Judgment Search Results Home > Cases Phrase: interpretation clause Court: allahabad Page 21 of about 12,049 results (0.028 seconds)

Bank of Baroda Through Its Senior Manager (Administration) Vs. Control ...

Court : Allahabad

Reported in : [2008(118)FLR330]; (2008)IIILLJ842All

..... the only pointed mooted by the learned senior counsel for the petitioner is that on a correct interpretation of clause 8 of the amalgamation scheme, the employees of ebsbl who have not completed three years in service after the date of amalgamation will continue to be governed by the service conditions as applicable to the employees of the banaras ..... of corresponding rank or status of the transferee bank subject to the qualifications and experience of the said employees of the transferee bank;provided....the submission of the learned counsel for the petitioner is that under sub-clause (3) of clause 8 a three years holiday period has been provided for to the petitioner bank to pay or grant to the employees of bsbl whose services are continued in petitioner bank, the same remuneration and accord the same ..... evidently, the controversy centres round the clause 8 of the amalgamation scheme and it is apt to reproduce it:rights and obligations of the employees ..... before three years period as provided for in clause 8(1) of the amalgamation scheme, shall continue to be governed by the service conditions as applicable to the employees of the banaras ..... under sub-clause 3 of clause 8 a period of three years time has been provided for to the bank of baroda to pay or grant to the employees of ebsbl whose services are continue in the bank of baroda the same remuneration and ..... under clause 8(3), the maximum period of three years has been provided, as a transitory period, but it does not mean that .....

Commissioner of Income-tax Vs. Jethanand Bhatia

Court : Allahabad

Reported in : (1998)149CTR(All)513; [1998]234ITR843(All)

..... , the income-tax appellate tribunal referred the following question relating to the assessment year 1976-77 for the opinion of this court :'whether, on the facts and in the circumstances of the case and on the proper interpretation of clauses 9 and 10 of the instrument of partnership, the appellate tribunal was justified in law in holding that the assessee-firm was entitled to registration and in directing the income-tax officer to register the assessee-firm ..... from a reading of the aforesaid clauses, the assessing officer was of the view that no partner was permitted to carry on any contract work in his own name ; that the contract from the m. e. s. ..... with the consent of other partners and, therefore, there was no violation of clause 10 of the partnership deed. ..... from a conjoint reading of clauses 9 and 10 of the partnership deed dated august 1, 1964, it clearly appears that no partner was permitted to carry on any other business on his own account except with the consent of other partners. ..... by any partner after the formation of this partnership firm shall be treated as that of this partnership firm, and profit and loss of the said work shall be divided amongst the partners according to their shares as defined in clause 14 below. 10. ..... clauses 9 and 10 of the instrument of partnership dated august 1, 1964, are as follows :'9. .....

Daurala Sahkari Ganna Vikas Samiti Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [2000(86)FLR637]; (2002)IVLLJ752All

..... both sides contended that the decision depends on the interpretation of clauses 3 and 5 of the said government policy as quoted in the impugned order. ..... in view of aforesaid, as the workmen concerned, admittedly, superannuated, did satisfy the said requirement and were governed by clause 3 of the said policy. ..... clause-5 of the said policy deals with the workmen, who were still working on the date of issuance of the said government order and for them the date of application of the revised pay is december 1, 1988.6. ..... clause 3 read with the opening words of the said policy clearly shows that such seasonal workmen, who were not in employment on the date of issuance of the government order, i.e. .....

Nirmala (Smt.) Vs. U.P. State Election Commission and ors.

Court : Allahabad

Reported in : (2001)2UPLBEC1055

..... on proper interpretation of clause (6) of schedule ii, it appears that the proper procedure which should have been followed in the instant case after elimination ..... a separate sub-parcel of all the exhausted papers; and(c) see whether any of the continuing candidates has, after such transfer and credit secured the quota.if, when a candidate has to be excluded under clause (a) above, two or more candidates have been credited with the same number of votes and stand lowest on the poll, exclude that candidate who had secured the lowest number of first preference votes, and ..... if that number also was the same in the case of two or more candidates decide by lot which of them shall be excluded.all the sub-parcel of exhausted paper referred to in clause (b) above shall be set apart as finally dealt with and the votes recorded thereon shall not thereafter be taken into account.'4. ..... 5 who has fairly submitted that in the instant case, proper procedure under clause (6) of schedule ii has not been followed namely, the decision by lot has not been taken by the ..... the said clause (6) of schedule ii is set out here-in-below :'(6) if at the end of any count, no candidate can be declared elected :(a) exclude the candidate who up to that stage has been credited with the lowest number of votes :(b) ..... the view that the returning officer had committed gross illegality in not following the procedure which was incumbent upon him to follow under clause (6) of schedule ii of u.p. .....

