Court : Allahabad
Reported in : 1977CriLJ845
..... code irrespective of the fact that the new code had come into force. as observed in halsburys laws of england, 3rd edition, vol. 36, at page 401 'the saving clause preserves something which would be otherwise included in the words of the enacting part' clause (a) of sub-section (2) of section 484 of the new code, in my opinion, ..... for which it was enacted. counsel for the applicant, however, laid stress on the words 'all sentences passed', and urged that as all sentences passed under the old act have to be treated as passed under the new code, the provision regarding the giving of opportunity of hearing before passing of the sentence had to be complied with in ..... repeal is to destroy all causes of action that may have arisen under the repealed statute. but clauses (c) to (e) of section 6 of the general clauses act prevent the obliteration of a statute in spite of its repeal to keep intact rights acquired or accrued and to permit continuance or institution of legal proceedings or recourse to .....
Tag this Judgment!Court : Allahabad
Reported in : (1979)ILLJ401All
..... indian railway establishment code, vol. i--hereinafter referred to as the code--read with section 25f(a) and (b) of the industrial disputes act, 1947--hereinafter called the act--terminating their services with effect from a specified date. the notices further directed that retrenchment compensation was to be paid to the petitioners by the date ..... alia, the plea that the petitioner was not entitled to the relief under article 226 of the constitution which he could obtain by invoking the machinery under the act. the learned single judge, who decided the writ petition, upon a scrutiny of the affidavits exchanged between the parties, held that the petitioner being a 'workman ..... this court should not interfere in exercise of powers under article 226 of the constitution as the petitioners had an alternative remedy available to them under the act was repelled and the decision of the supreme court in premier automobile ltd. v. kamlakar shan taram wadke (supra) distinguished on the ground that in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All135
..... lack of adequate educational aids, such as free studentship, scholarships and monetary grants. 5. lack of residential hostel facilities. 6. unemployment among the educated which acts as a damper on the desire of the members to educate their children; and 7. defective educational system which does not train students for appropriate occupations and professions ..... english medium. a counter-affidavit on behalf of the public service commission has been filed in the case denying that the copies of bare acts published and printed by the private publishers contained citation of rulings and asserting that other private publications which were purchased by the commission for being ..... published copies. they also stated that, according to the information rendered by the joint secretary to the u. p. public service commission, no bare acts would be supplied in hindi. the petitioners alleged that they had throughout studied in hindi medium in school, college and university and they would be discriminated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All42
..... contingencies.31. another argument advanced was about the incorporation of section 99-a. counsel contended that if the legislature did not intend to preserve the right of appeal, as it existed before the enforcement of act 104 of 1976, it would not have enacted section 99-a. according to counsel's contention, section 99-a would be rendered ..... second category is concerned, we are not in agreement with his submission that in all cases where execution applications had been filed before act 104 of 1976 came into force, the right to appeal had been preserved. on the interpretation of clause (a) of section 97 (2) there is no dispute about the proposition that the pending appeals ..... eivil p. c. remains unaffected because of the provisions contained in section 97 (2) (a) of the amending act ?2. if answer to question no. 1 is in the negative, does section 97 (2) of the amending act preserve the right of appeal against orders passed under section 47 of the code only in respect of appeals pending on .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All225
..... the nearest reversioners of jagmandar das. 15. learned counsel for the appellant submitted that the limitation for filing the present suit was governed by article 120 of the limitation act, 1908 whereunder the period of limitation for filing such a suit was 6 years from the date on which the right to file the suit for declaration accrued. ..... oct., 1962, the date on which the present suit was filed by the plaintiffs. 16. learned counsel for the appellant contended that section 42 of the specific relief act, 1877 provided that any person entitled to any legal character or to any right as to any property could institute a suit against any person denying or interested in ..... to what may be construed a compulsory cause of action.' the legal position may be briefly stated thus: the right to sue under article 120 of the limitation act accrues when the defendant has clearly and unequivocally threatened to infringe the right asserted by the plaintiff in the suit. every threat by a party to such a right .....
