Judgment Search Results Home > Cases Phrase: interpretation clause Court: allahabad Page 34 of about 12,049 results (0.041 seconds)

Vishnu Pratap and ors. Vs. Sm. Revati Devi and ors.

Court : Allahabad

Reported in : AIR1953All647

..... she claimed that the circumstances set out by her in the petition are such as would justify the winding up of the company under the just and equitable clause (vi) of section 162 companies act but, instead of asking for that relief, she wanted that the court should pass orders for the regulation of the conduct of the company's affairs in future ..... this interpretation, if accepted, would widen the scope of the word 'judgment' in clause (13) of the letters patent so as to include every order passed on any application raising a dispute during the pendency of a suit or proceeding even though it may not affect the merits of the controversy between the parties ..... rupendra deb', air 1953 so 193 (w) considered whether an order for transfer of a suit made under clause (13) of the letters patent of the calcutta high court was or was not a judgment within the meaning of clause (15) of the letters patent and held:'in the present case, a single judge of the high court had decided this question in favour of the plaintiff in the suit; but a decision on any and every point ..... as they had been drafted in england, the first interpretation put upon the word was more or less in the english sense and not that used in ..... that the order of the judge in the winding up amounted to a refusal to the creditors of their important right to establish their claim in the winding-up proceedings and it was a 'judgment' under clause 15 of the letters patent from which an appeal, under section 202, companies act, would lie. .....

Ashok Kumar Bajpai Vs. Dr. (Smt.) Ranjana Bajpai

Court : Allahabad

Reported in : AIR2004All107; 2004(1)AWC88

..... alagappa chettiar, (1912) ilr 35 mad 1, in which the court had laid down the test to assess and determine the import and definition of word 'judgment' as used in clause 15 of letters patent:(1) it is not the form of adjudication which is to be seen but its actual effect on the suit or proceeding ;(2) if, irrespective of the form of the suit or proceeding, the order impugned puts an end to the suit or proceeding it doubtless ..... of new york : [1975]1scr550 , while dealing with the similar issue, the hon'ble apex court observed as under :'in finding out whether the order is a judgment within the meaning of clause 15 of the letters patent it has to be found out that the order affects the merit of the action between the parties by determining some right or liability. ..... rule 5 of the rules held that the word 'judgment' in the said rule requires to be interpreted in its own setting and not with consonance with the definition clause in the c.p.c. .....

Ram Dularey Tiwari Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2004(4)AWC2940

..... 5 has made huge investment and has paid the additional amount to the department in order to get their licence fee of the shop as per clause (f) of rule 8 of the aforesaid rules and as such the licence can be renewed only in the name of the petitioner jointly with him.6. ..... the argument cannot be accepted in view of the interpretation put upon clause (f) of rule 8.16. ..... consequently the writ petition was finally heard as only a limited question of law regarding interpretation of the aforesaid rules, 2001 is involved.4. ..... such partner or partners have to fulfil the conditions laid down in clauses (a), (b) and (c) and submit affidavit duly verified by a notary as proof of sub-clauses (ii), (iii), (iv), (v), (vi) and (vii) of clause (d). ..... the licensing authority may allow such person or persons to be taken as partners of the shop provided the terms and conditions of the said clause are fulfilled. ..... to my mind the clause (f) of rule 8 is only an enabling provision. ..... a plane reading of clause (f) clearly answers the issue raised in the writ petition. ..... on a close reading of clause (f) of rule 8 it is clear that the licensing authority may allow the person or persons 'as partner of the shop'. .....

Shiv Prasad Prajapat Vs. Hukum Singh

Court : Allahabad

Reported in : 1996CriLJ3204

..... the learned counsel proposed to interpret this clause as a bar to the grant of bail within 180 days. ..... the rules are certainly to be read as having universal application but the court must not be too fussy about their interpretation and from 8th to 18th may. ..... this provision is an enabling one to the grant of bail and not a disabling one to refuse bail as interpreted by the learned counsel.4. ..... the bar to the grant of bail in this connection is contained in clause (a) to (b) to the section but the period of 180 days is mentioned in the proviso, and it must be read that if a person stays in custody for a total period of 180 days. .....

Nagar Palika Parishad, Sardhana, Meerut and Another Vs. Chandra Prakas ...

Court : Allahabad

Reported in : 2000(4)AWC3397

..... this rule which is known as the rule of ejusdem generis reflects an attempt 'to reconcile incompatibility between the specific and general words in view of the other rules of interpretation that all words in a statute are given effect if possible, that a statute is to be construed as a whole and that no words in a statute are presumed to besuperfluous' ( ..... this behalf of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appurtenant thereto, and (b) in the case of a building or land not falling within the provisions of clause (a), the gross annual rent for which such building, exclusive of furniture or machinery therein, or such land is actually let, or, where the building or land is not let or in the opinion of the municipality is let for ..... strength of above observations a foundation was laid to suggest that since the bank caters to the public need, it would be covered by the expression 'such other buildings' as incorporated in clause (a) of the act meaning thereby the banking activities have to be taken at par with the purpose and objects which the establishments like railway stations, hotels, colleges, schools, hospitals and ..... this submission takes us to the interpretation of the principle of ejusdem generis in relation to the expression 'such other buildings' used in clause (a) of section 140 (1) ..... the rule of ejusdem generis has come to be interpreted in the various decisions of the apex court in assistant collector .....

