Court : Allahabad
Decided on : Oct-11-2000
Reported in : 2000(4)AWC3265; (2000)3UPLBEC2525
..... be 'correct' if it complies with such conditions as may be prescribed in the case of any such indicator or other apparatus.'6.1. section 39 of the electricity act as amended by our state reads thus :'39. theft of energy.--(1) whoever dishonestly abstracts, consumes or uses any energy shall be punishable with imprisonment for a term which may ..... not an employee of the u.p.s.e.b. as described in the writ petition rather an employee of the state government appointed under section 36 of the indian electricity act) for finding fault with the meter which in view of the ratio decidendi laid down by the apex court in m.p.e.b. v. smt. basantibai, ..... opinion, an inspector or other authority functioning under sub-section (6) may make under its provisions.''in my opinion, the legislative intent underlying section 26(6) of the act is similar. the only question into which the inspector or other authority functioning under that sub-section might investigate is, whether the meter is a false meter capable of .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-2000
Reported in : 2000CriLJ4513
..... was registered at police station babina as case crime no. 215 of 1999, under sections 332, 333, 353, 504, 427, i.p.c. and 7 criminal law amendment act. injured suresh chandra tiwari, junior engineer was referred to the community health centre, babina where he was examined at 2.50 p.m. on medical examination, it was ..... of the learned counsel for petitioner cannot be accepted.14. the next submission of the learned counsel for petitioner is regarding non-compliance of section 10 of the act as admittedly representative submitted by petitioner was not forwarded by the state government to the advisory board, sri r.k. khan, under secretary, home and confidential department ..... is that the representation submitted by petitioner was not forwarded by the state government to the advisory board and thus the provisions of section 10 of the act have been violated and the petitioner is entitled for release and the continued detention has been rendered illegal.9. last submission is that there is delay in .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-06-2000
Reported in : 2001(1)AWC1; (2001)1UPLBEC3
..... residence or location within those territories, is the correct one.'11. clause (1a) was thereafter inserted by the fifteenth amendment act, 1963 and it has been renumbered as clause (2) by the constitution (forty-second amendment act), 1976. this clause confers power upon the high court to issue directions, orders or writs to any government, authority ..... relation to territories within which the cause of action wholly or in part arises. u. p. reorganisation act, 2000 can neither amend nor can it be interpreted in a manner which may have the effect of amending the provisions of the constitution. the powers and jurisdiction of the high court of uttaranchal are completely saved ..... by sections 33 and 38 of the act. therefore, such pending writ petitions under article 226 of the constitution which have not .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-02-2000
Reported in : AIR2000All205
..... state of kerala, air 1974 sc 436, a similar contention was raised while challenging the validity of kerala motor vehicles (taxation of passengers and goods) (amendment) act, 1970. the act provided that there shall be levied and paid to the government a tax on all passengers, luggage and goods carried by stage carriage and all goods transported ..... writ petition be heard by a larger bench. that is how the matter has come before us for hearing.26. the petitioner entered into an agreement with indian oil corporation (mathura refinery) where under he provided four buses for transporting its employees from various places in the city to the refinery and back. the ..... .2. the petitioner is an owner of four buses registered as contract carriages with the regional transport authority, mathura. the petitioner entered into a contract with indian oil corporation ltd. a true copy of the agreement is annexure to the writ petition. under this contract the petitioner has placed its vehicles at the disposal .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-2000
Reported in : (2002)172CTR(All)151; [2002]255ITR111(All); [2001]119TAXMAN105(All)
..... shri shambhu chopra, for the petitioner, and learned departmental counsel for the revenue.3. the petitioner is a public limited company incorporated under the indian companies act. the scheme of the act is that surtax is payable on the chargeable profits of the previous year as exceed the statutory deduction at the rates specified in the third schedule ..... petition that although the amount of sales tax outstanding was not payable by the close of the previous year under the sales tax act, the petitioner was advised that keeping in view the amendment proposed by the finance bill, 1989, to insert explanation 2 to section 43b, the amount of sales tax outstanding was not ..... the amount of sales tax outstanding was not payable by the close of the previous year as per the provisions of the sales tax act, the petitioner was advised that in view of the amendment proposed by the finance bill, 1989, inserting explanation 2 to section 43b, the amount of sales tax outstanding was disallowable under section .....
