Court : Allahabad
Reported in : 2004(173)ELT337(All)
..... syed dastagir v. t.r. gopalakrishna setty : air1999sc3029 ; sankaran pillai (dead) by lrs v. p. venuguduswami and ors. : [1999]237itr1(sc) ; j. jermons v. aliammal : air1999sc3041 ; life insurance corporation of india and ors. v. jyotish chandra biswas : air2000sc3666 ; om prakash gupta v. ranbir b. goyal : [2002]1scr359 ; and ashutosh gupta v. state of rajasthan and ors. : air2002sc1533 .73 ..... court explaining the scope of proviso, held as under :-'a proviso has to be strictly construed inasmuch as it carves out an exception to the general rule. the general rule enacted in the main part is not only to be unduly restricted by expanding the contents of the proviso which is intended to carve out ..... person who is so associated by the assessee that they have interest, directly or indirectly in the business of each other. therefore, if a has interest in the business of b but b does not have interest in the business of a, they will not be related person for the reason that 'the mutuality of the .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1406
..... , for purposes of convenience, refers to or incorporates a provision of another. these have been discussed in various earlier decisions viz. secretary of state v. hindustan co-operative insurance society,; collector of customs v. nathella sampathu chetty, : 1983ecr2198d(sc) ; ram sarup v. state : [1963]3scr858 ; ram kirpal v. state : 1970crilj875 ; ..... establishment of the purvanchal university. any adaptation and modification is to be notified by the state government. the contention of the learned additional advocate general that once the statute of the university of gorakhpur has been amended and has been notified by the state government, the amended statute would ..... , where a statute by specific reference incorporates the provisions of another statute as of the time of adoption. second, where a statute incorporates by general reference the law concerning a particular subject, as a genus. in the case of the former, the subsequentamendments made in the referred statute cannot automatically .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC1900
..... central government by which bharat insurance company was merged with oriental fire and general insurance company limited. the state government wrote to the central government on ..... land. it prayed that free hold rights be granted. on 17th february, 1971, bharat insurance company again wrote to the state government to renew the lease for a further period of 30 years. the general insurance business (nationalization) act, 1972 was passed in pursuance of which a scheme was notified by the ..... down all erections and machineries. the said lease property was mortgaged to bharat fire and general insurance company, new delhi (hereinafter referred to as 'bharat insurance company') and on failure to pay the mortgage money, the bharat insurance company took possession of all mortgaged properties and purchased the same in a court auction .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC2866; [2005]128CompCas860(All)
..... authority is not a statutory provision.43. regarding non-maintainability of the petition following cases have been relied upon by the learned counsel for respondents.life insurance corporation of india v. escorts ltd., air 1986 sc 1370 :44. while dealing with the contention of the maintainability of the petition, it has ..... . it has been argued by the respondents that contention of the petitioner in the rejoinder-affidavit that, state government being a share holder has no business in the affairs of the company regarding termination of the managing director, as contract is between the company and its managing director. the argument of the ..... petition, under article 226, constitution of india, which is for enforcing contract of 'personal service' is not maintainable.24. sri sudhir agarwal, additional advocate general, appearing on behalf of the contesting respondents argued that the petitioner seeks enforcement of contract of personal service on the ground of alleged breach of non-statutory .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... be assumed that statutory provisions of act, 1861 stood repealed. thus, provisions of act, 1861 (special act) will prevail over rules, 1972 general law. [vide secretary of state v. hindustan co-operative insurance society ltd. ; j.k. cotton spinning & weaving mills co. ltd v. state o/ u.p. and ors. : (1961)illj540sc ..... of construction. the administrative construction i.e. the contemporaneous construction placed by administrative or executive officers responsible for execution of the act/rules etc, generally should be clearly wrong before it is over-turned. such a construction commonly referred to as practical construction although not controlling, is never- the ..... the existing rule pertaining to the subject matter presently under consideration with recent guidelines as noted above, its applicability cannot be doubted. unless the general rule specifically repeal the effectiveness of the special rules, question of the latter rule becoming ineffective or inoperative would not arise. in order to .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1156; 2005(2)ESC834; (2005)1UPLBEC920
..... regulatory control of central government. insurance companies deal in business of general insurance for damage, like- fire insurance, marine insurance, motor accident insurance, etc. governed by insurance act in contrast to the business of 'life insurance'- to be carried by lic of india- is a statutory corporation, under lic of india act, 1956.17. insurance act, 1938 initially- governed both 'life insurance' and general insurance (namely fire insurance, general insurance, motor accident insurance, marine), insurance etc. section 2(8 .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC724; (2005)2UPLBEC1156
..... the courts, unless behind it there is something of substance which has been lost by the failure. the court does not act in vain.'22. in life insurance corporation of india v. raghavendra seshagiri rao kulkarni, (1997) 8 scc 461, the apex court explained the difference of a permanent employee and an employee holding ..... the attention of the hon'ble chief justice to take appropriate steps for improving the appalling situation, and if found necessary, issue appropriate direction to the registrar general to hold the suitability test and gauge the per format ion of stenographers employed in the high court.72. at this stage. shri ashok khare, learned ..... , wherein the learned single judge stayed the operation of the order dated 30.10.2004. hence, these special appeals.3. sri sudhir agarwal, learned additional advocate general, assisted by shri amit sthalker, advocate, appearing for the appellant has submitted that the services of the said employees had been terminated in terms of their appointment .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2378
..... reservation to the disabled person, however, has reference to entry no. 23 of list iii of 7th schedule of the constitution of india (social security and social insurance, employment and unemployment). relying upon union of india and ors. v. shah goverdhan l. kabra teachers college, : [2002]supp3scr220 , he submits that the ..... article 254 has no application. the central act, as such, will not: prevail over the state act. in substance sri sudhir agarwal, learned additional advocate general, submits that since the judicial service has not been identified for application of reservations for physically handicapped persons, that further since the high court has not, ..... and thus there is no scope for submission that these other categories did not include the physically disabled persons.23. sri sudhir agarwal, learned additional advocate general, appearing for the state submits that the recruitment and condition of service in the judicial service in the state government was provided under u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]148STC122(All)
..... powers under clause (a) of section 4 of the uttar pradesh sales tax act, 1948 (u.p. act no. xv of 1948), read with section 21 of the uttar pradesh general clauses act. 1904 (u.p. act no. 1 of 1904) and in supersession of all previous notifications issued under aforesaid clause (a) of section 4, the governor is pleased, to ..... of the uttar pradesh sales tax act, 1948 (u.p. act no. xv of 1948), read with section 25 of the aforesaid act and section 21 of the u.p. general clauses act, 1904 (u.p. act no. 1 of 1904), the governor is pleased to make, with effect from september 7, 1981, the following amendment in government notification no. st .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2818; 2005(3)ESC1662
..... passing any order of removal a finding is to be recorded as to whether the president had flagrantly abused his position and persistently acted in a manner that no business could be conducted in the meeting or that he misappropriated or misused the municipal funds.18. in a given case the enquiry officer may collect certain information during ..... , (2002) 1 scc 188; lalit popli v. canara bank, (2003) 3 scc 583; and cholan roadways ltd. v. g. thirugnansambandam, (2005) 2 scc 241).23. in the general court martial and ors. v. col. anittej singh dhaliwal, air 1998 sc 983, the hon'ble supreme court has held that the high court, in its limited power of exercise ..... or the rules made thereunder; or(xiii) created an obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or(xiv) willfully contravened any order or direction of the state government given under this act; or(xv) misbehaved .....
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