Judgment Search Results Home > Cases Phrase: the prohibition amendment act 1973 1 Court: allahabad Page 1 of about 3,707 results (0.126 seconds)

Raghubar Dayal Vs. Commissioner, Kanpur Division and ors.

Court : Allahabad

Reported in : 2005(3)AWC2230; 2005(1)ESC204

..... societies registration act, 1860 prohibiting the registration of a new society, in the year 1973 with the same name vis-a-vis the name of the society, which was earlier registered in the year 1964, therefore, there was no occasion for the assistant registrar to exercise the power under section 12-d(1) of the societies registration act, 1860 for cancelling the registration of the petitioner society on the pretext that there was restriction for registration of a society in the same name and style as that of an earlier registered society. ..... from the aforesaid amendment, it is apparently clear that in the year 1973 there was absolutely no restriction under the societies registration act, 1860 with regard to the registration of a society with identical name and style as that of other society previously registered. ..... prior to the date of aforesaid amendment section 12-d(1) or section 12 of the act do not in any way confer a power upon the assistant registrar to cancel the registration, which has been granted to a society in the same name prior to the date of enforcement of section 3(2)(a) under u.p. ..... in the opinion of the court, the aforesaid amended statutory provisions of section 3(2)(a) read with section 12-d have no application in the facts of the present case and as a consequent thereto to the orders passed by the assistant registrar dated 12.3.1992 and that of passed by the commissioner dated 7.4.1993 cannot be legally sustained.13. ..... the amendments made in the act vide act no. .....

M.S. Hasan and anr. Vs. State of U.P. and Others

Court : Allahabad

..... versus civil judge, nainital & others reported in (1986) 4 scc 558, wherein it has been held that where tenure holder died after coming into force of amendment act of 1972 on june 8, 1973 and publication of a general notice under section 9 but before service of notice under section 10 (2) for submitting statement, the relevant date for determining the surplus land liable to be surrendered should be june 8, 1973 when ceiling on holdings was imposed under section 5.17. ..... we have already noticed that the primary object of the ceiling act, as adumbrated in the pivotal provision in section 5(1) is to prohibit and disentitle a tenure-holder from holding land in the aggregate in the state of uttar pradesh, in excess of the ceiling area, in his own right, whether in his own name, or ostensibly in the name of any other person. ..... (2) as soon as may be after the enforcement of the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1972, the prescribed authority shall, by like general notice, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the enforcement of said act, to submit to him within 30 days of publication of such notice a statement referred to in sub-section (1) : .......................... .....

Gupta Medical Store, Agra and Another Vs. State of U.P. and Others

Court : Allahabad

Reported in : 1998(3)AWC2006

..... standing counsel, on the other hand, submitted that section 37a of the act falls in chapter 6a of the act which contains special provisions for imposing prohibition in any part of the state. ..... under article 47 of the constitution, it is the duty of the state to raise the level of nutrition and the standard of living and to improve public health and the state has to endeavour to bring about prohibition of consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious ..... the above notification, it is clear that notification under section 75 of the act issued by the state government directs that the provisions of the act shall apply to the areas which are already covered by sub-section (4) of section 37a or such areas to which the provisions of sub-section (4) of section 37 are applied in future shall be covered by the provisions of the act ..... also been submitted that even it will affect the manufacturing of the medicines and thus though there is no prohibition in effect, prohibition is being imposed by invoking other provisions of the act.7. ..... on the other hand, have a parallel ambit and field of action to prevent misuse of drugs and medicines containing high percentage of alcohol while section 37a of the act empowers the state government to prohibit the import or export of any intoxicants into or from ..... excise act was again amended by ordinances ..... bench of this court by judgment dated 26.11.1973 upheld the constitutional validity of section 37a of the act. .....

Munna Vs. Smt. Raj Kishori Dixit and anr.

