Court : Allahabad
Reported in : 1998CriLJ2331
..... kushal pal singh reported in : air1931all443 it was observed that taking a thorough view the allahabad high court had interpreted section 195 of the old code and had observed that the bar applied only to those cases where the offences mentioned in that section were committed by a party as such to a proceeding in any court, in respect of a document, ..... state reported in : air1973sc1100 and held that the reasoning given by the supreme court while interpreting the provisions contained in section 195 (1) (c) of the old code could not be now availed of in interpreting the scope and ambit of the bar created by section 195(1)(b)(ii) of the new code against taking cognizance of an offence at the instance of a private complaint. ..... the court under section 340 of the new code has to see if it is expedient in the interest of justice that an enquiry should be made into the offences referred to in clause (b) (ii) of section 195(1) and which appear to have been committed in relation to a proceeding in that court, or, as the case may be, in respect of a document produced or given in evidence in proceeding in that court, it may make a complaint after preliminary enquiry. ..... according to the narrower interpretation, the bar of clause (c) would apply only to those cases where the offences mentioned therein are committed in regard to documents produced or given in evidence in a proceeding. ..... such an interpretation would also be in accordance with the grammar of the aforesaid clause. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1280
..... general clauses act for the purpose of interpreting meaning of the word 'commencement' in ..... general clauses act and there being no inconsistency in the two definitions, in order to interpret meaning thereof, it is not necessary to refer to the expression used in section 5 ..... as those posts which were subject to reservation under the government orders on the date of commencement of the ordinance, were included within the ambit of reservation while those mentioned in other clauses are being sought to be interpreted by mr. ..... pandey (supra), cannot be interpreted to mean to have modified the decision and had affirmed only to the appointment of professor excluding readers ..... this was interpreted in the ..... section 15 of the act 4 of 1994 provides a saving clause with the expression '(1) the provisions of this act shall not apply to cases in which selection process has been initiated before the commencement of this act and such cases shall be dealt with ..... admittedly, in section 15 while providing savings clause, it is provided that ' the provisions of this ordinance shall not apply to cases, in which selection process has been initiated before the commencement of this ordinance and such cases shall be dealt with ..... (c) a penal referred to in clause (a) or clause (b) shall be revised after every three years.explanation 1-for the purposes (c)f this sub-section, a branch of subject in which a separate course of study is prescribed for a post graduate degree or for part-i or part-ii thereof shall be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All96; 1971CriLJ354
..... the question raised before this full bench depends upon the interpretation of clause 14 of the u. p. ..... of the question where the offence was committed or where the cause of action for a suit ensued, what has to be seen while interpreting the first proviso to clause 14 is as to which are the cases that arise in oudh for purposes of exercise of jurisdiction by the new high court. ..... rex : air1952all550 it was held by a division bench sitting at lucknow as follows:--'our reading of the article''-- that is clause 14, 'is that in the scheme of the high courts amalgamation order the new high court is to consist of, so to say, two divisions, one division consisting of such judges of the new high court not less than two in ..... the dispute cropping up originally in oudh, an interpretation which does not appeal to me. ..... the submission is that such an interpretation would militate against the provisions of article 214 of the constitution which provides that there shall be one high court in a state the amalgamation order was passed before the present constitution was ..... the first proviso to clause 14 therefore, provided that notwithstanding the main clause of clause 14, in cases arising in such area in oudh as the chief justice may direct, the judges sitting at lucknow shall alone ..... in view of the first proviso to clause 14, it must be held that the judges or the bench sitting at lucknow was to exercise jurisdiction of the new high court in respect of cases arising in such area in oudh as the chief .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... union of indida (198l) 4 scc 675 : (air 1981 sc 2138), the supreme court dealing with constitutionality of economic legislation succinctly stated the principle of interpretation thus :'the court must always remember that 'legislation is directed to practical problems, that the economic mechanism is highly sensitive and com-plex. ..... the proprietor of a cinema may realise from the person making payment for admission to an entertainment in such cinema,-- (a) an extra charge of twenty five paise which shall be utilised for maintenance of the cinema premises : sub-section (i) clause (a) thus entitles the proprietor of a cinema to realise from the viewers an extra charge of twenty five paise, which was later enhanced to rupee one per ticket for maintenance of cinema premises. ..... he submits that the words 'extra charge'occurring in the proviso to sub-section (1) of section 3-a, are not in the nature of 'tax' within the meaning of definitional clause (p) of section 2 of the act and, therefore, the proviso is not a part of the taxing statute and that being so, that, need not be interpreted in the perspective of a taxing statute. ..... the contantion since by deeming clause amount permitted to be charged, would not be treated to be entertainment, hence not a tax or it is a fee not a tax to which we are not adjudicating would make no difference in interpreting this provision as that of a taxing statute. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1199; (2001)2UPLBEC1806
..... the executive power of the state under article 154 of the constitution, vests with the governor which shall be exercised by him either directly or through orders subordinate to him in accordance with this constitullon- clause (21 of article 154 of the constitulion provides that nothing in this article shall be deemed to transfer to the governor any functions conferred by any existing law or any other authority or prevent the parliament or the legislature of ..... settled principle of law that while ' interpreting the constitution and its provisions, the same standards are adopted which are otherwise adopted in interpreting a statute under article 367(1) of the constitution which specifically deals with the interpretation of the constitution provides that unless the context otherwise requires, the general clauses act. ..... the apex court observed as follows :'even though a liberal interpretation may be given, the interpretation cannot be one which gives a right which the legislature clearly did not intend to ..... , subject to any adaptations and modifications that may be made therein under article 372, apply for the interpretation of the constitution as it applies for the interpretation of an act of the legislature of dominion of india.46. ..... the second enforces them and the third interprets them though sometimes their functions may be overlapping in this sense all the three organs together constitute the government at their respective level.after considering the articles 79 and 53(1), 154(2), .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All900
