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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: allahabad Year: 2015 Page 1 of about 12 results (0.069 seconds)

Feb 05 2015 (HC)

Commissioner Income Tax Vs. Muzafar Nagar Development Authority

Court : Allahabad

Decided on : Feb-05-2015

oral judgment: dr. d.y. chandrachud, c.j. this reference to the full bench has been occasioned by a referring order of a division bench of this court dated 5 august 2013 and turns upon the interpretation of the provisions of section 12aa(2) of the income tax act 1961. the questions which have been formulated for decision are as follows: (i) whether the non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12aa(2) of the income tax act, 1961 would result in deemed grant of registration; and (ii) whether the division bench judgment of this court in the case of society for the promotion of education, adventure sport and conservation of environment vs. commissioner of income tax holding that the effect of non consideration of the application for registration within the time fixed by section 12aa(2) would be deemed grant of registration, is legally correct. the division bench has prima facie doubted the correctness of an earlier judgment of a division bench in society for the promotion of education adventure sport and conservation of environment vs. commissioner of income tax and ors. (supra). section 11 of the act provides that certain categories of income of charitable and religious trusts shall not be included in the total income of the assessee. section 12a stipulates that sections 11 and 12 of the act shall not apply in relation to the income of any trust or institution unless certain .....

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Aug 11 2015 (HC)

United India Insurance Co. Ltd. Vs. Shashi Prabha Sharma and Others

Court : Allahabad

Decided on : Aug-11-2015

..... direction has been issued despite arriving at a finding of fact to the effect that the insurer has been able to establish that the insured has committed a breach of contract of insurance as envisaged under sub-clause (ii) of clause (a) of sub-section (2) of section 149 of the act, the insurance company shall be ..... insurer to pay the amount awarded in the first instance, despite the fact that the insurer had been able to establish that there was a breach of the contract of insurance, the insurer would be entitled to realise the awarded amount from the owner or driver of the vehicle in execution of the award in view ..... which on the contract of the policy he was not bound to pay, he can under the proviso to sub-section (3) and under sub-section (4) recover it from the assured ..... vs captain itbar singh (1960 (1) scr 168). in the earlier decision, it was emphasised that if the insurer was made to pay something which, under the contract of insurance, he was not bound to pay, it was open to him to recover it from the assured: "...secondly, if he has been made to pay something ..... the following conditions, namely- (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose .....

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Sep 18 2015 (HC)

Uma Shanker Singh and Others Vs. State of U.P. and Others

Court : Allahabad

Decided on : Sep-18-2015

dr. d.y. chandrachud, c.j. this reference before the full bench has been occasioned by a referring order of a learned single judge dated 19 november 2010. the issues which have been referred to the full bench for resolution have been formulated thus: "(a) whether the government order dated 10.12.2002 which provides for computation of distance of the institution concerned for the purpose of payment of house rent allowance from the original nagarpalika, in the facts of the case mirzapur, is binding between the parties; (b) whether the government order dated 10.12.2002 is in violation of article 14 and 16 of the constitution of india; (c) whether the judgment of the division bench holding that it is irrelevant from which municipal board the distance of the institution is less than 8 kilometers, lays down the correct position in law or not." in order to appreciate the issues which have been raised, a brief reference to the factual background would be necessary. there is an educational institution by the name of rashtriya inter college, sherpur, mirzapur which is governed by the provisions of the uttar pradesh intermediate education act, 1921. the institution receives grant-in-aid from the state government. all the petitioners are employees of the institution - the first petitioner is the principal, the second to sixth petitioners are lecturers, the seventh to seventeenth petitioners are assistant teachers, the eighteenth and nineteenth petitioners are functioning as head clerk .....

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May 14 2015 (HC)

Raeesul Hasan and Another Vs. State of U.P. Through Secy. Education an ...

