Court : Allahabad
Reported in : II(1994)DMC64
..... the basic tennets of islam. right to religion under article 25 of the constitution does not extend to the deeds, practice, customs, acts or actions including acquisition or creation of property by irreligious or by immoral means or means or modes running in conflict with the basic tennets and ordains of the holy book of ..... right of cohabitation procreation of children, the status of motherhood, a status in society, right to succession and maintenance. it is also a phase of life with certain dignity and status which both husband and wife acquire when they enter into the relationship or ties of marriage.33. the learned advocate general has further submitted that ..... the act and so the holding of khatun nissa could not be clubbed with that of petitioner rahmat ullah's holding in order to determine the ceiling area and surplus area of the petitioner.15. sri haq further submitted that the findings regarding divorce or talaq recorded by the prescribed authority and the additional commissioner i.e. .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)135CTR(All)367; [1996]220ITR509(All)
..... any other additional material which it might have collected after the initiation of the proceedings in the course of the inquiry to the person interested or affected by the proposed acquisition. . . .'18. we are in respectful agreement with the above observation.19. apparently, in the present case, the material, i.e., the exemplars, that ..... . after the filing of the statement in form no. 37-i, the petitioner received a letter from the valuation officer of the income-tax department asking for certain information. a similar letter dated february 8, 1993, was received from the appropriate authority. the petitioner, vide his letter dated february 20, 1993, informed that ..... lessee of residential plot no, 133 in block 'a', sector 15a, at noida, district ghaziabad. the lessor is the new okhla industrial development authority and the area of the plot is about 465 square meters. the petitioner entered into an agreement to sell the aforesaid plot to one devesh behari saxena for a consideration of .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1293; (1999)1UPLBEC205
..... another objection indicated in the reply was that copies of relevant documents were not supplied to the appellant, it would, however, be worth mentioning that the appellant had also made certain allegations against the principal relating to purchase of books, etc. in a manner other than prescribed. other allegations of harassment, etc. had also been made by the appellant against principal ..... of reply dated 12.2.1988 wrote a letter to the principal opposite party no. 5 requesting to supply copies of documents, cited in support of the charges apart from certain other information. it was received on 17.2.1988. the opposite party no. 5 by order dated 20.2.1988 rejected the request of the appellant for supplying the copies .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... incompetence cured), mahe beach trading company : (1996)3scc741 (legal incompetence cured) and meerut development authority : air1997sc1467 (defect cured by changing the basis in land acquisition law).90. dr. dhawan has further submitted that 1981 act is exercise of curative and corrective power of the parliament. the statute is declaratory and intended to ..... goredhands hargovindas v. municipal commissioner, ahmedabad : [1964]2scr608 . the provisions of municipal borough act, 1925 provided for rate on buildings or land at certain percentage of the capital value. the apex court in the patel gordhandas' case had held that the word 'rate' has acquired a special meaning in ..... the college, one member nominated by the member concerned and an umpire appointed by the vice-chancellor. these references to arbitration will introduce an area of litigious controversy inside the educational institution. the atmosphere of the institution will be vitiated by such proceedings. the governing body has its own .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)107CTR(All)330; [1993]201ITR920(All); [1993]67TAXMAN92(All)
..... transfer is a capital asset within the meaning of the act.16. the next relevant provision is section 49 of the act which speaks of cost with reference to certain modes of acquisition. it, inter alia, provides that when a hindu undivided family is partitioned and, thereafter, the erstwhile members come to hold the assets obtained on such partition, the ..... the cost as on january 1, 1954. the charge under the head 'capital gains' takes into account the capital appreciation from the date of acquisition to the date of sale, subject of course to certain provisions. the only laxity permitted is to substitute the market value of the asset as on january 1, 1954, if the asset sold was in ..... existence at the time, in the place of the cost of acquisition. the amendment brought about by the finance act of 1970, does not alter .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC26
..... court. in reference to co-ordination of a civil contempt being alligned with the court where the matter itself, that is, where the lis is pending, certain observations as a commentary in american jurisprudence as below are relevant :'84. generally : authority of one court to conduct hearing on alleged contempt of another.under ..... specific constitutional provision for their establishment, are classified as constitutional courts. the federal constitution and a number of state contain specific provisions for the establishment of certain courts, though the king of court or courts thus specifically provided for is not the same in each constitution. thus in some states the constitution provides ..... pending, but in another court. rather that explain this phenomena of a confusing situation of duplicated proceedings, the court will reprod (sic) its orders in a certain writ petition. these orders were passed by this court.'7-9-1995ravi s. dhavan, j.a.b. srivastava, j.'much too often repeated recourse to .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ1067
..... no sense has to dictate and advise any public servant muchless a subordinate court. a mandamus cannot be issued where there is a dispute about facts; the informant making certain allegations and the petitioner denying them here. there is forum for every thing and it has to be done with proper stages and by proper authority.there is no ..... exercise of the extraordinary power under article 226 of the constitution of the inherent powers under section 482 of the code in bhajan lal's case, we have given certain category of cases by way of illustrations wherein the power of quashing could be exercised either for preventing abuse of process of any court or otherwise to secure the ..... be made or a prosecution brought. it must be for him to decide (sic) the disposition of this force and the concentration of his resources on any particular crime or area. no court can or should give him direction on such a matter. 150. this court in jehan singh v. delhi administration 1974 cri lj 802 (sc) held that .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ1309
..... the guilt is established beyond all reasonable doubts. therefore, suspects cannot be kept behind the bars for indefinite period, save in exceptional cases where the acquisition of charge is of serious nature and in the event of release on bail, there remains possibility of absconding and tampering with the prosecution witnesses by ..... procedure, the legislature has taken care of all possible eventualities, and had there been any intention to grant preferential treatment to such accused who evade arrest, certainly the legislature would have enacted provisions for the same, specially while repealing the provisions of section 438 of the code, therefore, directions to release the ..... anticipatory bail is available to all, which similarity exists for the purpose of bail matters. care can be taken for making provisions for excepting such areas which are affected by terrorism or even serious threat of law and order.157. the judgment was reserved in these cases after hearing fairly lengthy arguments .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... act. 1895, with the exception that all grants may not be of nazul estate. on one class of property there is sovereignty of the state or the union, acquisition by law also falls under this category. in the other, of lands held by the state (central, state or railways, as the case may be) on ..... the legislature, to the contrary notwithstanding : provided that nothing in this section shall prevent, or be deemed ever to have prevented, the effect of any enactment relating to the acquisition of property, land reforms or the imposition of celling on agricultural land :' 3 repeal of u. p. act ix of 1959.---the government grants (u. p. amendment ..... referred to by the court as nazul rules, 1935, refer to 'instructions regarding nazul entrusted to management of the municipal board and notified town areas.' the legend shows that these instructions have been issued under certain government orders. [nazul rules, corrected upto february 28, 1935, g.o. no. 883/ix-235, dated october 21, 1926, as amended .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All44; (1996)3UPLBEC1691
..... whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.(1a) in making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the state shall ensure that the amount fixed by ..... order to grant aid the state may prescribe reasonable regulations to ensure the excellence of the institutions to be aided. learned attorney-general concedes that reasonable regulations may certainly be imposed by the state as a condition for aid or even for recognition.'9. in st. xaviers college v. state of gujarat, air 1974 sc ..... be provided in the statute itself.50. in jyoti prasad v. union territory of delhi, air 1961 sc 1602, the provision of section 19 of the slum areas (improvement and clearance) act, 1956, was challenged on the ground that there was no guideline provided in'the act for the exercise of discretion by the competent .....
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