Judgment Search Results Home > Cases Phrase: stage carriages act 1861 section 1 definition of stage carriage Court: allahabad Page 2 of about 68 results (0.123 seconds)

Shashi Kant Rai Vs. Regional Transport Authority, Allahabad Region, Al ...

Court : Allahabad

Reported in : AIR1968All229

..... section 57(2) says that an application for a stage carriage permit shall be made not less than six weeks before the date on which it is desired that the permit shall take ..... 762 of 1963, d/- 14-4-1964 (sc) and relied upon the following observations of the supreme court in ram gopal's case, air 19511 sc 851 --'nor is there anything in the act to lead to the conclusion that an applicant for a permit is bound to put in objections against the applications of competing applicants for the grant of the renewal of the permit ..... in this situation the regional transport authority was, in view of the proviso to sub-section (3) of section 57 of the motor vehicles act, entitled to summarily refuse the application without following the procedure of publication of the application and inviting objections ..... sharma, learned counsel for the petitioner, rightly pointed out that in view of the provisions of sections 57 and 58 of the act a fresh application for a permit has to be heard along with the application for renewal. ..... respondent and his application being summarily rejected, and then going up in appeal, before coming to this court.on the other hand, the petitioner's allegation that the secretary of the regional transport authority has acted arbitrarily in not directing the publication of his application appears to be well founded. ..... on 2-11-1966 replied that there would be no vacancy on the date the petitioner desired his application to be considered under section 57(2) of the motor vehicles act. .....

M.K. JaIn and ors. Vs. State Transport Appellate Tribunal and ors.

Court : Allahabad

Reported in : AIR2004All33

..... taking over jurisdiction under section 68(3)(b) and the grant of stage carriage permit are two different functions ..... of stare decisis, which is a doctrine based upon rule of convenience, expediency and public police and is not applicable for the facts of the present case inasmuch as the motor vehicles act is a central act and that the judgment in manzoor ahmed's case cannot be said to have settled the law which may have operated for a long period to take a different view. ..... , this court, held in its judgment dated 2-5-1990 that it is true that there must be subjective satisfaction in exercise of powers but in view of the legal position including section 100(4) of the motor vehicles act, if state transport authority considers it fit to assume the jurisdiction, in the interest of general public, it can exercise jurisdiction vested in it. ..... india, air 1992 sc 443 : (1991 all lj 1067), in which the supreme court held that after the liberal policy was enforced by the new act, the thrust is upon more operators on the area to provide ample choice to the commuter public to board the vehicle and patronize the operator who is ..... definition of the route provided under section 2(28-a) of the old act ..... relied upon the definition of the word 'route' as defined under section 2(d) of the 1956 act. ..... taking the definition of the route as it is provided in the new act, the muzaffar nagar-bijnor route was notified and this route will mean the line ..... enactment of central act 59 of 1988, definition of the route .....

Vinai Krishna Gaur Son of Sri Kailash Nath Gaur Vs. State of U.P. and ...

Court : Allahabad

Reported in : 2008CriLJ1153

..... has been held that 'any offence alleged to have been committed by public servant while acting or purporting to act in the discharge of his official duty implied section 197(1) of the code, are capable of both a narrow and a wide interpretation. ..... misappropriation of public fund can by no stretch of imagination by its very nature be regarded as having been committed by any public servant acting or purporting to act in the discharge of his official duty rather in such cases the official status only provides the opportunity for commission of the said offences. ..... 18, wherein it has been held by the full bench of hon'ble apex court that the plea that sanction was required to be obtained under section 197(1) before taking cognizance of offence can be raised at any stage of the proceedings and it need not be raised only when court reaches the stage of framing of charge.10. ..... not matter even if the act exceeds what is strictly necessary for the discharge of the duty, as this question will arise only at the later stage when the trial proceeds on ..... therefore the question of absence of sanction can be raised at any stage even at the thresh hold of proceedings and the contention of earned counsel for ..... question of sanction can be raised at the stage of taking cognizance as the cognizance itself depends ..... the objection regarding the sanction cannot be taken at the initial stage and the applicant can take the plea at the stage of framing of the charge. ..... any stage.8. ..... cannot be agitated at this stage. .....

