Skip to content


Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Sorted by: old Court: allahabad Page 1 of about 13 results (0.558 seconds)

Feb 13 1951 (HC)

Ram Chandra Vs. the District Magistrate of Aligarh and ors.

Court : Allahabad

Reported in : AIR1952All520

..... of the case. it was contended by learned counsel for the state that the suit as framed was misconceived for a permanent injunction cannot be issued under sub-section (d) of section 36, specific relief act which is to the following effect: 'an injunction cannot be granted. .... (d) to interfere with the public duties of any department of the central government, the crown ..... able to rely for disinterested and impartial advice.' reference may also be made in this connection to the well known work of a writer of the highest reputation on the comparative politics, the late president wilson's work on the state. this is what he had to observe about the departments of administration in his book at p. 883: 'so much ..... , mean the federal government; and (b) in relation to anything done before the commencement of part iii of the said act, mean the governor-general in council, or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exercised by the governor-general in council: 8 (43-a) 'provincial government,' as respects anythingdone or to be done ..... after the commencement of part iii of the government of india act, 1935, shall mean-- (a) in a governor's province, the governor acting or not acting in his discretion, and exercising or notexercising .....

Tag this Judgment!

Dec 08 1953 (HC)

S.K. Dutt Vs. Law Book Co. and ors.

Court : Allahabad

Reported in : AIR1954All570

..... of goodwill? a. it is different,' the plaintiff was again asked this question:'q. will you please refer to section 26 as dealt with in the defendant's book and compare it with your book and say whether any of the headings are common?'the plaintiff answered 'no'. the plaintiff was ..... was without substance. counsel for the defendants took up a passage appearing in the plaintiff's book at page 157, note (a), and a corresponding passage which was alleged to be an infringement in the defendant's book at page 323, note 6, and showed that the passage which the ..... the tests which previous authorities have laid down in regard to judging such matters that i insisted upon the plaintiff supplying to the court a chart of the infringements. i asked the plaintiff to classify the infringements so as to show which infringements were infringements of his original composition and ..... tentatively at rs. 200 /-. (c) that a permanent injunction restraining the defendants, their agents or servants from continuing or repeating further or doing any act or acts to infringe or injure the plaintiff's copyright be granted--this relief the plaintiff values at rs, 100/-. (d) that costs of this suit ..... 1946. the defendants also denied having infringed any copyright that may subsist in favour of the plaintiff in the book entitled 'the indian partnership act'.the defendants further alleged that their book contained much more material than was contained in the plaintiff's work. the defendants further denied that their .....

Tag this Judgment!

Jun 01 1955 (HC)

Sheoraj Vs. A.P. Batra and anr.

Court : Allahabad

Reported in : AIR1955All638; 1955CriLJ1451

..... in a close wrapper through a constable.the actual words used, of which 'close wrapper' is a translation, were 'bund kaidak'. a 'bund kaidak' is used for transmission of official correspondence and would not be available to a private person like the, applicant. there is no reason why the applicant himself should not have presented the application before the magistrate. indeed ..... or has been examined as a witness.the court is obligated to refer to the part played by sri babu lal because without doing it it cannot refer to the corresponding part played by the opposite party. it is true that the court is not in possession of any facts explaining what hold sri babu lal or has over the opposite ..... direct evidence could.and in this context the following quotationfrom best's principles of the law of evidence,eleventh (1911) edition, at page 309, where thelearned author deals with the comparative probativevalues of direct and circumstantial evidence, is mostapposite: 'besides, the rule that facts are provable by circumstances as well as by direct testimony, has a considerable effect in preventing guilty ..... particular procedure, it follows that they are not governed by aay particular law of evidence. even if contempt proceedings are judicial proceedings within the meaning of section 1, evidence act, they are outside the scope of section 1 and have always been treated as such.contempt proceedings are usually, decided on the basis of affidavits and not a single authority was brought to .....

Tag this Judgment!

