Court : Allahabad
Decided on : Jul-21-1989
Reported in : I(1990)ACC364; 1990ACJ1; AIR1990All82; 1990CriLJ923
..... third party arising out of the use of a vehicle on a public place without proof of negligence if accepted would lead to strange results. 27, 'section 110(1) of the act empowers the state government to constitute one or more motor accidents claims tribunal for such area as may be specified for the purpose of adjudicating upon claims for ..... .' 10. the bench held that so far as the first type of cases is concerned it is the claims tribunal which alone can entertain the claim under section 110(1) of the act and adjudicate upon it and if it was found that the motor vehicle driver was negligent, appropriate compensation can be awarded against the driver, owner and insurer ..... party, the claim so far as the owner or insurer or the driver of the motor vehicle are concerned would lie before the claims tribunal under the act in terms of section 110. the civil court will indisputably have no jurisdiction to entertain the claim against the insurer or owner or driver in view of the express bar imposed .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-21-1989
Reported in : AIR1990All23
..... compromise or not.7. to decide this controversy, this court has to look into the provisions of s. 25 of small cause courts act, and provisions of civil procedure code to the said proceedings.8. section 25 of small cause courts act, reads as under:'25. revision of decrees and orders of court of small causes:the high court, for the purpose of satisfying itself ..... .23, r. 3 or the principles thereof are applicable to the proceedings under s. 25 of small cause courts act.12. section 7 of civil procedure code mentions about the provisions which are not applicable to the courts constituted under provisions of small cause courts act, which reads as follows:--'7. provincial small cause courts: the following provisions shall not extend to courts constituted under .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-1989
Reported in : [1990(60)FLR58]; (1990)IILLJ534All
..... .'3. from a reading of the definition of 'occupier' in section 2(n) of the act read with the second proviso, it is clear that in the case of a company, one of the directors shall be deemed to be an 'occupier'. this amendment ..... .' proviso (ii) to sub-section (n) of section 2 of the act is relevant for the purposes of this act. it reads as under:'proviso (ii). in the case of a company, any one of the directors shall be deemed to be the occupier ..... factories, u.p. kanpur, has asked the petitioner company to give the name of a director who would be deemed to be an occupier of the petitioner.2. section 2(n) of the factories act, 1948 defines an 'occupier'. it reads as under:'2(n). 'occupier' of a factory means the person who has ultimate control over the affairs of the factory .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-1989
Reported in : [1990]181ITR183(All); [1989]47TAXMAN359(All)
..... for filing of the cross-objection had not expired, which is thirty days with effect from the date of the receipt of the notice by the assessee under section 253(4) of the act, the income-tax appellate tribunal could not decide the same. the assessee asserted in the application for setting aside the judgment of the income-tax appellate tribunal that .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-27-1989
Reported in : AIR1990All108
..... not. the full bench decision of this court in state of u.p. v. radhe raman agrawal (air 1987 ah 272) (supra) was approved.8. a bare reading of sub-sec, (ix) of s. 4 leaves no room for doubt that where there is a building with a dwelling unit, the extent of land occupied by the building and the land ..... , (supra), it has been held while interpreting s. 2(g)(i) and (ii) read with s. 4(9) as follows:'in the ultimate analysis the position is quite clear that section 4(9) contemplates that if a person holds vacant land as also other portion of land on which there is a building with a dwelling unit, the extent of land ..... provisions of the statutes have to be read together and same principle applies to read every part of the same section. in other words the interpretation must be texual and contextual. no doubt in such matters where actually general provisions of the act have to be interpreted, either building has been constructed in accordance with the buildingregulations or other wise, what is .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-27-1989
Reported in : 1990CriLJ77
