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 : 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-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 : 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 : 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 : 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 : 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 : 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 : 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 : 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 .....
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