Dec 31 1969 (HC)

Lekhraj Singh Vs. Ganga Sahai

Court : Allahabad

Reported in : (1887)ILR9All253

..... between the andrn and the dravida subdivisions in narasammal v. balaramacharki, i mad, h. o. rep., 420. mr. mayne (section 35) then goes on to say that 'any one who compares the dayabhaga with the mitakshara will observe that the two works differ in the most vital points, and that they do so from ..... as to age, even in the case of those who belong to a different gotra from the adopter. modern practice in the native states seems to correspond to this.'87. in this state of authority, the course which the argument in this case has taken suggests the consideration of the question under the ..... weight of evidence. and the evidence produced is both oral and documentary. the date of the adoption is stated to be katik sudi 15, sambat 1923, corresponding to the 22nd november 1866, and the oral evidence on the point may be classified under two heads, that is, witnesses who depose as to their ..... to point out the change of law, for they say 'it is worth observing that in the limitation act of 1877, which superseded the act now under discussion, the language is changed. article 118 of 1877, which corresponds to article 129 of 1871, so far as regards setting aside adoptions, speaks of a suit to ..... obtain a declaration that an alleged adoption is invalid or never in fact took place', and assigns a different starting point to the time that is to run against it.' that starting point under the present act .....

Tag this Judgment!

Apr 13 1973 (HC)

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Reported in : AIR1973All596

..... for changing section 226(1)348 (1) proceedings - english language227 - all proceedings in english language.376 (1) judge to continue in office.231 (1) judge to continue in office.52. from the above comparative chart it shall be evident that the provisions concerning high courts as contained in the constitution of india are based on the corresponding provisions of government of india act. 1935. most ..... 216, 217, 221, 225 and 230, respectively, of the constitution of india as enacted by the constituent assembly. draft article 201 corresponds to article 225 of the constitution of india and sections 223 and 226(1) of the government of india act, 1935. draft article 201 was passed without any amendment. when the framers of the constitution regarded article 225 (draft article 201 ..... may be mentioned that item 53 in list i, items 1 and 2 in list ii and item 15 in list iii in the seventh schedule to the 1935 act more or less correspond to entries 77. 78 and 95 in list i. entries 3 and 65 in list ii and entry 48 in list iii of the seventh schedule to the ..... of the provisions of the government of india ad have been incorporated in the constitution of india. the changes introduced are:--(1) under article 214 of the constitution there shall be a high court for each state, but in section 219 of the government of india act, 1935 the term 'high .....

Tag this Judgment!

Apr 07 1976 (HC)

The Addl. C.i.T., Lucknow Vs. Smt. Laxmi Nigam, Lucknow.

Court : Allahabad

Reported in : (1976)5CTR(All)230

..... third new international dictionary the meaning of the word adequate is given as equal to, proportionate to, or fully sufficient, exactly corresponding.' the word consideration is neither defined in this act nor in the transfer of property act. section 2(d) of the contract act defines 'consideration' as under :'when, at the desire of the promisor, the promisee or any other person has done or ..... hands accordingly.'8. it is in the back ground of the above that the scope of section 64(1)(iv) of the income tax act, 1961 has to be considered by me. this section creates artificial income and corresponds to section 16(3)(a)(iv) of the income tax act, 1922. the controversy is, however, confined to the interpretation of the words 'adequate consideration.' what then ..... assets to his wife or minor children, other than for adequate consideration and thus lessening the burden of tax upon himself. this was counteracted by the legislature by enacting section 16 of the act. although such transactions may be genuine and valid under the general law, yet, the income therefrom for purpose of tax alone was directed to be assessed in the ..... three hundred years that the courts will not inquire into the adequacy of consideration.' by this is meant that they will not seek to measure the comparative value of the defendants promise and of the act or promise given by the plaintiff in exchange for it, nor will they denounce an agreement merely because it seems to be unfair. the promise must .....

Tag this Judgment!

Apr 16 1976 (HC)

J.K. Synthetics Ltd. Vs. R.D. Saxena, Director of Investigation and or ...

Court : Allahabad

Reported in : [1977]47CompCas323(All)

..... should not oust the jurisdiction of the commission to conduct such enquiry under section 37 of the act. i am, however, not inclined to agree with this submission. section 20(5) of the english act has got no parallel corresponding section in the indian law. the relevant sections of the m.r.t.p. act, 1969, which i have quoted above, clearly indicate that the intention ..... of the framers of the said act was to curb those restrictive trade practices which are in existence ..... not affected by the determination of agreement effected after the commencement of the proceedings. this is clear from section 20(5) of the restrictive trade practices act, 1956. there is no such corresponding provision in the indian act. section 37 of the m.r.t.p. act, 1969, empowered the commission to enquire into any restrictive trade practice whether the agreement is registered or ..... trade practice which should be discontinued or should not be repeated.57. my above conclusions are further fortified by a comparative analysis of the various relevant sections of the english law as embodied in the restrictive trade practices act, 1956. the relevant portion of section 20 of the english law runs as follows : '20. (1) the court shall have jurisdiction, on application .....