..... the following circumstances against the appellant.1. motive.2. extra-judicial confession.3. recovery of clothes, wrist watch and ring etc. from the possession of the appellant under section 27. evidence act.4. recovery of the skeleton at the pointing out of the appellant himself along with shirts shoes and licence of the gun.5. the appellant was last seen with ..... p.s. hoshiarpur had apprehended pyara singh on 22-5-1979, and recovered from his possession a double, banel gun belonging to the deceased and registered a case under section 25. arms act.gurmeet singh (p.w.10) is owner of another truck, had seen truck no. 2120 in bihar and that pyara singh had told him that he would kill ..... pyara singh had however been already arrested on 22-5-1977 in batala by batala police along with the gun of jagit singh deceased and a case under section 25 of the arms act was registered against him and that fact subsequently came to the notice of deedar singh. s.o. and then he was also implicated in the case. as .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-28-1989
Reported in : AIR1990All11
..... delay in moving the condonation application, has examined the applications of the opposite party under o. ix. r. 9 of the code and under s. 5 of the act, affidavit filed in support thereof and also the objection filed on behalf of the applicant, and is satisfied that, on the facts and circumstances of the case, the ..... coming to know of this dismissal, she moved an application for restoration of the suit accompanied by an application for condonation of delay, under s. 5 of the act. she pleaded that the default in appearance was neither deliberate nor want on. the application of the applicant was opposed by the defendant-applicant.3. taking into consideration ..... . ix, r. 9 of the code of civil procedure, 1908, hereinafter called the code, along with an application under s. 5 of the indian limitation act, 1963, hereinafter called the act. in the application, the opposite party pleaded that she was a pardanashin lady and dependent on her brother for the purposes of pairavi. her brother had gone .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-31-1989
Reported in : 1990CriLJ1698
..... the sessions court rejected that application. so they have approached this court through an application in revision.2. the definition of 'juvenile' is given in section 2(h) of the act. according to this definition 'juvenile' means a boy who has hot attained the age of 16 years or a girl who has not attained the ..... will send back the case to the magistrate, who shall proceed in accordance with the provisions of the juvenile justice act, 1986, discussed above, especially keeping section 8 of the act in view.14. this revision considered along with section 482, cr. p. c. is allowed. the order of the learned sessions judge is set aside and ..... above, the context requires otherwise. so the word 'inquiry' in section 3 would mean an inquiry under the act and not an inquiry under the criminal procedure code as defined by section 2(g) of the act.4. under section 5 of the act, state government constitutes a juvenile court. section 7 says that a juvenile court shall have exclusive jurisdiction to deal .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1989
Reported in : AIR1990All1
..... district ghaziabad. these plots are among the numerous plots which are the subject-matter of the impugned notifications issued by the state government under sections 4 and 6 of the land acquisition act. the notifications are dated respectively february 25,1988 and july 7, 1988. the notifications state that the land mentioned therein was urgently needed ..... and the learned advocate general appearing for the respondents, it will be convenient to have a look at the relevant provisions. section 4(1) of the land acquisition act. (as it stands after its amendment by central act no. 68 of 1984) provides:4. publication of preliminary notification and powers of officers thereupon. (1) 'whenever it ..... ) and (6) at convenient places in the locality. second, that there was no such urgency as to justify doing away with the provisions of section 5a of the act. in the course of arguments, however, and after receiving copies of the affidavits filed by the respondents the learned counsel did not press the first .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-1989
Reported in : [1989]180ITR483(All); [1989]47TAXMAN67(All)
..... to the facts of the instant case, the findings recorded by the income-tax appellate tribunal are that it is a case of succession within the meaning of section 188 of the act. it has been found that the duration of the firm was at will and there was no clause in the original partnership deed providing that the firm shall ..... stood dissolved, the firm which took over the business after the dissolution of the erstwhile firm could not be said to be a reconstituted firm and section 188 and not section 187 of the income-tax act, 1961, would apply in such a case, and two separate assessments should be made on the two firms.13. the view expressed by the aforesaid two ..... firm is dissolved either by agreement of partners or by operation of law and another firm takes over the business, that will be a case of succession governed by section 188 of the act, even though some of the partners of the two firms are common.'12. another full bench of this court in cit v. kunj behari shyam lal : [1977]109itr154 .....
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