Court : Allahabad
Reported in : AIR1954All570
..... the other of the defendants, have no similarity at all. the title of the plaintiff's book is 'the indian partnership act' while the title of the defendants' book is 'law & practice of partnership and private companies in india'. the plaintiff's book is a volume of 311 pages while the defendants' book covers 862 pages ( ..... this:'i find that 797 passages have been infringed by way of copying and this includes 22 quotations, 9 appendices and 8 rules made under the indian partnership act by the various governments.'the plaintiff in his evidence felt satisfied by saying the above only in regard to his proof of the infringement of his ..... it was published in 1946. the defendants also denied having infringed any copyright that may subsist in favour of the plaintiff in the book entitled 'the indian partnership act'.the defendants further alleged that their book contained much more material than was contained in the plaintiff's work. the defendants further denied that their publication contained .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1691
..... to insist on such performance. the existence of the said right is the condition precedent to invoke the writ jurisdiction. [vide calcutta gas company (proprietary) ltd. v. state of west bengal and ors. : air1962sc1044 ; mani subrat jain etc. etc. v. state of haryana ..... . (vide bandhua mukti morcha v. union of india and ors. : [1984]2scr67 ).27. in akhil bharatiya soshit karamchari sangh (railway) etc. v. union of india and ors. : (1981)illj209sc , the hon'ble supreme court while dealing with the issue of ..... petition even of unregistered association espousing the cause of over down-trodden or its members observing that the cause of 'little indians' can be espoused by any person having no interest in the matter. however, the said person should be bona ..... found suitable, were referred to the chancellor under section 31(8)(a) of the u.p. state universities act, 1973, hereinafter called 'the act'. on receiving the aforesaid reference dated 11.12.2003, the learned chancellor passed an order dated 12.3 .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3550
..... , the propounder of the will is required to dispel the surrounding circumstances and improbabilities of the case. the expression 'proved' is defined in section 3 of the indian evidence act which provides that a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence ..... did not know if raj kumar was admitted inmoradabad hospital on 21.6.1976 ona reference made by dr. agarwal andhe had travelled from najlbabad tomoradabad on a railway pass on21.6.1976. the entire conduct of jaikumar singh appellant thus clearlyshows that he had no love andaffection for testator of the will. hedid not even ..... date. (viii) that there was no impediment for testator raj kumar singh to have executed the will at najibabad during his illness or at moradabad after being admitted at railway hospital, moradabad. (ix) that the will was executed on 20.6.1976. (x) it was not registered during the life time of the deceased even though .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ1904
..... raja beti along with them. later on the dead bodies of magan, smt. ram dulari, bhagirath, rekha, usha and raja beti were noticed along the railway line by railway gang man.khet singh, the railway gang man gave information to station superintendent, tal behat, who in response thereto sent a memo to the police station. constable chhabi lal (p. w. 8 ..... the general diary on 9-4-1998 at 9.05 hours and the police came into action.s. i. sheshmali dubey (p. w. 9) immediately rushed to the railway line where the dead bodies were lying and inquested upon it from 9.05 to 10 a. m. after completion of formalities the dead bodies were dispatched for post ..... happened to meet the accused appellant, gissa, who told him that the dead bodies of his parents, brother and sisters were lying by the side of railway line and they died of injuries sustained in railway accident. he, therefore, ' went to the scene of occurrence and thereafter on getting suspicious against the accused appellants, he lodged the f. i. r .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1999All333
..... shall import coal only of good quality and proper size which should be according to the specifications laid down by the indian standards institute. 7. the licensee shall furnish particulars of grade or coal. railway receipt and colliery bill of the coal immediately after its loading from the colliery to the licensing authority so that he ..... turnover because it was the burden of these revisionists to pay the truck hire and the principle laid down by the hon'ble supreme court in mc dowell and company ltd. v. cto : [1985]154itr148(sc) were invoked. the tribunal has upheld the inclusion of the estimated truck hire in the turnover of these dealers. ..... standing counsel argued the matters on behalf of the commissioner of sales tax.5. the revisionists are coal merchants. coal is an essential commodity under the essential commodities act, 1955 which was enacted to provide, in the interest of general public, for the control of production, supply and distribution of trade and commerce in certain .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ1575
