Judgment Search Results Home > Cases Phrase: high courts seals act 1950 Sorted by: recent Court: allahabad Page 1 of about 5,619 results (0.065 seconds)

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... judge on the ground of delay and the writ appeals and the special leave petitions filed against the order of the learned single judge were dismissed by the division bench of the high court and this court respectively, but that could not be made basis for denying relief to respondent no.1 because his brothers had neither questioned the diversification of land to private persons nor prayed for ..... the facts which have been brought on record and the principles laid down in the judgment in banda development authoritys case it is not possible to sustain the finding and conclusion recorded by the high court that the acquired land had vested in the state government because the actual and physical possession of the acquired land always remained with the appellants and no evidence has been produced by the ..... challenged in the high court on several grounds including the ground that inquiry under section 5a of the act was wrongly dispensed with and the high court dismissed ..... . zamindari abolition and land reforms act, 1950 may not be of much help because if the conforming use of the area is agriculture, and the regional plan 2001 respects agricultural areas any diversion from the conforming use ..... . clearly before the court, today, there is no document to verify that the plans on which the greater noida may yet proceed have the seal of approval by the national capital region planning board and this aspect stands confirmed by the submission which was made on behalf of the board by its member secretary .....

Ram Khelawan Maurya Vs. Committee of Management, Ashok Inter College T ...

Court : Allahabad

Reported in : 2009(2)AWC1814

..... -(1) the government of india may sue or be sued by the name of the union of india and the government of a state may sue or be sued by the name of the state and may, subject to any provisions which may be made by an act of parliament or of the legislature of such state enacted by virtue of powers conferred by this constitution, sue or be sued in relation to their respective affairs in the like cases of the dominion of india and the corresponding provinces or the corresponding indian ..... therefore, from all points of view, the union of india was rightly held by the high court to be a necessary party. ..... the petition was rightly rejected by the high court.12. ..... , provides remedy when a suit is filed in the name of the wrong plaintiff and empowers the court to strike out any party improperly joined or to implead a necessary party at any stage of the proceedings.11. ..... the act, 1950 does not permit other officers to represent the u.p. ..... therefore, care must be taken to ensure that the necessary party is before the court, be it a plaintiff or a defendant, otherwise, the suit or the proceedings will have to fail. ..... state road transport corporation can sue and be sued in its own name through its managing director in view of section 13 read with section 15 of the act, 1950. ..... - every corporation shall be a body corporate by the name notified under section 3 having perpetual succession and a common seal, and shall by the said name sue and be sued.13. .....

Smt. Shamim Begum and ors. Vs. Judge, Small Causes Court/Prescribed Au ...

Court : Allahabad

Reported in : 2002(1)AWC775

..... that being so, the order of release having become final after getting seal of the apex court cannot be allowed to be rendered a waste paper particularly on the basis ofproceedings having been initiated just after passing of the high court judgment which suggested that these proceedings have got initiated maliciously.9. ..... sri pankaj naqvi, learned counsel for the contesting respondent drew notice to this court to section 7a of the administration of evacuee property act, 1950 and submitted that no property could be declared as an evacuee property on or after 7th day of 1954.12. ..... in none of the above decisions, the question arising in the present case, namely if release order passed under the act has been affirmed up to highest court of the land can be forestalled by getting proceedings initiated under the administration of evacuee property act, in the facts and circumstances already enumerated above. ..... administration of evacuee property act, 1950 read with rule 31 of the administration of evacuee properly (central) rules, 1950.10. ..... only, prima facie, this court finds that there is no specific mention of serial number or the details in the basic property register as contemplated under the administration of evacuee property act or to show and satisfy this court that the shop in question that it was deliberately omitted in the future basic property register.15. .....

Panna Lal Ram Kishore Vs. the Sales Tax Officer and anr.

