Court : Allahabad
Reported in : 2003(4)AWC2961
..... proviso such as to give effect to the scope and object of the act. in other words, we must construct that proviso with a view to advancing cause of justice and not to defeat it. the supreme court in a recent decision in a.a. haja muniuddin v. indian railways, 1993 acj 235 (sci has held in para 5 as follows ..... himself, viz., filing of an appeal without complying with the requirement of the proviso, cannot be done by another on his behalf.' 12. in the case of united india insurance company ltd. v. smt. chandra kali and anr., 2002 (4) awc 3243 ; 2003 (1) tac 112, the division bench of allahabad high court following the judgment of ..... ., 1993 acj 946, the division bench of karnataka high court has held that the third proviso to section 30 of workmen's compensation act is applicable to the insurance company and the appeal filed by the insurance company without the certificate, as contemplated under the third proviso was not maintainable. the division bench' held as follows : '20. referring to .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2480; (2002)1UPLBEC35
..... subsidiary production units only immediately after its incorporation. but it was submitted that u.p. electronics corporation limited and uptron india limited both were incorporated under the indian companies act. the petitioner was not sent on deputation to uptron, but he was transferred to uptron india limited. thereafter, the counter-affidavit has narrated more or less ..... s.h.a. raja, j.1. the u.p. electronics corporation limited is a government undertaking, which is registered under the indian companies act, 1956. m/s. uptron india limited is a subsidiary company of u.p. electronics corporation limited.2. late sri shakeel ahmad malik, the petitioner of writ petition bearing no. 627 (sb) of 1996, ..... have been averred in the counter-affidavits filed in two other writ petitions.23. in moti ram deka and ors. v. general manager. north east frontier railway and ors. air 1964 sc 600, the constitution bench consisting of seven judges of hon'ble supreme court in the last portion of para 50 of the .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]144TAXMAN830(All)
..... would take some further time. the bombay high court in metropolitan springs (p) ltd. v. cit : [1981]132itr893(bom) with reference to section 15 of the indian income tax act, 1922, has held as follows:'. . . the view of the tribunal that once the materials are fed into the machine, whether for trial production or commercial production, ..... . the assessee was manufacturer of wagon. it was held that mere production of proto-type is hot production of articles, as such, because if ministry of railways, had rejected the proto-type or had suggested substantial modification then it would not have been possible for the assessee to go into production of wagons in accordance ..... (p. 896)in view of the above discussion we are of the view that the tribunal was not correct in holding that the assessee-company was entitled to deduction under section 80j of the act. the tribunal in its order has placed reliance upon certain decisions of the apex court on the question of 'manufacture'. however, those decisions .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]69ITR819(All)
..... held that the fact that some of its rules are illegal as being in restraint of trade does not constitute the society an illegal society.in pickering v. ilfracombe railway company it was observed on page 250 that the general rule is that where you cannot sever illegal from the legal part of covenant, the contract is altogether void; ..... must fail, if it is held that the deed of partnership is partly valid, and a firm was constituted under the deed of partnership.section 26a of the indian income-tax act, 1922 laid down the procedure for registration of firms. sub-section (2) of section 26a laid down that an application for registration shall be dealt with ..... or by common law, you may reject the bad part and retain the good.section 41 of the indian partnership act deals with dissolution of firms. a firm is dissolved under certain circumstances. the proviso to section 41 of the partnership act states :'provided that, where more than one separate adventure or undertaking is carried on by the firm, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1931All136a
..... con-tract which is proved by documentary evidence, but one in which the terms are expressed in writing in the act of making it. the obvious example of a perfectly valid written contract unsigned by either party is a steamship or railway company's ticket containing the printed terms and conditions of the contract. this ticket is not merely evidence of the contract ..... , but is an operative contractual instrument and subject to rules of law which govern written as opposed to oral contracts. we think some confusion has been imported into the indian decisions on this point through .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1922All449; 70Ind.Cas.968
