Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 24 omission of section 27 Court: allahabad Page 8 of about 1,207 results (0.174 seconds)

Santosh Kumar and Others Etc. Vs. Regional Transport Authority, Meerut ...

Court : Allahabad

Reported in : AIR1991All28

..... of s. 135(2)(a) laid down that only those permits or permission under repealed enactment will survive, which are not inconsistent with the motor vehicles act as amended by the central act 56 of 1969 and inconsistent provisions will cease to be effective from the date of the repeal. supreme court accordingly held that the permission/permits granted on ..... the repealed enactment so far as they were not inconsistent with the provisions of the act. the permissions granted under s. 10(1)(c) of the u. p. act ix of 1955 was patently inconsistent with the provisions of chapter vi-a of the motor vehicles act, 1939 and the permission, therefore, ceased to be effective from 1-4-1971, ..... the date of repeal of the 1955 act. therefore, it was no longer permissible for private operators to ply .....

(Munshi) Shib Ram Vs. Faqira and anr.

Court : Allahabad

Reported in : AIR1925All705

..... 25 all. 498. this case, however, is slightly different from that case. further, it appears that after the decision of this case an amending act was passed by which a landlord was allowed to sue for ejectment of an alleged tenant on payment of a smaller court-fee than would be ..... far as i am aware there is no clear authority on either side. this case is sure to go before two judges on a letters patent appeal. it would save trouble and expense if it be heard by two judges at once.mukerji, j.13. the fact of the case ..... the suit was brought as a suit between landlord and tenant on a small court-fee it is pointed out that the court-fees act is a purely fiscal enactment and it cannot take away the right of a party to the relief to which he might be otherwise ..... on rs. 60, viz., a year's rent, under the provisions of sub-clause (cc), clause 11 of section 7 of the court fees act. they valued their suit at rs. 60 so far as the claim for possession went.3. the defence was that the defendant did not hold .....

Gajadhar Misir Vs. Bechan Chamar

Court : Allahabad

Reported in : AIR1934All768

..... of this court reported in girja nandan v. hanuman das : air1927all1 , in which three learned judges against two learned judges held that the transfer of property amendment act, 27 of 1926, was not retrospective in its nature so as to apply to documents executed prior to its coming into force. that was a prior transfer of ..... that is, which shall affect the transfers of property made before 1st april 1930. it is by virtue of section 16, amending act, that the new section 53-a is introduced into the transfer of property act. therefore i consider that section 53-a does have application to a case like the present where the suit has been brought ..... amending act came into force. the present suit was brought on 18th june 1930 and the amending act came into force on 1st april 1930, which was prior to the date of the suit.7. for these reasons i consider that the decree of the lower appellate court is correct, and i dismiss the second appeal with costs. permission is granted for a letters patent .....

Obeetee (P.) Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : (1983)34CTR(All)78; [1983]143ITR793(All); [1983]12TAXMAN351(All)

..... v. cit : [1978]113itr84(sc) , the supreme court had occasion to consider the expression occurring in section 80e (as it stood prior to its amendment by the finance (no. 2) act, 1967). it was held that the legislature had deliberately used the expression ' attributable to', having a wider import than the expression ' derived from ', thereby ..... : [1979]116itr811(all) , with which we respectfully agree.8. in rejecting the application of the assessee under section 154 the ito committed an obvious and patent error in excluding the income derived from the sale of import entitlement and treating it as something different from the income derived by the assessee from its business of ..... be ascertained that the assessee was an industrial company and, consequently, it could not be said that there was any glaring, patent and obvious mistake which could be rectified under section 154 of the act. in our opinion, the view taken by the tribunal is wholly erroneous. the definition of ' industrial company ' set .....

Gajadhar Misir Vs. Bachan Chamar and ors.

Court : Allahabad

Reported in : 153Ind.Cas.717

..... amending act and the amending act with which we are concerned. on p. 934 pages of 24 a.l.j.--[ed.] girja nandan v. hanuman das : air1927all1 , daniels, j., held as ..... of this court reported in girja nandan v. hanuman das : air1927all1 , in which three learned judges against two learned judges held that the transfer of property amendment act xxvii of 1926, was not retrospective in its nature so as to apply to documents executed prior to its coming into force. that was a prior transfer of property ..... amending act came into force. the present suit was brought on june 18, 1930, and the amending act came into force on april 1, 1930, which was prior to the date of the suit.4. for these reasons i consider that the decree of the lower appellate court is correct, and i dismiss this second appeal with costs. permission is granted for a letters patent .....

