Court : Allahabad
Reported in : 2006(1)AWC992
..... request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the indian arbitration act, 1899, and all the provisions of that act,' with the exception of section 2 these of, shall apply accordingly.143. an almost similar provision came for consideration before ..... h.m. seervei. reliance has also been placed on the court of appeal judgment (1939) 1 k.b. 363; pratt v. cook son and company (sant paul) limited. for the principle that a legislature is fully competent to change the basis of a judicial decision to make the judgment ineffective., ..... definition of selection committee change), p. kannadasan : air1996sc2560 (parliament intervenes in mines matter to cure competence), indian aluminium : [1996]2scr23 (basis of tax changed), lt. col. savai bhawani singh : [1996]2scr145 (legal incompetence cured), mahe beach trading company : (1996)3scc741 (legal incompetence cured) and meerut development authority : air1997sc1467 (defect cured by changing .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ2636
..... the conclusion of the aforesaid discussion is a point which has bothered this court sufficiently. one would have been so happy if the presumption under section 113b of the indian evidence act could be brought in aid to a charge under section 302, i.p.c. but one would have been still happier if on the facts of this case the ..... had occurred on 11-10-1986. this will be within about three years of the date of marriage.9. section 304b, ipc and section 113b of the indian evidence act were added on 19-11-1986 by dowry prohibition (amendment) act 1986 (no. 43 of 1986). these two sections have thus come into being about a month and a week after the ..... , mother of raju, bhoora singh, father of raju and co-accused km. aruna devi, sister of raju as being prosecuted under sections 302, 304b, 498a, ipc and section 4 of the dowry prohibition act. the trial judge has acquitted km. aruna but has convicted and sentenced the other appellants as under:--1. raja appellant both under section 302, i.p.c .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)ARBLR174(All)
..... kot ka pura and pallu ram for permanent injunction restraining them from infringing plaintiffs copyright existing in the art work, label and wrapper duly registered under the indian copyright act by using these in the art work involved in defendant's label and wrappers titled maingi's todha sweet, from infringing the trade name dodha house of ..... trade mark todha.3. the case set up by the plaintiff in the plaint is as follows. the plaintiff is a firm which was registerd under the indian partnership act and subhash chandra vig is one of its partners. the plaintiff is engaged in the business of manufacturing confectionary sweet-meats under the trade mark dodha and ..... urged that the court at ghaziabad has no jurisdiction to try the suit. in the suit as framed cause of action arising under the trade and merchandise marks act has also been joined for which the court has no territorial jurisdiction. sri sahini learned counsel for the plaintiff-respondents has submitted that the court ai ghaziabad .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1087
..... tahsildar was called for and tahsildar, hamirpur submitted the report on 23.4,2001. according to the said report the land in dispute is situate in between railway line and pailani road and is adjacent to pailani road and that the land in dispute at the time of inspection was found to be vacant and ..... determination of market value as applicable in land acquisition cases. simultaneously when proceedings are initiated after registration of the document under section 47-a(3) of the act market value has to be determined in accordance with general principles applicable for the said purpose like principles of determination of market value in land acquisition cases ..... quantum of compensation under land acquisition laws, exactly same principles shall apply for determining market value while deciding a case by collector under section 47-a stamp act.10. circle rates fixed by the collector for the purpose of payment of stamp duty do not form the basis for determining market value in land acquisition .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2589
..... 5. in paragraph 8 of the writ petition it is alleged that a reference under section 47-a of the indian stamp act was made by the sub-registrar, koil, aligarh to respondent no. 2, the a.d.m. (finance ..... hardship or possible injustice vide d.d. joshi v. union of india : (1983)iillj14sc .14. in bengal immunity company v. state of bihar : [1955]2scr603 , it was observed by the supreme court that if there is any hardship ..... 5.2003, a division bench of this court upheld the first proviso to section 56(1-a) of the indian stamp act even though it was a harsh provision, against this decusuib s.l.p. was filed but the same has ..... amendments relating to stamp duty.10. article 5(b-l) schedule 1-b of the indian stamp act, 1899, as substituted by u.p. act 22 of 1998 states :------------------------------------------------------------------------------description of instrument proper stamp duty------------------------------------------------------------------------------agreement or memorandum of an agreement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All332
