Judgment Search Results Home > Cases Phrase: deposit pre contract Court: allahabad Page 95 of about 1,561 results (0.056 seconds)

Bhawani Prasad Vs. Smt. Surendra Bala W/O Subodh Chandra and anr.

Court : Allahabad

Reported in : AIR1960All126

..... for the appellant was that the case cited by the learned court below and the cases, which follow that case were cases where the will in question was the result of some sort of a contract and the mutual devices in favour of the husband by the wife and in favour of the wife by the husband were the result of a reciprocal arrangement; and the contention was that in the present case there ..... my husband aforesaid without the knowledge of his own brother pandit bhawani prasad mentioned above executed another will cancelling the will aforesaid, with respect to the house mentioned above and the cash deposited in the co-operative bank, janauli and the jwala bank, firozabad dated 15th november and registered on 17th november, 1941 exhibit no. ..... reasons we the executants desire that after our death the said persons should enter in possession of our movable and immovable property of every description together with the house mentionedabove and the cash deposited in the banks and of all sorts of property -- movable and immovable which exists now or may come into existence in future. ..... pyari were concerned, but that it remained effective so far as the dispositions made by pandit kuar lal in respect of his share in the deposits standing in his and in his wife's names in the cooperative bank, jarauli, and in the jwala bank are concerned. 29. ..... there is nothing to indicate that there was any sort of pre-arrangement that if the husband did what he is shown to have done, the wife would do likewise, and vice .....

Randhir Singh and anr. Vs. Randhir Singh and ors.

Court : Allahabad

Reported in : AIR1937All665

..... the defendants had said was that they would not take the sale deed unless and until the exchange also were to accompany it, in order that they might successfully defeat any claim of pre-emption and that no sale would have been effected if the contract for exchange also were not agreed upon. ..... the small share should pass to the vendees in lieu of the small share transferred by the vendees to the vendors, then even though the professed object of the transaction was to defeat the plaintiff's right of pre-emption, the vendees would acquire rights there-under and become co-sharers so as to be placed on the same footing as the plaintiff. ..... , the finding were that the transfers of the two properties under the deed of exchange were not intended to be genuine and were really fictitious and unreal, then the plaintiff's right to claim pre-emption of the property covered by the deed of sale would be decreed, whereas the claim to pre-empt the property covered by the deed of exchange would fall to the ground. ..... it therefore follows that the vendees have fulfilled the requirements of section 20, agra pre-emption act, by having prior to the institution of the suit acquired an indefeasible interest in the mahal by virtue of this deed of exchange, assuming that this was a genuine and ..... has not recorded any finding, considering that the question was immaterial, but he is not inclined to attach any importance to the evidence as he has remarked that the witnesses have made some muddle in their depositions. .....

Suresh Chandra Vs. Vice Chairman, Ghaziabad Development Authority

Court : Allahabad

Reported in : (2004)3UPLBEC2470

r.b. misra, j.1. heard sri manoj kumar sharma, learneed counsel for the petitioner and sri h.r. mishra, learneed counsel for the respondent, ghaziabad development authority. 2. in this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/ghaziabad development authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class iv category i.e., to the post of peon or security guard and for payment of arrears of salary in the regular pay scale like other employees since the month of march, 1994.3. brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. he filed writ petition no. 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the government order dated 21.10.1989 claiming that some juniors to him stood regularised.4. according to the petitioner the respondent had stopped the petitioner from putting his signatures and have withheld his salary, however the above writ petition was disposed of by this court on 7.10.1998 (annexure-8 to the writ petition) directing the vice-chairman, ghaziabad development authority (in short called as 'authority' hereinafter) to decide the representation, of the petitioner. consequently, the petitioner's representation was considered and decided by a .....

D.C.M. Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(3)AWC1881; [2002(95)FLR960]

..... the workman in the case was that the striking off his name from the rolls of the company would entail termination of his services which in turn tantamount to retrenchment but pre-requisites of retrenchment as contained in the industrial disputes act, 1947, were not complied with and, therefore, he claimed reinstatement with unbroken continuity in service and back wages. ..... of a workman for any reason whatsoever, otherwise than as punishment inflicted by way of disciplinary action, but hoes not include : (i) voluntary retirement of the workman ; or(ii) retirement of the workmen on reaching the age of superannuation if the contract of employment between the employer and workman concerned contains a stipulation in that behalf. ..... arbitrariness is an antithesis to rule of law, equity, fair play and justice - contract of employment there may be but it cannot be devoid of the basic principles of the ..... what was held in this case was that the present was a case of termination of service/ retrenchment of the petitioner which was an act carried out without observing the pre-requisites of a valid termination/ retrenchment contemplated under section 25f of the central act or section 6n of the u. p. ..... held that termination in the case would constitute retrenchment and for not complying with pre-conditions to valid retrenchment, the order of termination would be illegal and invalid. ..... there was further direction to deposit the unpaid wages within six weeks and the respondent was accorded the liberty to .....

M/S. Uniword Telecom Ltd. and Another Vs. State of U.P. and Others

Court : Allahabad

..... instead of relinquishing his security and proving his debt under proviso to subsection (1) of section 529 of the companies act, 1956 (1 of 1956), may retain the sale proceeds of his secured assets after depositing the workmen's dues with the liquidator in accordance with the provisions of section 529a of that act: provided also that the liquidator referred to in the second proviso shall intimate the secured creditors the ..... . section 37 did not merely stop by making the provisions of the srfaesi act, 2002 in addition and to not in derogation of the companies act, 1956, the securities contracts (regulation) act, 1956, the securities and exchange board of act, 1992 and the rddbfi act, 1993, but also contained an additional (perhaps unnecessary) expression "or any other law for the ..... of workmen's dues under that section to the secured creditor and in such case the secured creditor may retain the sale proceeds of the secured assets after depositing the amount of such estimated dues with the liquidator: provided also that in case the secured creditor deposits the estimated amount of workmen's dues, such creditor shall be liable to pay the balance of the workmen's dues or entitled to receive the excess ..... ." in view of the foregoing discussion, the pre-ponderence of the authorities of different high court including the view taken by orissa high court as noted above is that if a reference under section 15 of the act, 1985 remains pending even if it is at the stage of sections 16, .....

