Court : Allahabad
Decided on : Apr-03-2000
Reported in : 2000(2)AWC1635
..... of u. p. licence for possession of denatured spirit and specially denatured spirit rules. 1976.3. the petitioner is a private limited company incorporated under the indian companies act, 1956. it manufactures chemicals and for that purpose requires molasses/industrial alcohol as the main raw material for the manufacture of the aforesaid chemicals. the petitioner obtained ..... from the distillery and shall be deposited in the treasury under the head 'x-state excise miscellaneous confiscation and miscellaneous (a) contribution ; towards establishment.'7. the amended rule 3 (a) is quoted herein below :'3 (a) the fee for a licence in form fl 39 shall be at the rate prescribed for industry to ..... 39 shall be at the rate of 10 paise per litre payable on the quantity of specially denatured spiritobtained from any distillery in u. p. the amended rule further provides that the fee shall be realised by the excise inspector incharge of the distillery from the licensee before making issues of the specially .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-15-2000
Reported in : 2000(2)AWC1701
..... plaintiff is occupying the building in capacity of a licensee and at the commencement of the uttar pradesh urban buildings (regulation of letting, rent and eviction) (amendment) act, 1976 the licence of the appellant is regularized and the appellant shall be deemed to be an authorized licensee. he having become an authorized licensee cannot ..... to regulate licences whereas the preambles of indian easement act, regulates the licences. the court pointed out that the preamble of u. p. act no. 13 of 1972 shows that the legislature did not intend that the act should apply where there was a conflict with the provisions of indian easement act. the law relating to licences as ..... contemplated by the easements act cannot be controlled or affected by the provisions of the .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2000
Reported in : 2000(3)AWC2010
..... petroleum gas granted under the public distribution system. provided that the central government or the chief executive officer of a government oil company, namely, indian oil corporation limited, hindustan petroleum corporation limited and bharat petroleum corporation limited may, sanction more than one connection of liquefied petroleum gas under public distribution ..... it will be convenient to refer to clauses 2 (b), 2 (e), 2 (1), 3 and 6 of the control order (after its amendment by the liquefiedpetroleum gas (regulation of supply and distribution) (amendment) order. 1996) which reads as under :'2. definitions.-- in this order, unless the context otherwise requires. (a) ..... (b) 'consumer' ..... plain language of the statute and neither anything should be added nor subtracted. it is contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so. [see. assessing authority-cum-excise and taxation officer v. east india garden manufacturing company, air .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-08-2000
Reported in : 2000(4)AWC2904
..... paid on the principal sum adjudged, but after the date of decree not more than 6 %.10. section 24 of u.p. civil laws (reforms and amendment) act, 1976, amended first schedule of the arbitration act, 1940 and after paragraph 7, paragraph 7a was inserted providing that the rate ofinterest shall not exceed 6% per annum as the arbitrators or umpire may deem ..... earlier date as the arbitrators or umpire may think fit, but in no case beyond the date of the decree to be passed on the award.'in view of this amended provision, the arbitrator had no jurisdiction to award interest exceeding 6% for the period prior to date of making reference or pendente lite. learned counsel for the respondent has ..... make his award in accordance with the general law of the land and the agreement. (iv) over the years, the english and the indian courts have acted on the assumption that where the agreement does not prohibit and a party to the reference makes a claim for interest, the arbitrator must have the power to award .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2000
Reported in : 2000(4)AWC3433; (2001)1UPLBEC390
..... castes. scheduled tribes and other backward classes. the numbers of wards in the nagar nigams as per the delimitation order of 1995 done consequent upon the constitution (74th amendment) act of 1992 were substantially increased. in allahabad, the number of wards which were 40 in the year 1991, have been increased to 70 in the year 1995 and ..... to backward classes was not in any way contrary to or in conflict with any of the provisions of the constitution. 34. moreover, the u. p. act of 1959 was amended to make it consistent with the provisions of part ix-a of the constitution. population was defined in section 2 (53a) to mean 'population as ascertained in ..... had been done in accordance with u. p. municipal corporations adhiniyam, 1959 and u. p. municipalities (reservation and allotment of seats and office) rules, 1994, as amended from time to time. a reading of the order of the state government clearly shows that the concerned authority has applied his mind to the contention raised in the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-22-2000
Reported in : 2000CriLJ4530
