Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: allahabad Page 45 of about 532 results (0.218 seconds)

Munna Lal Vs. Iind Additional District Judge/Fast Track Court and anr.

Court : Allahabad

Reported in : 2009(1)AWC121

..... to in the said sub-section which may have been let out by him before the commencement of the uttar pradesh urban buildings (regulation of letting, rent and eviction)(amendment) act, 1976 to apply under clause (a) of subsection (1) of section 21 for the eviction of his tenant from such building, notwithstanding that such building is ..... and his son are carrying on business of sharrafa and the shop in question is not at all required. after the said written statement had been filed, amendment was made in the written statement which was allowed on 8.7.1997 mentioning therein that one shop was again fallen vacant. the prescribed authority on the basis ..... conduct of the landlord to induct a person through back door into a premises, without there being an order of allotment in violation of section 16 of 1972 act, would be a relevant consideration to be considered by the concerned authority while examining the release application. the duration for which such unauthorized occupant has continued, the .....

Commissioner of Income-tax Vs. J.K. Cotton Spinning and Weaving Mills ...

Court : Allahabad

Reported in : (1986)57CTR(All)215; [1987]164ITR18(All); [1986]29TAXMAN207(All)

..... accepted, it would mean that it would only cover such cases where there is extinguishment of right without extinguishment of the capital asset. this would render the amendment made by introducing the words 'extinguishment of any rights' as futile. in fact, in every case of sale, exchange or relinquishment, there is only extinguishment ..... by the assessee.15. the words 'extinguishment of any rights therein' have a wider meaning than mere destruction as used in section 41(2) of the act. this word has very wide amplitude covering every possible transaction and situation which results in the destruction, annihilation, extinction, termination, cessation or cancellation of any bundle ..... fire, the transaction does not amount to an exchange. the revenue being aggrieved against the said order, made an application under section 256(1) of the act and the appellate tribunal by its order dated september 21, 1976, referred the aforesaid question of law to this court.4. the contention raised by learned .....

Rakesh Kumar Srivastava and Others Vs. State of U.P. and Others

Court : Allahabad

..... direct the high court to consider the matter afresh but subject to the observations made therein". 6. it is in this background that the petitioners moved amendment applications in the decided writ petitions preferred by them. it may be noted that certain persons filed fresh writ petitions. there are some petitioners who did not ..... of the market committees proceeded to appoint employees on the sweet will of the concerned authorities without in any way bothering for the provisions of the act and the rules framed thereunder. it is interesting to note that the market committees claimed themselves to be local authorities for the purpose of obtaining exemption ..... the statutory rules, there cannot be any doubt whatsoever that the board or for that matter the market committees cannot make an appointment in violation of the act and the regulations framed thereunder. apart from the above observations, the hon'ble supreme court while dealing with the rival contentions of the parties and scrutinizing .....

Kishore and ors. Vs. Additional District Judge, Court No.8,lucknow and ...

Court : Allahabad

..... no. 8, lucknow. 8. on 10.01.2011, petitioners/tenants moved an application under section 34(g) and rule 22(d) of u.p. act, 13 of 1972 read with section 151 cpc for amendment of the written statement prayed that after paragraph no. 29, para 29(a) be allowed to be incorporated, the same is reproduced hereinbelow:- "29a. ..... that during pendency of the case under section 21(1) (a) of u.p. act no. xiii of 1972 respondents entered into a compromise ..... after reviewing the law on the subject and considering the varuous pronouncements as laid down , the factors which should be taking into consideration while dealing with the application for amendment in paragraphs 63, it has been held as under:- "para 63 - on critically analyzing both the english and indian cases, some basic principles emerge which ought to .....

Kunwar Udai Raj Singh Gautam Son of Sri D.R.S. Gautam Vs. Appellate Au ...

Court : Allahabad

Reported in : [2008(116)FLR63]

..... , ghaziabad. as per the settlement the workers are not entitled to gratuity for the period earlier to the settlement.3. shri pankaj kumar, the controlling authority, payment of gratuity act, 1972 by his order dated 19.9.2005 awarded gratuity of rs. 31,064/- with 6% interest from the date it was due, with the finding that the claimant ..... (fifth end. 1985): p. 75, 7th edn., 1995 opines: 'in civil proceedings the name of the defendant company must be amended when the plaintiff learns of the change of name, but it appears that he may make the amendment as of right, and in cases where leave of the court is necessary, leave will be given as of course. see mitchell ..... 21713 of 2007 have been filed by m/s bpl display devices ltd. praying for setting aside the order passed by shri pankaj kumar, controlling authority, payment of gratuity act, 1972 by which he has rejected the application filed by m/s bpl display devices ltd. for its impleadment as a party to the proceedings initiated by the workmen of .....