Zuari Estate Development and Investment Co. (P) Ltd. Vs. J.R. Kanekar, ...

Court : Allahabad

Reported in : (2004)191CTR(All)189

..... ; (3) option exercised by the purchaser is merely to complete formalities to sell, it does not amount to an agreement to sell for the following reasons, namely, that for a valid agreement under section 53a it must be signed by the transferor, rt should be a contract for consideration, should be in writing and the transferor should deliver possession subsequent to the agreement for sale. ..... the learned counsel then points out that in view of the amendment to section 2(47) of the it act, introducing clause (v), any transaction involving the allowing of possession of any immovable property to be taken or retained in part performance of contract under section 53a of the transfer of property act and in view of option exercised by the bank of maharashtra by letter dt. ..... two sub-clauses were added, namely, (v) and (vi) of which sub-clause (v) reads as under :'(v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882).'14. ..... 85,40,800 plus reimbursement of non-refundable deposits, transfer fees, etc. ..... it is then submitted that the'position of law pre-1988 and post-1988 is the same qua the fact that there cannot be a change in the opinion on the same facts irrespective of whether an assessment is made under section 143(1) or otherwise. .....

Modi Industries Ltd. Vs. U.P. State Electricity Board

Court : Allahabad

Reported in : [2005]62SCL11(All)

..... where any such scheme is sanctioned thereunder, for due implementation of the scheme, the board may by order declare with respect to the sick industrial company concerned that the operation of all or any of the contracts, assurances of property, agreements, settlements, awards, standing orders or other instruments in force, to which such sick industrial company is a party or which may be applicable to such sick industrial company immediately before the ..... taken from the board in view of the dictum of the aforesaid judgment whereas counsel for respondents sri abhishek sinha has tried to persuade that the obligation under the contract has to be fulfilled by the industry which obligation has been kept intact and has not been disturbed even by the apex court in the aforesaid case.8. ..... does not protect a sick declared company under the provisions of sick companies act from discharging its legal obligation under the contract nor it protects the obligation with respect to the payment of electricity dues for the electricity consumed after passing of the ..... section 22 of the sick industrial companies act deals and explains the effect and impact of any contract, assurances, agreements, settlements, awards, standing orders or other instruments in force, to which such industrial company is a party or which may be applicable to such sick industrial company immediately before the ..... minimum consumption guarantee charges in which they were depositing certain amount of instalment as per the interim ..... pre .....

M/S. Modern Rice Mill Vs. Mvvnl and Another

Court : Allahabad

..... vii) any person served with the order of provisional assessment, may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon ..... (4) any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order ..... further contended that connected load is different from contracted load but the assessment authority has taken into consideration the contracted load and not the connected load. ..... fixed 20.11.2007 when petitioner again sought adjournment vide letter dated 20.11.2007 on the ground of illness whereupon ee rejected request of adjournment and made final assessment rejecting petitioner's objection, observing, that he should deposit balance amount of assessment without any further delay. 15. ..... appeal shall be entertained by the appellate authority unless the person deposits one third of the amount assessed by the assessing officer, with the licensee and encloses documentary evidence of such deposit with the appeal. ..... provided that in case the person deposits the assessed amount, he shall not be subjected to any further liability or any action by ..... (hereinafter referred to as 'upseb') for supply of electrical load of 45 kilo watt (60 horse power) which is known as "contracted load" under the statute. ..... bare and simple non speaking pre determined kind of order has been .....

Prakash Pottery Industries, Chunar Vs. the District Magistrate, Mirzap ...

Court : Allahabad

Reported in : AIR1972All97

..... pledge in favour of the state government, the corporation, a government company, the state bank of india or any other scheduled bank; or(b) be construed to bar a suit or affect any other right or remedy against any other person in respect of a contract of indemnity or guarantee entered into in relation to an agreement referred to in sub-section (1) ..... . : air1959sc648 the supreme court, referring to the first two clauses of article 13, observed: 'under clause (1), a pre-constitution law subsists except to the extent of its inconsistency with the provisions of part iii; whereas, no post-constitution law can be made contravening the provisions of part iii, and therefore the law, to ..... the same effect is the view taken in madras deposit and benefit society v ..... .'the supreme court considered the consequences of an amendment on pre-constitution and post-constitution laws in the light of clauses (1) and (2) of article 13, and said:'by the first clause the constitution recognises the existence of certain operating laws and they are declared void, to the ..... time to time, the supreme court has been called upon to decide cases in which the validity of pre-constitution and post-constitution laws was assailed ..... . therefore in the case of the pre-constitution laws what an amendment in the constitution does is to remove the shadow cast on it ..... . in the case of pre-constitution laws it has consistently taken the position that they are not void ab initio but are rendered void only with effect from the commencement .....

Anglo-french Drug Co. (Eastern) Ltd. Vs. Presiding Officer, Labour Cou ...

Court : Allahabad

Reported in : (2004)IIILLJ324All; (2004)2UPLBEC1577

..... . however, that was a case where the provisions of the contract labour (regularisation and appeals) act, 1970, were involved.33 ..... . in his deposition before the labour court, an officer of the company, shri p. d ..... it is the pre-dominant nature of the services that will be the true and proper test .......... .....