Govind Printing Works and anr. Vs. U.P. State Handloom Corporation Ltd ...

Court : Allahabad

Reported in : 2007(4)AWC3513

..... any construction or interpretation of clause (b) which permits banking company to recover a loan, advance or credit which has not been given under state sponsored scheme by taking recourse of the provisions of the act must be rejected otherwise the act itself would ..... if the local agent of the bank has erroneously assumed jurisdiction and has sent a certificate even though the case is not covered by clause (b) of sub-section (1) of section 3, the recovery proceedings initiated by the collector can be challenged in proceedings under article 226 of the constitution, it is true that exercise of jurisdiction under article 226 of the constitution is discretionary in nature and the ..... in full bench decision of this court of sharda devi (supra), it has been held by the full bench of this court that clause (b) must be confined to only such loans, advances or credits which have been given by a banking company under a state sponsored scheme ..... therefore, if the borrower is not such a person who may satisfy the requirements of various clauses of sub-section (1) of section 3, no certificate can be sent to the collector to recover the amount under the provisions of the act ..... though according to respondents clause 20 of the agreement states that money can be recovered as arrears of land revenue but this is a case where the amount is not quantified even the respondents are not sure what amount is to be recovered from the ..... now under clause (11) of the agreement itself, there is a provision for .....

Shambhu Nath Mangru Ram Vs. Cit

Court : Allahabad

Reported in : [2003]131TAXMAN251(All)

order1. this is a reference under section 256(1) of the income tax act in which the following questions of law have been referred for our opinion :'1. whether on the facts and in the circumstances of the case, and in particular on the interpretation of clause 2 of the deed of partnership dated 31-7-1980, the income tax appellate tribunal was right in holding that the firm stood dissolved on the death of smt. patti devi, who was one of the partners of the firm ?2.whetheron the facts and in the circumstances of the case, the income tax appellate tribunal was right in holding that the income of the periods before and after the death of smt. patti devi cannot be clubbed ?'2. it appears that a partner of the firm smt. patti devi died in the relevant assessment year. there was nothing in the partnership deed to the effect that the partnership will continue even after the death of a partner. hence in view of section 42 of the partnership act the firm stood dissolved and there have to be two assessments vide cit v. empire estate : [1996]218itr355(sc) .3. we, therefore, answer the questions referred to us in the affirmative, i.e., in favour of the assessee and against the department.

Mt. Tulsha Devi Vs. Shah Chironju Lal and ors.

Court : Allahabad

Reported in : AIR1943All1

..... those circumstances that, in order to set the doubt at rest so far as this court and the courts subordinate to this court are con-corned, the rule should be so amended as not to leave any doubt as to the true interpretation of clause (2) of rule 1, of order 40, civil p. c. ..... the answer to the question whether clause (2) of rule 1 of order 40 has application only to properties in the possession of third parties or is also applicable to properties in the possession of one of the parties to the litigation, is beset with considerable difficulty and there is considerable divergence of judicial opinion on .....

Arvind Kumar Prasad, and ors. Vs. the State of Bihar, and ors.

Court : Allahabad

..... it appears that patna university, as it was then, has not given the correct interpretation to clause 12 (ii) of the 1977 regulation. ..... annexure-1 is purported to have been issued under clause 12 of the regulation for the bachelor of science (engineering), bachelor of technology (production engineering) and bachelor of architecture examinations, 1977 (hereinafter referred to as the 1977 regulation). ..... on perusal of sub clause (ii) of clause 12, it appears that a candidate who is promoted and has failed in three papers or less, would be permitted to appear in the next examination held for those papers and would also be permitted to take admission in the higher class, ..... clause 12 of the 1977 regulation reads as follows:-12 (i) if at any examination, a candidate passes in sessional work but fails in not more than three subjects he may be promoted to the next higher class, such candidate shall be required to appear and .....

Ram Prasad Vs. Abdul Karim

Court : Allahabad

Reported in : (1887)ILR9All513

..... . the word shufaa is a technical arabic legal expression, and, as such, i cannot read that clause of the wajib-ul-arz as if no such word existed, and in interpreting that clause i would attach to the word shufaa such meaning and all those incidents which it possesses under the muhammadan law ..... . i am entirely of the same opinion, but only wish to add, with reference to the language of the wajib-ul-arz, clause 14, that the word shufaa is used .....

Ram Asrey and ors. Vs. Labour Court Ii and anr.

Court : Allahabad

Reported in : (1991)IILLJ427All

..... therefore, these words of limitation must receive their due share in the interpretation of clause 10 and clause 10 cannot receive such a construction as to make the words of limitation wholly redundant.'6. ..... these are words of limitation and they must cut down the operation of the clause. .....