Commissioner of Income-tax Vs. Badri Nath Ganga Ram

Court : Allahabad

Reported in : [2005]273ITR485(All)

..... the court on the interpretation of clause (2) of the partnership deed of that case came to the conclusion that loss has to be fully distributed amongst the ..... the apex court noticed the divergent views amongst the high courts on the point that where a minor is admitted as full partner by adult partners, the partnership document can be registered after interpreting it to mean that the minor has been admitted to the benefits of partnership and not as a full partner. ..... in the case in hand there is a specific provision in clause (5) of the deed that minor would be liable to share the losses of the firm also to the extent of his share with the rider that he shall not ..... document where several clauses appear, what clause dominates the document is also to be found out with a view to ascertain the real intention of the parties, therefore to find out whether lakhan lal, the minor, was admitted to the benefits of partnership or he has to share the losses also to the extent of his share, attention is immediately attracted to clause (5) of the ..... on the construction of the said clause this court was of the view that so far as losses are concerned, up to ..... of clause (5) of the deed that the minor shall also be liable for the loss to the extent of his share is in the nature of an exception to the earlier part of the said clause. ..... part of the partnership deed it is provided that the minor has been admitted to the benefits of partnership, but the said preamble is subject to clause (5) of the deed. .....

Cantonment Board and anr. Vs. District Judge (incharge) and ors.

Court : Allahabad

Reported in : 2006(4)AWC3281

..... accordingly, also effect of sub-section (1) of section 115 of the code of civil procedure cannot be diluted.in view of above settled proposition of law relating to the interpretation of an statute it may be safely held that unless an issue or controversy is determined or decided finally, it shall not be appropriate to say that 'case has been decided' or the issue has been decided by the court to attract the revisional ..... national asylum support service, 2002 (4) all er 654, (page 35) to quote :as rightly pointed out by the high court of australia, 'the modern approach to statutory interpretation (a) insists that the context be considered in the first instance, not merely at some later stage when ambiguity might be thought to arise, and (b) uses context in its widest sense to include such things as the existing state of ..... : air1992sc1 , has proceeded to hold as under:however, it is suffice to say that while interpreting a statute the consideration of inconvenience and hardships should be avoided and that when the language is clear and explicit and the words used are plain and unambiguous, were/are bound to construe them in their ordinary sense with reference to other clauses of the act or rules as the case may be, so far as possible, to make a consistent enactment of the whole statute or series of statute .....

Umesh NaraIn Sharma Son of Late R.K. Sharma Vs. the New India Assuranc ...

Court : Allahabad

Reported in : 2007(1)AWC487

..... printers : air2004sc1700 , has held as follows:it is also settled position in law that if there is any ambiguity or a term is capable of two possible interpretations one beneficial to the insured should be accepted consistent with the purpose for which the policy is taken, namely, to cover the risk on the happening of certain ..... according to the petitioner, clause 4.1 of the policy cannot be enlarged and interpreted in such a wide manner so as to preclude the policy holder from the claim and from a conjoint reading of clauses 3 and 4.1, it would be abundantly clear that any disease or illness that relapses within 45 days from the last consultation/treatment would be treated to be the ..... if such an interpretation as made by the insurance company is accepted, it would result in payment of no claim in ..... the interpretation being adopted by the insurance company is totally against the public policy and is violative of section 23 of the contract act as the standard form of the agreement has been imposed by the insurance company and ..... no ambiguity in the expression 'impact', even otherwise applying the rule of contra proferentem, the use of the word 'impact' in clause 5 in the instant policy must be construed against the appellant. ..... policy; in any event, the petitioner did not have any cardiac problem in the year 2000 and the rejection of the claim is based on wholly irrelevant material and consideration and the invocation of clause 4.1 of the mediclaim insurance policy is wholly arbitrary.5. .....

Mohd. Zafar Khan V. District Judge Hardoi

Court : Allahabad

..... and the landlord's needs would be served by releasing the other part, the prescribed authority shall release only the other part of the building; rule 16(2) - while considering an application for release under clause (a) of subsection (1) of section 21 in respect of building let out fro purposes of any business the prescribed authority shall also have regard to such facts as the following:-(a) the greater the period ..... national asylum support service, 2002 (4) all er 654 (page 35) is as under:as rightly pointed out by the high court of australia, "the modern approach to statutory interpretation (a) insists that the context be considered in the first instance, not merely at some later stage when ambiguity might be thought to arise, and (b) uses context in its widest sense to include ..... union of india" has proceeded to hold as under:however, it is suffice to say that while interpreting a statute the consideration of inconvenience and hardships should be avoided and that when the language is clear and explicit and the words used are plain and unambiguous, were are bound to construe them in their ordinary sense with reference to other clauses of the act or rules as the case may be, so far as possible, to make a consistent ..... say that where the words or expressions in a statute are plainly taken from an earlier statute in pari materia, which have received judicial interpretation, it must be presumed that the parliament was aware thereof and intended to be followed in latter enactment. .....

Km. Indu Mishra Vs. Union of India and ors.

Court : Allahabad

..... in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an advisory board in accordance with the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an advisory board ..... district magistrate continues to have power in pursuance to section 21 of the general clauses act, uses to interpret the legislation, to pass orders for revoking the detention even after it has ..... the ratio is that the detaining authority has also powers to revoke the detention order by virtue of power conferred by section 21 of the general clauses act read with section 11 of the cofeposa act; and in that context it was observed that the power of revocation has nexus with the ..... a high court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by parliament under sub ..... the state government the detaining authority can entertain a representation from a detenu and in exercise of his power under the provisions of section 21 of bombay general clauses act could amend, vary or rescind the order as is provided under section 14 of maharastra act. .....