Court : Allahabad
..... applying the principle as laid down by the apex court followed by this court in various judgment it appears that revisional court has proceeded on an assumption that the amendment sought by the petitioner is ipso facto barred by the law of limitation and amounts to introduction of different relief than what the plaintiff had asked for in the original suit. ..... is that court should try the merits of the case that come before them and should, consequently, allow all the amendments that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side. ..... a careful perusal of the judgment of the trial court as well as the revisional court shows that amendment was allowed by the trial court keeping in mind that pleadings are on record and only relief part is to be amended and in case amendment sought is refused it would be result in grave injustice to the plaintiffs and further would be appropriate for adjudication of suit between the parties and would avoid multiplicity of the proceedings and will give substantial justice to both ..... she further submits that period of limitation provided under article 47 of the act is to be strictly applied in the present case and amendment sought being beyond period of three years could not have been allowed by court below . ..... electricity board and ors. ..... electricity board and others; 2008(3) awc 2384 (sc) ashutosh chaturvedi vs. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC909
..... by the writ petition, the petitioner had prayed for quashing the order dated 18.10.2007, passed by the joint director of education returning the proposal of the petitioner's promotion as lecturer hindi on the ground that the petitioner having not ..... however, the words were clear, there is no obscurity, there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to innovate or take upon itself the task of amending or altering the statutory provisions. ..... counsel for the applicant and learned standing counsel representing the respondents.this is an application seeking review/ recall of the judgement and order dated 13.11.2007 by which the writ petition filed by the petitioner was dismissed.2. ..... spooner, courts cannot aid the legislatures' defective phrasing of an act, we cannot add or mend, and by construction make up deficiencies which are ..... patel reported in 1985 (2) slr 576 has laid down that where there is an express mention of certain things in the act or rules, then anything not mentioned is excluded. ..... not entitled to read words into an act of parliament unless clear reason for it is to be found within the four corners of the act itself. ..... contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so. ..... intermediate education act, 1921 provides qualifications for appointment on the post of lecturer hindi to teach classes xi and xii and for the post of assistant teacher to teach classes ix .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3810
..... any rule made under sub-section (1) may be general for all zila panchayats or all kshettra panchayats or special for any one or more zila panchayats or kshettra panchayats to be specified [x x x][(3) all rules made under this act shall, as soon as may be after they are made be laid before each house of the state legislature while it is in session for a total period of thirty days extending in its one session or more than one ..... in so far as the writ petition is concerned, the prayer made for the quashing of the order dated 27.1.2007, has been rendered infructuous inasmuch as the election petition has already been decided on merits, the validity of which order is under ..... in the writ petition subsequently, an amendment application was moved for adding two additional grounds and a prayer challenging the validity of section 264-b of the act and rule 33 to 47 of the rules and for declaring them to be ultra vires to article 243-k(4) of the constitution of india (hereinafter for ..... amendment was allowed vide order of the court dated 12.3.2007 ..... 2 with regard to the jurisdiction stands decided vide order dated 9.10.2007 of the court below which has been affirmed by this court in ..... to the jurisdiction was decided in favour of the appellant anil kumar vide order dated 9.10.2007, which order was challenged by the respondent smt. ..... 52849 of 2007 decided on 29.10.2007 and as such has become final and conclusive ..... 2007 which was dismissed on 29.10.2007 ..... 2007 ..... by the court below vide order dated 27.1.2007. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(2)AWC1317
..... satisfying himself as to the legality or propriety of any order passed in such suit or proceeding and if such subordinate court appears to have:(a) exercised a jurisdiction not vested in it by law; or(b) failed to exercise a jurisdiction so vested; or(c) acted in the exercise of jurisdiction illegally or with material irregularity the board or the commissioner or the additional commissioner, as the case may be, may pass such order in the case as he thinks fit. ..... petition the petitioner has prayed for quashing the order dated 28.9.2007, passed by the sub divisional officer refusing to grant an interim injunction and the order dated 5.11.2007, passed by the revisional court dismissing the revision as ..... amendment made in 2002 as noted above, clearly shows the intendment of the legislature that no other proceeding has been excluded except the proceeding under sub-section (4-a) of section 198 from the purview of section 333 of the act ..... the objection and relying on certain decisions of the board of revenue and one judgment of this court, vide the impugned order dated 5.11.2007 dismissed the revision holding that the revision is not maintainable. ..... by order dated 28.9.2007 set aside the interim ..... against the order dated 28.9.2007, a revision was filed by the petitioner before the ..... an interim injunction was granted on 13.9.2007 by the assistant collector directing the parties to maintain status- ..... the order 5.11.2007 is set aside and the matter is remanded to the revisional court to decide the .....
