Court : Allahabad
..... that day at lincoln memorial placed him in the rank of lincoln and franklin. said historical march led to enactment of the civil right act, 1964, voting right act, 1965 and fair housing act, 1968. for the first time, after more than a hundred and fifty years of independence, it ended discrimination against the racial, ethnic, rational, ..... under the law to the police and in case of refusal, may make appropriate application before the appropriate court of criminal law by way of applications under sections 155 or 156 of the criminal procedure code. similarly, in case the parents or relatives, find that illegally their son or daughter was eloped for the purpose of ..... the maximum they can do is that they can cutoff social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. we, therefore, direct that the administration/police authorities throughout the .....
Tag this Judgment!Court : Allahabad
..... as has been done in the present case. variety of functions to be performed by the board has been provided for under section 32 of waqf act 1995 and other provisions of the act. under section 32 of the act in question, the general superintendence of all waqfs in the state vests in the board established in the state and it is ..... variety of powers has been assigned to the board and it is practically impossible for the board to supervise the functions of large number of waqf under section 32 of waqf act 1995 and other sections. delegation, as there are 99,000 waqfs is not a matter of mere convenience, rather it is necessity, as power/authority vested in body of ..... 13.6.2013. the bare perusal of inquiry report shows that the allegations against the mutawalli are very serious and deserves scrutiny. let a show cause notice under section 64 waqf act 1995 be issued to the mutawalli giving 15 days time to submit his reply to show cause notice. fixing 26.9.2013 for personal hearing. notice be send .....
Tag this Judgment!Court : Allahabad
..... far as the involvement of the revisionists in the alleged offence is concerned, it is noteworthy that the accused persons are facing trial under sections 304-b and 498-a, ipc and sections 3/4, dowry prohibition act. section 304-b, ipc provides that: 304b. dowry death(1) where the death of a woman is caused by any burns or bodily ..... learned additional sessions judge was fully justified on the basis of the statement available before him to summon the revisionists to face trial under section 304-b, 498-a, ipc and sections 3/4, dowry prohibition act. it is not at all necessary for the sessions judge to see at the time of summoning the accused persons that whether any ..... dowry death and such husband or relative shall be deemed to have caused her death. explanationfor the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not .....
Tag this Judgment!Court : Allahabad
..... , we restrict ourselves to examine the challenge to the conduct of e-auction. recovery of debts due to banks and financial institutions act, 1993 (for short 'the act') confers power under section 29 of the said act with the debt recovery tribunal to sell the property of the certificate debtors in terms of 2nd and 3rd schedules to the income ..... . these considerations which govern the sale of public property have been held to be applicable to a sale of property by the state financial corporations under section 29 of the act in mahesh chandra case. in that case this court has held that sale by public auction is universally recognised to be the best and most fair ..... the record. the petitioners, by this writ petition have challenged the e-auction notice dated 25/8/2013, issued by the bank exercising its power under section 13 (4) of the act, 2002. the petitioners as noted above, had earlier filed writ petitions being writ petition nos.38482/2013 and 38483/2013,challenging the notice issued by the .....
Tag this Judgment!Court : Allahabad
..... the repealed statute." the apex court in the above case has laid down that section 6 of the act,1897 applies only if a different intention does not appear in the repealing act. in kalawati devi harlalka vs. the commissioner of income-tax, west bengal and ors, air 1968 sc 162, on january, 24, 1963, the commissioner of income tax, ..... west bengal issued a notice to the appellant for revision of assessment under section 33b of the indian income tax act, 1922. the said notice was challenged. the assessee protested before the commissioner that ..... appellate authority cannot be relied due to above reason also. as noticed above, the law being well settled that the vesting of land under sub-section (3) of section 10 of the act, 1976 is not sufficient to vest the land in the state unless it is further established that the state has taken possession of the land in .....
Tag this Judgment!Court : Allahabad
..... all inasmuch property is not being devolved upon them by succession but is coming through a 'will'. it cannot be said to be violative of section 14 of the hindu succession act, 1956 (hereinafter referred to as "act, 1956"). therefore, if limited right or interest is construed to have been conferred upon wife and elder daughter, so as to give effect to all ..... kumar singh, advocate, for the appellants and sri r.k. jain, learned senior advocate assisted by sri saurabh raj srivastava, advocate for the respondents. 2. this is defendants' appeal under section 100 c.p.c. which has arisen from the judgment and decree dated 7.2.2013 passed by sri nand lal, additional district judge, court no. 8, allahabad (the lower .....
Tag this Judgment!Court : Allahabad
..... compared to the physical disabilities which are enumerated in the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (`disabilities act' for short). but if any of the disabilities enumerated in section 2(i) of the disabilities act are the result of injuries sustained in a motor accident, they can be permanent disabilities for the purpose of claiming compensation. the ..... some injuries. she sustained grievous injuries of fracture of both the legs and kulha and further a report was lodged on 12.1.2003 as crime no. 36/03 under sections 279, 337, 338, 427 i.p.c. against unknown driver of the said jeep. further she was taken to p.h.c. mohamdi and after giving her first aid she .....
Tag this Judgment!Court : Allahabad
..... 31/3/1999, central government has invested the railway board with all the powers and functions of the central government under sections 30 and 31 of the railways act, 1989. section 2 (35) of the act, 1989 defines "rate". section 2 (35) is as follows: "2(35) "rate" includes any fare, freight or any other charge for the ..... penalty for demurrage/wharfage charges, railway board cannot prescribe any penal demmurage/wharfage by fixing rates of demurrage/wharfage charges. the power under sub-section 2 of section 30 of the act, 1989 empowers the central government only for fixing of rates which power cannot be exercised for fixing penal rates for demurrage/wharfage charges. the ..... /partnership concern involved in the trading of coal and are importing coal from outside the state of u.p. through railway wagons. section 30 of the railways act, 1989 (hereinafter called the "act, 1989") authorises the railway board to notify rates of demurrage and wharfage from time to time and to revise the same. rates .....
Tag this Judgment!Court : Allahabad
..... rule 1 of order xxiii. the principle underlying the above rule is founded on public policy, but it is not the same as the rule of res judicata contained in section 11 of the code which provides that no court shall try any suit or issue in which the matter directly or substantially in issue has been directly or substantially in ..... air 1953 sc 274, hon'ble supreme court has has been laid down that each word, phrase or sentence is to be construed in the light of purpose of the act/rule itself. keeping the abovesaid facts and admittedly in the instant case, the advertisement for appointment on the post of in question has been issued as per the provisions as ..... of the writ petitions. rule 1 of order xxiii of the code provides for the withdrawal of a suit and the consequences of such withdrawal. prior to its amendment by act 104 of 1976, rule 1 of order xxiii of the code provided for two kinds of withdrawal of a suit, namely, (i) absolute withdrawal, and (ii) withdrawal with the permission .....
Tag this Judgment!Court : Allahabad
..... central government or as the case may be, by the state level environment impact assessment authority, duly constituted by the central government under sub-section (3) of section 3 of the said act, in accordance with the procedure specified hereinafter in this notification." schedule to the notification item i(a) deals with mining of minerals. item ..... moef, which are as follows: "4.0 issues and recommendations 4.1definition of minor mineral: the term 'minor mineral' is defined in clause (e) of section 3 of mmdr act, 1957 as: '3(e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes and any other ..... judgment and object which is sought to be achieved. it is to be noticed that separate rules have been framed namely: the mineral conservation and development rules, 1968. rule 31 of the aforesaid rule provides for protection of environment. rule 31 is quoted below: "31. protection of environment.-every holder of a prospecting .....
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