellor has the power to enquire into the cases of attempt at unfair means in the examination. it has to ..... of bias or probability of bias. in the case of manak lal advocate v. dr. prem chand singhvi, reported in air 1957 sc 425 the supreme court was considering the case arising out of the bar councils act. it was observed that the test is not whether in fact a bias has affected the judgment, the test always is and .....
Tag this Judgment!Court : Allahabad
Reported in : [1993]202ITR405(All)
..... property, air 1961 sc 1316. it was observed as follows (at page 1318) :'the rules of evidence pertaining to burden of proof are embodied in chapter vii of the evidence act. the phrase 'burden of proof has two meanings--one the burden of proof as a matter of law and pleading and the other the burden of establishing ..... the reference is not legally maintainable since the questions which have been referred by the tribunal are questions of fact. in sree meenakshi mills ltd. v. cit : [1957]31itr28(sc) , to which our attention has been drawn by learned counsel, various authorities on the subject were reviewed and the position that emerged from the authorities was ..... be imposed on an assessee under section 271(1)(c) if the income-tax officer or the appellate assistant commissioner in the course of any proceeding under the act is satisfied that any person has concealed the particulars of his income or furnished inaccurate particulars of such income. in 1964, an explanation was added to sub-section .....
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