Tag this Judgment!Court : Allahabad
Reported in : [1982]50STC56(All)
..... it was urged that the opposite parties having represented that electrodes were taxable as electrical equipments which representation was believed by the petitioner, to their prejudice inasmuch as on the one hand they had to pay 7 per cent tax to indian oxygen company and on the other they were prevented from ..... informing them that welding electrodes came under the category of electrical equipment and were taxable at 7 per cent and invoked the principle of promissory estoppel laid down in motilal padampat ..... any amount found due apart from it either due to amendment in law or change of view is amount in excess and cannot be considered to be tax admittedly payable for the purposes of ..... in section 3 which is the charging section it has been provided since 1971 subject to the provisions of this act every dealer shall for each assessment year, pay a tax at the rates provided by or under section 3-a, 3-ab, 3-aa or 3-d on his turnover of ..... purposes of this sub-section, the tax admittedly payable means the tax which is payable under this act on the turnover of sales or, as the case may be, the turnover of purchases, or of both, as disclosed in the accounts maintained by the dealer or admitted by him in any return or proceeding under this act, whichever is greater, or, if no accounts are maintained, then according to the estimate of the ..... by way of an amendment application the petitioner filed copy of the letter dated 25th january, 1969, issued by the sales tax officer, sector ii, kanpur .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2745
..... however, the court finds that the elections are directed to be held, without calling for an election meeting, in contravention with the bye-laws of the samiti as also section 25 (2) of the act, and in fact no election meeting has been convened, and to that extent the assistant registrar has exceeded in exercise of his jurisdiction, the court may interfere to protect the rights of all the members ..... a society decide in its bye-laws to hold elections in a meeting, the registrar is not authorised in exercise of powers under section 25 (2) of the act, modify and that too impliedly the procedure to elect the office-bearers of the executive committee by casting ballots without holding any meeting.18. ..... the acting president and life member of the 'prayag sangeet samiti, allahabad'-a society registered under the societies registration act, 1860 (in short the act) as amended in ..... of the act as amended in its application ..... it is contended by shri ravi kiran jain, senior advocate that section 25 (2) of the act provides that if the registrar is satisfied that any election of office-bearers of a society has not been held within the time specified in the rules of that society, he may call a meeting of ..... dated 17.4.2007 to hold an election meeting did not get any response and that the secretary was conducting the affairs of the society, without consulting the acting president. ..... petitioner as acting president, the treasurer and three executive members requested the registrar on 16.5.2007 and reminded .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC3922
..... 41729 of 2005 was taken up issue of partial release was raised and this court came to the rescue of the tenant and allowed the writ petition on 27.5.2007 by making categorical mention that matter is remanded back to the appellate court to consider the question of part release in the light of observation made in the judgment, and in ..... shown that her son prem prakash had undergone a training course in household electrical wiring and had obtained a certificate from industrial training institute, banda. ..... 2scr1 , hon'ble apex court had occasion to deal in detail with the comparative hardship's aspect as follows :moreover section 11(h) of the act uses the words 'reasonable requirement' which undoubtedly postulate that there must be an element of need as opposed to a mere desire or wish ..... jlde need and comparative hardship; (ii) while deciding the question of partial release; (iii) taking additional evidence on record by ignoring the mandate of this court; and (iv) appellate authority has not at all acted fairly while deciding the appeal and as such orders passed is unsustainable and writ petition deserves to be allowed.10. ..... before this court arguments are advanced on behalf of the petitioner that in view of the provision of section 21(1)(a) of the act, it was incumbent on the part of the prescribed authority as well as appellate authority before, directing release of the accommodation in dispute to consider as to whether the release of the part of the accommodation will serve the purpose .....
