Court : Allahabad
Reported in : 2006(1)AWC256
..... in that case, the question1 arose regarding grant of permits under the provisions of motor vehicles act, 1939 by the regional transport authority, bareilly. ..... , : [1962]2scr733 , observing that in case of mineral lease under the mineral concession rules, 1949, central govt was the only competent authority to deal with the matter and as the state government could only carry the orders of the central govt, bombay high court had no territorial jurisdiction to entertain a writ petition in respect of the same. ..... the entire argument in the case had been that the gauhati high court had no jurisdiction to entertain the writ petition as no cause of action had arisen, even partly, within its territorial jurisdiction and receiving the message in arunachal pradesh to appear before the cbi authority at bombay did not give rise to the cause of action, even partly.27. ..... air 1998 sc 143, the hon'ble supreme court examined a case wherein the bombay high court had granted anticipatory bail to a person who was allegedly connected with the offence, for all practical purposes, in a place within the territorial jurisdiction of gauhati high court and all such activities had prepatrated therein. ..... haribox swalram, : air2004sc1998 , the hon'ble supreme court examined a case wherein the writ petition had been filed against the national textile corporation with regard to supply of' cloth by textile mills situate in bombay, for money, and the money was paid to the mills at bombay. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All320
..... jagan nath : air1962all547 in which : air1962all42 (supra) has been overruled, and it has been held that the expression 'entertain' does not mean the same thing as the filing of the application or the admission of the application by the court and that the true intention of the proviso is to allow the judgment debtor to prosecute his application for the setting aside of the sale, if he complies with the conditions contained in the proviso to rule 90 before the application is finally heard and disposed of by the court.36. ..... interpreting section 68-f of the motor vehicles act, 1939, their lordships observed at page 97:'the word 'entertain' may mean 'to receive on file or keep on file', and in that sense the authority may refuse to keep an application on its file by rejecting it either at the time it is filed or thereafter. ..... pirojsha sorabji air 1936 bom 315 the bombay high court has held that absence of attachment prior to sale is only an irregularity, but no more than a material irregularity, and that it is not sufficient for vitiating the sale unless substantial injury is caused to the judgment-debtor.referring to the provisions of rules 30 and 64 of order xxi of the code it was held by the same court in namdev krishna v. .....
Tag this Judgment!Court : Allahabad
Reported in : 1994ACJ1155
..... admittedly, in the present case the application for condonation of delay was pending under motor vehicles act, 1939, on the date of enforcement of act, 1988 and in view of this the ruling of the apex court referred to above on which the corporation has placed reliance will have no application. ..... similar controversy arose before the bombay high court in mohini chandrakant naik v. ..... was pending on the date of enforcement of act, 1988, and, as such, it was to be considered according to the provisions of old act and the argument of the counsel for the petitioner that after the expiry of 12 months the application was not maintainable and was time-barred is without any substance as admittedly at the time of filing of the application for condonation of delay, there was no period of limitation and prescribing the period of 12 months after the enforcement of the act, 1988, the case was to be governed under the provisions of the old act and the new act will have .....
Tag this Judgment!Court : Allahabad
Reported in : 1954CriLJ1485
..... 31 was expressed in wide and unqualified terms and it was far-fetched to suggest that so far as the provision in the bombay abkari act covered foreign liquors it was legislation with respect to import and export across customs frontiers mentioned in entry no. ..... can it be urged that the legislature enacting the principal act has conferred any power upon the state legislatures, nor can it be urged that the state legislature by passing the amendment act has not made a law but simply exercised a power conferred upon it.when executive authorities extend the applicability of an act in pursuance of a power conferred by the act, the whole law is deemed to have been laid down by the legislature passing the act and the executive authorities are simply deemed to have exercised the power and not made ..... whenever the words, 'the high court of judicature at allahabad' are used in the act they may be interpreted to refer to the new high court but it is quite a different thing to say that whatever the old high court was required to do has to be done over again by the new high court as the result of this interpretation and clause 17(c).the provisions of the act which require the high courts to which it applies, to do certain acts use the words 'high court' and not 'the high court of judicature at allahabad. ..... the madras general sales tax act of 1939 passed by provincial legislature was held to be valid in - governor general in council v. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1994)ACC291
..... similar controversy arose before the bombay high court in where the claimants were directed to file claim petition by seeking the condonation of delay and it was held that the remedy was not extinguished by coming into force the act, 1988 and section 6 of the general clauses act saves the rights and liabilities which have accrued and incurred under the repealed statute. ..... (2) in view of the enforcement of the motor vehicles act, 1988 the proceedings should be governed under the new act, and not under act of 1939. ..... alongwith the claim petition an application was also filed for condonation of delay under section 110(a)(3) of the motor vehicles act, 1939 and the said application was numbered as misc. ..... admittedly in the present case the application for condonation of delay was pending under motor vehicles act, 1939 on the date of enforcement of act, 1988 and in view of this the rulings on which the corporation has placed reliance of the apex court referred to above will have no application. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1089
..... subbulakshmi's case the apex court was considering the provisions of section 95(2)(a) of the motor vehicles act, 1939. ..... in anubai gopichand thakare's case, the learned single judge of the bombay high court has held that the motor accident claims tribunal does not possess any statutory power to direct the insurance company to pay the amount of compensation and then recover it from the owner of the vehicle. ..... in view of the decision in swaran singh's case we are not able to persuade ourselves to accept the view taken by the bombay high court in abubai gopichand thakare's case.9. ..... the reason given by the learned judge is that the direction given by the apex court in various cases to the effect that the insurance company should pay the amount to the claimants and then recover it from the owner had been issued under article 142 of the constitution of india, and had been made for doing complete justice between the parties. ..... the other argument of the learned counsel for the appellant is that the tribunal has recorded the finding that the owner of the vehicle was liable to pay compensation, therefore, it was not open to the tribunal to direct the insurance company to pay the awarded amount to the claimants and subsequently recover it. ..... 2008 (4) tac 381 : 2008 (3) accd 1666 (sc) : 2008 (4) awc 3818 and decision of bombay high court in united india insurance co. .....
