Court : Allahabad
Reported in : 2005(4)AWC3867B
..... ) and have become members of the world trade organisation (wto). our country is no exception. it has also opened up its economy except in certain specified fields where security of the nation is involved. it is encouraging competition in business activities in every field as compared to state control. the license raj is gradually being phased out. however ..... in military cantonments the collector shall exercise this power only with the consent of the officer commanding the station. 21. in our considered view the excise commissioner has not acted arbitrarily or illegally while transferring the site of shamli shop no. 2. 22. moreover, we find that the affidavit in support of the writ petition has been ..... in the same trade as respondent no. 3 has a right to seek the cancellation of the licence granted to respondent no. 3 being in violation of the act and the rules.'12. so far as the facts are concerned, we find that it is not in dispute that initially when the settlement of licence for shamli .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All62; (1992)1UPLBEC170
..... policy laid down in the resolution. though municipal committees were now partly elected, the change was not popular, and often official presence was necessary to secure the election of a non-official president. many indians who might have served with distinction on municipalities declined to endure the humiliating task of electioneering, a ..... sanitation and education. such co-operation must rest on an interest in the work and a feeling of responsibility, and these in turn can only be secured by entrusting to municipalities an adequate sphere of work, adequate funds, and sufficient powers of decision in respect of both. in this connection i would suggest ..... signature of a controller of accounts. a stage of comparative stability was reached in 1888, when the act still in force, though with amendments, was passed. as in the other twopresidency towns, administration in bombay under the act has these features:-- a limited electorate, a large corporation with control over finance, and a strong .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All561
..... bibi was an evacuee within the meaning of the ordinance. it would have been better if she had been described as an evacuee within the meaning of the act which was then in force. but we do not think that describing her as an evacuee within the meaning of the ordinance was a fatal defect in the notice, inasmuch as if ..... view was taken by mehta and a.h. khan jj. in haji suleman v. custodian of evacuee property, m. b., air 1954 madh b 173 (i). 11. act no. xxxi came into force on 17-4-1950 and repealed the ordinance, no. xxvii. its provisions, including the saving clause, are similar to those of the repealed ordinance. section 7(1) of ..... a supplementary petition. the ordinance was made by the governorof the united provinces in exercise of the powers conferred by section 88 of the government of india act. 1935, which was then in force and in pursuance of the instructions received from the governor-general. under section 88 the governor could not provide in an ordinance for & matter in respect .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All338
..... mattu lal's case (air 1974 sc 1596) (supra) where the supreme court while dealing with section 12 (1) (f) of the madhya pradesh accommodation control act, 1961, requiring consideration of bona fide requirement of a landlord only said that an application made by a landlord for eviction could be granted if it satisfied that the ..... had defined the scope of the powers of the district magistrate or at least laid down certain guidelines for regulating his discretion. it appears that as the old act was a temporary provision and the problem which was faced by the legislature in 1947 remained unabated the u. p. legislature decided to make a permanent legislation. ..... held as under:'when the district magistrate exercises his authority under section 3 (2) and the commissioner exercises his revisional power under section 3 (3) they must act according to the principles of natural justice in as much as they are dealing with the question of rights of the landlord and the tenant and therefore, they are .....
