Judgment Search Results Home > Cases Phrase: interpretation clause Court: allahabad Page 24 of about 12,049 results (0.049 seconds)

Chedi Vs. Emperor

Court : Allahabad

Reported in : AIR1932All187; 140Ind.Cas.116

..... i am in perfect agreement with the way in which clause (2), section 3 is interpreted by the learned assistant government advocate. ..... the present trial proceeded on the report of a sub-inspector of police, and it is argued that a sub-inspector of police is not an excise officer within the meaning of section 3, sub-clause (2) of the act. .....

Dan Singh Bist Vs. Additional Collector, Bijnor and ors.

Court : Allahabad

Reported in : AIR1960All152

..... was just the opposite, and he emphasised that the judgment given in a letters patent appeal came clearly and without any ambiguity within the language of clause (b) of section 114 and that there was no valid ground for the interpretation that the order mentioned in that section must be an order which is provided by the code. .....

Sehat Ali Khan and anr. Vs. Abdul Qavi Khan and ors.

Court : Allahabad

Reported in : AIR1956All273

..... the existing high courts (which term included the erstwhile allahabad high court and the chief court in avadh).reference has to be made to the letters patent of the high court in allahabad in order to interpret the jurisdiction conferred by clause 7 of the amalgamation, order and, in this case, the appeal to the division bench lies from the judgment of a learned single judge in the two connected second appeals as to result of the ..... in so far as and to the extent to which they may be expressly excluded by such special or local law and the remaining provisions of the limitation act would not apply.the effect of the other interpretation, by which the scope of the second part is limited to cases covered by the first part, can be consider-ed in two different aspects: one aspect arises on the view that, even apart from section ..... judgment appealed from could pot be deducted in computing the period of limitation prescribed for an appeal under clause 10 of the letters patent.the judgment just expressed the opinion and did not state the reasons possibly for the simple reason that the very language of the rule itself, as interpreted by me above, indicated that the period laid down in the rule was the final period and ..... this act contains no such saving and their lordships would be legislating and not interpreting the statute if they were to introduce it.it was said that the clauses in the general statute, act 14 of 1859 (the indian limitation act) relating to disabilities might be imported .....

Subhash Chandra and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1150

..... 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of article 233, and we do not think that clause (2) of article 233 can be interpreted in the light of explanations added to articles 124 and 217. ..... it is also argued that expression 'has been for not less man seven years an advocate' is to be interpreted and read as--'an advocate', who continues to be as such throughout 'selection process' including recommendation by the high court ..... even assuming for the sake of argument, that there may be some scope to interpret article 233(2) as suggested on behalf of the respondents, we shall prefer to assign the meaning which is more practical, pragmatic and serves the purpose ..... in para 17 of this very judgment the court observed :'........courts can and must interpret words and read their meanings so that public good is promoted and power misuse is ..... asher, (1949) 2 all er 155 (ca), lord denning advised a purposive approach to the interpretation of a word used in a statute and observed :'............it would certainly save the judges trouble if acts of parliament were drafted with divine prescience and perfect ..... gupta that word 'bar' used in rule 6 should be interpreted in the light of rule 5(a) which makes eligible for appointment as direct recruits, advocates or pleaders of 7 years standing, irrespective of the question, as to whether on the relevant date they were practising or not, in our opinion, is unsound and must .....

Durgeshwar Dayal Seth Vs. Secretary, Bar Council, Allahabad and ors.

Court : Allahabad

Reported in : AIR1954All728

..... words, 'the high court of judicature at allahabad' are used in the act they may be interpreted to refer to the new high court but it is quite a different thing to say that whatever the old high court was required to do has to be done over again by the new high court as the result of this interpretation and clause 17 (c).the provisions of the act which require the high courts to which, it applies, ..... 'subject to any provision that may be made on or after the appointed day with respect to the new high court by any legislature or authority having power to make such provision' (see clause 18).as the amendment act has been held to be 'ultra vires' and as no other provision has been made by any legislature or authority having power to make such provision, the amalgamation order ..... ' therefore those provisions are not affected at all by clause 17 (c) and there arises no question of the new high court's doing again or afresh what the old high court was required to do; the clause simply interprets the words 'the high court of judicature at allahabad', ..... ; for the clause ought to be regarded as a last resource, a witness to the imperfections of human expression and the fallibility of legal draftsmanship.it has been shown that if each legislative power is given its widest meaning, there is a common territory shared between them and an overlapping of jurisdictions is the inevitable re-suit; and this can only be avoided if it is reasonably possible to adopt such an interpretation as would assign .....