Tag this Judgment!Court : Allahabad
Reported in : 2010(1)AWC474
..... in uttar pradesh an agreement to sell is compulsorily registrable since the year 1977 as per the amendment in registration act.19. ..... it is not understandable if the agreement was executed on 21st of march, 2007 why the same was not placed before the court immediately thereafter and the tenant has waited for more than two years to place the same on record. ..... in nutshell the alleged agreement dated 21st of march, 2007 is a forged and fabricated document and cannot be relied upon. ..... : air 2008 sc 493 : 2007 (7) awc 7186 (sc), it has been held that protection under section 53a of the transfer of property act would not be available if the transferee just keeps quiet and remained in possession without taking effective steps. ..... the parties have entered into a compromise on 21st of march, 2007 under which out of total tenanted area of 255 sq. ..... moreover, the original copy of the agreement to sell dated 21st of march, 2007 has not been filed. ..... the said agreement states that on 21st of march, 2007 amarjeet singh, smt. ..... taking the said averment on its face value for the sake of the agreement, though it does not inspire any confidence, the time was lastly extended on 20th of august, 2007 to 20th of september, 2007. ..... march, 2007 but it saw the light of the day after more than two years as it was filed alongwith an application no. ..... the said period has admittedly expired on 20th of april, 2007. ..... the revision was restored on 28th of september, 2007. ..... it was again dismissed in default on 8th of may, 2007. .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]150CompCas280(All)
..... workmen's portion is concerned and to that extent it was observed that transfer of assets of a debtor company in liquidation by financial corporation can be made only after obtaining appropriate permission from the company court and acting in terms o the directions issued by that court as regards associating the official liquidator with the sale, fixing of the upset rise or the reserved price, confirmation of sale, holding of the sale proceeds ..... scheme the bifr thus prima facie opined that it would be just, equitable and in public interest that the company should be wound up in terms of section 20(1) of the sick industrial companies (special provisions) act, 1985 and directed that winding up notice be issued giving last chance to the company to submit a revised/modified revival proposal keeping option for change of management open by way of take over/amalgamation/mergers by ..... in liquidation, in order to avoid any conflict of interests and to realise workmen's dues, who have been treated as secured creditors having pari passu change over the assets of the company, after the amendment of section 529a by act no ..... the board, thereafter, adjourned the hearing on 22.11.200 and 4.12.2007 and that on 19.12.07 the board found that all efforts to revive the company have failed and that company/existing promoter have expressed their inability to revive the company's operations on ..... a deed of assignment dated 30th june, 2007 and 12th september, 2008 executed by the secured ..... 2007 ..... on 29.8.2007. ..... 2007 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3549
..... the end of the aforesaid details of dates, main meter reading and sub-meter reading it is written in hindi (dev nagari script) which means that shri seth has used the electricity from 10.1.1992 to 4.2.1990 (the date appears to be incorrect) and would be liable to pay after accounting. ..... defendant tenant in para 5 of his affidavit has stated that the alleged acknowledgment by the plaintiff landlady with regard to the payment of electric dues in writing signed by her is being filed as annexure-1 to the affidavit. ..... para 12 of the written statement it has been stated by the defendant tenant that initially he gave a cheque to clear the electricity dues against the bill dated 26.2.1993, being cheque no. ..... 593 was paid in cash to the plaintiff, the plaintiff acknowledging the same has issued receipt in her own writing on 1.5.1993 for discharge'of electricity bill, which she did not pay to the k.e.s.a. ..... 593 was paid in cash to the plaintiff, the plaintiff acknowledged the same and issued receipt in her handwriting on 1.5.1993 for discharge of electricity bill, which she did not pay to k.e.s.a. ..... 000 as claimed by the defendant tenant towards the amount allegedly spent on the electricity bill is not adjustable under order xv, rule 5, c.p.c. ..... above three revisions are at the instance of the tenant, under section 25 of the provincial small causes court act, against the orders passed by the judge small causes, at the various stages of s.c.c. ..... has been added by way of amendment in the state of u. p. .....
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