Tag this Judgment!Court : Allahabad
Reported in : (1981)20CTR(All)147; [1982]134ITR364(All); [1981]6TAXMAN159(All)
..... amount of rs. 5,00,000 from calcutta to jamnagar for fixed deposit in the name of biswanath and the use soon thereafter of the said fixed deposit receipt as security for the overdraft facility to the respondent-firm did not justify the inference that the amount belonged to the respondent.'22. it was next emphasised (p. 360) :' ..... , were sold in the shape of bullion and the sale proceeds thereof constituted the consideration of the purchase of the property. '47. section 82 of the indian trusts act lays down as under :' where property is transferred to one person for a consideration paid or provided by another person, and it appears that such other person did not ..... . the facts, in brief, are these. the assessee is an individual. he is an excise contractor and derives his income from excise contract and house property. he also acted as a toddy contractor. in regard to his income from the house property and from the liquor contract business, his previous year ended on march 31. however, for the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All19; [1960]40ITR222(All)
..... and prices rose, provided for taking away a substantial part of such profits as could be attributed to the difficult and uncertain times.when the excess profits tax act had remained in force for several years and the war had ended and the authorities found that taxes had not been paid by all such persons who should have paid them on ..... void any legislative enactment. any assumption of authority beyond this would be to place in the hands of the judiciary powers too great and too indefinite either for its own security or the protection of private right.'the principle was even more clearly expressed by a division bench of this court in ch. mukhtar singh v. state of u. p. ..... on 28-5-1954, and the central legislature soon after introduced sub-ss. (ia), (ib). (ic) and (id) in section 34 of the income-tax act. these sub-sections came into force with effect from 17-7-1954.25. in the meantime sri meenakshi mills ltd. had filed petitions in the supreme court under article 32 of the constitution and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All31
..... or partially at the expenses of the central government and the government decides that the value of or the right to use, such works should be secured or preserved for the purpose of government, or (b) where the costs of restoring the property to its condition at the time of its requisition ..... right automatically following from compulsory acquisition. adequacy of compensation payable for acquisition on under a statute is not justiciable. discriminatory' character is only assailable. under the act, only requisitioned land can be compul-sorily acquired. for requisition, a land owner is paid compensation. alt requisitioned land also cannot be acquired. where the ..... landmeasuring 32 acres 80 decimals belonging to various owners including land of sumant prasad, predeceassors-in-interest of appellants were requisitioned under the defence of india act, 1952 and rules made thereunder for use and occupation of indian military academy, dehradun in the year, 1963. while academy was in possession, two .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All77; 1967CriLJ146
..... within which is the next circle representing public order and the smallest circle represents security of state. it is then easy to see that an act may affect law & order but not public order just as an act may affect public order but not security of the state. by using the expression 'maintenance of law and order' the ..... , however, categorically averred that 'on the material placed before the central government, the central government was satisfied that with a view to preventing the petitioners from acting in a manner prejudicial to the defence of india and civil defence, public order it was necessary to detain the petitioner.' it is on these averments that ..... , and the rules.18. the relevant portion o? section 3(1) of the defence of india act reads:'the central government may, by notification in the official gazette, make such rules as appear to it necessary or expedient for securing defence of india and civil defence, the public safety, the maintenance of public order or .....19. sub .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All392
..... lower court and arrived at the conclusion that-(1) the memorandum of appeal was inorder; and (2) the grounds of appeal were prima facie not devoid or all force. again, where an appeal is dismissed at the admission stage merely by the use of the word 'dismissed', the following things are implied in that order:--(i) the ..... the schedules where the duties chargeable thereunder are different it shall be chargeable with the highest of such duties.44. the relevant portion of section 35 of the act reads as follows-'no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to ..... in respectthereof. sub-section (2) of section 42 is in these words:'42 (2). every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped. . . ...'thus, when under section 35, the trial court had admitted an instrument after realising stamp fluty and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... the exercise of the suprema potestas. but in such a case, it must appear that the executive considered the step necessary for the national security and in fact acted on that basis.'425. it is sometimes said that under the british constitution the king in whom executive powers vest has certain prerogatives and he can ..... as always, be the actual language used.'later in the judgment lord wright observed :'it may be that in 1900 the framers of the constitution were thinking of border tariffs and restrictions in the ordinary sense, and desired to exclude difficulties of that nature, and to establish what was and still is called 'free trade,' ..... executive power of the union in the president. sub-article (2) vests, without prejudice to the generality of the foregoing provision, the supreme command of the defence forces of the union in the president. article 72(1) authorizes the president to grant pardons, reprieves, respites or remissions of punishment or suspensions, remissions or commutations of .....
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