Court : Allahabad
Reported in : (1997)1UPLBEC594
..... the theory of divine right of kings was challenged by the great revolutionary writer rousseau, who propounded the theory of the general will (volonte generale) in his book the 'social contract'. according to rousseau it is not the king but the people who are supreme (see will durant's 'the story of civilization ; rousseau and revolution'). the will of the people ..... for making the assembly functional and for commencement of duration of the house. therefore, the natification under section 73 of the representation of people act was not the new situation rather the political dead-lock in formation of government was the new situation which came into existence on 10-10-1996 with the declaration of the results for which governor of uttar ..... as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects specified therein.'this is also obvious from the preamble of the indian constitution which begins :'we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens........ do hereby ..... present one as at that time the only goal before the political parties was to get rid of british empire but after the general elections of 1967 the scene of indian polity stood drastically changed on account of regionalism, casteism and many other considerations with the result small groups of political parties emerged and therefore, since 1967 the concept of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1997All364
..... be due to the said company the petitioners cannot resile from the said agreement by raising technical pleas.48. section 128 of the indian contract act, 1872 lays down that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the ..... . moreover, it is the right of the decree holder to proceed with it in a way he likes. section 128 of the indian contract act itself provides that the liability of the surety isco-extensive with that of the principal deblor, unless it is otherwise provided by the ..... , ernakulam. (1982) 3 scc 358 : (a1r 1982 sc 1497) after considering the provisions of sections 128. 134 and 126 of the contract act, observed, that by virlue of section 128 of the contract act, the surety bank's liability is co-extensive with that of the principal debtor i.e. the company. though under section 134 of that ..... district lakhimpur. according to the said company, the total project cost was about its. 1,10 crores. on august 31, i987, petitioners were allowed to complete format lies in respect of a term of rs. 70 lacs, which was sanctioned by the pigup for the said project. promotors were asked to furnish a collateral ..... installation has to be continued irrespective of whether the energy is consumed or not until the agreement comes to an end.it was further indicated;'every contract is to be considered with reference to its object and the whole of its terms and accordingly the whole conlext must be considered in endeavouring to .....Tag this Judgment!
Court : Allahabad
Reported in : 1997CriLJ2705
..... constitution was preserved by article 225 and by articles 226 and 227 an extraordinary jurisdiction was conferred on it to ensure that the subordinate authorities act not only in accordance with law but they also function within the framework of law. that jurisdiction of the high court has not been taken ..... 25. the supreme court happened to examine the scope of article 226 of the constitution of india of bail application in terrorists and disruptive activities (prevention) act in kartar singh v. state of punjab, (1994)2 jt 423 : (1994 cri l j 3139) and observed that:the power given to high ..... and attain maximum happiness. people want to attain this object entered into contract with the government and surrendering limited sovereignity. a person has a fundamental right to live and has no right to die under article 21 of the indian constitution. when a person dies unnatural death i.e. may be on ..... 167, cr. p.c. is fifteen days and during this process police officer make frequent use of provision of section 27 of the evidence act and section 8 is also resorted. the legislature now has provided maximum period of putting of challan sixty days if the investigation does not relate ..... its wisdom found to enact narcotics drugs and psychotropic substances act, 1985 and terrorists and disruptive activities (prevention) act, 1987 to meet the challenge and made drastic provision not to release the accused on bail to curb the crime.10. the idea of formation of a state by the people is to protect their .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1996All135
..... to was only consultative and that there was nothing which amounted to a judgment or order.' while considering the provisions of section 51 of indian income-tax act the privy council in tata iron and steel co. v. chief revenue authority air 1923 pc 148 said that when a case is stated ..... is as under:'where the dominion has an exclusive power to legislate in respect of interest, a provincial statute which varies the stipulation in a contract as to the rate of interest to be exacted would not be consonant with the existence and exercise of the exclusive dominion power to legislate in ..... validity of the present legislation. this is an aspect which was not touched upon and which did not arise in the indian tobacco case. there both the central act and the state act purported to legislate in regard to the industry, namely, in regard to the production and manufacture of tobacco.'67. besides ..... supreme court in its later decisions.66. the supreme court in b. vishwanathiah and co. v. state of karnalaka : 1scr305 (supra) distinguished indian tobacco's case by observing thus:--'8.....to interpret entry 52 otherwise would render entry 33 in list iii of the seventh schedule to the constitution otiose ..... put the court on guard against any conscious whittling down of the powers of the states. let it be said that the federalism in the indian constitution is not a matter of administrative convenience, but one of principle-the outcome of our own historical process and a recognition of the ground .....Tag this Judgment!
Court : Allahabad
Reported in : 1996CriLJ687
..... have discussed above must apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering into contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with ..... on licence has to be formed by the state government. that can be done by the state government only on a consideration of facts relevant to formation of opinion and not on the basis of mere certificate or opinion of other authorities which do not disclose facts.15. in the present case, ..... are of the opinion that on release on licence, the convict will not lead peaceable life or will not abstain from crime.(3) the formation of the opinion by the state government as to whether or not the convict shall abstain from crime or lead peaceable life after release from ..... and the concerned authorities must always keep in mind the salutary object of the probation act and the rules as indicated in the body of the judgment and that consideration must always guide them in the formation of the opinion.'10. it is thus obvious that no state action can be sustained ..... court and of this court, authoritatively interpreting these provisions and categorically laying down the guidelines seem to pursuade. far less to compel, the authorities to act in accordance with law. the categorically directions of hon'ble supreme court and of this court that the reports of the concerned authorities, the probation officer .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1995All162
..... a nation under an imperial power and, at best, had a dominion status under the indian independence act, 1947. in 1994, procedures will have to be prescribed for all these important bodies, the first nucleus of a parliamentary administration in its formation and establishment.panchayats:56. having identified the first nuclues of the village administration as being ..... director of panchayat raj immediately'. the relevant question was whether there any rules? and, which proposals? was the administration in pursuance of the constitution (seventy-third amendment) act, 1992 being set up? or, were villages being made ready for the elections with indifference to the constitutional amendments. the next circular is dated 10 june, 1994. ..... panchayats.-- notwithstanding anything in this part, any provisions of any lawrelating to panchayats is in force' in a stateimmediately before the commencement of theconstitution (seventy-second amendment)act, 1992, which is inconsistent with theprovisions of this part, shall continue to be inforce until amended or repealed by acompetent legislature or other competentauthority or until the ..... state legislature to legislate by incorporating what the constitution of india had intended.3. to precipitate local self-governmentin the villages as a constitutional obligation,the constitution amendment act itself permitted the constituents of the existing gaonsabha, the gaon panchayat, the nyay panchayat, the pradhans. up-pradhans, etc. tocontinue for a period of one year .....Tag this Judgment!
