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 : 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-24-2000
Reported in : 2000(3)AWC2472; (2000)3UPLBEC2499
..... 1998 contained in annexure-6 cannot assume jurisdiction to issue notice for holding election. as such, the same could very well be challenged and that by reason of amendment the said notice having been incorporated, consequential election pursuant to such notice shall be subject-matter of the writ petition and as such would be guided by the ..... or any place of employment, or holds out any promise of individual advantage or profit to any person ; (iii) abets (within the meaning of indian penal code) the doing of any of the acts specified in clauses (i) and (ii); (iv) induces or attempts to induce a candidate or elector to believe that he, or any person in ..... meantime the life of the committee of management having expired, a fresh election has taken place. by means of amendment, the fresh election that was sought to be held was challenged as soon as notice was issued. the amendment was allowed. however, in absence of the committee of management, this election has been held, and therefore, he .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-26-2000
Reported in : 2000(3)AWC2506; (2000)3UPLBEC2217
..... decided in the said two decisions, i do not find any reason to throw away the petition on the ground of alternative remedy.11. it appears that amended rule 43 not being applicable, the order convening court martial is required to be signed by the convening officer as has been not done in the present case ..... an order for convening court martial by the convening officer himself? 2. supplementary affidavits have been filed by the respective parties bringing on record the amended provision of rule 43, which provided that the order convening the court martial may be signed by a staff of the convening officer. but the said rule ..... attached to air force administrative college, coimbatore, an airman of the regular air force is charged with : firstchargecommittinga civilsection 71offence.that is toairforce act. 1950.saycommitting unnatural offence punishable under section 377 of the indian penal code, in that he. at colmbatore on 15thmarch, 1980. at about 1830 hrs.,while on duty as desk nco of no. 13 .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-2000
Reported in : 2000CriLJ4576
..... that where a person has been detained in pursuance of an order of detention (whether made before or after the commencement of the national security (second amendment) act, 1984) under section 3, which has been made on two or more grounds, such order of detention shall be deemed to have been made separately ..... of which the detaining authority formed his satisfaction for detaining the petitioner under the act.3. counter-affidavits of detaining authority; the deputy jailor of district jail, bulandshahr; sri r.a. khan, under secretary, home and confidential department; u.p. ..... shakil has challenged the legality of the order dated 27-9-1996 passed by district magistrate, bulandshahr under section 3(2) of the national security act, hereinafter called the 'act' under which the petitioner has been detained.2. along with the impugned order of detention the petitioner was also served with the grounds on basis .....
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 : Aug-09-2000
Reported in : [2001]123STC430(All)
..... the omitted section 4-b(6) is saved and the penalty proceedings initiated by the assessing officer cannot be said to be without jurisdiction.10. further by the same amending act, viz., u.p. act no. 31 of 1995, section 4-b(5) was substituted and clause (b) of the substituted section 4-b(5) contained similar provisions which was there in the ..... the final order was also passed by him in the same month of march, 1996 when section 4-b(6) of the act was not on the statute book having been deleted by u.p. sales tax (amendment) act, 1995 (u.p. act no. 31 of 1995) with effect from may 14, 1994. thus the proceedings for imposition of penalty under section 4-b ..... is assumed that the notices could not have been issued under section 4-b(6) of the act, since it had been omitted by u.p. act no. 31 of 1995 with effect from may 14, 1994. section 4-b(5) was substituted by same amending act with effect from the same date and it contained the similar provision as was contained in the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-17-2000
Reported in : (2001)166CTR(All)129; [2001]247ITR436(All)
..... , we are of the view that these petitions deserve to be allowed.15. it may be mentioned that a new section substituted section 147 of the income-tax act by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989. the relevant part of the new section 147 is as follows : '147. if the assessing officer, has reason ..... held that the income of the petitioner was assessable as fee for technical services. in paragraph 14 of the same, it is alleged that section 147 of the income-tax act was amended from april 1, 1989, and, hence, the existence of pre-conditions mentioned earlier are no longer necessary. in paragraph 15 of the 'same; it is alleged that ..... /148 would obviously be on the basis of a mere change of opinion by the income-tax authorities, which would not be valid as held by the supreme court in indian and eastern news-paper society v. cit : [1979]119itr996(sc) ; gemini leather stores v. ito : [1975]100itr1(sc) and jindal photo films ltd. v. deputy cit : [1998]234itr170(delhi .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-30-2000
Reported in : 2000CriLJ310
..... the winding up of the company. it may be stated as a passing reference that earlier to the passing of the companies (amendment) act, 1988, the powers under section 397 of the companies act were exercised by the court viz., company court. in the case referred to above, it has also been held by the apex ..... act, 1948 and section 517 of the (british) companies act, 1985. it would be found that section 44(g) of the indian partnership act, 1932, provides for dissolution of a firm ..... was evolved by english courts. section 210 of the (british) companies act, 1948, and sections 459 to 461 of the (british) companies act, 1985, are akin to the provisions of sections 397 and 398 of the (indian) companies act, 1956. likewise section 433 of the (indian) companies act, 1956 is pari materia with section 222 of the (british) companies .....
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 .....
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