Court : Allahabad
Reported in : AIR1952All231
..... or without joinder of offences.12. joinder of two or more distinct offences or charges is permitted by the code only to save time, money and labour. it is a measure of convenience only. one should not look for any other purpose or effect of joinder of offences. if a person is tried ..... person from an obligation.' wharton gives the following meaning in his law lexicon : 'to relieve of a duty.' among the various given in murray's dictionary are 'the act of freeing from obligation, liability or restraint; release, exoneration, exemption: exoneration from accusation or blame; exculpation, acquittal, excuse : release from custody, liberation.'9. the ..... improperly discharged.'the sole question for decision is whether the applicant was discharged by the learned magistrate or not. the learned magistrate being of the view that the act alleged against the applicant, constituted the offence of section 804a, and not of section 304, penal code, charged him under section 304a and refrained from charging .....
Tag this Judgment!Court : Allahabad
Reported in : [1981]131ITR27(All)
..... 145 of the cr.p.c. but the assessee did not succeed in that. he, thereafter instituted a suit under section 180 of the u.p. tenancy act on 17th october, 1951, on bachan singh and four others, for possession of the land. the suit was dismissed on may 29, 1962, by the assistant collector. an appeal filed ..... land, sowing of the seeds, planting and similar operations on the land. they would be the basic operations and would require the expenditure of human skill and labour upon the land itself. there are however other operations which have got to be resorted to by the agriculturist and which are absolutely necessary for the purpose of ..... keep this in mind.15. in cit v. all india tea & trading co. : [1978]113itr545(cal) agricultural land was requisitioned under the assam land (requisition & acquisition) act, 1948, and compensation was paid for the requisition. the question arose as to whether the compensation paid was agricultural income and exempt from income-tax. the calcutta high court held .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC482
..... the accounts and other matters relating to the business, to find out illegal money lending, carry out raids in suspicious cases and do regular inspection as provided in the act. the act serves a larger public interest.15. in the case of state of bihar and ors. v. shree baidyanath ayurved bhawan (p) ltd. and ors., : 2005(191 ..... peasants, tenants, agricultural labourers and salaried workers who are unable to repay their loans. the object of the act is to control the money lending business and protect the debtors from the malpractices in the business by detecting illegal money ..... of a fee provided the fee so charged is not excessive. it has further held that the fee charged in respect of renewal under the bombay money lenders act, 1946 is regulatory in nature to control and supervise the functioning of the money lending business to protect the debtors, the vast majority of which are poor .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1316b; (2003)1UPLBEC704
..... since december, 1996. they had admittedly research work to their credit. it may be that mere working for a long time will itself not validate and invalidate act or appointment but the court while examining the entire matter is not obliged to interfere with an order of appointment in all the cases. in ashok kumar's ..... scientists shall, ipso facto, be treated as lecturers in the university. the appointment of teachers in the university is made under the provisions of the state universities act read with the statutes of university. a person can be appointed as a lecturer in the university only in accordance with statute. the petitioners worked as research fellows ..... , who was one of the candidates for the post in question made a representation to the chancellor on 28.1.1997 under section 68 of the state universities act. the petitioners submitted a reply to the representation of respondent no. 4. the chancellor allowed the representation vide order dated 26.8.1999 setting aside the appointment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All70; (1957)ILLJ44All
..... in his supplementary affidavit. 7. the counter affidavit filed on behalf of the director of education by braj kishore srivastava in short states that from 1-4-1947 to december 1951, and from 1-1-1952 to 15-6-1953, the petitioner officiated in temporary vacancies in the grade of rs. 80-6-110-eb-6-140 and rs. 80- ..... the director had powerto transfer the petitioner but as the point has been urged by both the parties i should express my opinion on this question. 18. the intermediate education act of 1921 provides for the constitution of the board of high school and intermediate education and the powers of the board are enumerated in section 1 as follows:-- '1. ..... the board does not specify as to who has to make appointments of the staff of the board. there is nothing laid down specifically in the regulations framed under the act to that effect. 23. the state counsel relied upon the educational code, chapter ii, the heading of which is the controlling and inspecting agencies. 24. clause 4 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All258; 1956CriLJ579
