Court : Allahabad
Reported in : [2003]130STC202(All)
..... to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.' 14. parliament enacted the central sales tax act, 1956 and section 3 thereof formulates principles for determining when a sale or purchase of goods takes place in the course ..... commission appointed by the ministry of finance, government of india, in april, 1953, under the chairmanship of dr. john mathai. in the course of its extensive analysis of the various systems of state and local taxes prevalent in the country, the commission dwelt at some length on the various state level taxes and ..... further, in the same entry 'including taxes on entertainment, amusement, betting and gambling 'also corelates with the entertainment, amusements or enjoyment. reliance was placed in re : central provinces and berar sales of motor spirit and lubricants taxation ac , on the following observations : 'similarly, item 50 (list ii) relates to taxes on luxuries. 'these .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All188
..... while deciding the earlier writ petition no. 1054 of 1982, adopted this course and it bad directed the conservator to decide the question of extension in accordance with law and the directions contained in the judgment. the conservator of forest refused to grant ex-tension on extraneous considerations disregarding the directions of this ..... , 1982, addressed to the chief conservator of forest is set aside. the conservator of forest shall decide the application of the petitioners for extension expeditiously in accordance with law uninfluenced by the government order dated oct. 21, 1981, and the note dated september 1, 1981.'prior to the issue of the aforesaid ..... order dated may 19, 1983, quashed the order of the state government and directed the conservator of forest to decide the petitioners' application for extension in accordance with law uninfluenced by the government order dated october 21, 1981, and the note dated september 1, 1981. the conservator of forest thereupon considered the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1509
..... held that the court should not pass an order at the interim stage, which can be granted only at the time of disposal of the petition. (vide assistant collector of central excise, chandan nagar, west bengal v. dunlop india ltd. and ors. : 1985ecr4(sc) ; state of rajasthan and ors. v. swaika properties and anr. : [1985 ..... . the district judge, in our opinion, had no authority in law to give extension to the life of a list which not only, by operation of the rules but also by declaration of law, stood exhausted. the district judge, therefore, clearly tried to overreach the law and has acted malafidely by issuing such an order. the petitioners ..... , and the authority concerned become functus officio. any appointment made by him beyond that number, is without jurisdiction, therefore a nullity, inexecutable and unenforceable in law.24. in such an eventuality after issuing appointment letters to ten candidates, the select list/waiting list stood exhausted and could not have been used as perennial .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1406
..... of the land acquisition act, 1894. it reads as follows :'section 5. application of central act 1 of 1894.--the provisions of the land acquisition act, 1894 (central act 1 of 1894) as amended by the land acquisition (karnataka extension and amendment) act, 1961 shall, mutatis mutandis apply in respect of enquiry and award ..... that notwithstanding anything contained in that act or any other act, shall be deemed to have affected the right and prerogative of the raja saheb to make laws, issue proclamations, orders and ordinances. the government of india promulgated an ordinance on 12th january, 1946, called, the high denomination bank notes (demonetisation) ordinance ..... a statute by specific reference incorporates the provisions of another statute as of the time of adoption. second, where a statute incorporates by general reference the law concerning a particular subject, as a genus. in the case of the former, the subsequentamendments made in the referred statute cannot automatically be read into .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)2UPLBEC1327
..... view of what has been said above, the appointment of suparsh awasthi as deputy director of sports in the cadre post of deputy director of sports and its extension which was void deserves to be quashed.' 34. learned counsel for the petitioners further relied upon a decision reported in : (1977)illj68sc , dr. g. ..... the qualification in teacher education from a recognised institution would be qualified for being considered in any school, college or other educational body aided by the central government or 'any state government'. the appellant in the instant case, has obtained diploma in education from zila shiksha and prashikshan sansthan (diet), jabalpur ..... in teacher education by any recognised institution and according to section 16 which has an overriding effect, as the expressions 'notwithstanding anything contained in any other law for the time being in force' suggests, no examining body shall, on or after the appointed day, grant affiliation, whether provisional or otherwise, to any .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1358
