Court : Allahabad
Reported in : AIR1975All135
..... , make bye-laws for its own purpose and for the purpose of the kshetra samiti applicable to the whole or any part of the rural area of the district consistent with this act, and in respect of matters required by this act to be governed by the bye-laws and for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the rural area of the district and for ..... been framed by the zila parishad pratabgarh, in exercise of the powers conferred on it by section 239 (2) (a) (i), (ii) of the kshetra samiti and zila parishad act, with a view to regulate the following activities:-- (1) disposal of dead bodies of animals dying in rural areas within its jurisdiction. ..... e--offensive trades- '(a) except where and so far as is inconsistent with anything contained in the petroleum act, 1934, or in rules made thereunder, prohibiting the use of any place, in default of a licence granted by the parishad or otherwise than in accordance with the conditions of licence so granted, as a factory or other places of business- ..... acting upon that provision the respondent board has granted monopoly to habib ahmad and has put it out of its power to grant a licence to the petitioner to carry on wholesale business in vegetable either at the fixed market place or at any other place within the ..... municipalities ..... . in that case the municipal board, kairana framed a bye-law providing that no person shall establish a market for wholesale transaction in vegetable except with .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All223
..... before the time when the specific relief act, 1963 was enacted repealing the previous act. ..... , has vehementlyurged that none of these averments anywhere show the readiness and willingness of the plaintiff and, therefore, according to him, there was no compliance of the provisions of section 16 of the specific relief act and urged that the suit ought to have been dismissed on that ground alone. ..... , we can say that while 'willingness' may he something to do mainly with a person's mental process to do an act, his readiness implies close proximity of such willingness and its ultimate physical manifestation. ..... all this clearly goes to establish that the plaintiff had been acting in a prompt manner throughout and has been taking necessary steps in furthering his object and these facts do not either show any slackness on his part or give an inkling ..... have been made in the plaint indicating as to how the plaintiff had been acting in pursuing his remedy for getting the sale deed executed. ..... the compliance of the requirements of section 16(c) of the specific relief act is, therefore, mandatory in nature and in the absence of necessary averments in this respect in the plaint even in the presence of proof that the plaintiff had been ready and willing to perform his part of the ..... given only 'on 20th july, 1968 before filing the suit and there was no other allegation as to how the plaintiff had been pursuing his remedy, the plaintiff of this case has acted with all promptitude' and utmost despatch. .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]94ITR463(All)
..... has merely reiterated its earlier view and has held that when tax is levied upon the partners of a registered firm assessed after its dissolution under section 23(5)(a) read with section 44 of the old act, there is no joint and several liability of the partners la respect of the tax payable by each partner.11. mr. ..... for the assessment year 1968-69, the firm was assessed under the income-tax act and it being a registered firm the total income of the firm was allocated to the partners and taxed in their ..... the contention of the learned counsel for the petitioner is that section 182(4) of the act does not contemplate that tax due from one partner may be recovered from another partner of a registered ..... partner of the firm, and the legal representative of any such person who is deceased, shall be jointly and severally liable for the amount of tax, penalty or other sum payable, and all the provisions of this act, so far as may be, shall apply to any such assessment or imposition of penalty or other sum. '7. ..... the income-tax officer passed an order under section 182(4) of the act on september 20, 1971, demanding from the petitioner a sum of ..... enunciated by the supreme court holds good only under the indian income-tax act, 1922 (hereinafter called the ' old act'), which contains no provision analogous to section 182(4) of the income-tax act, 1961 (hereinafter referred to as the ' new act '). ..... was registered under the provisions of the income-tax act, 1961, for the assessment year 1968-69. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All503
..... heera lal, air 1966 all 323 where doctrine of merger as enunciated in section 111(d) of the transfer of property act was explained and distinguished in following terms:-- 'the doctrine of merger enunciated in section 111(d) of the transfer of property act (1882) is not applicable where the lessee becomes the usufructuary mortgagee of the demised property, as tender the indian law, the lessor remains the legal ..... 1 against judgment and decree of sri brahma singh, learned civil judge, ballia dated 12-8-1974 by which he decreed the suit of plaintiff-respondent with costs and reversed the judgment of sri hira das, learned munsif, ballia dated 4-10- ..... would come to an end and the rights of the person holding under the same would get extinguished on the redemption of the mortgage is however, subject to one exception contained in section 76(a) of the transfer of property act which applies not only to agricultural land but also to urban immovable property. ..... in the disputed property and so by virtue of section 91(a) of the transfer of property act was entitled to redeem and mortgage as he is a person interested in the property mortgaged ..... of register of municipal board, ballia in ..... pleaded that such partition, if any, was never acted upon and was not binding upon the mortgagee. ..... air 1967 sc 1134 it was observed :-- '(b) evidence act (1872), section 114-nei-ther party producing any evidence even though any of them can produce it, if available -- absence of evidence is inconclusive and does not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All71
..... municipal board, bareilly, air 1974 sc 396.8. ..... moreover, there is a procedure for converting the proceedings) under the old act to proceedings under the new act which has not been followed in the instant case. ..... section 21 of the new act could not be applied to a case which was to be decided under the provisions of the old rent control and eviction act, the learned counsel then stated that this court should take into consideration section 21 of the new act because it is now in force. ..... (temporary) control of rent and eviction act the state has dismissed the revision by its order dated 26th november, 1971. ..... as such there is no question of the provisions of the new act being taken into consideration. ..... certain findings necessary for the applicability of section 21 of the new act are also missing.9. ..... control of rent and eviction act are all over. ..... the present petition is under article 226 of the constitution and cannot at all be a proceeding either under the old act or the new act. ..... learned counsel for the respondent has argued that the commissioner and the state government had in mind section 21 of the new act viz. ..... urban buildings (regulation of letting, rent and eviction) act. ..... (temporary) control of rent and eviction act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ3372
