Court : Allahabad
Decided on : Nov-03-1989
Reported in : AIR1990All53
..... line. as per allegations in the first information report the petitioners were guilty of theft of electricity making them liable to prosecution under ss. 39/40/44 of the electricity act.2. shri dharam pal singh, learned counsel for the petitioners contended that although a bare perusal of the first information report may disclose an'offence, yet if the other attending ..... . 226 of the constitution for quashing the investigation pursuant to the first information report giving rise to crime no. 245 of 1988 under ss. 30/40/44 of the electricity act, p.s. jhansi. as per allegations in the first information report, a flying squad of the electricity department on 22nd june, 1988, found the meter of the petitioners firm burnt .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-03-1989
Reported in : AIR1990All74; [1990(60)FLR147]; (1990)3UPLBEC1866
..... like an individual as they have to rely on the working of their officers/ officials and their counsel as well. while disposing of an application under section 5 of the limitation act the court is only required to consider the sufficiency of the case taking into account the reasonable facts of the case. there is no doubt that the ..... not inform about the delay in filing the appeal and it was after some time that the applicant per force was directed to file an application under section 5 of the limitation act along with an affidavit. learned counsel for the applicant further submitted that the applicant had to undergo various formalities in filing the appeal after the decision of ..... 9-1983 and the appeal was filed on 20-10-1983. later on it was found that the appeal was beyond-time and as such an application under section 5 of the limitation act for condonation of delay was filed on 31-10-1983. this application was supported by an affidavit. the application was, however, rejected vide order dt. .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-01-1989
Reported in : 1990CriLJ989
..... 1965) 1 wlr 189 jkw organ & sons ltd. v. goucestershire county, council, (1961) 2 qb 123.11. applying these principles of interpretation section 36 of the act and section 29 of the code have to be harmoniously interpreted. while interpreting a particular provision possible injustice or absurdity have also to be taken into account. the ..... imprisonment for a term exceeding seven years, hence obviously it was beyond his power to impose the sentence contemplated under the aforesaid sections of the act.relevant statutory provisions of section 209 of the code are set out as follows:'209 commitment of case to court of sessions when offence is triable exclusively by ..... sentence of life imprisonment, or imprisonment for a term exceeding seven years, whereas the offence disclosed under the aforesaid sections of the act was punishable under section 27 of the act for life imprisonment.7. under section 4(i) of the code it has been provided that all offences under the indian penal code shall be .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-27-1989
Reported in : [1990(60)FLR97]; (1994)IIILLJ122All; (1990)3UPLBEC1919
..... documentary evidence and all the materials placed before him relating to the nature of duties of solomon and had come to the conclusion that he was a 'workman' under the act. nothing has been placed before this court to justify a different conclusion. 5. the 'next point urged on behalf of the petitioner relates to solomon's date of birth ..... work and the duties of solomon described above were supervisory in nature and his wages were more than rs. 500 per month, he was not a 'workman' under the act. in support of this contention learned counsel for the petitioner relied on a decision of the supreme court in burmah shell oil storage and distributing co. of india ltd. ..... this court that the deputy, labour commissioner erred in law in finding that solomon was 'workman' under the act as solomon's work and duties clearly took him out of the definition of 'workman' as contained in section 2(z) of the act. it may be noted that no material has been placed in this court enumerating the duties and the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-27-1989
Reported in : (1992)ILLJ177All
..... evidence and all the materials placed before him relating to the nature of the duties of solomon and had come to the conclusion that he was a 'workman' under the act. nothing has been placed before this court to justify a different conclusion.4. the next point urged on behalf of the petitioner relates to solomon's date of birth. ..... the work and duties of solomon described above were supervisory in nature and his wages were more than rs. 500 per month, he was not a 'workman' under the act. in support of his contention, learned counsel for the petitioner relied on a decision of the supreme court in burmah shell oil storage and distribution co. of india ltd. ..... urged before this court that the deputy labour comissioner erred in finding that solomon was 'workman' under the act as solomon's work and duties clearly took him out of the definition of 'workman' as contained in section 2(z) of the act. it may be noted that no material has been placed in this court enumerating the duties and the work .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-1989
Reported in : AIR1990All75
..... court unless it is agreed upon between the parties or it is provided under some statute. section 3 of the interest act, 1978 also does not support the claim of the appellants for interest in the facts and circumstances of this case . section 3 of the interest act, 1978 reads as below:'3. power of court to allow interest.--(1) in any proceedings for ..... of institution of the proceedings; provided that where the amount of the debt or damages has been repaid before theinstitution of the proceedings, interest shall not be allowed under this section for the period after such repayment.....'.in view of the above provision, the claim of the appellants for interest is wholly untenable. in my opinion, the impugned judgment does not .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1989
Reported in : AIR1990All44; (1990)1UPLBEC258
..... that there is no particular prescribed order of these publications. the three modes of publications and public notice could be in any order.the only requirement of this sub-section is that the last date of such publication and giving of the notice whichever is later will be the date of publication of the declaration. in this way the ..... the government of u.p. regarding consideration of urgency in this matter. it was also argued that about a year had lapsed between the notification under s. 4 of the act and the last date of publication i.e. 3-12-1988. in these circumstances, there was no justification for dispensing the inquiry.8. learned counsel for the state pointedout ..... newspaper. in this way the first point fails.6. as regards the second point, our attention was drawn to paragraph i of the notification under s. 6 of the act. it should be read with paragraph 2 of the notification. the relevant portion reads as under:'chunki rajyapal ki rai hai ki uktadhiniyam ki dhara 17 ki updhara (1) .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1989
Reported in : AIR1990All65
..... magistrate for sale under the urban property ceiling (temporary restrictions on transfer) 36 of 1972 had been extended beyond up to 1975 and thereafter urban land ceiling and regulations act, 1976 was passed. it was urged that the appellant had not taken required permission even upto the last date of execution of reconveyance deed. it was argued from the ..... into decree. the decree had prescribed a particular mode of execution of its term. the defendant-appellant could get the decree executed only after performing his part of the act in prescribed manner. the time given in the contract was only for the facility of the plaintiffs. even if they had arranged payments before 31 -10-1975 in the ..... to get the sale deed executed.22. the above argument of the learned counsel for the respondents is not at all tenable. if any agreement states that a particular act relating to the furtherance of the contract was to be done in a particular manner, then it should be done in that manner and it is not open to .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-21-1989
Reported in : [1990]185ITR272(All)
1. through this application filed under section 256(2) of the income-tax act, the commissioner of income-tax seeks a direction to the income-tax appellate tribunal to refer the following two questions to the high court:'1. whether, on the facts and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-1989
Reported in : [1990]182ITR13(All); [1990]48TAXMAN277(All)
..... case of succession and not a case of reconstitution, in view of the dissolution having intervened before the reconstruction of the firm, and, hence, the provisions of section 188 of the act applied to its case. admittedly, the appellate authorities have not examined the case on these lines. as stated, it was not considered necessary in view of the ..... or formation of the new firm, as asserted by the assessee. the appeal was allowed on the short ground that even if it was a case covered under section 187(2) of the act, one assessment could not be sustained in view ofanother full bench decision of this court in the case of badri narain kashi prasad v. addl. cit : ..... of the expression 'change in the constitution of the firm', different from the one in which that concept is understood or known in the indian partnership act. further, the purport of section 187(1) is that the assessment of the firm which has undergone a change in its constitution has to be made as it stands reconstituted at the .....
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