Jawahir Singh Vs. Election Commission of India and Another

Court : Allahabad

Reported in : 1998(2)AWC836

..... come to be considered by several hon'ble high courts and they have taken the view that the release on bail does not wipe off the disqualification under the said section 8 of the representation of the people act, 1951 ; and whereas, it has been observed that the hon'ble madhya pradesh high court, while dealing with the case of purshottamlal kaushik v. vidya charan shukla ............................ ..... . after taking due note andpaying due regard to the above judicial pronouncements of the hon'blesupreme court and the hon'ble high courts, come to the considered viewthat the disqualification under section 8 of the representation of the peopleact, 1951, for contesting elections to parliament and state legislatures, onconviction for offences mentioned therein, takes effect from the date ofconviction by the trial court, irrespective ..... was) observed that:'there is no dispute that in accordance with the plain language of subsection (3) of the section 8 of the representation of the people act, 1951, the appellant was disqualified to be a candidate at the said election held in february, 1992 on ..... . the legislature itself has classified the offences on the basis of their nature and in the residuary provision contained in sub-section (3), the classification is made only with reference to the period of sentence being not less than two years (see ..... . this may be relevant stage where it may be mentioned that petitioner jawahir singh, as stated in paragraph 3 of the writ petition, stood convicted .....

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

..... in admission to educational institutions, including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions referred to in clause (1) of article 30 of the constitution of india, there shall be reservation at the stage of the admission in the following percentage of sanctioned intake to which admission is to be made in favour of person belonging to scheduled castes, scheduled tribes and other backward classes of citizens, in the academic year, - (a) in the case of scheduled castes ..... act 5 of 2007 is constitutionally valid subject to the definition of "other backward classes" in section 2 (g) of act 5 of 2007 being clarified as follows: if the determination of "other backward classes" by the central government is with reference to a caste, it shall exclude the "creamy layer" among such ..... where, due to non-availability of the suitable candidates, any of the seats reserved under the sub-section (1) remains unfilled even after special admission drive referred to in sub-section (2), or sub-section (3), then such vacancy shall be filled by any other suitable candidate, on the basis of merit. ..... of india has been concerned about the welfare of scheduled castes (scs), scheduled tribes (sts), and socially and educationally backward classes (sebcs) of citizens, but it would be not enough unless the education section as a whole, comes forward and contributes in delivering the hope of removal of social and economic inequalities. .....

Badri Prasad Vs. Ram NaraIn Singh

Court : Allahabad

Reported in : AIR1939All157

..... but the motive for legislation; the remedy may both consistently and wisely be extended beyond the cure of that evil, and if on a review of the whole act a wider intention than that expressed in the preamble appears to be the real one, effect is to be given to it notwithstanding the less extensive import of ..... of the act and having regard to the fact that all the sections of the act except section 5 are concerned exclusively with matters relating to the execution of decrees he observes:.as the act itself is not applicable to suits against agriculturists, the provision about stay of suits appears to be outside the scope of the act and inconsistent with the tenor and spirit of the act.3. ..... section 5(1) of the act reads as follows:(1) in computing the period of limitation prescribed by the limitation act, 1908, or any other law for this time being in force, for (a) the institution of a suit in a civil court against an agriculturist for money or for foreclosure or sale in enforcement of a mortgage, and (b) the execution of such decree as is referred to in section 3, and not covered by section 6, the period during which this act shall ..... section 1, clause (1) of the act provides:this act may be called the temporary postponement of execution of decrees act ..... january 1935 and the period of limitation under the provisions of the limitation act had expired on 20th january 1938; but the plaintiff contended that the suit was within time by reason of the provisions of section 5, local act no. .....

ishwar Saran Shukla and anr. Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : 1999CriLJ1075

..... case has been instituted upon a complaint, the complainant has failed to appear on three dates mentioned above, the case is not a cognizable one (vide section 5 of the railway property (unlawful possession) act, 1966) and the charge has not yet been framed in the case. ..... the learned counsel for the revisionists urged that once the essential conditions of section 249 are satisfied in the case, it is incumbent upon the court to ..... however, the word 'may' has been used in the section, the learned additional chief judicial magistrate has exercised his jurisdiction in not discharging the accused, observing that section 249 vests discretion in the court, it is not incumbent upon the court to discharge the accused in each ..... of the controversy involved in the case, it is apposite 'to reproduce' section 249 of the code of criminal procedure, which runs as follows :249 ..... this is criminal revision, preferred under section 397, read with section 482 of the code of criminal procedure, directed against the order dated 2 january, 1997, passed by shri naresh jain, i additional chief judicial magistrate, saharanpur, rejecting the petitioners' applications for dismissal of the com-plaint under section 249 of the code of criminal procedure ..... following conditions have to be satisfied before an accused can claim the benefit of the section :-(i) the proceedings must have been instituted upon a complaint. ..... (iv) stage of passing of order of the discharge must arise prior to a charge having been framed against .....

