Court : Andhra Pradesh
Reported in : [1960]11STC646(AP)
..... as final payment after testing, weighing and pressing operations are completed and the bales are taken delivery of by the petitioner. g.o. 319 dated 10th july, 1951, no doubt exempts all agents but for the three categories of agents specified therein, but the agents such as the assessee who handle goods or documents of title relating ..... come into force only on approval by a resolution of the legislative assembly. such approved rules therefore which advance the purpose or object of various provisions of the act within the allotted field covered by item 54 are not open to question. rule 4-a (iv)(b) indeed precisely prescribes the single point as contemplated by ..... rule is not valid. secondly, the assessee being a commission agent or an intermediary and not a mercantile agent cannot be made liable to any assessment under the act. the last point raised is that the transaction being impressed with inter-state character it is exempt from taxation under article 286(2).4. in order to appreciate .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC43
..... court explaining the object of the enactment in the following words :'we may, in this context, point out that, as indicated in the preamble, the act has been enacted to make special provisions with a view to securing the timely detection of sick and potentially sick companies owning industrial undertakings, _the speedy determination ..... stay was granted for recovery of electricity dues on the ground the company was declared as sick company under section 3 of the sick industrial companies (special provisions) act. 1985. it was held that such company was also liable to pay electricity dues. in foremost industries (india) ltd., kailashpur, dehradun road. saharanpur v. state ..... functioning and incurring further liabilities on account of its own action or omission after it was declared as sick. the object of section 22 of the act is not that a company may continue to function and incur further liabilities by making purchases, consuming electricity and thereafter say that recovery proceedings cannot .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All234
..... his sons and their wives in possessor and was holding them out to be ostensible owneres to the world. but the defendants have not acquired rights by virtue of any act directly done by these ostensible owners, but have acquired the property under an involuntary or compulsory sale and therefore prima facie against the will or at any rate without ..... the consent of these ostensible owners.6. section 41, t.p. act. applies to a case where the true owner allows his benamidar to remain in possession of the property as an ostensible owner and to deal with it as full owner ..... power to make the transfer, the transaction binds the true owner. but obviously the transfer spoken of in section 41 must be a voluntary transfer which is affected by an act of the ostensible owner. on this point there is a direct authority of this court, namely, mangat lal v. ghasi khan 1929 all. 800, which does not appear .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All221
..... separate liability, there was an agreement the preamble of which ran thus 'for the purpose of doing any partnership in brown sugar from mauritus to hongkong agreed to act as follows.' sugar was sent to hongkong, but the venture failed. rashid had been declared an insolvent. karmali brought a suit in respect of the liability of ..... briefly they are these. karimji and rashid were two merchants carrying on business in mauritus. rashid had, all along, a bombay house and karim was in the act of setting up one. karmali was a merchant carrying on business in bombay and in hongkong. karim and rashid resolved to have a joint speculative business in brown sugar ..... both by keshav dutt and lalmani. but mr. shambhu nath seth, the learned counsel for the appellant, contends that the considerations which generally prevail under the partnership act do not exist in the case of a negotiable instrument. before dealing with the authorities cited by him it will be of advantage to notice the relevant section of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC361; (1998)2UPLBEC1462
..... rates of pay of dhaba restaurant workers were increased considering the rise in prices by issuing notification under section 3 (b) of u. p. industrial disputes act (u. p. act no. 28 of 1947). this notification has been challenged on the grounds that notification is arbitrary and invalid. it is also alleged that there was no emergency ..... a right to live life with human dignity and not below the animal existence. the legislature in its wisdom under section 3 of u. p. industrial disputes act after weighing so many conditions issued the notification. the court cannot go behind the wisdom of the legislature unless it infringes fundamental rights of the citizens under chapter ..... iii of the constitution of india. section 3 of u. p. industrial disputes act, 1947 is quoted with an advantage :'3. power to prevent strikes, lock-outs, etc.--if, in the opinion of the state government it is necessary or .....
