Court : Allahabad
Reported in : AIR1961All531; 1961CriLJ586a
..... think the words of clauses (a) and (b) of section 7 of the criminal law amendment act are capable of this interpretation and as this interpretation is not only consistent with the object of the enactment but it also harmonises section 7 of the criminal law amendment act with the constitution, this interpretation should be preferred. ..... of article 19 of the constitution, for they are to be read along with the rights mentioned in (a), (b) and (d):- '(2) nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the security of state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court ..... if all the provisions of section 7 of the criminal law amendment act are interpreted in the background of this purpose, we find no disharmony between the constitution and the criminal law ..... as the question raised in this petition was a substantial question of law as to the interpretation of the constitution and the determination of which was necessary for the disposal of the case, it was withdrawn and the matter came before us. ..... we, therefore, feel that the word 'loitering' should be interpreted not merely as an act of hanging round, but where there is an element of menace in this hanging round and only this aspect of loitering has been made .....
Tag this Judgment!Court : Allahabad
Reported in : (1966)ILLJ597All
..... prior to 13 november 1957 granting leave with wage in excess of what is prescribed in the factories act, such leave shall be adjustable towards the quantum of sick and casual leave allowed under this clause:provided that the employer shall not curtail any excess leave under the faotories act after adjustment of sick and casual leave, nor shall they curtail the weekly rest days, festival holidays ..... *(b) for requiring employers, workmen or both to observe for such period, as may be specified in the order, such terms and conditions of employment as may be determined in accordance with the order;(c) to (g) * * * provided that no order made under clause (b)(i) shall require any employer to observe terms and conditions of employment less favourable to the workmen than those which were applicable to them at any time within three months preceding the date of the order,23. ..... dated 8 june 1959, the concern had to allow to its workmen excess leave in accordance with the said arbitration award, on its interpretation of the explanation to clause g-1 of the standing orders enforced by the government as per notification no. ..... that no reduction can be made in the leave granted to a workman on account of protection given to him by the sections quoted above, the protection given by the above sections of the two acts is further strengthened by clause u of the standing orders framed by the state government for sugar factories by a notification dated 3 october 1958 under section 3 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : [1988]69STC374(All)
..... , expressed the court's interpretation of clause 3 in no uncertain terms by saying that 'it did not ..... upadhyay has next submitted that in the case of gannon dunkerley air 1958 sc 560 and other subsequent cases which have followed the said case, the interpretation of the word 'sale' was done on the basis of the definition of the word 'sale' under the sales tax act and the sale of goods act but there has been constitutional ..... by the honourable supreme court in the above-noted case of kunnathat thathunni moopil nair air 1961 sc 552 :a taxing statute is not wholly immune from attack on the ground that it infringes the equality clause in article 14, though the courts are not concerned with the policy underlying a taxing statute or whether a particular tax could not have been imposed in a different way or in a way that' the ..... , being food or any other article for human consumption or any drink (whether or not intoxicating) for cash, deferred payment or other valuable consideration; and(b) every transaction by way of supply of the nature referred to in clause (a) made before such commencement shall be deemed to be, and shall be deemed always to have been, a transaction by way of sale, with respect to which the person making such supply is the seller and the person ..... our view, the question of searching such meaning arises when there is vagueness in the meaning of the word to be interpreted or there is some doubt about the same and it may not be possible to have the plain meaning on the bare .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)ARBLR427(All); 2001CriLJ263
..... in keshva nand bharati, (1973) 4 scc 225 (333), that in view of article 51 of the directive principles the court must interpret the language of the constitution, if not intractable, in the light of the united nations charter and the solemn declaration subscribed to by india ..... (supra) it has been observed that the provisions of the 1996 act should be interpreted keeping in mind the model law as the concept under the present act has undergone a complete ..... applying this principle the provisions of the act should be interpreted in conformity with the international practice and, consequently, no challenge should be permitted to be raised in a court against an order of reference to an arbitrator and the party feeling aggrieved should raise such plea before the arbitral tribunal ..... 16 of the reports show that the court repelled the contention based upon interpretation of section 16 of the act to the effect that only the arbitral tribunal can decide about the existence of an arbitration clause. ..... our country is a signatory to some international conventions, the domestic law of the country should be interpreted in a manner which do not come in conflict with it. ..... supra) and, yet, it was held that the arbitrator should decide about the existence of the arbitration clause under section 16 of the act, rather than the chief justice under section 11 of the act.11 ..... if we take it as a guiding principle for interpreting the provisions of the act, it will be in conformity with the practice and procedure in .....