Court : Allahabad

Reported in : 2006(2)AWC1268

..... urban planning and development act, 1973 as well as the building byelaws, the map for construction could not be sanctioned. ..... urban planning and development act, 1973 and building bylaws framed under the act by the respondent no. 2.6. ..... ' the appellant has emphatically pressed the aforesaid question of law whereby he has stated that the amendment could not have been allowed in the appeal with a view to fill up the lacuna or gaps and also that in the event, a fresh issue was framed in view of the provisions of order xli, rule 25, c.p.c. ..... after carefully examining the impugned judgments of the courts below, i am of the considered view that the substantial questions of law raised in respect of the amendment having been allowed and framing of new issue at the appellate stage does not exist. ..... besides, it is also noteworthy that the application for amendment was moved on 1.8.2003 which was allowed and a fresh issue was framed on 10.10.2003 but the defendant submitted to the amendment and did not raise any objection at that stage. ..... 1 was decided against the plaintiff holding that the map cannot be sanctioned on account of the aforesaid prohibitions and restrictions but issue no. ..... subsequently an amendment application was moved on 5.9.2003 and paragraph 5a was added alleging that since the plaintiff has not been able to make constructions for the reason that the development authority raised their objection that the area is earmarked for a park. .....

Sheo Kumar Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1978All386; [1978(37)FLR118]

..... similarly in balsara's case (air 1951 sc 318) (supra) the attack on the ground of article 14 was considered on the merits and several provisions of the prohibition act were held violative of art, 14 and declared void.42. ..... lucknow was also chosen for being a seat of government and very close to kanpur and on the footing of the experience gained in the past, to make the prohibition effective in the district of kanpur it was deemed expedient to cover the district of lucknow as well. ..... there is nothing in the repealing provision or in any other part of the amending act to suggest that the repeal is to take effect at the point of time when the u. p. ..... since this provision operates independently of section 37-a, the position is that irrespective of the prohibition contemplated by section 37-a, every person is entitled to purchase and keep in his possession unlimited quantities of foreign liquor for private consumption. ..... section 4 of the said amending act provided--'in section 20 of the principal act, sub-section (2) shall be omitted.'47. ..... the supreme court held that the act does not revive on the enactment of constitution (fourth) amendment act, which repealed the offending provisions of article 31(2). ..... state, a bench of this court in its decision of 26-11-1973 (all), repelled the various arguments and upheld the constitutional validity of section 37-a.46. ..... he relied upon keshavananda's case (air 1973 sc 1461 para 1076). .....

Om Prakash Agarwal Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1985All172

..... under section 5 of the essential commodities act but is inconsistent with the provisions of the cement control order 1967 as amended by the 1982 notification which was made by the central govt. ..... cement control order, 1973 merely because they have not amended their cement control order, 1973 to make it consistent with the central cement control order as amended. ..... cement control order, 1973 without noticing para 7 of this annexure which speaks of an amendment of the u. p. ..... cement control order, 1973 does not seem to be hit by clause (a) (iii) of the delegation order, still we cannot close our eyes to the fact that where only levy cement is subject to control under the cement control order, 1967 with effect from 28-2-1982 and non-levy cement is free from any control, u. p. ..... therefore, the question that needs examination is whether the restrictions contained in the cement control order, 1973 will continue to affect sales of 'non-levy' cement despite its sale being decontrolled under the cement control order, 1967. ..... the original clause 12 prohibiting the sale of cement at a higher price than fixed has been amended by substituting levy cement in place of cement.'16. ..... cement control order, 1973 even though he holds a licence for this business granted to him under this order because the law as it now stands after the amendment of the cement control order, 1967 with effect from 28-2-1982 does not permit control of 'non-levy' cement. .....