..... submitted against accused persons named above for the offence committed by them under the provisions of ipc and arms act as the requisite sanction for their prosecution and of others as required under section 20-a(2) of tada (p) 1987, as amended has been declined by inspector general.25. the list of witnesses, documents and the articles ..... leader brahamapal saying that there is no evidence against him. it appears that the cbi has not taken into consideration the confessional statement recorded under tada act, in the proceedings under indian penal code. the statement of one narayan yadav was recorded twice at different intervals. firstly, his statement was recorded on dt. 26-8-1994 and ..... of accused pal singh alias pala alias lakkad and jaipal gujjar respectively. a case fir no. 134 dt. 18-5-1996 under sections 307, 216a, ipc and 24/54/59 arms act, ps pehowa, district kurukshetra (haryana) was registered against the said accused.18. on 3-7-96 after obtaining the permission of the court of cjm, .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-12-2000
Reported in : 2000(3)AWC2367
..... of services and posts for which under the relevant rules governing specifically such services and posts, the maximum age-limit was less than 27 years. instead of amending large number of such service rules in existence, it was thought more convenient and practical to enact a rule for this limited purpose, whereby all rules ..... the desired improvements in the existing state of affairs. the committee was headed by prof. m. s. gore. director. tata institute of social sciences, bombay and chairman, indian council of social sciences research, new delhi, as its honorary chairman. sri m. m. l. hooja, formerly director of intelligence bureau, was its vice-chairman and there ..... a rule to raise the upper age-limit as a government order could be amended easily by issuing another government order. the legislature or the rule-making, authority would not intervene and make an act or rule just for the purpose of amending a government order. the difficulty could arise only where a specific service rule had .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-2000
Reported in : [2000]245ITR312(All); [2000]113TAXMAN333(All)
..... is as under :'294. appointment of sole selling agents to require approval of company in general meeting.--(1) no company shall, after the commencement of the companies (amendment) act, 1960, appoint a sole selling agent for any area for a term exceeding five years at a time : provided that nothing in this sub-section shall be ..... the assessee paid the amount later to the managing agents. the question was whether the asses-see could claim under section 10(2)(xv) of the indian income-tax act, 1922, the deduction of the remuneration paid to the managing agents as being expenditure laid out or expended wholly and exclusively for the purpose of the ..... :'whether, on the facts and in the circumstances of the case and on a correct interpretation of the word 'lawfully' appearing in section 70 of the indian contract act, the appellate tribunal was justified in holding that the appointment of the sole selling agent, tools implements and machinery distributors, was in contravention of sections 294 and .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-28-2000
Reported in : 2001CriLJ639
..... 383 of 1999, p.s. kotwali, district azamgarh, under sections 147, 504, 506, 353, 332, 307 and 395 i.p.c. read with section 7 of the criminal law amendment act.sri wali reiterated that under proviso to section 10 of the contempt of court we lacked jurisdiction to initiate these proceedings. sri wali took up a stand that his objection ..... -1999.second order on ordersheet by which he acquitted the accused by passing the judgment in session trial no. 377/86 under sections 302/34, 394, 323/34 ipc and discharged the sureties. this order sheet is duly signed by presiding officer and also by the accused persons and there is not a whisper in the order sheet that ..... no high court shall take cognizance of a contempt alleged to be committed in respect of court subordinate to it where such a contempt is a punishable offence under indian penal code and the allegations made in the first information report as well as the report submitted to the registrar clearly makes out an offence, if committed, punishable .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2000
Reported in : 2000(1)AWC683
..... provisions of the act.2. petitioner no. 1 claims itself to be representative body of the dealers of petroleum products in our state, duly registered with the registrar -chits, firms and societies, u. p., lucknow and its registered office at kanpur. petitioner no. 2 is a petrol pump owner and dealer appointed by the indian oil corporation ..... panel regarding the verification of such dispensing pumps which deliver short quantities ; considering the variation in speed in dispensing pumps while delivering the product to the consumers appropriate amendment has been made in this regard in the rules by notification dated july 15,1991 (being filed as c. a. 1) though the oil companies have not ..... yet made provision in dispensing pumps as per the amended rules ; the permissible variations allowed is upto 0.6%, that is to say 30 ml. in 5 litres at the time of verification to condone minor variation .....
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