Emperor Vs. Sheo Charan Lal and anr.

Court : Allahabad

Reported in : AIR1931All353

..... as regards the law laid down by the magistrate who acquitted the accused of the charge under section 7, copyright act (act 3 of 1914), the following passage from the judgment of the magistrate is relevant:when the copyright conferred by section 1, act 20 of 1847 lasted only for 47 years it can not be said that it subsisted when the accused published the book and that 47 years had not expired from the date of its first publication by bholanath...i do not ..... as the complainant has produced his certificate of registration of copyright in 1910 and as he has produced the book which he published in 1910, section 103, evidence act, would place the burden on the defence to show that lakhan's gauna contained in the book of 1910 was also contained in a previous book published by the father of the complainant ..... think that any case under the copyright act has bean made out against the accused and i acquit them on this count ..... it was argued that there had been a complaint of 11th july 1929 by the same complainant against the same accused under section 7, copyright act, and other sections, and that the complaint had been terminated by an order of the magistrate under section 247, criminal p.c. .....

Raja Sharda NaraIn Singh and Co. Vs. U.P. Oil Industries Ltd.

Court : Allahabad

Reported in : AIR1964All558

..... 'a specific charge is one that, without more, fastens on ascertained or definite property or property capable of being ascertained and defined; whereas a floating charge is ambulatory and shifting in its nature hovering over and, so to speak, floating with the property which it is intended to affect until some event occurs or some act is done which causes it to settle and fasten on the subject of the charge within its reach ..... company judge on 18-10-1962 held that the objector is to be treated as an ordinary creditor of the company and that the creditors mentioned in lists iv and vi of the official liquidator, being covered by section 230, indian companies act, 1913, have a priority over him. ..... various kinds of debts due from the company in liquidation sub-section 2(b) of the aforesaid section is as follows:'the foregoing debfs shall ................ ..... relates to the applicability of section 230 indian companies act section 230(1). ..... section 73, transfer of property act enacts this doctrine.in its terms, the section applies the doctrine to mortgaged property which is sold to recover arrears of revenue or other charges of the public nature and to compulsory acquisition ..... , the appellant is a secured creditor entitled to payment, but he is postponed to the creditors mentioned in section 230(1), indian companies act 1913. ..... the appellant continues to be a secured creditor; secondly, whether he is entitled to payment and, lastly, whether section 230, indian companies act is applicable.9. .....

Union of India (Uoi) and ors. Vs. Union Carbide India Ltd.

Court : Allahabad

Reported in : 1978(2)ELT1(All)

..... of nomenclatures for aluminium mill products mentioned above, the pipes have been described as tube in standardized combinations of 'outsides diameter and wall thickness' the- 'tube' has been described as a hollow section long in relation to its cross section which is symmetrical and is round square, rectangular, hexagonal, octagonal, or elliptical, with sharp or rounded corners, and having uniform wail thickness except as affected by corner radii. ..... the central government was authorised to fix the tariff values of the articles enumerated in the first schedule section 2(d) of the act defined 'excisable goods' to mean goods specified in the first schedule as being subject to a duty of excise and ..... producing aluminium case or torch bodies, as described in the writ petitions, is basically pushing aluminium through a die, and is squarely within the definition of the terra 'extrusion' given in the manual, this manual does not recognise impact extrusion as a distinct or independent process. ..... it was held that the fact that a particular substance produced at an intermediate stage is not put in the market for sale would not make any difference and will be immaterial for its ..... 781) the question was whether the processed oil at the stage at which it was sought to be subjected to excise duty, was refined ..... and fed into an impact extrusion press when the slugs are struck by the punch and are converted into a semi plastic state and are pushed into the die, at which stage cans are produced.'10. .....