Court : Allahabad

Reported in : AIR1965All166; [1964]15STC245(All)

..... them he will be deemed to be a dealer liable to pay the state tax.other provisions exempting goods from the liability will not be ignored and will be taken into account in calculating his tax under the state act, the legal fiction embodied in the second clause is that the assessee is a dealer liable to pay the state tax and not that he is a dealer liable to pay the state tax on the goods which he has sold ..... section 8(2) of the central act came in for interpretation before the high court of mysore in y. ..... .if one were to read only the first clause one would be obliged to hold that the petitioner, who would not have been liable to pay any tax under the state act, will not be liable to pay any tax under the central act and the second clause having been intended to give effect to, and not alter the effect of the first clause should not be interpreted as laying down a rule conflicting with ..... the learned judges pointed out that the non-obstante clause refers to the dealer and not to sales which are the subject matter of taxation, that a state sales tax act usually provides three types of exemptions, one exempting dealers, another exempting goods and the third exempting sales and that the clause simply ignores the exemption given to dealers but not the other ..... 74 of 1950.it defines dealer to mean any person who carries on business of buying and selling goods and turnover to mean the aggregate of the price received in respect of sales of any goods in the course of interstate trade. .....

Sheo Prasad Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1965All106

..... in this context the words of the proviso to article 225 of the constitution which removed the restrictions on the high court jurisdiction in revenue matters are significant:'provided that any restriction to which the exercise of original jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately he-fore the commencement of this constitution shall no longer apply to the exercise of such jurisdiction. ..... our legal system is based on the english and our income-tax act and sales tax act existed on 25th january 1950 when the constitution came into force. ..... the constitution came into effect on 26th january 1950- it did not create a new legal system, nor a single new court or tribunal except the supreme court. ..... lallamal hardeo das cotton spinning mills company to sales tax in respect of sales made during the assessment years 1949-50, 1950-51, 1951-52, 1952-53 and 1953-54. ..... advani : [1950]1scr621 , mahajan, j. ..... the flaw in this argument is that the rights conferred under part iii of the constitution are ordinary civil rights which were enjoyed by the citizens before 1950. ..... this classification is based on fundamental principles and there is nothing in our constitution to suggest that they stood modified after 26th january, 1950.33. ..... ' : (1950)nullllj921sc . ..... , : (1950)nullllj921sc , mahajan, j. .....

Chawali Vs. State of U.P. and Others

Court : Allahabad Lucknow

..... after referring to surendra singh's case (supra) and other cases in context of the high court rules the following has been held : "these rules provide for four different situations: (1) for judgments which are pronounced at once as soon as the case has been heard; (2) for those which are pronounced on ..... it makes it clear that there is power of "review" both in cases where judgment has been delivered but not signed and cases in which judgment has been delivered, signed and sealed; in the former case the power to alter or amend or even to change completely is unlimited provided notice is given to the parties and they are heard before the proposed change is made, while in the latter case the ..... spoke in this judgment to impress upon everyone that pronouncement of a judgment in court whether immediately after the hearing or after reserving the same to be delivered later should ordinarily be considered as the final act of the court with reference to the case. ..... when a judgment is pronounced in open court, parties act on the basis that it is the judgment of the court and that the signing is a formality to follow. 8. ..... everything else up till then is done out of court and is not intended to be the operative act which sets all the consequences which follow on the judgment in motion. ..... it has been held that a judgment pronounced in open court should be acted upon, unless there be some exceptional feature and if there be any such, the same should appear from the record of the case. 26. .....

Pt. Nawin Sharma Vs. Union of India Thru' Secy. and Others

Court : Allahabad

..... to the aforesaid application the counsel of the bank wrote a letter dated 12.12.2013, stating therein that as the dispute is sub-judice before the high court, as such it was not possible for the bank to entertain the request or to furnish any information sought by the petitioner. 5. ..... after hearing the parties, the high court refused to grant any interim relief and posted the writ petition for ..... then sent another letter dated 10.03.2014 through speed post, stating therein that as the dispute was sub judice before the high court, allahabad as such the notice dated 04.03.2014 was in disregard to the proceeding pending before the high court. ..... is not maintainable in view of chapter xxii rule 7 of the allahabad high court rules. 12. ..... bar either under the constitution or any other law which prevents the authorities to proceed in the matter during the pendency of a writ petition in the high court. ..... petition has been filed for issuing a writ of prohibition, prohibiting respondents-2 to 4 from proceeding under the securitization and reconstruction of financial assets and enforcement of security interest act, 2002, (hereinafter referred to as the act), till the pendency of the writ petition no.53112 of 2013 and criminal contempt application no.13 of 2014. 3. ..... mill, air 2009 sc 2420, in which as the negotiations between the parties for a one-time settlement, having become failed, the bank issued a sale notice dated 26.07.2007, inviting sealed tenders for the sale of the secured assets of the firm. .....

