Court : Allahabad
Reported in : AIR1992All135
..... central government or in the case of a railway administered by a railway company, the railway company shall make general rules consistent with this act for the following purposes, namely: xxx xxx xxx xxx xxx xxx xxx (f) for regulating the terms and conditions of which the railway ..... in the larger national interests. congestion in the ports affects the free movement of ships and of essential goods. the scale of rates has therefore to be framed in a manner which will act both as an incentive and as a compulsion for the expeditious removal of the goods ..... prescribed. later on, in rule 6 of the railways (warehousing and wharfage) rules 1958, thew following amendment was made in 1976 by the railway board by means of a notification dated 15th march 1976. the relevant portion of the ..... amended rule 6 runs as follows: '2. in rule 6 of the railways (warehousing and wharfage rules 1958, in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All643
..... been let out to tenants. the expression 'net profits' in section 9(l) has much the same meaning. the section reads :'in a suit to which this act applies or in amending a decree under the provisions of section 8, the ct. shall, notwithstanding anything to the contrary in any law, decree or contract or in any agreement purporting ..... turner in considering the liability of the mtgee. to account held that the proper form of decree would be to charge the mtgee. with what the ship might have earned if chartered in the ordinary course & further with such damages beyond ordinary wear & tear as was occasioned by its reckless & hazardous employment in doing so ..... 855) which was affirmed by the court of appeal in (1889) 42 ch. d. 237 : (58 l. j. ch. 855). in the former cast), the mtgee. of a ship employed the craft carelessly in a hazardous & speculative business & eventually sold her for a small sum because it had greatly depreciated in value on account of its misuse. lord justice .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... . v. state of rajasthan (judgment today 1994 (6) sc 629) section 17a and class molasses added to section 41(2)(d) of the rajasthan excise act, 1950 as amended by rajashan excise amendment act 8, 1985 were impugned on the ground that molasses being raw material of sugar is within the occupied field of legislation under i.d.r ..... matter of entry 33 of list 3 and both parliament and the state legislatures had jurisdiction to legislate in regard thereto. the amendment of entry 33 of list 3 by the constitution third amendment act, 1954, only enlarged the scope of that entry without in any manner whatever detracting from the legislative competence of parliament and ..... third reason thus stated rests on the opening words of section 100(1), constitution act, 'notwithstanding anything in the two next succeeding sub-sections' and the opening words of section 100(8) 'subject to the two preceding sub-sections.' their lord-ships do not doubt that the effect of these words is that, if the legislative powers .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... by him before he was called upon to give his explanation, & was given the power to permit the person to be personally present at any stage of the proceedings. the amended act has done away with that provision contained in section 9. the judge is not bound by rules of evidence contained in the evidence ..... to foreigners only & not to indian visitors from other provinces. for this there was no justification. the act allowed drinking on all cargo boats, warships, troop ships & military & naval messes & canteens. there was nothing in common between cargo boats on the one side & warships, troop ships, etc. on the other side, & it was not easy to say why cargo boats should be ..... treated differently from coasting steamers or passenger ships. there was also no justification for discriminating between military messes & civilian clubs. the pull bench relied upon the cases of barbier, & lindsley. it observed that if you create a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All218
..... twenty thousand rupees or above. in such cases the revisional jurisdiction lay exclusively with the high court. the statement of objects and reasons appended to the 1970 amendment act stated that this was to help in reducing the pressure of work on the high court.5. this, however, was not found satisfactory. section 115, c ..... full bench to the same! phrase occurring in the main section.19. previously section 25 of the provincial small cause courts act conferred revisional jurisdiction on the high courts. subsequently by amending act no. 17 of 1957 this revisional jurisdiction was taken away from the high court and conferred on the district court. the decision ..... were not immune but became amenable to the revisional jurisdiction of the high court. the statement of objects and reasons appended to this amending act stated that the proposed amendments were intended to clarify the legal position. obviously it was not intended to bring about any fundamental change in the legal position. after the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All276