..... nothing outstanding against the vendor in regard to the debt of rs. 61,600.7. learned counsel referred to section 63 of the indian contract act in support of his submission that it is always open to a creditor to relinquish any part of the debt and this having been ..... section 62 of the avas avam vikas parishad adhiniyam, 1965 as amended by section 12 of the u. p. local self-government laws (amendment) act, 1966 (act no. xxix of 1966), was applicable to the house sold. we need not, therefore, answer the second question.4. as regards the first ..... 62 of the avas avam vikas parishad adiniyam, 1965 as amended by section 12 of the u. p. local self-government laws (amendment) act, 1966 (act xxix of1966) read with government notification no. o-324 h/xxxvii-8(hb) 65 dated 29-3-1966 published in the u. p. ..... asthana, c.j.1. this is a reference under section 57 of the indian stamp act by the chief controlling revenue authority, viz., the board of revenue, uttar pradesh.2. admittedly, the vendor was .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1650; (2005)1UPLBEC118
..... in director, mandi pahshad v. sohan lal, 2003 alj 540, a division bench of this court held that when the petitioner has received compensation under the land acquisition act he cannot claim appointment in addition. the government order not being issued under a statutory provisions cannot have any statutory force. in bihar eastern gangetic fishermen co-opera- ..... made by the petitioner. it is stated that the g.o. in question is neither applicable nor workable and there is no provision in the lana acquisition act for giving a job. the agra development authority never entered into any agreement with the acquiring body or any other person in this connection. it is denied ..... from giving them compensation under the act a job has also to be provided. it is well settled that a mere direction in a judgment without laying down any principle of law is not a precedent vide delhi administration v. manohar lal, air 2002 sc 3088, indian council of agricultural research v. raja balwant singh college, 2003 (1 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All23
..... kidwai nagar yojna had come into existence much before the constitution of high power committee. further, the nagar nigam had entered into an agreement with another construction company, namely, eldeco as such, terminating the agreement of the petitioner is discriminatory and violative of arts. 14 and 19(1)(g) of the constitution.23. ..... had entered into an agreement for construction with the nagar nigam and had remitted certain amount of money as well. subsequently a dispute was raised by the indian army authorities with regard to the disputed plot, therefore, according to the petitioners the land in dispute was not handed over to the petitioners for construction ..... into crores of rupees, could not have been considered under the topic 'other subjects, subject to the permission of presiding officer'. section 105 of the act protects and act done or proceeding taken on account of any defect of irregularity in procedure affecting the substance. in the present case it is not mere irregularity or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All301
..... recognised by the law of a particular country.' 8. it was pointed out in j. k. charitable trust v. commr. of income tax : [1955]28itr110(all) , that although the indian trust act does not apply to charitable trusts, it was clear that three requirements for such a charitable trust are: (i) declaration of trust binding on the settlor, (ii) setting apart definite ..... attract article 64. it may be noted here that the word 'trust' is not defined in the stamp act. it may, therefore, be taken to have been used in the same sense as in the indian trusts act, 1882. section 1 of the indian trusts act provides that 'nothing hereinafter contained applies to public or private religious or charitable endowments'. it will thus be clear .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC6
..... paragraph 2 of the same that the writ petition is not maintainable as in respect of the same property the administrator general has moved an application before the company judge of this court which has been registered as testamentary case no. 5 of 2003. in that case this court on 29.1.2003 passed the following ..... every court, whether superior or inferior. it can be challenged in any court even in collateral proceedings.' 42. the supreme court also relied on its earlier decision in indian bank v. satyam fibres (india) pvt. ltd., air 1996 sc 2592, where it was observed that since fraud affects the solemnity, regularity and orderliness of the ..... ground that the property has not yet been transferred in the 'prescribed manner' to the account and credit of the government under section 51 of the administrators general act, 1963.in the meantime the collector, mirzapur is restrained from taking possession of any property of late sri bhairav .prasad jaiswal. list this case along with testamentary .....
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