..... that superintendence includes judicial control and that consequently all tribunals within the state are subordinate to the high court. in 'kapur singh v. jagat narain', air 1951 punj 49 (k) a bench of the punjab high court observed that superintendence includes the power to deal with contempt of court, and that all courts and ..... a statute.the criminal, civil and revenue courts are all created by statutes and they are the only courts. a tribunal deciding appeals under section 160, municipalities act is a mere tribunal and is not a court. the constitution . distinguishes between courts and tribunals. article 227 invests every high court with the superintendence over ..... order appeals pending in which he had to represent his client does not explain his making a false confession. his confession is evidence under the evidence act itself; it has been retracted but the retraction is unjustified.then there is the circumstantial evidence, mentioned by the opposite party himself in his affidavit, that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All284
..... recapitulate a few facts already noticed.16. on the loth november, 1953, a controller was appointed by the central government under the industries development regulation act, 1951, even though that appointment was cancelled by a subsequent order of the central government made on the 21st may, 1954. subsequently, however, by a ..... duty on sugar; (b) the payment to the growers of the price of cane including recoverable arrears thereof; (c) the payment of wages to the labour, including recoverable arrears thereof; (d) the essential expenses of the undertaking including the payment of recoverable arrears; and (e) the distribution of surplus funds after ..... spectacular results.3. on the roth november, 1953, a 'controller' appears to have been appointed by the central government under the industries development regulation act of 1951. on the 21st may, 1954, however, the central government cancelled the aforementioned appointment- with the result that the management of the mills reverted to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All620; [1970]75ITR741(All)
..... other establishments, the differentia has no rational relation to the object sought to be achieved by the statutory provision viz. of ensuring peaceful relations between capital and labour by making an equitable distribution of the surplus profits of the year.' 19. the latest case of the supreme court on this point is the state of ..... of the bombay high court as extracted above. 22. on behalf of the opposite side reliance was placed on ramji lal v. income tax officer, : [1951]19itr174(sc) to support the contention that pending proceedings and fresh proceedings could be the basis of a valid classification. there, however, the basis for the classification ..... returned is less than 80 per cent of the income assessed. (g) there was no time limit for commencement of penalty proceedings under the 1922 act. this act requires penalty proceedings to be commenced before the completion of those proceedings in which the income tax officer or the appellate assistant commissioner is satisfied that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All434
..... the government over public limited companies but merely regulates the working of the stock exchange associations and prevents speculation in shares and exploitation of share holders. the companies act itself provides for control of public limited companies irrespective of the question as to whether they are 'widely held companies' or not.10. on the same ..... satisfies the tests, the court will uphold the validity of the law, as it did in charanjit lal v. union of india (air 1951 sc 41), state of bombay v. f. n. balsara (air 1951 sc 318) kedar nath v state of west bengal (air 1953 sc 404). v. m. syed mohammad & company v. state of ..... concerned. while rejectingthe representations made by the petitioners, it is inconceivable that the state government treated them as representations made under section 3 (5) of the act. the subject-matter of the communication as quoted above itself shows that the representations were treated as having been concerned with urban properties valued at more than rs .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC593; (1998)1UPLBEC587
..... continued long pendency. the presiding officer dealing with the cases under the categories of 'critical' and 'very old' have to put in extra labour, energy and time. the present standard prescribed for outturn of work may not besufficient to recompense the judicial officer for the time and energy ..... appellate/revisionalcourts at the district level, they are categorised and labelled as follows : appellate/revisionaljurisdiction(appeals. revisions,misc. and other cases, under various acts) distinctivemarkage of the caseslabel assigned(colour of folder/filecover)(i) over three years'critically old'red(ii) one year to threeyears'very old'green(iii ..... which furnishes a distinctive mark, will determine priorities in the matter of disposal in the following manner :original jurisdiction(original suits, cases under special acts. misc. cases and executionapplications)distinctive markage of the caseslabel assigned(colour of folder/filecover)(i) cases over ten years-critically old'redlit) cases from .....
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