Mohan Agarwal Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1979All170

..... thereof. it derives its binding force from the fact that it was within the competence of the legislature when it was passed and being permanent would continue till amended or repealed under the amended constitution act.'the effect of a repeal is to dry up the source of power. repeal of an enactment only means that the power to create new law thereunder ..... repealed it. section 130 of the government of india act, 1915 provides:3. the acts specified in the fourth schedule to this act are hereby repealed to the extent mentioned in the third column of that schedule :provided that this repeal shall not affect--(a) the validity of any law, charter, letters patent, order in council warrant, proclamation, notification, rule, resolution, order, regulation, direction .....

Smt. Shobha Sharma and anr. Vs. State of U.P. and ors.

Court : Allahabad

..... chancellor vs malay shukla, of which bench one of us (justice ashok bhushan) was a member, had occasion to consider the provisions of aligarh muslim university (amendment act 1981) and it was laid down that curative and validating power of the legislature can be utilised only when the basis is capable of being removed. the ..... 2035 government of andhra pradesh vs. hindustan machine tools., j.t. 1996(2) s.c. 85, indian aluminium company v. state of kerala and others, air 2005 s.c. 137, virendra singh hooda and others v. state of haryana and others. learned additional advocate general submitted that the petitioners were never performing any supervisory duty ..... , therefore, moved the high court, and the high court allowed the petition. against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976 the effect of which was to deprive the employees of bonus payable to them in accordance with the .....

Chief Inspector of Stamps Vs. Mt. Hulasiya

Court : Allahabad

Reported in : AIR1945All111

..... on behalf of the chief inspector of stamps it has been strenuously contended that sub-section (iv-a) of section 7, court-fees act, which has been recently added by the united provinces court-fees amendment act, 1938, covers this case inasmuch as the declaration sought by the plaintiff necessarily 'involves' the adjudging of the decree in favour of defendants ..... therefore, in effect a suit for setting aside a summary decision or order of a civil court not established by letters patent within the provisions of sub-section (1) of article 17 of schedule 2, court-fees act. in this view of the matter the plaint was obviously sufficiently stamped when a court-fee of rs. 15 was paid ..... this was laid down by their lordships of the privy council long before the amending act of 1938 by which the new sub-section (iv-a) of section 7, court-fees act was enacted by the legislature, but it is significant that the amending act of 1938 (u. p. act 19 of 1938) which introduced the new sub-section (iv-a) into .....

Shabir HussaIn and ors. Vs. Abdul Rehman and ors.

Court : Allahabad

Reported in : 1991ACJ858

..... act were inserted by act no. 47 of 1982 in view of necessity of no fault liability legislation in motor vehicles act expressed and emphasised by the supreme court and various high courts. by this amendment act where a death ..... or permanent disablement is caused to any person as a result of an accident by a motor vehicle, the owner of the vehicle becomes liable to give statutory compensation because of no fault liability. in such proceedings, the defence available under section 96 of the act is not available excepting where ..... taken by the tribunal in directing that both the petitions preferred under section 92-a and section 110-a of the act have to be decided together as similar evidence is likely to be adduced by the parties, is patently erroneous. sections 92-a, 92-b, 92-c, 92-d and 92-e occurring in chapter vii-a of the .....

Shyam NaraIn Misir and anr. Vs. Mangal Prasad Misir and ors.

Court : Allahabad

Reported in : AIR1935All244; 153Ind.Cas.163

..... of heirs, and there was a specific illustration to section 43 which was in point, and the legislature has not thought fit to delete the illustration in the amended act, it is impossible to hold that the illustration is repugnant to the provisions of section 6 and is really wrong. every attempt should be made to reconcile ..... the provisions of section 43 together with the illustration with the provisions of section 6. such a reconciliation is, in our opinion, patent enough. section 6 docs not prohibit emphatically the transfer of a chance of an heir; nor does it make it absolutely illegal so as to vitiate the entire ..... of the property transferred and is authorized to transfer it and the property transferred is not a mere chance of succession, but immovable property itself, and the transferee acts upon such erroneous representation, then if the transferor happen later, before the contract of transfer comes to an end, to acquire an interest in that property no .....