Judgment Search Results Home > Cases Phrase: karnataka treasure trove act 1962 section 20 power to make rules Court: allahabad Page 1 of about 8 results (0.093 seconds)

Naunihal Singh and ors. Vs. Alice Georgina Skinner and anr.

Court : Allahabad

Reported in : AIR1925All707; 92Ind.Cas.63

..... and the receipts and disbursements of the mortgaged villages shall be made up six monthly and that if any of the karindas and servants of the mortgagor acted against the wishes of the mortgagee, he shall be liable to dismissal and the mortgagee shall have power to make collections and assessment on his own account.34. ..... get the name of the mortgagee entered in the revenue papers in respect of the mortgaged villages and that the karindas and servants of the mortgagor shall make collections and assessment in respect of the same of their own authority ; but a treasurer and two peons shall be appointed on behalf of the mortgagee to supervise the collections and take charge of the money so realised, to be applied after ..... ground taken in the memorandum of appeal the plea is raised that the suit is barred under article 134 of the schedule to the limitation act (act ix of 1908) which provides a period of 12 years for a suit brought to recover possession of immovable property which has been mortgaged and ..... 1,77,000 from the nawab of rampur and was protected by section 41 of the transfer of property act, and, further, that in in no case could the plaintiff recover possession without payment of this par-chase money;(4) that, in any event, the plaintiff was liable ..... judge seems to have thought he was dealing with a suit for account in which it was his duty to pas3 a preliminary decree in accordance with the provisions of order 20, rule 13 of the code of civil procedure but that was not so.8. .....

U.P. Co-operative Sugar Factories Federation Ltd. and ors. Vs. P.S. Mi ...

Court : Allahabad

Reported in : AIR2003All123; 2003(2)ARBLR102(All); 2003(3)AWC1763

..... 1 on the ground that the present judgment and order is an order by means of which the application of the appellants moved under section 34 has been rejected for want of jurisdiction and, therefore, in view of the provisions of section 37 of the 1996 act, the appeal would not be maintainable, as no such appeal is envisaged under the said provision. ..... tarkeshwar singh (2002) 5 scc 738 : (air 2002 sc 2031) wherein the supreme court while considering the intention of section 319 of the code of criminal procedure held 'the intention of section 319 is that where in the course of any inquiry into, or trial of, an offence, it appears to the court from the evidence that any person not being the accused has committed any offence, the courtmay proceed ..... the only question involved in the appeal is as to whether the court of district judge, lucknow was having jurisdiction to entertain the application under section 34 of the act at lucknow against the award pronounced by the arbitrator in view of the following clause of the agreement :'33. ..... sub-section 1 (b) of section 37 specifically makes such an order appealable, which either set aside or refuse to set aside the arbitration award under section 34. ..... in this case clause (21) read as under :'this work order is issued subject to the jurisdiction of the high court situated in bangalore in the state of karnataka. .....

Vinay Kumar Srivastava S/O Late Keshri Pd. Srivastava Vs. the State of ...

Court : Allahabad

Reported in : 2006CriLJ702

..... there was special reason to appoint a special public prosecutor namely that the public prosecutor was incompetent to conduct the trial or other aspects disqualifying him to fulfil the duty, the state government should not make appointment of a special public prosecutor merely on the application of the complainant or any close' relative of the deceased or victim that he was willing to bear the expenses. ..... even if such an order exists that cannot be given effect to and is liable to be ignored as it would amount to conferring a power upon the district magistrate ignoring the statutory provision and making the appointment without having consultation with the district magistrate.32. ..... trial before a court of session has to be conducted by the public prosecutor are required under section 225 of the code, cases instituted -on a police report are intended also to be handled by a public prosecutor. 13. ..... defines the public prosecutor as under: 'public prosecutor' means any person appointed under section 24, and includes any person acting under the directions of a public prosecutor. 12. ..... state of karnataka and ors. ..... state of karnataka, jt (2001) 2 sc 64, the hon'ble supreme court quashed the direction given by the high court awarding additional remuneration to the additional public prosecutor observing as under-'how or why such a direction can be made has not .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... under sections 60, 61 and 62 of the act, the government of india has got power to make rules and and the board has got power to make regulations, both to be laid before the parliament. ..... appropriate state, exempt from tax generally or is subject to tax generally at a rate which is lower than four per cent, or such reduced rate as may be notified by the central government, by notification in the official gazette, under sub-section (1) of section 8 (whether called a tax or fee or by any other name); and (b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in clause ..... as to when a sale could be said to take place in the course of inter-state trade or commerce gave an extended meaning to the word 'sale' as defined in section 2 (g) and as used in section 3 (a) and 4 (2) (a) and (b) of central sales tax act, 1956 and what was said by this court was that the word 'sale' as used in section 3 (a) and section 4 (2)(a) and (b) was wide enough to include not only a concluded contract of sale but also an agreement of sale provided that the later stipulated that ..... state of karnataka, air 2001 sc 1512, commissioner of income tax, mumbai vs. ..... (3) air 1962 sc 1352 george oakes (p) limited versus state of madras "turnover" means the amount of money which is turned over in the business. .....

Dr. Naresh Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(4)AWC3745; 2005(4)ESC2489

..... reason why they approached the government for bringing into existence a university at aligarh, whose degrees would be recognised by government and that is why we find section 6 of the 1920 act laying down that 'the degrees, diplomas, and other academic distinctions granted or conferred to or on persons by the university shall be recognised by the government ..... frequently in the constitution of the united states and it is there used in different meaning; and five such meanings have been given, namely--(1) to settle firmly, to fix unalterably, as to establish justice; (2) to make or form; as, to establish a uniform rule of naturalization; (3) to found, to create, to regulate; as, congress shall have power to establish post offices; (4) to found, recognise, confirm or admit; as, congress shall make no law respecting an establishment of religion; (5) to create, to ratify, or confirm, as we, the people, etc. ..... is entitled to the benefits of article 30 of the constitution of india, specifically when academic council and the executive council in control of the university on date have been reconstituted by the amending acts of 1951 read with the amending act of 1965, the constitutionality whereof has been upheld by the hon'ble supreme court only after coming to the conclusion that aligarh muslim university was not a minority institution.60. ..... state of karnataka, : air2003sc355 and islamic ..... pro-chancellor, vice chancellor, pro-vice-chancellor, honorary treasurer, registrar etc. ..... [1962] ..... [1962] .....

Kunwar Pal Singh Rathi Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : 2001(4)AWC3104

..... section 6 authorized the state government to make rules to carry out all or any one of the purposes of the act ..... disposing of the writ petitions, the apex court observed that there are ample powers conferred by article 142 to make orders which have the effect of law by virtue of article 141 and there is mandate to all authorities to act in aid of the orders of the supreme court as provided under article ..... aggrieved, the state of bihar went before the apex court and on its behalf it was argued that the high court while exercising power under article 226 should have kept in mind the limitation that without the consent of the appropriate state government, no investigating agency, other than the state police, could investigate an offence ..... the state legislature to take an exception to the casual manner in which advances are being made from the state contingency fund in violation of the rules and the procedure prescribed but this court would prefer to avoid, unless circumstances leave no otherchoice, interfering into the domain which belongs to the legislature. ..... this submission is to be found in paragraph 16 of the decision in shiv sagar tewari's case (supra) as follows : 'we are conscious that the aforesaid cases dealt with injury to a third party (following misuse of power) who had sought damages for the loss caused, whereas in the present case, there is no injury as such to any third person. ..... state of karnataka v. ..... rules, 1962 (hereinafter referred to as 'the rules') notified on 23.3.1962 .....

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

..... section 18 of the census act confers power to the central government to make ..... of the aforesaid provision reveals that section 20 deals with construction of statutory instruments issued under an enactment whereas, section 21 deals with power to make, to include, power to add, to amend, vary ..... not enter into the question of exercise of power by the state government under the enabling provisions of the constitution and upheld the validity of rule 8-a only for the reason, that there did exist such a power to enact the rule, whereas the apex court, very clearly has pronounced, that if the given exercise has not been undertaken by the state government while making a rule for reservation with or without accelerated ..... the law department shall be consulted on:-- (a) proposals for legislation; (b) the making of rules and orders of a general character in the exercise of a statutory power conferred on the government; and (c) the preparation of contracts and assurances to ..... of the above, keeping in view the fact that the residue function comes later to legislative and judicial and functions of the government is based on legislative decision or legislative enactment, the notification issued in pursuance of section 11 of the act seems to be of executive in nature even in case it is considered in the light of the judgment of jayantilal amrit lal shodhan (supra), relied upon by the division bench in the case of rakesh ..... state of karnataka and others; 1991 (supp) 1 ..... . shyamsundar (1962) 2 .....

