Judgment Search Results Home > Cases Phrase: legal tender inscribed notes act 1964 Court: allahabad Page 12 of about 154 results (0.047 seconds)

Rameshwar Dayal Vaish Vs. Mani Lal Tripathi

Court : Allahabad

Reported in : AIR1977All534

..... saxena strenuously urged that the burden lay on the defendant to prove the actual payment or tender of rent for july 1967 to the plaintiff and, therefore, it was incumbent on the defendant to state in his deposition or lead other evidence to the effect that the amount had not been returned to him or ..... given my reasons in detail for raising a presumption in favour of the appellant under section 114 of the evidence act and the same obser-vations apply with full force to the remittances made on 4-12-1967 and 16-12- 1967. ..... appellant would not justify the conclusion that the amount had not been received by the plaintiff-once remittance is proved, the presumption would arise under section 114 of the indian evidence act that the ordinary course of events was followed and the amount must have been tendered to the addressee and received by him. ..... in these circumstances it is manifest that the plaintiff-respondent failed to rebut the legal presumption which arose in the defendant's favour and it must be held that the rent for july 1967 was received by the ..... doubt, made a general denial in the words 'that no rent was ever tendered to him by money order and he never refused to accept any money order'. ..... record that he had received the rent for may and june 1967 by money orders and still he made the statement in court that no rent was ever tendered to him by money order nor did he refuse any money order. ..... mukh-tar ahmad, 1964 all lj 148 again raised the presumption that the money order had reached .....

iqbal NaraIn Srivastava Vs. the State of U.P. and anr.

Court : Allahabad

Reported in : AIR1971All178

..... the provision relating to the issuance of executive instructions has been challenged, i hold that that part of rule 56 is hit by articles 14 and 16 of the constitution, it is also bad in so far as they (executive instructions) require the appointing authorities to act en material provided by them which material is extraneous to and is not part of rule 56 and which does not operate in the field of legislation at all. ..... the learned counsel completes his arguments on this point by inviting our attention to article 367 of the constitution which provides that unless the context otherwise requires, the general clauses act shall apply for the interpretation of the constitution and submits that section 21 of the general clauses act would be applicable for that reason in the present case. ..... section 2 of this act reads: 'amendment of fundamental rule 56 -- in clause (a) of rule 56 of the uttar pradesh fundamental rules, published in the financial hand-book, volume ii parts ii to iv, hereinafter referred to as the said rule 56 (a), for the existing provisos, the following provisos and explanation shall be substituted, and be deemed to have been substituted with effect from january 1, 1964, namely :-- 'provided that-- (i) the appointing authority may, at any time without assigning any reason, require the government ..... that the effect of the passing of the act is that rule 56 of the fundamental rules is now partly the part of an ad and partly the part of a rule which is not legally permissible. 3. .....

Central Distillery and Chemical Works Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1964All156

..... it is contended that the only provision under which such an award could be enforced was the old section 6 which having been replaced by a new provision, bearing the same number, has no legal existence and cannot be invoked in their aid by the respondents in the present case, me submission on behalf of the respondents on the other hand is that in the first place the word 'award' occurring in the new ..... would save the proceeding started and the awards made before the passing of act of 1957, and the same can be enforced under the un-amended section 6 read with clause 19 of the order published in the state gazette dated the 14th of july, 1964.it has been contended that section 16 speaks of an authority constituted under the u.p. industrial disputes act 1947, and that inasmuch as the state government has not been created ..... of legal fictioncannot be stretched too far and cannot be used to overridethe express provisions of section 2 of act xxlll of 1957 whichclearly provide that a reference to the principal act is reference to act ..... . panaurang vinayak, : 1953crilj1049 .the legal effect of making the lines underlined (here into ' ') a part of section 16 is toimport a legal fiction and to say that even thoughin fact these lines did not exist in section 16 onthe date when that section was ..... therefore the legal position is that even during me limited period when the reference was before the adjuaicator the government did not lose seizin over the case, in other words the control of .....