..... .c. he further, contended that the only evidence against the appellant was that he was last seen in the company of the deceased on the morning of 23-12-1978 at about 5.30 a.m. at railway platform of najibabad railway station. that according to medical evidence, the death of deceased would have taken place some where on 28-12- ..... appellants nor did it record a finding that the grievous hurt leading to death was caused by the appellants. the resultant position from it should have been that the act of picking of brindaban from his village was unconnected with what happened to brindaban later. from it should have followed that the appellants were not liable to be convicted ..... thus, the evidence on record in this case shows that even if it is assumed that gulab singh took satya prakash to his relative at village guniyapur, the above act of appellant was unconnected with what happened to satya prakash later and therefore, the appellant was not liable to be convicted under section 364 i.p.c.23. in .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2065; (1999)IILLJ1219All; (1999)2UPLBEC1157
..... 1998 131 sc 47, it was held that it was now well settled that the services of a permanent employee whether employed by the government or government company or government instrumentality or statutory corporation or any other authority within the meaning of article 12 cannot be terminated abruptly and arbitrarily either by giving him a month ..... only when the employees are employed in a public utility service. public utility service has been defined under section 2(n) of the said act as follows :(n) 'public utility service' means- (i) any railway service (or any transport service for the carriage of passengers of goods by air) ; (ia) (any service in, or in connection ..... requires approaching of a higher forum, the poor employees may not afford to approach this court and bear the expenses and thus it satisfies the concept of little indian to approach collectively to seek a class action. while it can do so collectively or by themselves, there cannot be any justifiable reason to dissuade them from .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All409; 1959CriLJ796
..... of the evidence given by a child witness in india is different from the position of that evidence given in other countries, for under section 118 of the indian evidence act, all persons are deemed to be competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational ..... hearing a dog-bark, that ram hazoor pande who belonged to his village had struck his grandfather on the throat with a gandasa, that man who was in his company was standing under the osara, that he could identify him if confronted, and that he had remained lying quietly out of fear. litigation has long been going on ..... erroneous.13. it is well settled that although legally there is no bar to accepting the uncorroborated testimony of a child witness yet prudence requires that courts should not act on the uncorroborated evidence of a child whether sworn or unsworn. this was so held by their lordships of the privy council in mohamed sugal esa mamasan rer .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC750
..... decision is not perceived by the court or present to its mind.' (salmond on jurisprudence 12th edn., p. 153). in lancaster motor company (london) ltd. v. bremith ltd., (1941) 1 kb 675, 677 : (1941) 2 all er 11, the court did ..... g.o. in relation to tehsil, population, police station, number of lekhpals ; (vi) auraiya is not connected by railway line : the railway station phaphund being more than 25 kms. away from auraiya, the client and public in general will suffer a lot as ..... while doing so each bench constitutes the high court itself. 8.7. having reminded ourselves, we merely state that in indian oh corporation v. municipal corporation, air 1995 sc 1480 (paragraph 8), it was laid down to the effect that a ..... court to draw an inference from the undisputed legal position, namely, that apart from the provisions of the land revenue act the sovereign state has inherent powers to create an administrative district besides it has also created judicial district afterrecommendations/consultations with .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2234
..... district. a large number of educational institutions set up their engineering and management colleges in noida and greater noida. a large number of software companies including many multinational companies have set up their manufacturing unit in this area after the establishment of the said district. police lines/police headquarters have already been established in ..... petition filed by one sri h. s. chowdhary in delhi high court arising out of a first information report under various sections of indian penal code and prevention of corruption act against fourteen accused. sri h. s. chowdhary filed the writ petition claiming to be public interest litigation and making prayers, which were ..... of natural justice-bates v. lord hailsham of st. marylebone-any more than is parliament itself ; edinburgh and dalkeith ry. v. wauchope per lord brougham ; british railways board v. pickin. prof. h. w. r. wades has similarly pointed out in his administrative law (4th edition) : 'there is no right to be heard .....
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