Court : Allahabad
Reported in : AIR2005All318; 2005(4)AWC3324; [2006]133CompCas440(All); [2005]64SCL375(All)
..... the counsel for the petitioner submits:(i) article 254 rather than article 246 of the constitution is applicable as the 1972 act and section 32g of the 1951 act were enacted in pursuance of entry 7 and entry 11-a of list-iii of the seventh schedule. ..... the following points arise for determination in this case:(i) which act will prevail in case an act enacted by the parliament in pursuance of an entry in list-i of the seventh schedule of the constitution is contrary to an act enacted by the state in pursuance of an entry in list-ii of the same schedule? ..... : air 1989 allahabad 226 (the krishna case) that the 1951 act was made in pursuance of entry 43 of list-i and the 1972 act was made in pursuance of entry 43 of list-ii is based on a concession of the parties; and it is not binding ..... the main question involved in this writ petition is, whether the recovery under the up public moneys (recovery of dues) act, 1972 (the 1972 act) can proceed after insertion of section 32g in the state financial corporation act, 1951 (the 1951 act) and the enactment of the recovery of debt due to bank and financial institution act, 1993 (the 1993 act).the facts2. ..... in the venktaswami case it has been observed that the tamil nadu recovery act is referable to the entry 30 of list-ii of the seventh schedule as well as to entry 11-a of the list iii of the seventh schedule ..... the full bench in the krishna case has held that the 1972 act has been made in pursuance of the entry 43 of the list-ii of the seventh schedule .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All19; [1967]66ITR74(All)
..... it to legislate in respect of electricity the impugned legislation neither related to electricity nor to compulsory acquisition of land, being an act for compulsory acquisition of a commercial or industrial undertaking, which had not been provided for in any of the three lists and consequently fell in the residuary power which could be exercised only ..... of lands and buildings, with the result that legislation in respect of the latter cannot fall under entry 49 in list 11 of the seventh schedule of the constitution, and that the impugned act was validly passed by the parliament by virtue of article 248 of the constitution read with entry 97 in list i of the seventh schedule the view that we are taking finds support from mst ..... permitting compulsory acquisition of a commercial undertaking or of an electrical undertaking and madras legislature had not obtained the permission of the governor-general under section 104 of the 1935 act the supreme court held that even though item 9 of the concurrent list permitted the provincial legislature to enact laws for compulsory acquisition and item 31 of the same list permitted ..... their lordships had to consider was whether in view of there being no express entry in any of the lists in the seventh schedule of the 1935 act relating to compulsory acquisition of an electric company, it was possible for the provincial legislature to enact a law for the purpose of acquiring the electric .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All72
..... union of india, reported in air 1959 sc 626 wherein, under similar provisions of the essential commodities act, the supreme court upheld the action of the government also, instead of fixing the retail price for sugar, fixed its ex-factory price. ..... . cold storage order, the respondents could have more appropriately acted under rule 154, which they have not done in this case.32 ..... providing for prevention of a corrupt practice can also be directed only against the activity of a person who uses the cold storage and not in respect of the acting of a person who does not use the cold storage. ..... but what had weighed with them was that there was no reason to cut down the generality of the words used in clause (c) of section 3 of the essential commodities act so as to make them applicable only to the last stage, i.e. ..... it is said that in the first instance section 3 of the act requires that prices for consumer only should be fixed. ..... now there is no doubt that the object of the act is to secure essential commodities for the consumer i.e.. ..... of the essential commodities act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All147
..... is not to be ascertained by any process akin to speculation and the primary duly of a court is lo find the natural meaning of the words used in the context in which they occur, that context including any other phrase in the act which may throw light on the sense in which the makers of the ..... in the decided case the hon'ble supreme court was dealing with a case under the prevention of food adulteration act and in that context held the view that word 'or' in s. ..... 2(1)(f) of the prevention of food adulteration act, 1954 and held that on the plain language of the definition section, it is apparent that the words 'or is otherwise unfit for human consumption' are disjunctive of the rest of the words preceding them; it relates to a distinct and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All57
..... capable of giving evidence : provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the indian registration act, 1908 (16 of 1908), unless its execution by the person by whom its purports to have been executed is specifically denied.'21. ..... 123 of the transfer of property act provides that a gift deed is a transfer of certain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee. ..... section 90-a of the-evidence act, as amended by the state of uttar pradesh, may also be referred to :'90-a. ..... section 68 of the evidence act is relevant for the purpose and as such is being reproduced below:--'68. ..... 90-a(i) of the evidence act was not available to the defendant-appellant. ..... 68 of the evidence act and in any case, the said documents were proved in accordance with law and were admissible in evidence. ..... 68 of the evidence act and as such cannot be looked into inevidence. ..... municipalities act regardinghouse no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All215; 2005(1)ARC431; 2005(2)AWC1457