Court : Allahabad
Reported in : 1995CriLJ1067
..... rajendra prasad verma, it appears that a number of first information reports, if they could be so called were lodged by the police conveying the formation of a group for the purposes of carrying out foregery, impersonation and falsification of documents sometime also relating to courts. the matter was desired by ..... be controlling the discretion, of the authority or the court concerned.39. the principles of procedure to be adopted are laid down in legislative acts. they may be interpreted by the courts and may even in certain cases be struck down for being violative of the provisions of the constitution ..... of haryana 1970 cri lj 1900 (sc) pointed out thus (air headnote): 'inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. that statutory power has to be exercised sparingly, with circumspection and in the rarest of rare cases. thus, the high ..... the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power had survived the passing of that act. no doubt, if no cognizable offence is disclosed, and still more if no offence of any kind is disclosed, the police would have no ..... except an approach independant, unbiased and without prejudices; and even these are not for or against individuals but even a presumption against the state or acts of public servants should not be allowed to weigh while dispensing justice. the touch stone will be 'if it would be right, just a2nd fair .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1994All298
..... . '32. according to cl.(3) of art. 13 of the constitution, 'law' includes an order having force of law. but that definition is for purposes of article 13 only, indian contract act is act no. ix of 1872. that was long before the constitution of india, was drafted. the definition of 'law' contained in art. 13 of the constitution can have no application for ..... that an agreement may be void in relation to a specified person and may be valid or voidable between the parties thereto is not applicable to an agreement the very formation whereof law interdicts; or which is of such a character that, if permitted, it would frustrate the provisions of any law; or is fraudulent; or involves or implies injury to ..... the following words :'there is yet one more factor which may defeat an ostensibly valid contract. it is that of illegality. public policy imposes certain limitations upon freedom of contract. certain objects of contract are forbidden or discouraged by law; and though all other requisites for the formation of a contract are complied with, yet if these objects are in contemplation of the parties when ..... treated to have been invalidated by the statute rendering it void and unenforceable in a court of law. no remedies are open to either party to an agreement the very formation of which is illegal by virtue of any provision of a statute.25. it is firmly settled that if an agreement is made to do or suffer a prohibited .....Tag this Judgment!
Court : Allahabad
Reported in : (1992)104CTR(All)282; 200ITR461(All)
..... whether the death of a partner resulted in the dissolution of the firm.12. now, under section 42(c) of the indian partnership act, the death of a partner automatically brings about a dissolution of the firm unless there is a contract to the contrary, namely, that the death of a partner shall not affect the continuity of the firm. this much follows ..... is no clause in the deed of partnership which envisages that on the death of a partner, the firm shall not result in its dissolution. as already noticed, if the formation of the new firm is preceded by a dissolution of the erstwhile firm on account of the death of a partner, it would be a case of succession covered by ..... not contain any stipulation to the effect that the firm will not dissolve on the death of one of the partners, but, by virtue of section 42(c) of the indian partnership act, 1932, the firm stood dissolved, the firm which took over the business after the dissolution of the erstwhile firm, could not be said to be a reconstituted firm and ..... dissolution of the firm. in cit v. seth govindram sugar mills : 57itr510(sc) , the supreme court while commenting upon section 42 of the indian partnership act ruled (at page 515) :'section 42(c) of the partnership act can appropriately be applied to a partnership where there are more than two partners. if one of them dies, the firm is dissolved ; but if .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1992All135
..... the railway board in exercise of the powers conferred on it by clauses (f) and (g) of sub-section (1) of s.47 of the indian railways act, 1890 -has prescribed rules for warehousing and retaining of goods, wharfage on goods, luggage and parcels and also demurrage on goods wagons as follows:'ii. rules ..... by losing operational hours in actual running of the rake as the goods train. bulk supply is made on the basis of rake system because the formation of rakes and the maintenance of the unity of rakes and identity of particular rakes expedite the carriage of good. the delay caused by wholly uncalled ..... the conclusion is inescapable that the above paragraph in the goods tariff rules is ultra vires of the powers invested in the railway administration under the indian railways act, ix of 1890. it is on that basis that the goods tariff rules of the southern railway part i-a (at page 32 of the ..... includes 'wagons'. however, it has been held that there is no special reason shown applying the definition to the facts if where then box wagons are contracted and five out of them were unloaded within free time allowed, by what reason or logic the demurrage is levied for wagons unloaded. it has been ..... of calculating the detention and demurrage cannot be logically drawn from the definition of demurrage as contained in clause (d) of s.46-c of the indian railways act.7. learned counsel for the petitioner has placed strong reliance on a decision of the andhra pradesh high court reported in e.i.d. parry (india .....Tag this Judgment!