Dr. Vinod NaraIn Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1996CriLJ1309

..... in view of the discussions made above, in our opinion , the code does not envisage disposal of the bail application same day and in that situation to release the accused on personal bond except sub-clause (2) of section 437 where the magistrate if comes to the conclusion that charges levelled against the accused do not make out any non-bailable offence only in that event the accused certainly can be released ..... issuance of such direction is not only contrary to law but also amounts to innovation of law by the court under the garb of interpretation, which certainly is not the function of the court, and therefore the view taken in noor mohammad's case (supra) be maintained overruling the dictum laid ..... sri rakesh dwivedi, learned additional advocate general, uttar pradesh contended that except the cases falling within the purview of sub-clause (2) of section 437 of the code, ,in the cases of heinous offences it cannot be possible for investigating agency to collect all relevant materials within twenty-four hours, such as in the cases punishable under ..... those rulings do not add anything to those constitutional provisions but a broader interpretation of those provisions has so rightly been projected by the hon'ble apex ..... this provision is further expanded by the apex court while interpreting this clause in sheela barse v. ..... in former case, the word 'life' occurred in article 21 has been interpreted and the same has been construed to be a life of dignity as a civilised human being and not .....

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

..... a state is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list, then, subject to the provisions of clause ( 2 ), the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the ..... in rakesh kumar sharma (supra), the division bench has not considered and interpreted the word, 'state government' incorporated through amendment in section 11 of the ..... of constitutionalism underpins the principle of legality which requires the courts to interpret legislation on the assumption that parliament would not wish to legislate contrary ..... previously given by the department of personnel that department shall be consulted on all matters involving (a) the determination of the methods of recruitment and conditions of service of general application to government servants in civil employment, and (b) the interpretation of the existing orders of general application relating to such recruitment or conditions of service. ..... noted that in the case of jayantilal amrit lal shodhan (supra), the question before the hon'ble supreme court was to interpret the word, 'function' as contained in article 258 (1) of the constitution of india and it does not relate to interpretation of statutory enactment made by the legislature. .....

Savitri Devi Vs. Rajul Devi and ors.

Court : Allahabad

Reported in : AIR1961All245

..... act were 'any judgment, decree or final order', and it was argued that the absence of the qualifying word 'final' before the word 'judgment' and its removal from the governing position occupied by it in clause 39, had the effect of enlarging the scope of judgments which could be appealed against so as to include not only final orders but also preliminary or interlocutory judgments within the purview of section 205(1) of the ..... 'decision' of the lower court by which certainly, an interlocutory order of that court is not meant, this appears to me to be another indication that orders, not terminating the suit or proceeding, are not contemplated by clauses (a) and (b) of article 133(1) and that by the use of the words 'judgment, decree or final order', nothing more than 'decree or final order' has been included.' (pp. 429 and 430). 64 ..... in : [1953]4scr1159 , while interpreting the meaning of the word 'judement' in clause 15 of the letters patent of the calcutta high court, their lordships held that an order of transfer made under clause 13 of the letters patent is not a judgment within the meaning of clause 15 of the letters patent, and is not appealable, as such an order neither affects the merits of the controversy between the parties in the suit itself nor does it terminate or dispose of the ..... their lordships of the privy council had occasion to interpret the meaning of the words 'final judgment' in the 39th clause of the letters patent of the high court of bombay in air 1923 pc 148 .....

Zamir Qasim and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1944All137

..... it is needless to observe that an interpretation of a clause in a statute that is productive of such confusion and inconvenience cannot, in the absence of compelling phraseology, be ..... court can, in an appeal from a conviction, alter the finding of the lower court and find the appellant guilty of any offence of which he may have been acquitted by that court.it is permissible to observe that this interpretation of the scope of section 423(1)(b) is based upon the assumption that the words 'alter the finding' are words of unrestricted scope and not upon an analysis of the language of the statute in its context. ..... if it were intended that the word 'alter' should not include a reversal of an acquittal in the sense in which it is used in the illustration above, nothing was easier than for the legislature to have inserted a clause in section 423 similar to clause (4) in section 439.secondly, the result of any such reading would lead to such remarkable result that i doubt if the legislature would ever have contemplated any such reading at all.thirdly, it seems to me that the ..... 19 can furnish no clue to the construction of section 423, which defines the powers of appellate courts and, in particular, those provisions can be no guide to the interpretation of the words 'alter the finding,' as a trial court records either a finding of conviction or of acquittal and is not concerned with the alteration of one finding into ..... whole question turns upon the true interpretation of this sub-clause. .....

Girjanandan Vs. Hanumandas

Court : Allahabad

Reported in : AIR1927All1

..... the reasons i have given i find myself in no doubt as to the conclusion at which i should arrive, that is, that where the legislature, if it so desired, could have and ought to have expressed its intention beyond doubt, i have no right to interpret this act, ignoring the ordinary presumption, so as to give it a retrospective effect.92. in accordance with the opinions of the majority of judges composing the full bench the answer to the first question referred is that act 27 of 1926 is ..... the further fact that act was confined in its operation to these provinces in the first instance and for a limited period makes it quite clear that the law as interpreted by the other high courts and affirmed by the privy council was to be left unaltered unless the governor-general by notification extended the operation of the act to those ..... . in view of all these points which deserve consideration, and in view of the wide effect which the interpretation of this new act is likely to have on all transactions since 1915 entered into throughout india, it seems desirable that there should be an authoritative pronouncement by a full ..... firstly, the preamble can only affect interpretation of an operative clause where that operative clause is in itself of doubtful import ..... . it is the universal practice when interpreting a new act; any clause of which gives rise to any difficulty to consider the act whose place it takes, and i am not aware that the correctness of this practice has ever been .....