Smt. Chandrawati Devi Vs. Special Judge (S.C./S.T. Act) and anr.

Court : Allahabad

Reported in : 2008(2)AWC1964

..... that the tenant has himself admitted that he is tenant of the disputed shop, as such, application under section 21(1)(a) was maintainable. he urged that the amendment application for bringing on record the fact that the shop was let out without any valid order of allotment was rejected by the predecessor of the presiding officer of the ..... bona fide need itself was perverse which is necessary prerequisite for allowing the release application under section 21(1)(a) of u.p. act no. xiii of 1972.13. perusal of record reveals that the amendment application of the tenant was rejected vide order dated 19.3.1996 holding that as the tenant had admitted that he was the tenant ..... in the disputed premises, the application filed by the landlord under section 21(1)(a) of u.p. act no. xiii of 1972 was maintainable. the appeal .....

Shahab Mohammed Khan and anr. Vs. A.D.J./Special Judge (E.C. Act) and ...

Court : Allahabad

Reported in : 2008(4)AWC3536

..... and ultimately, the suit filed by the opposite party no. 3 was decreed by the judgment and order dated 12.2.2007. therefore, the petitioners made an application for amendment in the writ petition assailing the said judgment. the opposite party no. 3 filed objections to the said application in which it has been mentioned that the petitioners have ..... after considering the law laid down in dhurandar prasad singh's case (supra) held in paragraph 12 as under:the principles specified in section 52 of the t.p. act are in accordance with equity, good conscience or justice because they rest upon an equitable and just foundation that it will be impossible to bring an action or suit ..... dated 5.1.1991 which is under challenge in regular suit no. 259 of 1992.14. it may be mentioned that provisions of section 52 of the transfer of property act safeguards the interest of subsequent purchasers in certain conditions. in sanjay verma v. manik roy and ors. 2007 (25) lcd 313 : 2007 (1) awc 462 (sc), the .....

Satya NaraIn Kapoor Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2007(78)AWC2379

..... the basis of the law prevailing on the date of submission of the application.18. thus, the submissions made by shri goyal are preposterous and not worth merit.19. by amendment, petitioner sought quashing of the order dated 19.9.1996, and all other consequential orders creating freehold rights in favour of smt. rafiqunnisa. however, the relief sought cannot be ..... 's induction could be valid.10. in paragraph 22 of the writ petition, the petitioner himself has quoted clause 15 of the government order dated 16.7.1940 as amended by government order dated 17.2.1942, which provided as under:no sub-letting or transfer of shops shall be allowed. any lessee found to have sublet or otherwise ..... can be filed by a person who is a lessee, his assignee or having an agreement to sell with the lessee or his nominee or tenant under the. rent control act.5. in the instant case, the petitioner does not fall in any of the category, therefore, the petition itself is not maintainable and the court cannot issue a .....

Badr-un-nisa Vs. Muhammad Jan and anr.

Court : Allahabad

Reported in : (1880)ILR2All671

..... amendment 'at the first hearing,' and was amended within the 'time fixed by the court.' i am disposed to think that it is ..... -four hours on the 19th october. it was amended within the time limited by the court and re-filed in its present shape.5. i have considerable doubt as to whether it is competent now for further amendment of the plaint to be made, if it be necessary. according to the terms of section 53, act x of 1877, it was returned for ..... now too late for any further alterations in its shape to be made, but as the view i entertain upon the third point obviates the necessity for any amendment, it is .....

Pradutt Kumar Bharti Son of Shri Parshu Ram, Vs. Allahabad University ...

Court : Allahabad

Reported in : 2007(4)AWC3673

..... have been enforced in the eyes of law.23. reference may also be had to section 52 (3) of the state universities act, which contemplates that any new or additional ordinances, or any amendment or repeal of the existing ordinances can be made by the executive council only if a draft in that regard is submitted by the ..... the academic council, as presented.20. at this stage, reference may also be had to section 52(4) of the state universities act, which provides that the executive council shall have no power to amend any draft proposed by the academic council. it may, however, reject it or return the draft to the academic council for reconsideration ..... either in whole or part together with the amendments which the executive council may suggest.21. for ready reference section 52(4) of the state universities act, 1973 as was then applicable, may be reproduced.52(4). the executive council shall not have power to .....