..... filed. saiyid mahmud had been approached and asked to pay the dower-debt, and his reply was that he had fined the railway company and would pay the dower-debt after the fine had been realised. saiyid ali zafar, the general agent of saiyid mahmud, had ..... subordinate judge does not expressly say that the lease was void from its inception, but, in view of section 12 of the indian contract act, the only conclusion we can come to is that the lease was void for want of competency to contract, due to the ..... be deemed to have come into existence by virtue thereof. subject to the provisions of section 202 of the agra tenancy act (u. p. act ii of 1901) where a tenancy is denied by one party, the validity or otherwise of the document of title on ..... the defendants-appellants is that the courts below have erred in not following the provisions of section 202 of the agra tenancy act, requiring the defendants to have the question of their tenancy determined by the revenue court. that section states that if in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All369
..... 1925 mad 434 (fb) (q), the court had to construe a document and find whether it amounted to a lease for the purposes of the stamp act, the document was entered into between the south indian railway and certain coal merchants by which the latter were given leave to stack coal on small plots of land measuring 100 ft. by 25 ft. in ..... justice however found that 'the drawer of the document was evidently anxious to avoid giving a lease so as not to contravene the instructions of the govt. of india that railway companies have no permission to lease lands in their possession without the concurrence of the secretary of state. the expression 'licensee' was used and it was also said in one ..... that calls for a finding is, as to whether the position of the defendants is that of lessees or licensees. a licence has been defined in section 52 of the indian easements act as follows:'where one person grants to another, or to a definite number of other persons, a right to, do or continue to do, in or upon the .....
Tag this Judgment!Court : Allahabad
Reported in : (1907)ILR29All685
..... by their lordships of the privy council in norendra nath sircar v. kamalbasini dasi (1895) l.r., 23 i.a., 18 and also in robinson v. canadian pacific railway company l.r., 1892, a.c., 481, where they add that resort must be had to the pre-existing law in all instances where a code contains provisions of doubtful ..... in such cases.'49. mr. justice fulton, while admitting that is was undoubtedly a serious measure to limit the meaning of words in such a carefully drawn act as the indian penal code, and one which no court would attempt unless it were practically certain that the matter to be eliminated was not within the contemplation of the legislature, ..... i find that their lordships themselves say the question did not arise for consideration and i can find no reference in the judgment to the penal code. moreover, the indian evidence act had not, when this judgment was passed, been, consolidated. i am therefore forced to consider the question virtually as res integra and in the light of the laws .....
Tag this Judgment!Court : Allahabad
Reported in : [1999]95CompCas436(All)
..... this view by some direct decisions of different high courts. in the case of bukhtiarpur bihar light railway company ltd. v. union of india [1954] 24 comp cas 507, 512, the calcutta high court, while interpreting a similar provision in the indian companies act, 1913, has observed thus :'if a notice of demand is to operate as a valid ..... statutory notice under section 163(1)(i) it is to be delivered to the company at its registered office. a letter addressed to a place other than the ..... filed in this court under the provisions of sections 433(e), 434 and 439 of the companies act, 1956 (hereinafter referred to as 'the act').3. in response to the notice issued by this court on the petition, the respondent-company filed an application supported by a short counter-affidavit in which a preliminary objection was raised to .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)197CTR(All)153; [2005]276ITR56(All)
..... take some further time. the bombay high court in metropolitan springs (p.) ltd. v. cit : [1981]132itr893(bom) with reference to section 15c of the indian income-tax act, 1922, has held as follows (page 896):'the view of the tribunal that once the materials are fed into the machine, whether for trial production or commercial production ..... assessee was a manufacturer of wagons. it was held that mere production of a prototype is not production of articles, as such, because if the ministry of railways had rejected the prototype or had suggested substantial modification then it would not have been possible for the assessee to go into production of the wagons in accordance ..... ...' 9. in view of the above discussion we are of the view that the tribunal was not correct in holding that the assessee-company was entitled to deduction under section 80j of the act. the tribunal in its order has placed reliance upon certain decisions of the apex court on the question of 'manufacture'. however, those .....
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