Tag this Judgment!Court : Allahabad
Reported in : 2(1996)ACC671
..... an insurer registered under the insurance act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocation country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgments were given by a court in india:provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the court concerned of the bringing of the proceedings and the insurer to whom ..... the corresponding provisions, which were in the same terms, under the motor vehicles act, 1939 (for brevity referred to as 'the old act') were sections 96 and 110-c(2-a). ..... dissent from hemendra dutta choudhury's case (supra) also comes in the judgment of the high court of bombay in oriental fire and general insurance co. .....
Tag this Judgment!Court : Allahabad
Reported in : 1(1985)ACC402
..... the corporation contested the claim petition and urged that there was no rash and negligent act by the driver and the accident was due to the sudden appearance of the applicant on the road before the bus and the accident took place in spite of the very best efforts made by the driver of the bus. ..... the first two questions raised by the learned counsel for the appellant pertain to questions of fact, whether there was rash and negligent act on the part of the driver of the bus depends on the evidence on the record of the case and the circumstances apparent from the same. ..... this is an appeal under section 110-d of the motor vehicles act, 1939, filed by the up. ..... the driver swerved the vehicle towards the extreme right and in spite of this the child was hit and died on the spot and the driver was prosecuted under section 304-a, ipc the trial court convicted him under section 304-a, on appeal the sessions judge upheld the conviction and in revision the high court endorsed the view of the sessions judge. ..... in the bombay case the accident occurred at about 11 in the night when the bus was being driven with the aid of the head lights. ..... three facts are relevant the bus was being driven in a crowded locality, the child crossed the road in front of the bus and the driver could not avert the accident and the wheel of the bus, crushed the hands of the child.9. ..... ' this observation was made in a case where the accident took place in the city of bombay on a 40 feet wide road at about 11 in the night. .....
Tag this Judgment!Court : Allahabad
Reported in : [1983]53CompCas676(All)
..... on the question of the quantum of compensation payable, the tribunal assessed the total monetary dependency of the claimant on the deceased at rs, 57,600, but, after making deductions on account of the lump sum nature of the payment, the claims under the life insurance policy of the deceased, the sale of the car belonging to the deceased and the sale of the house, the tribunal held that the amounts already received by the claimant aggregated much more than the amount payable to her by way of compensation and as such she was not entitled to get any compensation against the respondents. ..... this section then makes an exception that such a policy is not needed in respect of cases covered by the workmen's compensation act or in respect of the liability against the death or bodily injury to persons while being carried as passengers or while entering, mounting or alighting from the vehicle at the time of the accident but this exception will not apply in the case of a vehicle in which passengers are carried for hire and reward or under a contract of employment. ..... does it amount to a completed contract between the insurance company and the insured the contention of the learned counsel for the insurance company was that the cont-ract between the parties comes into existence only after the insurance policy has been issued after completing all the formalities, although, once the formalities have been completed, it relates back to the date when the cover note was issued. ..... , bombay, on may 18, 1971 .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3768
..... bank, hyderabad air 2001 sc 477, the hon'ble supreme court considered the provisions of recovery of debts due to banks and financial institutions act, 1993 and held that after the commencement of provisions of the said act came into force, the suit could not be instituted as conferring the jurisdiction upon the tribunal under the act would take away the jurisdiction of the civil court.18. ..... similar view has been reiterated by the hon'ble supreme court while dealing with the provisions of the motor vehicles act, 1939 in shri chand v. ..... of 2003 which was disposed of by this court vide order dated 4th september, 2003 prior to institution of the said suit, wherein it had been submitted before us that the land in dispute belonged to them but the district authorities had taken its possession temporarily for the purpose of holding the function of the chief minister of uttar pradesh as the space adjacent to the said land where the function had been organised was found to be not sufficient for that purpose. ..... such circumstances eviction suit filed by the lessor against the said other member of the company was held to be maintainable in view of the provisions of section 6 of the specific relief act, 1963 in spite of the fact that the provisions of sections 9 and 10 of the companies act, 1956 barred the jurisdiction of the civil court. ..... state of bombay : [1965]57itr643(sc) , considered the issue as under what circumstances a suit of civil nature can be held to be barred by special statute .....
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