..... than that for which it was leased, or sell or fell timber, pull down or damage buildings belonging to the lessor, or work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto;(p) he must not, without the lessor's consent, erect on the property any permanent structure, except for agricultural purposes;(q) on the determination of the lease, the lessee is bound ..... relief, which was pending; plaintiff was not entitled to interim injunction in view of clause (e) and (h) of section 41, specific relief act; under lease-deed (ext-1), in case of breach of any of any of the terms and conditions of the lease deed. ..... learned counsel for the respondent then referred to clause (j) of section 108, transfer of property act, which reads-'(j) the lessee may transfer absolutely or by way of mortgage or sublease the whole or any part of his interest in the property, and any transferee of such interest or part ..... the respondents-on the basis of aforequoted section 108 (j), transfer of property act, argued that lessee is in possession and hence lessee has absolute right to use the leased premises as he may like and, therefore, no interim injunction can be granted in ..... we may also refer to clause (o) (p) & (q) of section 108, transfer of property act, which are reproduced-'(o) the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All337
..... agriculturists' belief act would lie to the court to which original decrees from that court would have lain according to the valuation of the decrees as laid down in section 21, bengal, agra and assam civil courts act (12 of 1887). ..... agriculturists' relief act, in spite of the existence of those conditions on account of which ordinarily appeal would have lain to a different court would lie to the court of lowest jurisdiction.7. ..... agriculturists relief act would apply to those cases where appeals could lie to two different courts against the same decree. ..... agriculturists' relief act the language used is different from that of sub-section(1) of section 23, the language used in sub-section(2) of section 5 being that the order shall be appealable to the court to which the court passing the order is immediately ..... agriculturists' relief act will he to the appellate court of the lowest jurisdiction, irrespective of the valuation of proceedings before the trial court.5. ..... agriculturists' relief act is:--'an appeal shall lie to the district judge from an order of a collector or assistant collector passed under this chapter. ..... agriculturists' relief act from the orders of a civil court would lie to the appellate court of the lowest jurisdiction where the original decrees from such court be appealable to more courts than one, regardless of the valuation of the proceedings .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All206
..... among the property which the special judge reported, under section 19 (2) of the act, to be liable to attachment and sale in satisfaction of the debts of the applicant was a decree held by, them against jugal kishore, ram achari and bam autar, when the matter came before the collector under section 24, encumbered estates act, jugal kishore applied on 8-10-1945, stating that the decree was barred by time and so should not be included in the ..... nothing in section 7, or any other section, of the encumbered estates act which prohibits the execution of a decree in his favour by a person at whose instance proceedings are taking place under the encumbered estates act, this is not a case under she insolvency act in which all the property vests in the receiver in insolvency. ..... (1) that the decree was time-barred: (2) that the matter relating to limitation bad been decided between the parties in the court of sub-divisional officer manakapur in the encumbered estates act proceedings: (3) that the decree sought to be executed was based on a fictitious pronote.3. ..... there is no provision of the encumbered estates act which vests the property of the applicant under that act in the collector, or any other officer, unless proceedings have been taken for the appointment of a receiver, which was not done ..... that the property was entered in the list of the properties reported by the special judge under section 19 (2), encumbered estates act to be liable to be attached and sold in execution of the decree. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All266; 35Ind.Cas.279
..... question whether the land in suit in the present case was or was not agricultural land within the meaning of the definition in section 4, clause 2, of the tenancy act was one which the learned district judge had jurisdiction to determine, and in this particular case he had jurisdiction to determine it without a right of appeal being allowed ..... that they may find that they have to deal with a suit against a defendant who is a fixed-rate tenant of certain land by reason of the unrebuttable presumption laid down in section 9 of the tenancy act, but who is nevertheless not liable to pay 'rent' within the meaning of the definition in section 4, and who cannot be sued for rent under section 182 of the same ..... the defendant pleaded that the relationship between the parties was not that of landlord and tenant within the meaning of the tenancy act, that he did not owe the plaintiff rent for the land in question, and he also put the plaintiff to proof of ..... in the first place, the section on the face of it only refers to the procedure in all suits and proceedings under this act, and it does not seem to me that it can be quoted as an authority on the question whether a revision by this ..... there has been considerable argument before us as to the legal effect of the presumption laid down by section 9 of the tenancy act; but it was conceded that the effect of that section, stated at its lowest, is that the entries made regarding such tenures at the time of the last revision of records must be .....
Tag this Judgment!Court : Allahabad
Reported in : [1962]45ITR125(All)
..... be applicable as that was a case in which the tax which was sought as a deduction was no doubt at first sight under the local act calculated on the basis of the estimated income but later on, when objections were filed, the tax was made dependent on the return filed by the ..... that case also the amount paid as tax under one of the local laws was held to be a deductible expenditure and not equivalent to profits and gains mentioned in section 10(4) of the income-tax act on the ground that the tax was being imposed on the basis of estimated income and not on the basis of determined profits or gains. ..... a provision that a list of assessees with the amount of tax assessed under section 114 of the district boards act is to be prepared and objections are to be invited against such list before finalising the amount of tax payable but it is nowhere laid out down in the act or the rules that when such objections are filed it would be necessary of the assessing authority to determine the ..... commissioner, the point taken was that the income-tax officer had not properly appreciated the manner of calculating profits under section 10(2)(vii) of the income-tax act on the disposal of the quadruple and, consequently, the finding arrived at by the income-tax officer was not sustainable. ..... the test, therefore, which decides the question whether a thing is a repair or not is to see whether the act actually done is one which in substance is a replacement of defective parts or a replacement of the entirety or .....
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