Court : Allahabad
Reported in : AIR1915All421
..... 375. the instrument was sent to the collector, who considered it to be a release and referred the case to the board of revenue under section 56(2) of the act. the chief controlling revenue authority give it as their opinion that the two deeds read together constitute an instrument of partition liable to a duty of rs. 375 under article ..... 45, schedule i, of the stamp act. but as they consider the question as one of some difficulty, the case has been referred to this court. no one appears on behalf of the chief controlling revenue authority ..... we have carefully considered their contents and we are satisfied that as the deeds stand, they are instruments of release within the meaning of article 55, scheduler, of the stamp act. the case as put by the lady in her deed is that under the mayukha law, she is the owner of the property left by the deceased mathura das. the .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)1UPLBEC279
..... of the superior court in the following words :'42. the contempt of court is a special jurisdiction to be exercised sparingly and with caution whenever an act adversely affects the administration of justice or which tends to impede its course or tends to shake public confidence in the judicial institutions. this jurisdiction may also ..... 10.1991, contained in annexures 8 and 10 to the petition, whereby petitioners' services have been retrenched after due observance of the provisions of the industrial disputes act and the rules framed thereunder.'however, in the order itself, it has been clarified that if and when vacancies arise, the petitioner shall be considered. the ..... division bench found that the retrenchment of the respondents was after the observance of the provisions of the industrial disputes act. no illegality was found in any of the orders so far as this part is concerned. the court thereafter proceeded and found that vacancies are there .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(224)ELT385(All)
..... them to be ayurvedic medicines. the notification dated 1.3.2002 shows difference between paste and powder. a photo copy of the provisions of chapter 33 of tariff act is annexure no. 8. the indications mentioned on the wrapper of both the preparations are very clear as detailed in para 18 and 19. in this connection ..... and penalty which refers that any evasion done it has got the penal consequences. section 9a speaks that the offences to be non cognizable. section 9aa of the act deals with the offence of the companies. if the notification dated 1.3.2002 is taken into consideration then at serial no. 34 tooth paste is mentioned. ..... sky shop limited works on television net work and it entered into agreement with applicant's factory to manufacture the above two medicines for which the applicant concerned has acted as 'loan licencee' and made available its manufacturing facility for manufacturing the ayurvedic medicines. the photo copy of the agreement is annexure no. 4. the wrapper provided .....
Tag this Judgment!Court : Allahabad
Reported in : 2006CriLJ4285
..... .b., referred to above, can no longer be treated to be a good law. it was further held in this ruling that the provisions of section 362 of the code act as a bar in recalling an order passed by the court even if it is found subsequently that previous order passed by the court was offending the principles of natural .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ2233
..... suicide so as to make her own daughter a widow. it may not be out of place to mention here that presumption under section 113a of the evidence act is not available to the prosecution in this case and therefore, there should have been positive material to connect the applicant in revision either by direct or circumstantial ..... diary. her dying declaration was also recorded by executive magistrate. on facts the hon'ble supreme court came to the conclusion that presumption of section 113a of evidence act could not be drawn against the husband. it further held that the case was not one which could fall in clause secondly and thirdly of section 107 of the ..... j.t. (sc) 599 :(air 2001 sc 3837) the apex court observed as under (instigation is to goad, urge forward, provoke, incite or encourage to do 'an act' to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC252; (1998)3UPLBEC1989
..... do not find any substantial change in legislative policy or major departure with regard to the mode of selection. the composition of commission under the amended act is provided in section 4, which reads as under :composition oj thecommission.--( 1 ) thecommission shall consist of achairman and not more than sixother members who ..... interviews or examination, were considered necessary, from amongst the candidates, possessing the minimum qualification having been clearly indicated by the various provisions of the act. the duty to prepare the guidelines on matters relating to method of recruitment and promotion and to conduct examination or to hold the interviews for ..... as professor of university, principal of any college affiliated to the university and the principal of any institution recognised by the u. p. intermediate education act, 1921. the commission consisting of such eminent persons could be trusted for holding free and fair selection. in section 10, it was further provided that .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1234; (2000)3UPLBEC1879
..... did not interfere into the matter of bhutan lotteries for the reason that the bhutan lotteries cannot be controlled under the said act, because the act was confined to the state organised lotteries under the union list, while bhutan lotteries were sold in india as well as in ..... and houses tohandicapped persons onconcessional rate, but on thecontrary the parliament has framed.the persons with disabilities (equalopportunities, protection of rightsand full participation) act, 1995.which provides for preferentialallotment of land on concessionalrate, of houses, setting up business,setting up of special recreationcentres, establishment of specialschools, establishment ..... the decade of thedisabled persons (1993-2002)convened by the economic and socialcommission held at beijing during,1st to 5th september, 1992, theparliament enacted act. 1995. thusproclamations, declarations andvarious resolutions, and covenants, towhich india is a party and asignatory, can be enforced by thiscourt to the extent .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All86
..... v. abdul aziz khan : air1932all596 .46. the transfer in the present case must, therefore, be held to be a sale within the meaning of section 54, t. p. act, which could only be effected by means of a registered instrument. consequently, my answer to the question referred to the full bench is as follows: an oral transfer of immovable ..... transaction transfer to each other two properties in exchange for a price is that, such, a transaction would be governed by the provisions of section 54, t. p. act, which also govern sale transactions between muslims.44. the view taken in both the cases of kulsum bibi is neither in consonance with the view expressed by this court in ..... lieu of dower could or could not be made without a written and registered document did not arise in that case as it was decided before the transfer of property act came into force.rachhpal singh, j.36. realized that the 'precise legal position' of a gift for consideration 'must lie midway between gift properly so-called and sale .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578
..... omitted) ............................... explanation (2) ..............................................................(omitted) ...............................10. manufacturing process has been defined in section 2(k) of the factories act and sub-clause (1) shows that it means process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adopting any article or ..... manufacturing process is being carried on without the aid of power, or is ordinarily so carried on : but does not include a mine subject to the operation of (the mines act, 1952 (xxxv of 1952) or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place : explanation (1)...............................................................( .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3269
..... should not be extended beyond the legitimate field. in this view of the matter, there can be no scope for doubt to hold that by section 12 of 1956 act the legislature has created a legal fiction requiring the court to accept adopted child as real child of adoptive father and mother. in my opinion, such legal fiction was ..... and popular or natural meaning of such word or expression shall not be applied.13. now the provisions of sections 12 and 16 of the hindu adoption and maintenance act, 1956 are extracted as under:12. effects of adoption.--an adopted child shall be deemed to be the child of his or her adoptive father or mother for all ..... would be applicable but it also bears its extended statutory meaning. at any rate, such expansive definition should be so construed as not cutting down the enacting provisions of an act unless the phrase is absolutely clear in having opposite effect (see jobbins v. middlesex county council (1949) 1 kb 142). where the definition of an expression in a .....
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