Wahid Ullah Khan Vs. District Magistrate, Nainital and Others

Court : Allahabad

Reported in : AIR1993All249; (1993)2UPLBEC1107

..... given case the legislature could besaid to have inserted superfluous words or byway of abundant caution but before comingthis conclusion the court must scrutinisethe provisions of the whole act, its antecedents the legislative history and possiblemeaning which could be attributed to thewords used in particular setting of a provisionof an act and if no possible meaning could beattributed, or, in other words if without use ofsuch words the same meaning could be said tobe carried, it may be held ..... . xxx xxx xxx' the objects and reasons for the said amendment as contained in the said amending act is quoted below :--'certain chairmen of municipal boards have tried to burke motions of no-confidence brought by a hostile party by not including them in the agenda, by arranging through various devices such as placing them at the end of an impossibly ..... in defining either the general object of the legislature or the meaning of its language in any particular passage it is obvious that the intention which appears to be must in accord with convenience, reason, justice and legal principles, should in all cases of doubtful significance be presumed to be true.19 ..... . the carrying through or falling of a portion of no confidence under the provisions of the act has to be determined on the basis of the numbers of votes cast in favour of or against the resolution and this number can be arrived at without artificially increasing the numbers in case the total number of the members of the ..... . act no.xxvii of 1964, .....

Ram Raj Tewari Vs. Smt. Vijaiya Laxmi

Court : Allahabad

Reported in : AIR1986All325

..... therefore, succeeds and is allowed in part as under :-- (i) paras 9 to 24 of the election petition are struck out keeping in view section 87(1) of the act read with order vi, rule 16(a) cpc on ground of being frivolous :-- (ii) paras 25 to 29 and the schedule 'a' of the petition are susceptible to be struck off in view of section 87(1) of the act read with order vi, rule 16(b), cpc, due to being embarrassing; but before resorting to this, the petitioner is gratned three weeks to apply for and furnish ..... order to constitute corrupt practice, the following necessary particulars, statement of facts and essential ingredients must be contained in the pleadings :-- (1) direct and detailed nature of corrupt practice as defined in the act; (2) details of every important particular must be stated giving the time, place, names of persons, use of words and expressions, etc. ..... example, we find it said, (the normal preliminary to the conclusion of a building or engineering contract is an invitation by the employer to one or more contractors to tender a price at which they are willing to carry out the works required by him......... ..... the emphasis laid in this behalf proceeds, it may be noted, on consideration that a corrupt practice has to be proved like a criminal charge which may, if made out, entail serious consequences, apart from the election being set aside and, therefore, the pleadings have to be commensurate, ..... nagendra prasad, air 1964 pat 543 (division bench) and by a learned single .....

Narendra Road Lines Pvt. Ltd. Vs. State of Up, and ors.

Court : Allahabad

..... regard under rule 4 of the rules for his own purposes nor the land vests in the company and it is on certain terms for which the power is possessed by the authority under the transfer of property act, the company has been given the land which has to come back to the authority at a particular point of time and thus submission that acquisition was for company for the purpose of company, at the ..... government or the yeida to have a specific scheme or plan prior to starting the acquisition proceedings;there was sufficient material before the state government to invoke the urgency provisions enshrined in section 17 of the act, 1894;the subjective satisfaction was arrived at by the government upon relevant material being placed before it; considering the advanced stage at which the project had reached and was nearing completion coupled with ..... the decision is not permissible where the findings are recorded by an authority on the basis of legal evidence and the said findings are not based either on ipsi dixit or conjectures or surmises ..... . the court did not find any fault with tender process or the terms of contract, and held that the terms are not unconscionable or ..... and concerned authorities agreed with the office note, giving details of the material on the file with the recommendation of the district magistrate to invoke section 17 (4) and to dispense with the enquiry under section 5 a of the act. ..... state of uttar pradesh and others (1964) 3 scr 425; jai narain ..... pradesh and others air 1964 sc 1217). .....

Satya Sindhu Pandey Vs. Mohammad Shual Islam and ors.

Court : Allahabad

Reported in : AIR1980All69

..... facts that the division bench observed that the amount which the landlord could be said to get from the premises would be equal to the maximum permissible rent under the control of rent and eviction act and that he was not entitled to anything more under the guise of damages on the alleged basis of high offers of rent to him by persons who may not have any chance of getting an ..... this judgment, therefore, does indicate that their lordships of the supreme court were of the view that the rent permissible under the rent act would not necessarily determine the rate of mesne profits and that the present rental value of the property would determine the rate at which mesne profits were to be awarded to the owner ..... would determine the future mesne profits or the rent permissible under the rent act would govern the future mesne profits was not specifically decided but it is obvious that if their lordships had taken the view that future mesne profits were to be payable in accordance with the rent payable under the rent act there was no question of allowing the appeal and remanding the case to ..... of the accommodation and stated that in 1964 the said accommodation could be let out ..... in view of the above, although, the legal position has been decided in favour of the plaintiff respondents, they will not be entitled to rent at the present ..... it would thus be seen that under the provisions of the act it is permissible and possible for the landlord to get rent at a rate higher than the reasonable rent .....