Tag this Judgment!Court : Allahabad
Reported in : (1982)ILLJ373All
..... pleaded that they had been recruited as apprentices and had worked throughout the relevant period as such. the labour court, in proceedings under section 33c(2) of the act, directed payment of emoluments of clerks to these respondents. that order was upheld by this court. the bench, which decided the special appeal, observed, inter alia, ..... section 33c(2) cannot fall within sub-section (2) consequently, the benefit provided in the bonus scheme made under the coal mines provident fund and bonus schemes act, 1948 which remains to be computed must fall under sub-section (2) and the labour court, therefore, had jurisdiction to entertain and try such a claim, ..... as a clerk and entitlement of consequential scale of pay and other benefits only through the adjudicatory process under section 4k of the u. p. industrial disputes act. for the first respondent, however, it has been urged that the determination made by the second respondent of the performance by the first respondent of the duties .....
Tag this Judgment!Court : Allahabad
Reported in : 1982CriLJ1264
..... (p.w. 5, sri rafat ali (p.w. 6, and ram babu (p.w. 7). it was thereafter on 7-8-'80 that munsif magistrate discharged the accused purporting to act under section 245(2) of cr.p.c. a revision against aforesaid order was preferred by respondent no. 2 which was allowed by sri chandra prakash. it is criminal revision ..... and objective circumstances was not open to the learned magistrate vide mitar singh v. sarjit (1970 all cri r 220). after coming in operation of new code of criminal procedure (act no. 2 of 74) chapter xviii which related to committal proceedings and was termed as inquiry as provided under the old cr.p.c ..... . (act no. 5 of 1898) has been abolished.14. so the magistrate had no power to discharge the accused if the evidence at any stage of inquiry or trial disclosed an .....
Tag this Judgment!Court : Allahabad
Reported in : [1985]58CompCas104(All)
..... the owner of the vehicle and its driver. primarily they are the persons who are responsible for payment of the compensation awarded to the claimants. the act merelymakes beneficial provision for speedy and trouble-free satisfaction of the judgment of the tribunal by providing compulsory insurance of vehicle and making the insurance company responsible ..... the driver of the vehicle must be in a position to produce a certificate of insurance when demanded by any, authority. similarly section 109 of the act provides that the registering authorities are also bound to provide necessary particulars in respect of the vehicle involved in an accident. all these provisions clearly indicate that ..... according to him, liability of the insurance company to pay any compensation awarded to the claimants on a petition under section 110a of the m. v. act, 1939, arises only when there is a subsisting contract of insurance between the owner of the vehicle and the insurance company. the nature of liability of the .....
Tag this Judgment!Court : Allahabad
Reported in : (1982)30CTR(All)285; [1983]140ITR725(All); [1982]11TAXMAN8(All)
..... k. commercial corporation ltd. v. cit : [1969]72itr296(all) the view taken by this court was (headnote): 'it is well settled that an expenditure incurred for preservation or protection of a capital asset is revenue in nature and not a capital expenditure. the test of allowability is not what a prudent man would do in similar circumstances ..... .' 15. the expression 'gross total income' has been defined in section 80b(5) to mean 'the total income computed in accordance with the provisions of this act, before making any deduction under this chapter or under section 80-o. in other words, for determination of gross total income, deductions allowable under this chapter, that ..... that was refused and thereat the assessee appointed the aforesaid managing agents as its special officers in exercise of its power under section 298 of the companies act, 1956. the assessee, however, contested the rejection of its application by the company law board for extension of the term of the managing agents by making .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD536(NULL)
..... the parties hasa not been truly stated in the instrument of transfer with the object of recuction or evasion of tax liability of the transferor under the it act or facilitating concealment of income or assets of the transferee.this is a fit case for initiating proceedings under saection 269c. issue notice under section 269d( ..... 1979]118itr326(sc) . he also arguaed that qua the defintion of transfer, the acquisition proceedings when though started well, could not be continued in view of the finance act, 1981. he also submitted that no opportunity was afforded to shri virendra saran regarding the acquisition proceedings against the soicety. next, he pointed out that there was no ..... observed in the impugned order that those acquisition; proceedings had been dropped as land was in small fragments to which the provisions of section 269c of the act were not applicable. in the present proceedings before us, the subject-matter of the challenge is only the main acquisition order dated 20-4-1983. the .....
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