..... (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such ..... at this stage, it was not necessary to detailed, discussion of the merits or demerits of the case i may refer to an authority of the apex court municipal corporation of delhi v. ..... , a company registered under the companies act under section 138 read with section 142 of the negotiable instruments act, 1985 alleging that it supplied steel material to the said company worth rs. ..... before concluding the matter, i may refer to the provisions of section 141 of the negotiable instruments act, 1881 which are as under :-141. ..... and also narrated the liability of these person for non-discharge of the same and the service of notices under the negotiable instruments act and the non-compliance thereof. ..... mehta 1974 rajdhani lr 304).8. ..... purshotam dass jhunjunwala : 1983crilj172 , that case related to violation of food adulteration act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All29
..... kalwar, 1970 all lj 656 = (air 1970 all 561) (fb), had occasion to consider the question whether the words 'where a municipality is created in place of a town area or a notified area' used in section 333-a of the u.p. ..... reliance is placed on the non obstante clause in section 47-a which reads thus:--'notwithstanding any thing in this act and notwithstanding that no arrangements have been mutually agreed under section 47 or that no regulations have been made ..... municipalities act covered the case of a municipality created before the enactment of ..... held that the language and purpose of section 333-a clearly showed that it operated retrospectively and that the words quoted above meant also 'where a municipality has been created in place of a town area'. ..... the full bench held that municipalities created before the introduction of section 333-a were also covered by the provisions ..... objects and reasons reads thus:--'xxx at present there are sixteen private electric supply companies and thirteen municipal electric supply undertakings in the state. ..... learned counsel have pointed out various other sections of the electricity (supply) act, 1948, where guiding principles have been laid down for the exercise of the powers conferred ..... before the supreme court, the competing statutes were the orissa mining areas development fund act, 1952, which was enacted under entry 23 of list ii, and the mines and minerals (regulation and development) act, 1957, which was enacted by parliament under entry 54 of list i. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All71
..... their contention was that the land in question was situated centrally within the municipal limits of rampur and contiguous to civil lines the industrial area of the city-apart from two national highways-one bareilly-moradabad road and the other rampur --nainital road. ..... 18 of the land acquisition act was made and heard by the learned district judge, rampur.4. ..... 18 of the land acquisition act as well as this appeal and not the tenants). ..... 4 of the land acquisition act was issued on 19-3-62. ..... the benefit of increase in solatium and interest ratebecause of the amendments made in the land acquisition act subsequently.9. ..... 4 of the land acquisition act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All105
..... by the amending ordinance, would operate in the application of that section to town areas also and that since sub-section (12) of section 87-a of the municipalities act had been amended before voting on the motion of no-confidence took place on 25-9-1976, that motion could not be said to have been carried unless it was passed by a majority of more than two-thirds of the total number of ..... as town areas are also urban local self-government bodies, it is in our opinion, reasonable to infer that the legislature which was aware of the fact that section 87-a of the municipalities act had been extended to town areas, intended that the amendment of that section should be effective even in its application to town areas also.21 . ..... singh, learned counsel for the respondents, contended that the amendment of section 87-a of the municipalities act effected by the amending ordinance, did not apply to the town areas since what had been extended to town areas was section 87-a as it stood at the time when it was so extended and that any subsequent amendment of ..... 1841:'on a consideration of these authorities, therefore, it seems that the following proposition emerges: where a subsequent act incorporates provisions of ,a previous act then the borrowed provisions become an integral and independent part of the subsequent act and are totally unaffected by any repeal or amendment in the previous act. ..... of howrah v. ..... of howrah v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All44; (1996)3UPLBEC1691
..... we fail to see how because of the preamble of the act it can be said that it stood repealed by the enactment of the later act unless there were express words to that effect or unless there was necessary ..... the supreme court in municipal council, palai v. ..... gujarat, air 1974 sc 1389, held that in absence of any guideline, the provision requiring the prior approval under sec-tion 16-g(3)(a) of the act is invalid. ..... xaviers college case (air 1974 sc 1389) (supra) validity of section 51a of gujarat university act came up for consideration which provided that no member of the teaching, other academic and non-teaching staff of affiliated college shall be dismissed or removed or reduced in rank except after on inquiry in which he has been informed ..... 1971 and 3318 of 1972, d/- 17-9-1974) (supra) was binding on him. ..... xaviers college case (air 1974 sc 1389) (supra), the validity ..... xaviers colleges' case (air 1974 sc 1389) (supra) there was no regulation framed which could guide ihe vice-chancellor in according ..... xavier's college case (air 1974 sc 1389), such a blanket power directly interferes with the disciplinary control of the managing body over its ..... xaviers' case (air 1974 sc 1389) (supra) and after holding that the power of approval given to the director was violative ..... state of gujarat, air 1974 sc 1389, it was contended that under article 30 of the constitution the right to admin-ister is autonomy in the administration and there should not be any restriction on the right of administration in .....
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