..... option to apply', or as 'the entire decretal amount shall become payable', or as 'the entire decretal amount shall become due', or as 'the judgment-debtor shall pay the entire decretal amount', as in all such cases the default clause is to be interpreted liberally and for the benefit of the decree-holder and the rights of the decree-holder mentioned by us in our answers to questions 1 and 2 will not be affected. ..... option to apply' or as 'the entire decretal amount shall become payable', or as 'the entire decretal amount shall become due', or as 'the judgment-debtor shall pay the entire decretal amount', as in all such cases the default clause is to be interpreted liberally and for the benefit of the decree-holder and the rights of the decree-holder mentioned by us in our answers to questions 1 and 2 will not be affected. ..... to my mind in an instalment decree with a default clause the question for consideration is whether on a true interpretation of the decree after a default is made the only cause of action surviving to the decree-holder is the cause of action based on the default clause or the causes of action for payment of instalments on the dates fixed survive even though default may have been made and the whole amount may have become recoverable. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All173; (1998)3UPLBEC1675
..... section 12 itself is indicative of the fact that it is a high-powered committee which includes chief justice of this court or a judge of the high court nominated by him, a representative of the, executive council elected under clause (a) and one person nominated by the chancellor (governor of the state), thus, the legislature has provided that the selection of the vice-chancellor should be on the basis of recommendation made by the committee, which is constituted of ..... the university, has submitted that the provisions contained in section 12(6) of the act are different from section 66 and they deal with different situations and provisions of section 12(6) should be interpreted in the light of the context it has been enacted and placed in the statute book. ..... it has been submitted that sub-section (3) of section 64 should be read and interpreted in the light of the marginal note which provides the context and reference in which section 64 has been enacted and section 64(3) is not means for general application to all ..... there is no doubt about the legal position that for interpreting a provision of law internal aid or external aid is taken only when there is some ambiguity and the provision can ..... in sub-section (2) of section 12 of the act should be construed and interpreted in the light of section 3 of the act. ..... as for determining this question interpretation of section 64 of the act is involved, and the question goes to the very root of the matter, it would be appropriate to reproduce .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC496
..... the jurisdiction of special appeal which was being exercised by the high court prior to issue of amalgamation order, 1948 has been continued by virtue of clauses 7 and 15 of the amalgamation order, hence by force of clause 17(a) of the amalgamation order, the letters patent continued and governed the field of special appeal since the amalgamation order did not bring any change with ..... padia that clause 10 of letters patent of patna high court as interpreted by apex court in central mine ptanning's case (supra) has to be held laying down that special appeal is maintainable even against the order of labour court, it is relevant to note that apex court in central mine planning's case (supra) was not considering the question of maintainability of special appeal under chapter viii, rule 5 of the allahabad high court rules as clause 10 of the letters ..... laid down in paragraph 2 of the aforesaid judgment that by operation of the above enactments, the power to entertain letters patent appeals under clause 10 of letters patent dated march 17, 1866 read with clause 17 of high court (amalgamation) order, 1948 in respect of the enumerated subjects mentioned therein stands taken away. ..... if in deciding the matter, in the final order the court gives ancillary directions which may pertain to article 227, this ought not to be held to deprive a party of the right of appeal under clause 15 of the letters patent where the substantial part of the order sought to be appealed against is under article 226. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All8; [1996(73)FLR1191]
..... applying the principle of these decisions, that a contemporaneous expositio by the administrativeauthorities is a very useful and relevant guide to the interpretation of the expressions used in a statutory instrument, we think the assessee's contention that this products fall within the purview of item 26aa should be upheld.'8. ..... (3) any officer or other employee of the transferor bank who does not want to hold his office or service in the transferee bank under pub-clause (2) shall be entitled to leave his office or service on the same terms and conditions and with the same rights to pension, gratuity and other matters as would have been admissible to him if me undertaking of the transferor bank ..... below these cases are of no assistance to the appellants; (i) the first case was decided as if it was a simple case of iransfer/ deployment of the employees and arguments about necessity of the placement scheme by the central government under clause 5 (4) of the scheme, was neither raised nor decided in that case; and (ii) it is true that in the second case the argument based on clause 5(4) of the scheme was raised and the high court held that p.n.b. ..... the criteria and the principles for deployment laiddown by order dated 16-9-1993 are different and are in fact contrary to the criteria anc the principles laid down in clause 3 of the placement scheme of the central government, which has already been reproduced before. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All320
..... the decision in the case turned upon the interpretation of clause (e) of rule 9 (xi) of chapter i of the then rules of this court (1931) under which the registrar had the power to send the decrees and other ..... this brings us to the next point involved in the case, namely, the one relating to the interpretation of the proviso to rule 90 of order xxi of the code, which has already been extracted in ..... 90 was heard by the civil judge on this preliminary point raised on behalf of the decree-holders and rejected on account of non-compliance with the provisions of clause (b) of the aforesaid proviso within thirty days of the sale under his judgment, against which the appellants have filed the other appeal. no. ..... , 50 of 1960 is concerned, it will have to be allowed in so far as the civil judge could not dismiss the objection filed by them under rule 90 for non-compliance of clause (b) of the first proviso within the prescribed period of limitation prescribed for the filing of the objection under rule 90.42. ..... the decision in the case, therefore, rests upon the interpretation of section 39 which vests jurisdiction in a court to transfer a decree for execution to any other court and it is in the light of the provisions of this section that rules 5 and 8 of order 21 of the code ..... when the appellants filed their objection under rule 90 aforesaid, they did not deposit any amount under clause (b) of the aforesaid proviso, nor did they furnish security or obtain exemption from the court under .....
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