Raghunath Swarup Mathur Vs. Har Swarup Mathur

Court : Allahabad

Reported in : [1967]37CompCas802(All); 1968CriLJ670

..... asif ansari has further contended that even in the absence of such a prohibition in section 269(2) of the companies act, the person acting as a managing director without the approval of the central government on the basis of a reappointment made for the first time after the commencement of the companies (amendment) act, 1960, would be liable to punishment under section 629a of the act. ..... all that section 269(2) of the companies act does is that it prevents the reappointment of a person as a managing or whole-time director for the first time after the commencement of the companies (amendment) act, 1960, from taking effect, i.e ..... section 269(2) of the companies act reads as follows ;' where a public company or a private company which is a subsidiary of a public company, is an existing company, the re-appointment of a person as a managing or whole-time director for the first time after the commencement of the companies (amendment) act, 1960, shall not have any effect unless approved by the central government.'6. mr. ..... it is admitted that har swarup mathur was the managing director of the company before the commencement of the companies (amendment) act, 1960. ..... the order of acquittal passed by the learned sessions judge is based on the view that section 269(2) of the companies act does not prohibit a person from functioning as a managing director before the receipt of the approval of the central government and it cannot, therefore, be said that in doing so the accused contravened the said .....

Baldeo and ors. Vs. Emperor

Court : Allahabad

Reported in : AIR1940All263

..... the next step was the re-introduction by the amending act of 1923 into the criminal procedure code of 1898 of the prohibition against the use of any statement made to a police officer during an investigation whether it had been reduced to writing or not. ..... i think therefore that in dealing with the question now before this bench i am entitled to bear in mind both that section 162 of the act of 1882 was regarded as a 'specific provision to the contrary' within the meaning of section 1(2) of that act and also that, when the position as it had been under the 1882 act was restored by the amending act of 1923, the saving of section 27, evidence act, was not re-introduced with it. ..... but, if an ambiguity exists in the act of 1898, i feel entitled to look for assistance to the earlier act and to ask myself whether, if the legislature on the face of the 1882 act treated the then provisions of section 162 as 'a specific provision to the contrary,' it has not also intended to do so by the still more definite provisions of the present amended section 162 of the present criminal p.c.28. ..... but the significant thing was that the express 'saving' of section 27, evidence act, was not at the same time re-introduced by the amending act of 1923. ..... section 162 of the amended act, however, relates both to written and to oral statements; but it is significant that the proviso saving section 27, evidence act, was not re-introduced. .....

District Board Vs. the Upper India Sugar Mills Ltd.

Court : Allahabad

Reported in : AIR1957All527

..... , the amending act also lays down that no court would entertain any claim for the refund of any portion of the tax, the imposition of which also stated that no court would enforce any decree or order directing the refund on the ground that any portion of such tax was invalidly imposed.the prohibition against enforcement of decrees already passed in favour of assessees on the basis of the original act clearly shows that even where the decree had already been passed, and had become final, the amending act interfered at the ..... execution stage with a view to stop the realisation of sums .....

Deoman Upadhyaya Vs. State

Court : Allahabad

Reported in : AIR1960All1; 1960CriLJ1

..... the argument that non-confessional statements leading to the discovery of facts may be proved as admissions without the help of section 27 of the evidence act cannot be of much avail to the state in the present case because if the statements are made to police officers during investigation (as the statement in the present case was made) the prohibition contained in section 162 cr. p. c. ..... the words added to the second sub-section of section 162 of the amending act of 1941. ..... section 150 of the code,as amended by act no. ..... by the amendment of 1869 it was made wider by the addition of the words 'or in the custody of a police officer,' but the effect of the omission of the word 'or' in section 27 is to make it less wide than even the original section.such a retrograde step could not have been taken by the legislature in 1872 without some good reason. ..... (2) that in case it was held that the section did make a distinction between persons in custody and persons not in custody, in view of the form in which the section stood at the mme when it was lifted out of the criminal procedure code of 1861 as amended in 1869 and introduced in the evidenceact of 1872 the section should be interpreted as ifthe expressions 'a person accused of any offence' and 'in the custody of a police-officer' were separated by the conjunction 'or'. ..... as it stood amended by act viii of 1869. .....