Court : Allahabad Lucknow

Decided on : May-14-2015

dr. d.y. chandrachud, c.j. the present reference to the full bench was made by a learned single judge of this court on 20 december 2006; the issue referred for adjudication being as follows: "which date will be relevant for the purpose of determination of criteria of availability and eligibility for promotion to the post of lecturer grade i.e. the date on which vacancy occurs to forward to the selection committee/commission or the first day of year of the recruitment when the vacancy is notified for recruitment?" the uttar pradesh secondary education (services selection board) act, 1982 established a board for the selection of teachers in institutions recognised under the intermediate education act, 1921. the statement of objects and reasons appended to the introduction of the bill in the state legislature furnished the following rationale for the constitution of a statutory board: "the appointment of teachers in secondary institutions recognised by the board of high school and intermediate education was governed by the intermediate education act, 1921 and regulations made thereunder. it was felt that the selection of teachers under the provisions of the said act and the regulations was some times not free and fair. besides, the field of selection was also very much restricted. this adversely affected the availability of suitable teachers and the standard of education. it was therefore, considered necessary to constitute secondary education service commission at the state .....

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May 11 2015 (HC)

State of U.P. through Principal Secretary, Home and Others Vs. Rajendr ...

Court : Allahabad Lucknow

Decided on : May-11-2015

dr. d.y. chandrachud, c.j. the issue on 7 november 2012, a division bench referred the following question of law for resolution by the full bench: "whether a temporary police constable appointed under section 2 of the police act 1861 (police act), who has not been placed on probation, can be terminated from service in accordance with the uttar pradesh temporary government servants (termination of service) rules, 1975 (police regulation) or whether the procedure provided under para 541 of the police regulations dealing with the constables on probation shall be applicable" the issue before the full bench, turns upon the interpretation of the provisions of the police act and of the police regulations. the issue is whether a person, who has been appointed as a police constable on a temporary basis, is entitled to the benefit of regulation 541 of the police regulations. the constables who are before this court, contend that the services of a person who is appointed on a temporary basis, can be dispensed with only in accordance with the procedure prescribed by regulation 541. contrary to this, is the position which has been adopted by the state, which is that the services of a person who has been appointed on a temporary basis are not governed by regulation 541 which applies only to probationers, and that the rules framed by the state under article 309 of the constitution, called the uttar pradesh temporary government servants (termination of service) rules, 1975 (rules of 1975) .....

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Aug 28 2015 (HC)

M/s. Hindustan Lever Ltd. Vs. Presiding Officer, Industrial Tribunal, ...

Court : Allahabad

Decided on : Aug-28-2015

..... governs, among other establishments, a factory as defined in section 2(m) of the factories act, 1948 or an establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen. section 3 provides for the submission of draft standing orders. section 3 provides as follows: "3. submission of draft standing orders .....

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Feb 06 2015 (HC)

Urmila Devi Vs. State of U.P. and Others

Court : Allahabad

Decided on : Feb-06-2015

oral judgment dr. d.y. chandrachud, c.j. the present reference to the full bench has been occasioned by an order of the division bench dated 3 november 2014. before we set out the issues which have been referred for adjudication by the full bench, a brief reference to the background in which the reference arose would be in order. clause 3 of the uttar pradesh scheduled commodities distribution order, 20041 provides that with a view to effecting a fair distribution of scheduled commodities, the state government may issue directions under section 3 of the essential commodities act, 1955 to set up such number of fair price shops in an area and in the manner as it deems fit. clause 4 requires that a fair price shop be run through such person and in such manner as the collector, subject to the directions of the state government, may decide. a person appointed to run a fair price shop under sub-clause (1) acts as an agent of the state government. moreover, under sub-clause (3), a person so appointed is required to sign an agreement, as directed by the state government, regarding the running of a fair price shop in terms of the draft appended to the control order before the competent authority prior to the coming into effect of the appointment. several provisions have been thereafter made in the control order for identification of families living below the poverty line, the issuance of ration cards, the quantities that may be purchased, increase in the number of units and for .....