Sunil Kumar Kataria Vs. Suraksha Devi

Court : Allahabad

..... according to him, it is certainly open to a larger bench to take a view different from that taken by the earlier bench, if it was manifestly erroneous and he urged that the trial of a corrupt chief minister before a high court, instead of a judge designated by the state government was not injurious to public interest that it should be overruled or set aside. ..... under those circumstances, the acquisition proceedings having become final and the compensation determined also having become final, the high court was highly unjustified in interfering with and in quashing the notification under section 4(1) and declaration under section 6. ..... act, high courts as courts of equity are entitled to administer principles of equity as laid down by english or indian decisions not distinctly prohibited by statute. ..... and observed that any such compromise between the parties whereby the respondent stood restrained from taking any future legal recourse was a void contract and hit by the provisions of the indian contract act, and therefore this finding at the stage of hearing of the amendment application had closed the right of the petitioner to dispute the question at the time of hearing on the release application itself. ..... we held, in agreement with the learned judges of the high court, that on the evidence the claim for damages on the footing of conversion must fail. ..... a consent decree, as is well-known, is merely an agreement between the parties with the seal of the court superadded to it. .....

Indian Dental Association U P State Vs. State of U P

Court : Allahabad

..... would like to have the response of the state government on the next listing as to the steps that have been taken in the 14 day period allowed by this court for ensuring compliance of the directions of the central government, the food safety act and the regulations and rules framed thereunder for restraining the manufacture, sale and distribution of 'gutka' or other products containing tobacco as an ingredient in the state of u.p ..... the state level prohibiting the sale and distribution of "gutka" and "pan masala" containing tobacco, in the light of the provisions of the food safety and standards act 2006 (hereafter 'food safety act' or 'the act'), regulation 2.3.4 of the food safety and standards (prohibition and restrictions on sales) regulations, 2011 (hereafter regulations) which put restrictions on adding tobacco and nicotine to ..... high courts ..... also been no stay orders by the high courts of those states or the supreme court on the decisions of the aforesaid states ..... general however sought to contend that although there is no doubt about the highly deleterious nature of "gutka," but only the central government can put a ..... there can hardly be any dispute that use of "gutka" and 'pan masala' with tobacco is highly addictive and causative of oral cancer and periodontal and other diseases (including being a risk factor for strokes and cardiac arrests) and that according to the global ..... distinction of being the oral cancer capital of the world due to the high levels of smokeless tobacco use. .....

islam HussaIn Vs. Hajari Lal

Court : Allahabad

..... family and in such circumstances the nephew has taken part with the business of uncle, and it cannot be held to be a case of subletting and in any case, this would not justify a court of equity in exercising its discretionary jurisdiction against such persons and in favour of landlord taking a technical advantage of statutory provisions. ..... my view the dispute involved in the matter and the findings of facts which have come to this court to non-suit the petitioners distinguishes this case from the authorities cited by petitioners landlord and, therefore, ..... this court finds no error in the revisional court's decision that the trial court erred in taking a view that act, 1972 has no application in the present case and findings of trial court to ..... of family under section 3(g) of act, 1972, therefore, it is a case of subletting resulting in a deemed vacancy under section 12(1)(b) and for this purpose, relied on apex court's decision in harish tandon (supra) and this court's decision in dr. ..... in my view the revisional court was right in observing that act, 1972 applies in the present case, but then the question which has to be considered is, whether petitioners landlords in the present case can be allowed to eject the respondents tenants from the ..... the court in harish tandon (supra) has observed that act, 1972 has been enacted to protect the interest of tenants and to prescribe conditions under which a tenant can occupy a building and if he has contravened any of conditions, shall be deemed .....