Court : Allahabad
Reported in : AIR1956All241; 1956CriLJ452
..... section 34 being not itself creative or definitive of an offence would, therefore, fall outside the purview of the ingredients required to be mentioned in the charge under this section.illustration (a) appended to this section would show that when a is charged with the murder of b, this would be an equivalent to a statement that a's act fell within the definition of murder. ..... no error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice'.illustration (b) shows that even where the charge contains an erroneous statement regarding the date of ..... the antithesis is between the preliminary stages, the agreement, the preparation, the planning, which is covered by section 109, and the stage of commission when the plans are put into effect and carried out. ..... a reference to the various sections of the code of criminal procedure at this stage is necessary to elucidate this point.30. ..... at this stage, all that need be noted is that a person charged with the aid of section 34 cannot say that the individual intention of the offender, whatever it might be, was not raised into controversy in such a charge or was immaterial to it.on the other hand, the position under section 149, i. p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All205
..... it was for this reason that contract carriage was included in the definition of 'stage carriage' as given in section 2 (g) of the adhiniyam and explanation ii was added to section 3 which is the charging section by means of a subsequent amendment made by u.p. ..... state of bihar, air 1952 patna 359, section 12 of the bihar finance act, 1950 which provided at tax on all passengers carried by stage carriage and contract carriage was challenged on similar ground. ..... on facts the court found that vehicles were not public service vehicles as no member of public had the right to use them even if he wanted to pay full charges and they were also not stage carriage within the meaning of the act as no fare was paid by the employees travelling therein. ..... the act provided that there shall be levied and paid to the government a tax on all passengers, luggage and goods carried by stage carriage and all goods transported by public carrier vehicle. ..... however, in paragraph 45 of the said judgment it has been noticed by the supreme court that the passenger tax under that act was always paid by the passengers although it was paid to the state by the operators who collected the tax as well as the fare from the passengers.9. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All206
..... opinion that it is in the public interest to grant stage carriage permits (except in respect of routes of areas for which schemes have been published under section 68-c) or contract carriage permits or public carrier permits to all eligible applicants, it may by notification in the gazette issue a direction accordingly, and thereupon all transport authorities as well as the state transport appellate tribunal constituted under section 64 shall proceed to consider and decide all applications, appeals ..... amending act and the notification referred to above stage carriage permits could be granted on non-nationalised routes to all eligible applicants on the footing that sub-section (3) of section ..... what was, however, urged by the learned counsel for the appellants was that the applications which had been made by the appellants for the grant of stage carriage permits stood finally disposed of by the state transport appellate tribunal on february 19, 1975, and as such nothing remained pending, consideration of which could stand postponed until further ..... 1198-t/xxx-4, dated march 30, 1972, pleased to direct that stage carriage permits (except in respect of routes or areas aforesaid), contract carriage permits and public carrier permits shall be granted according to the provisions of the said act to all eligible applicants;and whereas on further consideration the state government is of opinion that the policy of granting such permits to all eligible applicants requires review with a view .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All101; [1962]32CompCas925(All)
..... as 'operate' both of which precede a multiplicity of verbs comprised in the expression 'to create, declare, assign, limit or extinguish', the profusion of these verbs shows that the intention of the legislature was to include within the ambit of this section a large variety of legal transactions, and their collection in this clause indicates that the legislature intended to include within the wide sweep of this provision of law every type of document that may affect any right ..... assumes, a dynamic form, and becomes capable, of enforcement against certain specified property or properties which answer the description of the property given in the debenture.section 109 (1) (f) of the indian companies act of 1913 lays down that every mortgage or charge created by a company after the commencement of the said act which is a floating charge on the undertaking or property of a company shall, in respect of such security, be void against the liquidator and any creditor of the company, unless ..... on the other hand description under the registration act has got to be specific and definite (vide section 21, registration act). ..... we must confess that the question appears, to bristle with difficulties at every stage, and it is not easy to reconcile the conflicting considerations that arise in such a case.7. ..... in this connection we have already held above that the right created by such a debenture is a right in praesenti although it is dormant at that stage. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All257
..... vehicle, possession of which has been temporarily transferred inaccordance with an express agreement of hire for use as a private vehicle and which is used in accordance with the terms of suchagreement'; 'stage carriage' has been defined by section 2(29) of the act as follows: ' 'stage carriage' means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, ..... from the aforesaid definitions it would appear that a 'stage carriage' is what is popularly known as a 'motor bus carrying passengers who wish to be carried along a public highway' while a 'contract carriage' is one which carries passengers under a specific contract and over a specific and agreed route and is not a carriage that runs on any particular route catering for ..... property may be moveable or immoveable and the article applies to both, but the right must come within the definition of 'property', whether it be corporeal or incorporeal, moveable or immoveable.the right to use public thoroughfares always existed in the citizen, and the full bench of this court in moti lal's case ..... pointed out in that case that where ,'the legislative policy is clear and definite and as an effective method of carrying out that policy a discretion is vested by the statute upon a body of administrators or officers to make selective application of the law to certain classes or groups, of persons, the statute itself .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All320
