Court : Allahabad
Reported in : 2000(1)AWC641; (2000)1UPLBEC904
..... section 3 of the act, which contains interpretation clause, has defined the word 'tout' as follows :'tout' means a person :(a) who procures, inconsideration of anyremuneration moving fromany legal practitioner, theemployment of the legalpractitioner in any legalbusiness ; or who proposesto any legal practitioner orto any person ..... (5) every person whose name is included in any such list shall be deemed to be proclaimed as a tout within the meaning of section 13, clause (e) and section 22, clause (d). .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All606
..... reading the interpretation-clause of the code, i think it impossible to hold that 'decree' means the same thing as 'judgment,' because two different definitions are given of the two words, and these definitions are so clear that it is impossible to confound them. ..... ' this appears to me to show that the term 'decree' as used in other parts of the code must dot be interpreted in such a wide sense, and it follows that neither appeals nor objections under section 561, by way of cross-appeals, can lie otherwise than from decrees.6. ..... ' in that section the principle of res judicata was embodied only to a limited extent; but, in interpreting the section, the privy council holding that, apart from legislative enactment, the principle of res judicata was an essential part of the law of procedure in every civilized country, applied that principle to the trial of issues as ..... occurs in that section would be an insuperable impediment in the appellant's way for such a remedy if the argument of the learned counsel for the respondent is to be accepted, because the word 'decree' occurs in that section, and must be interpreted in the same sense as in sections 540, 561 and 584 of the civil procedure code.14. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All95; 1964CriLJ319
..... section 1 of the act is the interpretation clause and defines a 'common gaming house. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All679
..... the word lease has not been defined in the tenancy act except in the interpretation clause section 3(13) where it is said that it includes a qabuliyat, but it is clear that under the tenancy act a lease is hardly a transfer of proprietary interest in land, for the act speaks of leases by landholders to tenants and by tenants to sub-tenants. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All182
..... it was contended that the words 'demolition and new construction' occur both in clauses (a) and (b) of section 21 (1) and, therefore, whenever a building was required by the landlord to be demolished for the purposes of reconstruction the provisions of rule 17 would be ..... rule 17 makes it clear that in cases governed by clause (b) certain facts must be established to the satisfaction of the prescribed authority before the order of release is ..... a release order may be passed in eithercase-- as envisaged in clauses (a) and (b) -- but the basis in the two cases is ..... it was intended that the above provisions would apply to a case under clause (a) then the rule would have said so. ..... authority held that the application was one under clause (a) and not under clause (b) of section 21 (1) of the act. ..... view of the clear wordings of rule 17 and the provisions of clauses (a) and (b) of section 21 (1) it is not possible to hold that the provisions of rule 17 also apply in a case under clause (a) of section 21 (1) of the act.5. ..... clause (b) does not say anywhere that it is required for the personal use of the landlord or any members of his family, it would thus be evident that under clause (a) the emphasis is on the requirement of the landlord whereas under the clause (b) the emphasis is on the dilapidated condition of ..... in a case coming under clause (b) the prescribed authority has to be satisfied that the building is in a dilapidated condition and is required for the purpose of demolition and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All436
..... of powers conferred under rule 81(2)(a) of the defence of india rules, which, inter alia, empowered the state government to make an order providing for regulating the production, movement and transport of articles or things of any description whatsoever, clause (f) of rule 81(2) authorised the making of provision for grant or issue of permits.3. ..... the aforesaid licence was granted to the plaintiff by the excise commissioner in exercise of the powers conferred on him under clause (4) of the molasses control order, 1944 (hereinafter referred to as the order). ..... , to the plaintiff-appellant had thus been issued in exercise of the power conferred on him under clause (4) of the order. ..... it appears that by clause (4) of the molasses control order, 1944 the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 1987(12)ECC310
..... section 3 of the act is an interpretation clause giving definitions of various terms used in the act. ..... section 75, with which we are concerned, is one of the main provisions on the interpretation of which the fate of this writ petition hangs upon. ..... for the meaning of a particular word, phrase, sentence, paragraph or section, the context also includes the relevant factors outside the item under examination that are contained in the statute itself (reed dikerson 'the interpretation and application of statutes', page 110).25. ..... such an interpretation would be in conformity with the rule of interpretation about 'harmonious construction', making an endeavour 'to solve the conflict' and attempting a 'reconciliation' as laid down by the supreme court in harakh chand's case.54. ..... in the interpretation of statutes, it is as important to read the statute as it is to read about it. ..... sub-section (3) of section 37-a empowered the state government to select different areas for prohibition in the state after taking into account any [one] or more of the factors enumerated in clauses (a) to (d) of the aforesaid sub-section. ..... sub-clause (iv) of clause (a) of sub-section (3) of section 37-a mentions the hill areas where prohibition could be imposed. ..... in clause (iv) of (a), 'hill area' is mentioned as an area where prohibition could be imposed. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3269
..... the noticeable feature of this definition is that it is inclusive definition and where in a definition clause the word 'include' is used, it is so done in order to enlarge the meaning of the words or phrases occurring in the body of the statute when it is so used, these words or phrases must be construed as comprehending not only such things which they signify according to their natural import, but also those things which the interpretation clause declares that they shall include (see dilworth v. ..... occurring in the body of statute and when it is so used, the words or phrases should be construed as comprehending not only such thing which they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. ..... late jagdish swarup, eminent jurist and author, in his book-legislation and interpretation (4th edition pages 304 to 311), has observed that a legal fiction is one which is not an actual reality but which the law requires the court to accept it as reality, therefore, in case of legal fiction the court ..... air 1979 sc 734, wherein hon'ble apex court has dealt with the manner in which the words and expressions defined under the definition clause of a statute has to be interpreted. ..... now before proceeding to deal with the import of word or expression 'family' defined under definition clause of rule 2 of dying-in-harness rules, 1974 it is necessary to make reference to a decision of hon'ble apex court rendered in section k .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3403
..... limited and others, air 1985 sc 192, wherein the court interpreting clause (xii) of section 2 of the coal mines (nationalisation) act, 1973, held thatstaff car of the technical advisor to the company which was nationalised under the act shall stand transferred to and vest in the central government and it was not necessary to prove the nature of its user as under the definition in clause (xii) of section 2 of the act it is fixed asset of the mine.12. in ..... the real controversy is in regard to interpretation of clause (vi) of section 2 (h) of the act which relates to the land and buildings of a company which has been acquired under the act ..... union of india and others, air 1981 sc 124, the supreme court interpreted the definition of the word 'mine' as contained under section 2(h) of coal mines nationalisation act (26 of1973) ..... . the supreme court was interpreting sub-section (2) of section 3 of the textile undertakings (taking over of management) act (40 of 1983) where the words used were 'assets in relation to textile undertaking' and it was held that if the company held the land and at ..... interchangeably for among other reasons, which may include avoidance of repetition of thesame phrase in the same clause or sentence, a method followed in good drafting ..... . these hernsare covered under clause (i) ofsection 2 (h) of the act and shallbe taken as scheduledundertaking ..... the description of buildings under clause (vi) of section 2 of the act is not in the same language as in respect of lands .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]142TAXMAN184(All)
..... in the aforesaid case, this court had interpreted clause (3) of the partnership deed, which reads as follows :'3. ..... , 31%,23% and 23% and a minor was admitted tothebenefitof the partnership with a share of 2396 in the profit and there was no clause in the deed of partnership specifying the proportion of three adult partners to share the losses, there could be no presumption that the losses were to be shared equally and having regard to the scope of section 13(b) of the partnership act, ..... having heard the learned counsel for the parties, we find that it is not in dispute that under clause (3) of the partnership deed dated 19-1-1973, already reproduced hercinbefore, the partners were to share the profits and losses arising out of the partnership business in the ratio mentioned therein. ..... subsequently, the income tax officer noticed that, under clause (3) of the partnership deed, even the minors had been required to share in the losses and was, therefore, of the view that the applicant firm was not entitled to the benefit of registration for the year ..... he further submitted that in clause (3) of the partnership deed dated 19-1-1973 on account of typographical and technical error, the profits and losses arising out of the partnership business was specified in which the two minors were also allocated losses, which ..... clause (3) of the partnership deed dealt with the sharing of profits and losses amongst the partners. .....
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