Tag this Judgment!

Jan 04 1985 (HC)

Bhashir Kumar Agarwal and ors. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : AIR1985All183

..... to passenger at the rate of rs. 6/- per passenger i.e. rs. 354/- for 59 passengers totalling to rs. 2280/-. under the revised tariff the corresponding premium will be as under :fixedcomponentrs. 440.00+70% of theinsured estimated value of rs. 3 lacsrs. 2100.00+liability of third party including liability under the ..... ,000/- to rs. 6,000/-. so the amendment made in the year 1970 shows that there was increase in liability by 250 per cent without making corresponding increase in the tariff rate. in the light of these materials, sri saran contended that the revisions made by the t.a.c. in february 1982 ..... the tariff rates were revised. it is, therefore, said that the t.a.c. fully kept in view the provisions of sub-section (2) of section 64uc of the insurance act 1938 inasmuch as, in revising the rates it took maximum care to ensure that there was no unfair discrimination between risks of essentially the ..... sc 2059 motor owners insurance co. ltd. v. jadavji keshavji modi, sri saran submitted that the expression 'any one accident' occurring in section 95(2) of the act 1939 was interpreted so as to enhance the liability of the insurer. the suprme court held that if the matter is looked at subjectively, as ..... and false and exaggerated claims resulting in higher administrative expenses. referring to the chart as given on page 8 of the counter affidavit, sri saran urged that the price of car had increased by 114 per cent in 1981, as compared to 1976 and the increase in the cost of spares and rate of .....

Tag this Judgment!

Oct 28 1986 (HC)

Trivikram NaraIn Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR1987All362

..... also invited to state of andhra pradesh v. u.s.v. balaram, : [1972]3scr247 . comparative study of various sections of the act was made with provision in guruvayoor devaswom act 1971 enacted by kerala legislature and it was urged that analogous provisions of that act having been struck down by a bench of five judges in tharamel krishnan v. guruvayoor devaswom managing ..... employees to furnish returns and reports and other informations relating to institution and funds; power has been given to authorities to inspect moveable and immoveable properties and records and correspondence etc., authorities have been given power to fix remunerations for religious performance; duty has been cast to make annual registers; power to regulate expenses over religious requirements ..... separate petitions filed under article 226 of the constitution against take over of management of the temple by the state government, first by ordinances, replaced later by act 29 of 1983, as ultra vires and invalid as it hurt not only their religious feelings and sentiments but of hindus in general and was violative of contitutional guarantee of ..... jagdishwarinand v. police commr. calcutta, : 1983crilj1872 popularly known as anand margis case is yet another decision where the three tests pointed out in aurobindo ashram's case : [1983]1scr729 were reiterated. but it again was concerned with religious sect or body. neither of the decisions was concerned with collection of individuals having common faith onlv or religious body .....

Tag this Judgment!

Dec 19 1988 (HC)

U.P. Avas Evam Vikash Parishad and ors. Vs. Dr. N.V. Rajgopalan Achary ...

Court : Allahabad

Reported in : AIR1989All125

..... in damages recoverable in the action if the uncertainty were resolved in his favour at the trial; but the plaintiff's need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated under ..... in governing in all inclusive rule, which would encompass the factual situation in all cases, that is, each case, so far as the application of the doctrines of relative or comparative injury is concerned, rest upon the particular or peculiar circumstances of that case. in american cyanamid co. v. ethicon ltd., (1975) 1 all er 504 house of lords laid down ..... may be deemed fit in the circumstances of the case, may also be awarded to the plaintiffs against the defendants. 3. they alleged that the state government exercising, power under section 3 of the uttar pradesh avas evam vikas parishad adhiniyam, 1965 established the parishad to execute housing and improvement schemes, other projects and to co-ordinate various housing activities in ..... injunction should be given or awarded only in clear cases.18. another matter which needs to be emphasised at this place is that the parishad has been created by the act for achieving laudable objects and if such an injunction, as was granted in this case, was given, the result would be that a huge public fund would' remain unpaid resulting .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //