Court : Allahabad
Decided on : Jan-20-2000
Reported in : 2000(2)AWC1022
..... resorted to negating the orders of the supreme court and the high court by taking out an ordinance (u. p. excise (amendment) ordinance. 1998). which later became an act (u. p. excise (amendment) act. 1998) (hereinafter referred to as 'the act').5. the purpose of the ordinancewas clear. the slate of uttar pradesh was not accepting the decision of the supreme court. ..... 24th july, 1997. the state of uttar pradesh was still reluctant to refund payment of assessed fee irregularly charged to the petitioners as licensees for wholesale vend of indian made foreign liquor in form fl 2. refund was made by bank drafts but simultaneously the banks were advised not to make payment and proceedings were taken out ..... of the high court at allahabad dated 23rd november, 1983 were dismissed. the issue related to the grant of the licences for wholesale vend of the indian made foreign liquor in form fl 2 on payment of fixed fee in accordance with the u. p. excise manual so framed under the united provinces excise .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2000
Reported in : 2000(2)AWC1216; (2000)2UPLBEC1142
..... with what material the legislature would, if it had discovered the gap, have filled it in. if a gap is disclosed, the remedy lies in an amending act.since then english courts have adopted a middle road.14. lord diplock in kammins ballrooms v. zenith investments, says :'it is thus impossible to arrive ..... court adopted the purposive interpretation in place of literal interpretation to prevent corruption as a penal offence in municipal corporation of greater bombay and others v. indian oil corporation ltd., and advocated purposive interpretation in various cases while interpreting the law.* judge must be a jurist endowed with the legislator's wisdom, ..... were to be givenaccording to the basis of marksobtained in the b.ed, degreeexamination (l.t. or b.t. was notmentioned). thereafter the rules werefurther amended. the 1983 rulesstate that the admissions are on thebasis of marks obtained in b.ed, orits equivalent recognisedexamination. b.t. and l.t. areequivalent recognised examinations .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2000
Reported in : 2001CriLJ356
..... .11. learned additional sessions judge had awarded the appellant a sentence of 8 years' r.i. only. while doing, so he had completely ignored the amendment introduced in section 376, i.p.c. section 376(1), i.p.c. reads as under :376. punishment for rape. - (1) whoever, ..... not be less than ten years but which may be for life and shall also be liable to fine'. thus, according to this amendment, whoever commits rape on a woman when she is under twelve years of age, must be visited in the least with r.i. ..... additional sessions judge, sri s.c. agarwal, in the present case, for the lapse on his part at this juncture. however, as an act of rectification, a copy of this judgment must be sent to him, if he is still in service.13. there is, thus, no ..... there on hearing the alarm raised by her daughter, and therefore, at best, she is a witness under section 6 of the evidence act of the circumstance that her daughter had gone inside the house of the appellant to play with his niece, and that she had heard .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-03-2000
Reported in : 2000CriLJ4552
..... it. during hearing of appeal before this court no attempt was made to get the charge altered nor said order was assailed by the learned a.g.a. moreover, amending or altering charge at this belated stage and after more than 20 years of the occurrence would amount to denial of fair trial to the appellants. as held by the ..... is absolutely valueless unless there has been a previous test identification parade to test his powers of observation. the idea of holding test identification parade under section 9 of evidence act is to test the veracity of the witness on the question of his capability to identify an unknown person whom the witness may have seen only once. if no ..... p.w.5). the appellants were charged with the offence punishable under section 396 i.p.c. i.e. dacoity with murder. but the learned trial court concluded that the act of appellants and their other associates technically did not fall under section 396 i.p.c. as it is proved from the evidence on record that no valuable was removed .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2000
Reported in : I(2001)ACC139; 2001ACJ332; 2000(4)AWC2801
..... . dealt with the liability of insurance company incurred in respect of any one accident. sub-section (2) of section 94 of the act as amended by act 47 of1982, with effect from 1.10.1982 says that subject to the proviso to subsection (1), a policy of insurance shall cover any liability incurred in respect of any ..... of 1923), in respect of the death of, or bodily injury to, employees (other than the driver), not exceeding six in number, being carried in the vehicle.13. the above amended section came into force with effect from 1.10.1982, the tribunal passed award in this case on 21.12.1983. meaning thereby, the above provision was in force at ..... impugned order of motor accident claims tribunal, as the appeals against the order of the tribunal judge lie before the high court under section 110-d of the motor vehicles act, 1939. rule 21 of the accident claims tribunal rules uttar pradesh provides the extent to which the code of civil procedure may apply in cases pending before the accident claims .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-27-2000
Reported in : 2000(4)AWC3403
..... plant, machinery and other equipment (including milling plant, boiling house equipment, other sugar machinery, cane unloading equipment and power plant), weighbridges, cranes, chimneys, turbines and boilers (including the foundations, superstructure and roofing thereof) pertaining to that factory ;(ii) any engineering workshop. including machinery and equipment thereof ;(iii) any chemical laboratory including ..... nos. 2 and 5 were not entitled to the possession of those properties.5. the plaintiffs, during the pendency of the suit, got amended the plaint by adding the relief that if the court crimes to the conclusion that the defendants were in possession of all or any of ..... of possession and as such it was barred by section 34 of the specific relief act. the plaintiffs had filed application for amendment of the plaint and had sought relief of possession in the alternative. the application for amendment was allowed by the court. the plaintiff having claimed the relief of possession, .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-16-2000
Reported in : (2000)4CompLJ335(All)
..... petitioner bank is the regulatory authority for non-banking financial companies (nbfcs) and has been conferred with such powers under chapter iii-b of the act as amended by the amending act of 1997. the powers conferred on the bank, inter alia, relate to the issuing of registration certificate to nbfcs, prescribing prudential norms, issuing ..... ., inability to pay debt. let us first have a glance on the historical and legislative background culminating into the passing of reserve bank of india (amendment) act, 1997, inter alia, containing section 45mc whereunder the present winding up petition has been made. it was noticed that non-banking financial companies which were ..... such form as the bank may specify. it also provides that non-banking financial company in existence on the commencement of reserve bank of india (amendment) act, 1997 shall make an application for registration to the bank before expiry of six months from such commencement and notwithstanding anything contained in sub-section .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2000
Reported in : (2000)2UPLBEC1134
..... the financial assistance given to that university, but neither the central government nor the u.g.c. has any power to amend the act or statute. under section 50(1) the state government could amend the first statute made by the state government at any time upto 31-12-1990, and the executive council under section 50 ..... where it is still pending. several other universities e.g. bhopal university, delhi university, rewa university, gwalior university, jamiya milliya university, sagar university, hyderabad university, indian institute of science, bangalore etc. have the age of retirement at 62 years. hence we are of the opinion that the retirement age of teachers of allahabad ..... universities in u.p. should also be increased to 62 years, and we make a strong recommendation to the executive council of the state, universities to amend their statutes accordingly and we also recommend to the chancellor to accept such recommendation.23. the learned advocate general has referred to annexure ca-2 to .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-28-2000
Reported in : 2000(4)AWC3270
..... thirdly, whether an adopted son comes within the purview of 'lineal descendant' or 'lineal consanguinity' and is entitled to inherit, under section 37 of the indian succession act, 1925 (in short the act), theproperty of his adoptive parents dying intestate.51. i have glanced through the draft judgment prepared by my esteemed brother g.p. mathur, j. and i ..... have relied heavily upon the constitution of u.s.a. on many matters including those relating to fundamental rights guaranteed by part iii of the constitution. the fourteenth amendment of american constitution, which came into force on july 28, 1868, provides that state shall not deprive any person of life, liberty or property without due ..... , with respect to disposition made after 1949 or, in the case of intestacy, where the intestate died after 1949. the statute was again amended in 1958. lastly adoption act, 1976, was enacted and section 39 (2) thereofprovides that an adopted child shall be treated in law as if he were not the child .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-12-2000
Reported in : 2001(1)AWC732; (2001)1UPLBEC420
..... the manner given therein ; the central government being the controlling and the regulating authority permitting liability at a given point of time, its extent and manner. the indian railways act being a central enactment has no role to play in sub-article (2) of article 185, for that is a sphere in which the state legislation operates. ..... decision to introduce or amend such tariff shall be taken except by a special resolution in that behalf brought after giving such notice as may be prescribed, and passed by the majority of ..... into contract or agreement with any person or body as the jal sansthan may deem necessary ;(v) to adopt its own budget annually ;(vi) to introduce or amend tariff for water supply and sewerage services, subject to approval of the nigam and collect all taxes and charges for these services as may be prescribed :provided that no .....
Tag this Judgment!