Court : Allahabad
Decided on : Dec-19-1996
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
Decided on : Dec-11-1996
Reported in : (1997)1UPLBEC540
..... . in this connection it may be mentioned that in the early thirties of this century the british government felt that the sugar industry needed to be protected and developed in this country, and hence various laws were made at that time and subsequently and even after independence in this connection (see bhargava commission ..... . for instance, in the state of haryana a sugarcane central board is constituted under section 3 of the punjab sugarcane (regulation of purchase and supply) act, 1953 headed by the chief minister and other high officials of the agricultural and co-operative department, the director of sugar mills etc. to advise the ..... material used for the production of sugar is sugarcane which is purchased through cane growers' co-operative societies.7. the central government exercising power under the essential commodities act promulgated the sugarcance (control) order, 1966 (hereinafter referred to as the '1966 order'). clause 3 (1) of the said order states as follows :'the central .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-22-1996
Reported in : AIR1996All375
..... other ciass covered by the main section.84. : air1996sc857 , haribilas rai bansal v. state of punjab amendment to section 30 of the east punjab act was under consideration. this gave preferential protection to the tenants of the residential accommodations and not to non-residential accommodations. it held though both residential and non-residential are two separate classes, ..... if it had never been. rights cannot be built up under it, contracts which depend upon it for their consideration are void, it constitutes a protection to no one who has acted under it and no one can be punished for having refused obedience to it before the decision was made. and what is true of an ..... still-born and any validating measure could not instil life therein: that the effect of the act being struck down by the supreme court is that it had been effected from the statute book and to make any such act operative, it was necessary not only to give it the protection against the violation of the fundamental right as .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-1996
Reported in : AIR1996All355
..... his property to him, but it is also the duty of this court, when approached, to pass appropriate orders and issue necessary directions to the government to protect his life, liberty and property and, when found necessary, to restore him the possession of his property.10. a learned single judge of this court in jai prakash vashisht ..... purpose, if necessary, to deprive some rights and privileges of the individual victims or their heirs to protect their rights better and secure these further.'the position of the government being that of parent it has to act, intervene and protect lives, liberty and property of the people when threatened or invaded. its duly is much greater ..... taken to ransom by brute force. such anact creates terror in the minds of the people andhas the effect of shaking the social fabrics of thesociety. these acts also hit and damage theauthority of the government with the result thatthe public order, peace and tranquility of thesociety are disturbed. in such cases it is the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-1996
Reported in : 1996(83)ELT508(All)
..... argued that impugned show cause notice is barred by limitation, inasmuch as the limitation of six months as stated in sub-section (1) of section 11a of the act expired long before the date of the impugned notice. it appears that learned counsel for the petitioner lost sight of the proviso to sub-section (1) of section ..... being underestimated. the excise authorities have nothing to do with the cost of production. the cost of production may be anything, since duty under section 4 of the act is leviable on the wholesale price of the goods cleared.11. similarly in para 17 of the notice, respondent no. 1 concluded that the petitioner had suppressed the ..... 1 has called upon the petitioner to furnish wholly irrelevant details and that the notice is based on wholly irrelevant considerations. it is contended that under section 4 of the act which is a charging section, the duty of excise is chargeable on excisable goods with reference to value and that such value under clause (a) of sub-section .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-1996
Reported in : 2002(144)ELT267(All)
..... also repelled. 14. learned counsel for the petitioners also contended that impugned notice having not been issued within 6 months which is the stipulated period under the act, is without jurisdiction and therefore, all consequential proceedings have become corum nonjudice. according to learned counsel the limitation of 5 years applies only in cases where ..... collusion, misrepresentation or suppression of facts or contravention of the provisions of the act or rules has been committed to evade the excise duty. 15. suffice it to say, in the instant case impugned notice ex facie demonstrates that this ..... in the statutory records or clearing of goods without making entries in the relevant records amounts to suppression of facts and contravention of the provisions of the act and therefore, the limitation of 5 years has full application to the facts of instant case. 16. now coming to the third contention of learned .....
Tag this Judgment!Court : Allahabad
Decided on : May-27-1996
Reported in : II(1996)DMC422
..... say that more often than not, process of the court is being abused. property-grabbers, tax-evaders, bank-loan-dodgers and other unscrupulous persons from all walks of life find the court-process a convenient lever to retain the illegal- gains indefinitely. we have no hesitation to say that a person, whose case is based on falsehood, ..... that the present petition be rejected as not maintainable.17. mr. n.k. seth repelled the maintainability argument vehemently and referred to the provisions of hindu marriage act, family courts act and the notifications referred to hereinabove. he contended that the 'district court' includes any other civil court since order passed by a civil court or a district ..... in the year 1973, that she never resided at sitapur with respondent as was stated in the petition. completely shocked and unnerved at what had happened in her life, the petitioner, a mother of three grown up children, sought legal advice and on the basis of the same she filed a suit no. 271 of 1995 .....
Tag this Judgment!Court : Allahabad
Decided on : May-17-1996
Reported in : AIR1997All155
..... implicit that itcan also he rescinded or modified at any time inexercise of the same power. power to grant exemption, as under section 25 of the customs act,1962 comprehends implicit power to rescind,revoke or withdraw the exemption.16. k was also observed by hon'ble supreme court that the exemption notification issued in ..... of the date, another notification was issued under the same provision i.e.section 25 of the customs act, in public interestwithdrawing the exemption and instead, imposing the custom duty on import. as the government successfully satisfied the court with regardto the public interest involved in ..... 1995 sc 874) more or less similar question cropped up before hon'ble supreme court, wherein a notification was issued under section 25(1) of the customs act by meansof which certain goods were exempted from basicimport duty. the notification specified a dale upto which the exemption would remain in force.but prior to the expiry .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-1996
Reported in : AIR1997All185
..... also in the plaint initially filed, also clearly establishes that appellants had no hand in the preparation of the agreement of sale which appears to be an unit ateral act of the respondent so as to grab the property of the appellants on the pretext of the agreement of sale. the lac casually overlooked this glaring circumstance against the ..... reason that hukum singh was not prepared to he a party to it although it appears earlier respondent had some hope that hukum singh may rupport him in his fraudulent act.28. be that as it may, the evidence in record clearly establishes without any iota of doubt that the story set up by the respondent regarding execution of ..... in question was a bogus document which was prepared obviously for getting rid of the legal obstacle which had been created by the enactment of the prohibition of benami transactions act in view whereof it was not possible for the respondent to get the land back from the appellants who according to the notice (33-a) sent by him to .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-16-1996
Reported in : (1998)IIILLJ355All; (1997)1UPLBEC424
..... the bar that a bill on the subject is in the offing. the rule of law, we are sure, will run with the rule on life -indian life at the threshold of the decade of new development in which labour and: management, guided by the state willconstructively partner the better production and fair ..... substantially severable then they can be considered to come within section 20). (d) constitutional and competently enacted legislative provisions may well remove from the scope of the act categories which otherwise may be covered thereby. we over-rule safdarjung (supra) solicitors' case (supra) gymkhana (supra) delhi university, dhanarajgirji hospital (supra)-and other ..... legal concept promoting precision and rounding off blurred edges but according to hon. krishna iyer, j. the definition is section 2(j) of the industrial disputes act viewed in retrospect, has achieved the opposite, which was sought to be clarified in bangalore sewerage board (supra). sometimes active interrogatories tell better than bland .....
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