..... exceeding 15 days at a time.34. in reply, on behalf of the petitioner it has been contended by his learned counsel, that n.d.p.s. act being a central law and a special act, the provisions of section 36a will have overriding effect and section 96, bombay police act, 1951 would stand abrogated, meaning thereby, police remand could be ..... aforesaid has, however, been assailed by the learned counsel for the petitioner on the ground that apart from initial order of remand to custody being illegal, the alleged subsequent extension of remand to custody is also illegal, and as such there is no question of the mistake being rectified or the custody legalised at any subsequent time. in fact, ..... he says during the period from 3-12-1990 to 11-7-1991 there was no attempt of extension of remand whereas the alleged extension after 11-7-1991 is no order of remand in the eye of law. the petitioner seeks to derive support to his contention in this regard from ram narain singh v. state of delhi .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC724; (2005)2UPLBEC1156
..... directed to test them periodically and submit the progress report. the employees however did not show any improvement whatsoever and did not learn the shorthand and typing even though extension of time was granted time and again. several progress reports, i.e. reports dated 17.8.2004, 14.9.2004 and 26.10.2004, (annexures 3 ..... prima facie case is made out; as to whether the party concerned could be compensated in terms of money etc., and other relevant considerations. [vide assistant collector of central excise v. dunlop india ltd., air 1985 sc 330; state of rajasthan v. swaika properties and anr., air 1985 sc 1289; a.p. christians medical educational society ..... even otherwise, illustration (e) of section 114 of the evidence act provides for a presumption that every action of statutory authority is carried out in accordance with the law. the expressions 'may presume' and 'shall presume' are defined in section 4 of the indian evidence act, 1872 (in short 'the evidence act'). the presumptions .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC266; (2001)2UPLBEC1715
..... of the words 'means and includes' in rule 2 (b) would, therefore, suggest that the definition of 'college' is intended to be exhaustive and not extensive and would cover only the educational institutions falling in the categories specified in rule 2 (b) and other educational institutions are not comprehended. in so far as engineering ..... all india council for technical education from time to time.59. it is evident from the observations made in para 17 of the report that the central government had issued directions and instructions relating to technical educational institutions which are referable to matters covered by entry 66 of list-i in the seventh ..... . 'under a constitutional provision auhorising municipalities of a certain population to frame a charter for their own government consistent with the subject to the constitution and laws of the state, and a statutory provision that in certain municipalities the mayor and members of the municipal council shall be elected at the time. in .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702
..... word 'order' has not been only used to signify the power of taking executive, judicial or quasi-judicial decisions but has also been used to confer extensive power of making delegated legislation'. principle of statutory interpretation. (6th edn.) by g. p. singh.18. delegated legislationpermitted by enabling acts appearsunder different names ..... 1954crilj1322 , the supreme court sustained the provisions of section 3 of the essential supply [temporary powers) act. 1946 which gave wide powers to the central government to make 'orders' for regulating or prohibiting the production, supply and distribution of essential commodity and trade and commerce therein as the section provided that ..... pointed out that the basic principle, as set out in maxwell's interpretation of statutes (11th edn., page 168), is that :'a general later law doesnot abrogate an earlier specialone by mere implication :generalia specialibus nonderogant, or. in other, words,'where there are general wordsin a later act capable .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2470
R.B. Misra, J.1. Heard Sri Manoj Kumar Sharma, learneed Counsel for the petitioner and Sri H.R. Mishra, learneed Counsel for the respondent, Ghaziabad Development Authority. 2. In this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/Ghaziabad Development Authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class IV category i.e., to the post of peon or Security Guard and for payment of arrears of salary in the regular pay scale like other employees since the month of March, 1994.3. Brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. He filed Writ Petition No. 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the Government Order dated 21.10.1989 claiming that some juniors to ...
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