..... company, provided that nothing herein contained shall affect any such contract or agreement for such sale, purchase or supply entered into before the commencement of the indian companies (amendment) act, 1936 (xxii of 1936).'section 86-1 is as follows :'86-1 vacation of office of director --(1) the office of a director shall be vacated if- ..... from the fact that they actually continued to function as directors, even when they knew that this limitation had been imposed by the amendment act of 1936, and did not proceed to amend their articles of association, so as to take away the requirement that all directors-should carry on business with the company.it was ..... to establish just and equitable principles in trade and to form a code or codes of practice, to simplify and facilitate transaction of business and keep the accounts between merchants dealing in grain, cotton seed etc., and of persons entering into those transactions with them; (c) to do banking and money lending business; (d) to do .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)34CTR(All)328; [1984]146ITR220(All); [1983]13TAXMAN565(All)
..... cases where the proceedings had become final prior to july 1, 1960, nor is there an intendment unmistakably pointing to that effect in any provision of the act as amended by the e.d. (amend.) act, 1958. the jurisdiction to make reassessment was conferred, in the first instance, with effect from july 1, 1960, and must, therefore, be confined to ..... of the bombay high court in arvind n. mafatlal v. t.a. balakrishnan, dy.ced : [1968]67itr449(bom) , of the gujarat high court in ced v. n.a. merchant : [1975]101itr270(guj) and of the calcutta high court in ced v. ila das [1981] 132 720 [1981] 132 720 .21. we may also observe that the power of ..... character, different from the power conferred by section 59 of reopening assessment proceedings and, in any case, ceased to be available after the deletion of that provision by the amending act. the order of reassessment made on november 26, 1971, could not be sustained under the deleted provision.22. in conclusion, our answer to the question referred to us .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All122
..... and of which they might not have knowledge for several days thereafter, and which date it was not necessary for the judge to have mentioned till the rule was amended. i have already said that in this province ever since 1888, if not even earlier, it has been well known that the only period that would be deducted under ..... of the same nature as the case before them : see punjab co-operative bank ltd. v. commissioner of income-tax, lahore . it cannot, therefore, be said that their lord. ships' view is necessarily contrary to the view expressed by this court in bechi v. ahsan-ullah khan, 12 all. 461 : (1890 a. w. n. 149 f. b.) the ..... committee observed :'now the learned judges in the appeal court have held that in determining what is the requisite time referred to in section 12, sub-section (2), limitation act, the conduct of the appellant must be considered and their lordships think that in so determining they have rightly regarded the statutory provision. in their lordships' opinion, no .....
Tag this Judgment!Court : Allahabad
Reported in : 1992CriLJ2294
..... 990 (supra), cited by counsel for the appellants.33. turning to the next question which emanates from the first as to whether section 113b of evidence act inserted by the amendment act which is procedural has retrospective operation so that it applies to the present case and its correct interpretation. broad import of article 20(1) of the ..... not be held to be retrospective in operation, hence the conviction under section 304b may be set aside.30. the object of enacting section 304b by the amendment act was to combat the menace of dowry-deaths. by enacting section 304b the parliament seems to have laid more emphasis on the deterrent theory of punishment in criminal ..... such death was to be called dowry death and such husband or relatives were deemed to have caused her death. section 113b added to the evidence act by the dowry prohibition (amendment) act, 1986, is retrospective in operation and points out the mode as to how the prosecution evidence has to be appreciated and how the guilt has to .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ989
..... be committed to the court of session, under section 209 of the code as the offence disclosed under the aforesaid sections of the act, was punishable under section 27 of the act (as amended by u.p. amendment act. no. 68 of 1982) and the punishment provided was for life imprisonment and the additional chief judicial magistrate could not pass sentence ..... with sections 18(a)(i) 18(a)(ii), 18(a)(ii-a) and section 18(a)(vi) of the drugs & cosmetics act 1940 as amended by the u.p. amendment act no. 47 of 1975 (for short the act), where the maximum punishment is imprisonment for life, which is triable exclusively by the court of session, can the chief/additional chief judicial ..... can impose a punishment of 3 years. as state of u. p. by u.p. amendment act no. 68 of 1982 has amended the act and substituted section 27 of the act and made the offence punishable for imprisonment of life. section 36 of the act could not be made applicable, and this can never be the intention of legislature to enact .....
Tag this Judgment!