Tag this Judgment!Court : Allahabad
Reported in : [1994(68)FLR920]; (1993)IILLJ1088All
..... at the settlement and its registration, these rules contain different procedure than an ordinary contract under general civil law. the provisions of section 6-b of the act and rules 26 and 27 are also based on the principles of collective bargaining. even if the settlement appears prima facie valid and consistent with the general ..... it appears that the registration was inexpedient. consequently, it was refused and the said settlement has no binding effect on the workmen. as the provisions under the act are a piece of social beneficent legislation with a view to render social justice to the workmen and the social justice is the cherished goal under the preamble ..... 4 & 5), but on july 31, 1984, the workmen resigned. this settlement was valid and binding irrespective of the procedure contemplated under section 6-b of the act and rules 26 & 27 of the rules which were directory and not mandatory. the settlement could not have been rejected under law and the regional deputy labour commissioner .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All239
..... does not mean that if a document requires registration under any other enactment the exemption contained in clause 2 would prevail against that other enactment. what the registration act provides is that a composition deed so far as it purports or operates to create, declare, assign, limit or extinguish whether in present or in future ..... bankruptcy or even thought it probable though not inevitable and wished to give an undue preference to certain creditors over others, it was fraudulent and constituted an act of bankruptcy.24. the real test is whether there has been concealment by the debtor or whether he had, to use a common expression, placed his ..... 69 and the discussion contained there under the heading of 'arrangements between debtors and creditors' refers to the various enactments in england, especially the deeds of arrangement act, 1914, and there cannot be the slightest doubt that the machinery of trust is recognised there. in bouvier's law dictionary a 'composition' is defined asan .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1220
..... caused extensive damage to the chemistry laboratory and broke bottles of chemicals, damaged the furniture and also molested the college girls students. this riotous, unsocial and indecent act created a reign of terror amongst the girl students, students and teachers and the public which resulted in a melee and in the whole city, the entire ..... and manhandling girl students should be disturbing law and order confined to the college in which such incidents happened. the five first information reports indicate a series of acts of certain persons including the petitioner and om prakash erstwhile co-detenu; throwing of a glass on the principal in one college, namely, d. n. college ..... , has already been released after cancellation of his detention order of the same date passed by the district magistrate, lucknow under section 3(2) of the act. to be specific, in paragraph 19 of the writ petitions, the petitioners submitted that wahid's detention order was not confirmed by the advisory board though .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1916All233; 34Ind.Cas.364
..... representatives of deceased persons. the act was intended to offer protection to debtors and to assure that the certificate-holder was the person entitled as successor to the effects of the deceased person to ..... decree without obtaining a certificate or a fresh letters of administration in respect of so much of the decree as represents her interest therein. in my opinion act vii of 1889 was, as the preamble itself states, intended to facilitate the collection of debts on succession and offers protection to parties paying debts to the ..... deceased person cannot recover the debt without producing a succession certificate. that argument is based upon the language of section 4, subsection 1, of the succession certificate act (vii. of 1889) which begins with these words: 'no court shall pass a decree against a debtor of a deceased person for payment of his debt .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP78
..... of execution of such a decree by a court at barwani, it has to be assumed by reason of section 20(1) of the code of civil procedure amendment act, 1951, that the new code had not come into force and barwani court governed by the madhya bharat code was being asked to execute, what according to that code was ..... in a suit commenced in the manner provided in the indian code, is conducted and decided under the provisions of the indian code, and there is nothing in act ii of 1951 above referred to which has changed that position.'14. it is thus clear from the above observations that while considering the effect of various legislative changes in the ..... as a decree under the madhya bharat code.dealing with the question whether the court at gwalior on the date when the transfer order was passed on september 14, 1951 could act pursuant to sections 38 and 39 of the civil procedure code which was then applicable there and transfer the decree to a court in india governed by me same code, .....
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