Tag this Judgment!Court : Allahabad
Reported in : 1989(42)ELT161(All)
..... excisable goods of the same class or description -(1) produced or manufactured by different classes of producers or manufacturers; or(ii) sold to different classes of buyers;provided that in fixing different tariff values in respect of excisable goods falling under sub-clause (i) or sub-clause (ii), regard shall be had to the sale prices charged by the different classes of producers or manufactures or, as the case may be, the normal practice of the wholesale trade in such goods.16 ..... been held that while interpreting sub-clause (3) if reference is made to sub-clauses (1) and (2), the court will be virtually legislating and not interpreting the said entry.6 ..... ' from a perusal of the above, it is clear that the said submission made by the learned counsel for the petitioners is misconceived inasmuch as the above sub-clause (2) of article 226 refers to the exercise of power of the high court to issue directions or writs to any authority or person by a high court which exercises jurisdiction in relation to the territories within which the case of action, ..... 173), one of the principles laid down by the hon'ble supreme court for interpretation of a notification issued under rule 8 of the central excise rules has been held to be that the notification must be read as a whole in the context of ..... held that sub-clause (3) of entry 29-a which is in issue in the present case is an independent clause and has got nothing to do with the earlier sub-clauses (1) and (2) for the purposes of interpretation. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All122; 121Ind.Cas.545
..... the correct interpretation of clause (u), rule 1, order 43 is this. ..... if we allow the interpretation which the learned counsel for the appellant would put, there would be a conflict between clause (a) and clause (u), order 43, read in the light of section 104, civil p.c. ..... but it was never contemplated and could never have been contemplated that, by altering the language of clause (u) a second appeal should be permitted from orders from which no second appeal is otherwise allowed. ..... before the amendment made by the allahabad high court of this clause (u) the language of it stood as follows:clause (u)'-an order under rule 23, order 41 remanding a case where an appeal would lie from the decree of the appellate court.6. ..... we are of opinion that this interpretation is not correct. ..... it was to cover a case like that that the high court of allahabad changed the language of clause (u) so as to cover all the possible orders of remand. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All394
..... in spite of the interpretation put by us on sub-clause (e) of clause 3 (1) of the control order we are of the opinion that the petitioners are not entitled to challenge the validity of the notification fixing the prices payable by them on the basis of the recovery made in the preceding season on ..... the established rules of interpretation do not justify the addition of the words 'in the previous year' after the words 'the recovery of sugar from sugarcane' occurring in sub-clause (e) and for that reason we find it difficult to agree with the view expressed in kalooram govindram v. ..... since the recommendation of the commission were taken into account by the central government while fixing the minimum price of sugarcane, it may be accepted that factors (a) and (b) set out in clause 3 (1) of the control order were in fact taken into consideration while fixing the basic minimum price off sugarcane. 6. ..... , saharanpur, and some other petitions the petitioners have challenged the legality and reasonableness of the rate of rebate fixed under sub-clauses (a) and (b) of proviso (1) to clause 3-a of the control order, in respect of sugar cane delivered at the out purchasing centres of the petitioners. ..... reference in this connection was made to the use of expression 'producers of sugar' occurring in the main part of clause 3 (1) and to the language employed in the explanation appended thereto that different prices may be fixed for different areas or different qualities or varieties of sugar-cane. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All465
..... the first day of july, 1954, otherwise than as an intermediary, lessee, sub-lessee, tenant, grantee, grove-holder, sub-tenant or mortgagee in possession of such land; explanation--'land' for purposes of this clause means land which, on or before july 1, 1954, was khudkasht of an intermediary or which on the said date was included in the holding of a person referred to in sub ..... the appellant should, therefore, be a sub-tenant or occupier on that date, and that if we interpret the word 'occupier' used in section 2 (1) (e) in accordance with its definition as contained in section 2 (9), it would create an anomaly inasmuch as in that case we would have to accept a different date namely, the first of july, ..... sri verma wanted us to interpret the word 'occupiar' used in clause (e) of sub-section (1) of section 2 of the act independently of the definition thereof as contained in sub-section (9) ..... it was laid down there thus:-- 'it is a cardinal rule of interpretation that the language used by the legislature is a true depository of the legislative intent, and that words and phrases occurring in a statute are to be taken not in an isolated or detatched manner dissociated from ..... of the term 'occupier' in section 2 (9) of the act should either be khudkasht of an intermediary or which was once included in the holding of a person referred to in sub-clauses (i) to (x) of clause (c) of section 2 (1) of the act, and such previous rights as such in it ceased or determined on the above date (i.e. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2002All1; (2001)3UPLBEC1941
..... any construction or interpretation of clause (b) which permits a banking company to recover a loan, advance or credit which has not been given under a state sponsored scheme by taking recourse to the provisions of the ..... , it would mean that any kind of loan, advance or credit and for whatever amount given by a banking company can be recovered under the provisions of the act, such an interpretation will clearly make the act unconstitutional as the state legislature has no legislative competence to make any law on the subject of 'banking', it being in the union list. ..... are unable to accept the view taken in krishna rice mills (supra), to the effect that the words 'to any agreement relating to a loan, advance or grant given to him' is a clause sufficient to include the petitioner and, therefore, the proposition 'or' appearing thereafter creates another contingency which is 'relating to the credit in respect of, or relating to hire-purchase of goods sold to him ..... the parliament if the loans, advances, grants or credits given by a banking company under a state sponsored scheme alone are held to be covered by clause (b) of section 3 of the act as such loans being for a very low amount are outside the purview of recovery of debts due to banks ..... 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 .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC628
..... the language of section 97 (2) (a) of the 1976 amending act does not permit an interpretation to hold that a right to appeal is preserved in respect of all pending execution applications. ..... the scope of section 6 of the general clauses act was interpreted as follows :'23. ..... this leads us to the question, whether in a case where section 6 of the general clauses act is applicable, what effect it would have on a pending proceeding, when repealing provisions come into operation. ..... on a repeal, the former is preserved by the interpretation act. ..... mootham relied upon section 6 of the general clauses act which is based upon maxim of law : 'nova constitutio, futuris forman imponere debet, non praeteritis', a new state of the law ought to affect the future not the past which is a well known maxim of law, ..... the distinction between what is, and what is not a right preserved by the provisions of section 6 of the general clauses act is often one of great fineness. ..... the fact that other saving clause expressly save the appeals as in the case of amendment of section 96 and section 100, c.p.c. ..... the mandate of section 6 of the general clauses act is simply to leave the pending proceedings unaffected which commenced under the unrepealed provisions unless contrary intention is expressed. ..... the other provisions of the saving clause, namely, sub-sections (f), (j), (k), (l), (m) to (v) save the pending proceedings in respect of amending sections and give the intention of the legislature. .....
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