Tag this Judgment!Court : Allahabad
Decided on : May-09-2000
Reported in : 2000(3)AWC2167
..... leave of the court the memorandum of appeal is being treated as revision and vice versa. therefore, there is no question with regard to the necessity--either of amendment or of limitation as discussed above.24. now it is necessary to give reasons as to why the conversion is permitted.25. when it comes to its notice, ..... appointed as receiver. by an order dated 1.9.1990, the appointment of the said sri sachidanand singh was recalled. shri b.k. varma. assistant manager, lpg, indian oil corporation. ghazipur, was appointed as receiver for ensuring distribution of gas cylinder in connection with the business of the plaintiff. on 7.9.1990, an application was filed ..... his head. the judicial activism is permitted within the scope of article 226 or article 32 and not otherwise. the courts are creatures of statute. it has to act within its jurisdiction. civil court cannot gobeyond the jurisdiction conferred on it or the scope and limit that has been prescribed by law. it cannot permit illegality. even .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-15-2000
Reported in : 2000(2)AWC1606
..... state of u. p. inasmuch as on two previous occasions the u. p. government came out with the uttar pradesh fundamental rules 56 (amendment and validation) act, 1970. the first one was passed as u. p. act no. 5 of 1970 which had to be legislated in order to explain the legal position and setting the controversy which was raised on ..... to be and always to have been done or taken under or in relation to the said rule 56(a) as amended by this act and to be and always to have been as valid as if the provisions of this act were in force at all material times. 4. repeal of uttar pradesh ordinance no. vi of 1969. --the uttar ..... 1969, is hereby repealed.' 13. on second occasion the state legislature came out with further amendment when it passed u. p. act no. 24 of 1975. it was thought that some more amendments were necessary in rule 56 and, therefore, the following amendment was brought about:'2. amendment of fundamental rule 56.--in rule 56 of the uttar pradesh fundamental rules, published in the .....
Tag this Judgment!Court : Allahabad
Decided on : May-20-2000
Reported in : 2000(4)AWC2848
..... which the decree is based was not lawful.'explanation to rule 3 of order xxiii reads as follows :'an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.'6. a compromise decree in the instant suit was challenged on ..... accordance with the compromise is not appealable under section 96 of the code of civil procedure. earlier such a decree was appealable under order xliii (1) cm). by subsequent amendment. order xliii, rule 1 (m) has been deleted. however, another rule 1a has been introduced in order xliii. the said rule 1a provides that where any order is ..... setting aside such decree on ground that the decree is based on an invalid and illegal compromise not binding on the plaintiff of the second suit. but after the amendments which have been introduced, neither an appeal against the order recording compromise nor remedy by way of filing a suit is available in cases covered by rule 3a .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-13-2000
Reported in : 2001CriLJ395
..... that the applicants had committed his murder by assaulting him with knives. a case was registered as crime as crime no. 129/94 under section 302, ipc at p.s. doghat district meerut against all three applicants. the local police investigated the matter and after investigation submitted a charge-sheet dated 25-11-94 ..... the f.i.r. are found genuine or credible evidence material is collected against petitioners regarding commission of offence. we hope and trust that investigation agency shall act fairly and honestly and will take coercive steps against the petitioners only after verifying the above allegations made against the petitioners.28. with these observations writ petitions ..... provides that where by any uttar pradesh act a power to issue statutory instrument is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and condition (if any) to add, amend, vary or rescind any statutory instrument so issued. in view section 4(42-b), any .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-01-2000
Reported in : 2000(4)AWC2829; (2000)3UPLBEC2537
..... to be dismissed with cost.5. a rejoinder-affidavit has also been filed reiterating the correctness of some of the statements made in the writ petition repeating that the impugned amendment is absolutely illegal, unwarranted and unjustified and thus the writ petition be allowed with cost.the submissions :6. sri b. n. pathak, learned counsel appearing on behalf ..... stamp vendors to sell stamp papers of any denomination available in the treasury within the limits of their licence.2. rule 156 of the rules before the impugned amendment read as follows :'sale of stamps to non-official vendors weekly.--licensed vendors shall be allowed to purchase stamps from the local or branch depot ordinarily once a ..... , air 1958 sc 398. it is clear that the right to sell the stamps is created by grant of a licence under the indian stamp act and the rules framed by our state under that act and thus the exercise of the right to sell the stamps is subject to the terms and conditions imposed by the statute and no .....
Tag this Judgment!