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Feb 02 2015 (HC)

Sheela Devi and Others Vs. State of U.P. and Others

Court : Allahabad

Decided on : Feb-02-2015

oral judgment: dr. dy chandrachud, c.j. part ix of the constitution makes provisions in regard to panchayats. part ix was introduced by the constitution (seventy-third) amendment act, 1992 which came into force on 24 april 1993. article 243 (c) defines the expression "intermediate level" as a level between the village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of the part. article 243-b (1) requires the constitution in every state of panchayats at the village, intermediate and district levels in accordance with the provisions of the part. the present reference to full bench relates to the construction of the provisions of the uttar pradesh kshettra panchayats and zila panchayats adhiniyam, 19611, more particularly section 15 which relates to motion of no confidence against a pramukh of a kshettra panchayat. a kshettra panchayat is an elected body at the intermediate level. the reference was occasioned by a referring order of a division bench of this court dated 10 january 20142 by which the following issue has been placed for consideration: whether the district magistrate or the competent authority under the u p kshetra panchayat and zila panchayat act, 1961 while proceeding to entertain a notice for tabling a no confidence motion under section 15 thereof against the block pramukh, can exercise his discretion for examining the genuineness or veracity of the signatures endorsed by the members, .....

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Apr 15 2015 (HC)

Ashish Kumar Misra (Advocate) [P.I.L.] Vs. Bharat Sarkar Thru. Sachiv ...

Court : Allahabad Lucknow

Decided on : Apr-15-2015

the petition has been filed in the public interest by a practising advocate in order to raise two concerns relating to the issuance of ration cards under the national food security act, 20131. the first issue relates to the validity of the provisions of section 13 of the act on the ground that the statutory provision while recognizing the eldest woman member as the head of the household does not contemplate a situation where there may be no woman in the family. in order to appreciate this grievance, we extract hereinbelow the provisions of section 13 of the act: "13. women of eighteen years of age or above to be head of household for purpose of issue of ration cards.- (1) the eldest woman who is not less than eighteen years of age, in every eligible household, shall be head of the household for the purpose of issue of ration cards. (2) where a household at any time does not have a woman or a woman of eighteen years of age or above, but has a female member below the age of eighteen years, then, the eldest male member of the household shall be the head of the household for the purpose of issue of ration card and the female member, on attaining the age of eighteen years, shall become the head of the household for such ration cards in place of such male member." section 13 forms part of chapter vi of the act which has a provision for the empowerment of women. stipulating that the eldest woman of every eligible household, above the age of eighteen, shall be the head of the .....

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Mar 31 2015 (HC)

Dharam Pal Singh Vs. State of U.P. and Others

Court : Allahabad

Decided on : Mar-31-2015

the special appeal is from a judgment and order of the learned single judge dated 19 december 2014 by which a writ petition filed by the appellant under article 226 of the constitution has been dismissed. the appellant was a constable in the state police. he was initially appointed on 1 july 1974 and continued to serve until 20 november 1996 when he was dismissed from service under rule 8 (2) (b) of the u p police officers of the subordinate ranks (punishment and appeal) rules, 1991. the dismissal was on the basis of a report dated 31 october 1996 finding that the appellant had been noticed to be under the influence of liquor on 23 september 2006 and to have misbehaved in that condition. admittedly, no disciplinary enquiry was held. the appellant filed a writ petition (civil misc. writ petition no.6483 of 1999) challenging the order of dismissal. the writ petition was allowed by a learned single judge of this court on 25 august 2004 and the order of dismissal was set aside. there was a consequential direction for reinstatement in service with continuity and full back wages. the operative order of the learned single judge was as follows: "in the result, the writ petition is allowed and the impugned order dated 20.11.1996, 29.5.1997 and 22.6.1999 are quashed and the respondents are directed to reinstate the petitioner with continuity of service and with full back wages. it is however open to the disciplinary authority to initiate a departmental inquiry after affording an .....

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