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... 1980]1scr1177 , the hon'ble supreme court, while considering the provisions of sub-section (3) of section 89 of the j&k; representation of people act, 1957, held that the difference between a mandatory and directory rule is that the former requires strict observance while in the case of latter, substantial compliance of the rule may be enough and where the statute provides that failure to make observance of a particular rule would lead to a specific consequence, the provision has to be construed as mandatory ..... of death or otherwise in the office of adhyaksha, upadhyaksha or an elected member of the zila panchayat, it shall be filled before the expiration of a period of 6 months from the date of such vacancy, in the manner provided for in section 18 and 19, as the case may be, for the residue of the term of his predecessor:provided that if on the date of occurrence of such vacancy the residue of the term of the zila panchayat is less than six months, the ..... also requested that during the inquiry, she be deprived of her right to exercise the financial and administrative power so that she may not misuse her office and affect the inquiry.sd/- uma devi member, zila panchayat, allahabad ..... state of karnataka air 2001 sc 1512; commissioner ..... , : [1962]1scr662 ; patna ..... , : [1962]2scr880 ; raza ..... , air 1962 sc 1183, the hon'ble apex court enunciated the proposition that the right to maintain a writ postulates a subsisting personal right in the claim which the petitioner makes and in the protection .....

Ashok Pratap Singh Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1909

..... distillery : [2003]2scr852 , the hon'ble supreme court while dealing with the orders passed under the bombay prohibition act, 1949, held that as the notification/circular issued under the act, 1949 and article 162 of the constitution 'had not been challenged, they were not entitled to challenge the demand ..... the rules are silent and applying the provisions of order xxiii, rule 1 in writ jurisdiction as similar provisions existed in the rajasthan high court rules putting an embargo to file a successive writ petition for the same cause of action, observed that the court can permit a party to withdraw the petition with liberty to file a fresh one, but that power is subjected to the conditions prescribed in the provisions of order xxiii, rule ..... so, even otherwise court can make observation and ask the parties to bring the litigation to an end, and for that purpose, can suggest some fair deal and on that basis, compromise can also be made between the parties by intervention of the court; even section 89 of the code of civil procedure provides for it, the court can suggest a formula to bring the controversy to an end, as there can be no bar to make a suggestion; it is ..... with the controversy of determining the seniority, held that 'the promotion of the respondents in the writ petition having been ordered as early as 13th february, 1962, without challenging that order a subsequent order which determined the date of their commencement of service cannot be challenged'.12. ..... and karnataka .....

Umesh Baijal and ors. Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235

..... committed before or after the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1976, whether as president or as vice-president exercising the powers of president, or as vice-president or as member;(ix) caused loss or damage to any property of the municipality; or(x) misappropriated or misused municipal fund; or(xi) acted against the interest of the municipality; or(xii) contravened the provisions of this act orthe rules made thereunder; or(xiii) created an obstacle in a meeting of the municipality in such manner ..... courts cannot assume to itself a supervisory rule over the rule-making power of the executive under article 309 ..... explanation the chairman denies the allegations, the affidavit cannot be relied upon without giving an opportunity to the chairman to cross-examine the deponents, as required under the provisions of order xix, rule 2 of the code of civil procedure, for the reason that the code itself is nothing but codification of the principles of natural justice. ..... sub-section (2a) of section 48 of the act, 1916 provides for a procedure of removal stipulating that after considering any explanation that may be offered by the president and making such enquiry as it may consider necessary, the state government may, for reasons to be recorded ..... karnataka ..... state of rajasthan : [1962]1scr978 , the scope of hearing was confined by the enquiry officer only to the hearing of arguments and rejected the application of the appellant to ..... : [1962]1scr456 .....