Court : Allahabad
Reported in : 2006(3)AWC2331
..... consumer disputes redressal commission could grant time to the respondent to file reply beyond total period of 45 days in view of section 13(2) of the consumer protection act, 1986. it was held that the intention to provide time frame to file reply is really made to expedite the hearing of such matters and avoid unnecessary ..... the alternative course of depositing the total decretal amount.18. considering the object behind establishing small cause courts and the scheme of the provincial small cause courts act in view of various pronouncement made by different high courts, hon'ble supreme court was pleased to observe as follows:the proviso does not provide for the ..... court for setting aside the ex parte decree, which has been rejected for non-compliance, of the condition contained in section 17 of provincial small cause courts act. the revision filed by the petitioner has also been rejected by the district judge, sultanpur. in this writ petition both the aforesaid orders (annexures-1 and 2 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All275; 1955CriLJ754
..... one offence. it also does not restrict the extent of punishment to the lower limit provided for either of the two offences. it merely protects an accused against the multiplicity of punishment and if his act falls within two or more separate definitions of any law in force, it limits the punishment to the maximum term which could! be ..... wanted to treat them as their special favourites and while a banker, a merchant, a factor, a broker, an attorney or an agent may be sentenced to transportation for life for committing criminal breach of trust under section 409, i p. c., a public servant who might have embezzled enormous sums, was' liable to punishment only under section ..... code, the authors of the code had to frame a definition which would apply to all persons to whom an entrustment could be made in the normal transactions of life and they had not the public servants alone in their minds. still there are two minor changes which theoretically make the scope of section 5(l)(c), prevention of .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC22
..... perform the statutory duties to give quick justice envisaged under the consumer protection act to the aggrieved party. article 21 of the constitution of india envisages right to life. the supreme court has expanded its scope by giving so many judgments. right to life includes to gel pure things and non-supply of sub-standard ..... state to create infrastructure to implement the minimum guarantee of civilised life envisaged under article 21 of the constitution of india by implementing the objects of the consumer protection act. article 14 of the constitution of india also envisages reasonableness in performing administrative act by the state government. it would be violation of article ..... case.17. we direct the state government to constitute at least five state consumer forums at state level as discussed under section 16 of consumer protection act by bringing necessary amendment. the state government can also as law by making local amendment with the prior consent of the president of india under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All293
..... a specific fraud attributed must be alleged and proved, that such fraud must be fraud on both sides and that mere negligence on the part of the guardian in protecting the minor's interest would not be sufficient to prevent the decree being binding on the minor. it was further held that if the law were otherwise no person ..... , which are necessary for protecting the interest of the minor, the failure of the guardian to act is undoubtedly negligence; (6) the remedy of the minor may be against his guardian, but that is not his exclusive remedy. he can ..... which might be reasonably expected in view of all the circumstances of the case from a person in a fiduciary position who is required to protect the interest of persons committed to his care. he is to act like a reasonably prudent man; (5) where the guardian is required either to initiate or continue any proceedings in a court of law .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC630
..... our constitution which are enshrined in part iv of the constitution. articles 38, 39b and 48a envisaged that it was the responsibility of the state to protect environment, safe guard forest and wild life of the country and take all effective steps. articles 48a and 51(1)(g) of the constitution being relevant are quoted below.38. state to ..... and garhi, water channels and riverbed etc on the basis of the revenue records of the date of vesting under the u.p.z.a. & l.r. act, 1950 i.e. 1st july 1952 to pinpoint the status thereof by constituting a special investigation team consisting of revenue authorities and other concerned officials and environmentalists and take ..... deepening of ponds etc. and to maintain ecological balance etc.3. it may also be clarified that in case the land as mentioned in section 132 of the act is being utilized for purposes like road, temples, pathways, educational institution run by the panchayat, public wells, tanks and water channels shall be set apart from demolition .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All179
..... of constitution with advantage :--it shall be the duty of every citizen of india : (a) to (f)..... (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.' 10. it becomes essential in view of the fundamental duty imposed and under article 21 of ..... .e. the water (prevention and control of pollution) act, 1974 and the air (prevention and control of pollution) act, 1981 as well as environment (protection) act, 1986.11. so in the light of this new philosophy to solve the human problems so as to sustain healthy life, the legislature thought it fit to impose cess on ..... state governments have to provide funds to the central board and state boards for prevention and control of water pollution respectively, for implementing the provisions of the act. however, due to pressure on the limited resources, the state governments are not able to provide adequate funds to the state board for their effective functioning. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All119
..... to the whole land. this is not only contrary to law but offends against one's sense of equity and justice. he is entitled to the protection of section 60 of the easements act against ejectment from the site en which he has built the house, but not against ejectment from the land surrounding the house. the parties were on ..... the plaintiff's khandahal about 35 years prior to the suit and had been living in it ever since. accordingly, it held that the defendant was protected by section 60 of the easements act and dismissed the plaintiff's suit in toto. the learned judge also held that the suit was barred by limitation. the plaintiff has now come to ..... to live in it ewer since. the defendant pleaded that as he had constructed the house at his own expense he was a licences whose licence was protected by section 60 of the easements act and irrevocable.3. the trial court believed the plaintiff's version and held that the defendant was a tenant; consequently it passed the decree against the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1123
..... were neither normally residing nor wholly dependant upon him in case, the tenant has failed to establish this fact, he could not claim protection under the proviso to section 12(3) of the act.10. i have considered the judgments relied upon by the both sides and have also perused the orders impugned in the writ petition. ..... be whether the acquisition was made during the lifetime of the tenant radhey shyam or after his death. the acquisition of the various residential buildings were in the life time of the tenant radhey shyam. these acquisitions were made in 1981-82 where as radhey shyam undisputedly died in 1983. therefore, the tenancy of radhey shyam ..... acquisition of residential building by any of the family members. in this case at least two if not three of the family members had acquired residential accommodation during life time of the tenant. thus, there was deemed vacancy in the premises in question.11. further from the record it appears that the landlady had sought for .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All51; 1970CriLJ132
..... 2) an intention to cause bodily injury likely to cause death; (3) knowledge that death is likely to be caused. when an accused has killed another to protect his own life, he did have the intention to kill. in fact in most cases it is not denied by him that he had the requisite intention or knowledge. he merely ..... has the same force in this country as it has in england. accused persons in this country are not entitled to a lesser protection than the accused in england when the constitution itself protects life and liberty here against deprivation except one in accordance with the procedure prescribed by law. the meaning of our procedural or adjectival laws ..... in our opinion, fall in the, same class. a person who kills another in order to save his own life cannot be said to have committed an act prohibited by law or a crime. if an accused claims protection of the exception mentioned in section 96 of the indian penal code and fails to establish affirmatively by preponderance of probabilities .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All379
..... provision contained in sub-section (1), it cannot be interpreted in a manner which would rob sub-section (1) of its efficacy and deprive a hindu female of the protection sought to be given to her by sub-section (1).'61. in this case, it was further pointed out that it was only when property is acquired by a ..... inseparable from her estate'.'the restrictions, as the judicial committee pointed out, which are imposed on the hindu widow's powers of alienation, are not merely for the protection of the material interest of her husband's relations, but by reason of the opinion expressed by all the smriti writers that the hindu widow should live a ..... are unable to endorse or accept the submission made on behalf of the appellants that the case was governed by section 14(1) of the hindu succession act. in our opinion, the life estate conferred on basanta kunwar under the family arrangement dated april 21, 1932 is a right acquired under an instrument which prescribed a restricted estate in her favour .....
Tag this Judgment!