Court : Allahabad
Reported in : 2000(2)AWC1639; (2000)2UPLBEC1121
..... in z.p., champawat on the establishment of the new z.p., champawat.20. section 27b was inserted by u. p. panchayat laws (amendment) act, 1995, which came into force from april 2, 1994. this newly inserted section prohibits holding more than a seat simultaneously. in terms of clauses (b), a person is prohibited from ..... formed districts due to non-election of a chairman, vice-chairman, governor had authorised the district magistrates of the concerned districts under section 21a of the 1961 act for running the affairs of the adhyaksha till the election of the adhyaksha of the district panchayats newly created. thus, the panchayat of champawat having been established ..... -a prescribes special provisions relating to proceedings in appeals from orders of election tribunals. rule 1 refers to appeals under section 116a of the representation of the peoples' act, 1951. but by reason of rule 16, an appeal under rule 49 of the u. p. zila panchayats (election of adhyaksha and upadhyaksha and settlement of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All453
..... and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by, the law in force in the states when such instrument was executed or first executed : provided that- (a) nothing herein contained shall be deemed to require any magistrate or judge ..... chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped' -- section 35.another penalty prescribed for failure ..... . further section 48 empowers him to resort to coercive processes to recover all duties, penalties and other sums 'required to be paid' under chapter tv of the act.this necessarily implies the fixation of time limit for payment. this provision is inapplicable to the duty determined by the collector under sections 31 and 32, because there .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All526
..... regarding the devolution of joint hindu family property was applied to tenancy property also. in some of the reported cases which were decided prior to the coming into force of act iii of 1926 it was held that a joint hindu family could be a tenant. that in our opinion, amounted to saying that tenancy could be regarded as ..... other personal law which would be applicable to other properties not governed by any special law cannot be imported into the rights created by this act.33. prior to the coming into force of act 2 of 1901 a tenancy could be coparcenary property of a joint hindu family in this limited sense only that --(a) the tenancy rights enjoyed ..... relates to a permanent tenure-holder, in any register described in clause (e) of section 32 of the u. p. land revenue act, 1901. as it stood immediately prior to the coming into force of this act, or, subject to the restrictions mentioned with respect to the register described in clause (e), in any of the registers maintained under section .....
Tag this Judgment!Court : Allahabad
Reported in : [1969]73ITR466(All)
..... order under appeal. it means that if the expression ' any person ' is understood in that limited sense, the second proviso to section 34(3) of the act is valid. in the instant case the direction given by the appellate assistant commissioner was with respect to a person intimately connected with the appeals before the appellate assistant ..... different assessment years. the assessment proceedings remained pending on the 12th january, 1959, when the income-tax officer issued the notices under section 34(1) of the act and it was not possible for the income-tax officer to hold, without making an assessment, that there was an escapement. the privy council had considered this ..... who can be liable to be assessed for the income of the said assessment year. a combined reading of section 30(!) and section 31(3) of the act indicates the cases where persons other than the appealing assessees might be affected by orders passed by the appellate assistant commissioner. modification or setting aside of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All708
..... clearly distinguishable and there was no difficulty in ascertaining whether the members alone were voting or somebody else was also participating in the vote. there is, therefore, no force in this allegation.13. it was then urged that when the result of the voting by show of hands was announced by the presiding officer, om prakash at ..... reasons why the board should be dissolved.the reasons may be multifarious. the state government has been given power to consider thosereasons and then to decide whether to act uponthe advice of the president by dissolving the boardor to ask the president to resign. the state government has to consider the reasons given, and toweigh the ..... shall specify every motion or proposition to be brought forward at the meeting along with the case referred to in sub-section (6) of section 94 of the act, the further particulars required by that sub-section and shall state generally any other business to be transacted thereat.'8. this rule certainly does require that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All412; 1968CriLJ1636
..... not entitled to claim any maintenance, as the first wife of naurang singh was alive at the time of her marriage (which took place after the coming into force of the hindu marriage act, 1955). accordingly, he made a reference to the high court recommending that the order of the magistrate granting maintenance at the rate of rs. 40/- per mensem ..... her marriage in the lifetime of his first wife was valid under law.8. it was not disputed before us, that the hindu marriage act (act xxv of 1955) would be applicable to the instant case. that act came into force on 18th may, 1955. it extends to the whole of india except the state of jammu and kashmir, and applies also to a ..... 1956). this section speaks of the maintenance of a hindu wife by her husband. as pointed out earlier, a bigamous marriage contracted after the coming into force of the act of 1955 shall be null and void.'we are in respectful agreement with the above observations of the hon'ble judges.10. for all these reasons, we agree' with .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All430; (1968)ILLJ420All
..... remote it may be from the date of its enforcement, the result would be that the labour court or the industrial tribunal would have a power to non-force an award which had already been implemented. if that interpretation were to be given the result would be that disputes already resolved would be recreated afresh and matters ..... of an award shall mutatis mutandis apply thereto.' if the award has been corrected before it is published under sub-section (3) of section 6 of the act, there would be no occasion for the correction being republished because the award would be published in the amended form. therefore the circumstance that the legislature thought it ..... prevailing on its date ,.. .. ..'. we see no reason why we should hold that the proeeeding started on an application made under section 6 (6) of the act is the continuation of the old proceedings. those proceedings must also be treated to be completely new proceedings. the labour court or industrial tribunal not being competent to take .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All141
..... passing of the decree. the decree, in the present case, itself created the charge and the claim for maintenance allowance for which the suit was filed was not secured or charged upon any immovable property.83. it may be that when there is a claim for a simple money debt, and in a compromise respecting that claim there ..... in the present case in favour of the appellant were either made, or have been, with common consent, assumed to have been made, after the coming into force of the amending act. the transferees will, therefore, be bound by the principle embodied in section 52, as amended provided that there was 'a right to immoveable property directly and specifically ..... sale of the property mortgaged or charged. both are encumbrances on another man's property. but there are three differences between them, (i) a mortgage is made for securing the payment of a present or future loan, debt or the performance of an engagement which may give rise to a pecuniary liability. a charge is made for the .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1706; (1999)2UPLBEC982
..... the market area, obviously no mandi fee is payable.25. section 2 (r) of the mandi adhiniyam states 'sale includes barter or deposit of goods by way ofpledge or as security for the amount received as advance'.this definition of sale in the mandi adhiniyam does not really define a sale as is only an inclusive definition. in other words. it ..... that the sale takes place at the etah factory, but this observation is wholly without any basis. no reference has been made to the provisions of the sale of goods act which have been referred to above. the observation that there is some secret stipulation between the redistribution stockist, the c and f agents and the petitioner is wholly without ..... relate to barter or deposit of goods by way of pledge or security. hence section 2 (r) of the mandi adhiniyam does not at all help us in understanding the meaning of the word sale. hence we have to go back to the general law in the sale of goods act to understand the meaning of the word 'sale'. in an analogous .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All101
..... that the confirmation of the minutes only results in the correctness of the record being certified and not in validating the business transacted at the meeting, we find no force in the submission of the learned advocate-general; see r. v. mayor of york, (1853) 1 el and bl 588 at p. 594. it was ..... the present chief justice had nominated himself in the selection committees of the allahabad university, the agra university, the lucknow university and the gorakhpur university and his act of nominating himself had been challenged. the declaration of the legislature is clear that the chief justice cannot nominate himself. the kanpur and the meerut universities ..... business and not special business. consequently, considering the statutory provisions and relying upon the well accepted principles relating to convening of meetings, regulation 4 of the act must be so read as to require that the seven days' notice provided therein should mention the business for which the meeting is being held, or along .....
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