..... under schedule i of the impugned act the compensation payable under section 11 of the act for the cancellation of a contract carriage or stage carriage or public carriage permit under clause (e) of sub-section (1) of section 10 of the act is to be computed for every vehicle covered by the permit as follows, namely:--(1) for every complete month orpart of a month exceeding fifteen days of the unexpired period of the permitrupees one hundred(2)for part of a month notexceeding fifteen ..... having considered the case law on this point we come to the conclusion that so far as the pre-constitution acts are concerned it has been definitely laid down by their lordships of the supreme court that the true effect of article 13(1) is to render an act, inconsistent with a fundamental right, inoperative to the extent of the inconsistency.it is over-shadowed by, the fundamental right and remains dormant but is not dead and when any subsequent amendment is made in the constitution which ..... has the effect of removing the inconsistency the act begins once more to be operative from the date of such .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2804; (2004)3UPLBEC2460
..... clearly eloquent from the materials on record that the petitioner was unaware of entire proceeding which was taken without any intimation at any stage to the petitioner and, therefore, the awards are nothing but a nullity in law and cannot be sustained in law.6. ..... before the arbitrator has an element of quasi-judicial proceeding and it has to act judicially observing essentials of issuing notice and affording opportunity of hearing to the party concerned ..... due process or procedure having been prescribed in the rules framed under the act, any action departing from the procedure prescribed under the rules would render the ..... thus crystallise that arbitration in the instant case was the kind of arbitration without the intervention of court and the authority concerned is enjoined in the act and rules framed thereunder to follow the procedure prescribed thereunder.5. ..... in webster's ninth new collegiate dictionary, the arbitration means the act of arbitrating, specially the hearing and determination of a case in controversy by a person chosen by the parties or appointed under ..... clause (5) of section 71 envisages that the procedure to be followed by the registrar, the arbitrator or the board of arbitrators in deciding a dispute and making an award under this section shall be as may ..... as stated supra, section 71 (5) prescribes that the arbitrator shall follow procedure as may ..... with the above contentions, i feel called to refer to the relevant provisions contained in section 71 of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All24; 1961CriLJ1
..... as i view the matter, a public servant who feels defamed in connection with his private functions has like any ordinary citizen no option but to make a complaint to the magistrate under section 198, but if the defamation happens to be of class (a), as defined by section 114 of the amending act and incorporated in section 198b (1) of the code, two alternative courses are open for taking criminal proceedings against the offender; either the public prosecutor can, the various conditions prescribed ..... allegations are: (1) judge a took a bribe for deciding a law suit in a certain way; (2) civil surgeon b while examining a patient in the state hospital picked his pocket; or (3) transport officer c cheated a bus operator over the issue of stage carrige permit, and these allegations formed the subject-matter of criminal charges against these officials, it is now well settled that no sanction for their prosecution under section 197(1) is needed. ..... but other issues too which arc on the record go to show that he is an unworthy representative of the profession of journalism; many articles in them are vindictive and in execrable taste -- indeed his paper rightly comes under the definition of the 'yellow press'. ..... it does not matter even if the act exceeds what is strictly necessary for the discharge of the duty, as this question will arise only at a later stage when the trial proceeds on the merits. .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]79ITD56(NULL)
..... (appeals).9.6 referring to the meaning of the term loan, as given in the blacks dictionary, definitions of government securities, as defined under section 2(2) of the public debts act, 1974, and also the cbdts instructions, according to which the cbdt, while clarifying the impact of amendment in section 2(7) of this act, has clarified that interest on debentures after the amendment was taxable under the act, the special counsel submitted that under the doctrine of interpretation of statutes ..... directions can be considered to be the 'interest' so as to fall within the purview of this definition of interest given in section 2(7) of the interest tax act and negativing such an interpretation and after referring to the definition of the term 'interest' under section 2(7) of the act, under which 'interest' has been defined to mean-(a) interest on loans and advances made in india;(b) to include commitment charges on unutilised portion of any cl-edit institution for being government of india ..... portion of any credit sanctioned for being availed of in india; and(b) discount on promissory notes and bills of exchange drawn or made in india, but does not include-(i) interest referred to in sub-section (ib) of section 42 of reserve bank of india act, 1934 (2 of 1934);(ii) discount on treasury bills.8.2 elaborating the principles of 'interpretation of statutes' submitted that the definition, while defining interest uses the words 'means' and 'includes', which has to be taken as a special .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2818; 2005(3)ESC1662
..... yadav, 1961 alj 120, this court, while examining the similar issue held that the use of the expression 'flagrantly abused' in sub-section (3) of section 40, therefore requires that even if there is no sinister or oblique motive, there must be something to show that in committing the acts complained of the member concerned was using his position as a member for a wrong purpose, or that he was taking some advantage of his position which he ought not to have taken, and that ..... in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or(xiv) willfully contravened any order or direction of the state government given under this act; or(xv) misbehaved without any lawful justification with the officers or employees of the municipality; or(xvi) disposed of any property belonging to the municipality at a price less than its market value; or(xvii) encroached, or assisted or instigated any other ..... the said fact, which is a piece of evidentiary material, utilised for forming a definite opinion against the petitioner does not find mention either in the show cause notice issued to the petitioner nor it is referred to in the comments of the deputy district magistrate. ..... it is, therefore, obvious that at no stage any effort was made to deliberate upon the explanation submitted by the petitioner even though the same finds reference in the report submitted by the deputy district magistrate. .....
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