Uma Crushing Ston Co. and Others Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2000(1)AWC433

..... connection, sub-rule (2) of rule 23 should be mentioned here which provides that subject to the direction issued by the state government from time to time in this behalf, no area orareas shall be teased out by auctionor by tender or by auction-cum-tenderfor more than 5 years at a timeprovided that period in respect of insitu rock type mineral deposit shall be5 years and in respect of river bedminerals deposit shall be one year at atime. ..... thus this is a matter which has to he considered by the slate government and the court is not inclined to force any decision on this issue except to the extent noted above that even while applying chapter iv, the rules in chapter ii may be applied particularly the special provisions existing for socially and educationally backward citizens engaged in carrying the occupation and excavation of sand ..... court finds enough support and strength from the aforesaid observations of the supreme court on the provisions of the said act as furthering the object of the act and the court does not find any indirection in the provision of the act which justify placing such an interpretation of the present mining policy which will defeat the policy behind rule 9a of ..... 1963 provides that subject to directions of the state government, no area under auction/auction-cum-tender system shall be leased out for more than, five years and it has also been clarified in the proviso of the same rule that, at a time lease period for in sifu rock type mineral ..... a/r 1964 sc 1823 .....

Commissioner of Income-tax Vs. Motilal Padampat Sugar Mills Co. (P.) L ...

Court : Allahabad

Reported in : [1979]118ITR825(All)

..... since the assessee filed after april 1, 1962 (the date of commencement of the present act) two revised returns which were not in pursuance of any notice issued to it under section 34 of the old act, the assessment for the year 1961-62 could be made under the provisions of the present act, as rightly held by the aac and the tribunal.17. ..... gajapathi naidu : [1964]53itr114(sc) , the supreme court summed up the legal position as to the year in which a receipt should be taxed, thus (p. ..... although the proceedings are taken by applying the old act, when the return is filed prior to april 1, 1962, by virtue of clause (a) of sub-section (2) of section 297 of the 1961 act, the proceedings get a new form when the assessee voluntarily files a revised return after april 1, 1962, then assessment must be completed by virtue of clause (b) of sub-section (2) of section 297 of the 1961 act, in accordance with the procedure specified in the act of 1961.'18. ..... act, 1922), where a return of income is filed after the commencement of the act (of 1961), otherwise than in pursuance of a notice under section 34 of the old act by any person for the assessment year ending on march 31, 1962, or in an earlier year, the assessment of that person for that year shall be made in accordance with the procedure specified in the act (of 1961).16. ..... but this contention was negatived by the aac, who held that the assessment under the present act was valid as the assessee had filed its revised return on march 24, 1964. .....

Arcadia Tea Estate Vs. Dy. Labour Commissioner and 9 ors.

Court : Allahabad

Reported in : [1994(68)FLR920]; (1993)IILLJ1088All

..... determination are, whether an agreement could be arrived at between employer and the workmen otherwise than in accordance with the procedure under section 6b(2) and (3) of the act and rules 26 & 27 of the rules and whether the settlement could not be deemed to be legal unless it was based on the public ground affecting social justice, and whether in a case where legislature has indicated the mode performance of a particular thing in ..... , as far as possible, keeping in view the object sought to be achieved and evils to be eradicated, it must be in favour of the workmen provided it is not against the language employed, when the act is beneficial enactment enacted to secure the justice to the workmen, in such a matter, the court would be justified to follow the policy of benevolence and liberal construction (see si appukuttan v. ..... , the rules), whether for upholding a settlement it must be based on public ground affecting social justice and where an act has been indicated by the legislature to be performed in a particular mode, can that be performed otherwise, are the short but significant questions that fall for determination in these ..... ignored that what was the necessity to the workmen to tender resignation once award was made in their favour and their reinstatement ..... singh, air 1964, sc 358, it was held as follows:'if a statute has conferred a power to do an act and has laid down method in which that power has to be exercised, it necessarily prohibits the doing of the act in any other .....