Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: recent Court: allahabad Page 3 of about 48 results (0.094 seconds)

V.V.S. Alloys Ltd. Vs. Assistant Commissioner of Income Tax

Court : Allahabad

Reported in : (2000)68TTJ(All)516

..... fundamental jurisdiction. if the assessing officer makes an assessment under section 147 without issuing a valid notice under this section, he cannot be said to act without inherent or fundamental jurisdiction. his action would only amount to irregular exercise or assumption of jurisdiction and objection to such irregularity can always be waived ..... on 30-8-1995, according to section 158be assessment framed on 31-3-1997, were barred by limitation, (2) that the assessing officer did not act independently in making enquiries and in framing the impugned assessment but was greatly influenced and carried by the directions/instructions issued by ddi (inv.) through appraisal report ..... of wealth tax in the exercise of his quasi-judicial functions.accordingly, where in certain applications for revision under section 25 of the wealth tax act, 1957, from the inception of the proceedings, the commission of wealth tax put himself in communication with the central board and so brought instructions .....

V.V.S. Alloys Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... wto or to the cwt in the exercise of his quasi-judicial functions." accordingly, where, in certain applications for revision under s. 25 of the wt act, 1957, from the inception of the proceedings, the cwt put himself in communication with the central board and so brought instructions from the board as to ..... been conducted on 30th august, 1995, according to s. 158be assessment framed on 31st march, 1997, were barred by limitation; (2) that the ao did not act independently in making enquiries and in framing the impugned assessment but was greatly influenced and carried by the directions/instructions issued by ddi (inv.) through appraisal report (3) ..... inherent or fundamental jurisdiction. if the ao makes an assessment under s. 147 without issuing a valid notice under this section, he cannot be said to act without inherent or fundamental jurisdiction. his action would only amount to irregular exercise or assumption of jurisdiction and objection to such irregularity can always be waived." 28 .....

Dr. A.K. Bansal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)73ITD49(All.)

..... of sub-section (1) of section 132 - existence of which is the prerequisite condition for authorising a search in accordance with law and once this view of mine is upheld, the income-tax appellate tribunal's power automatically gets extended to scrutinise the record of the authority empowered to authorise search because it is only that record ..... its non-examination by the assessing officer, the appellate tribunal during the hearing of the first appeal under section 253(1)(b) of the income-tax act, 1961 can act similarly and direct the department to produce such material before it ?" 2. i have heard the parties. the assessee's counsel has adopted his submissions ..... its non-examination by the assessing officer, the appellate tribunal during the hearing of the first appeal under section 253(1)(b) of the income-tax act, 1961 can act similarly and direct the department to produce such material before it 1. in consequence upon the difference of opinion amongst the hon'ble members constituting the .....

Oriental Bank of Commerce and Others Vs. S.M. Chopra

Court : Allahabad

Reported in : 2000(1)AWC594

..... ., the respondent punjab national bank was an instrumentality of statute. the hon'ble supreme court held that 'keeping in view the provisions of bank nationalisation act we are ofthe opinion that nationalised bank is a corporation established by a central act and it is owned and controlled by the central government'. in para 23 of the judgment referring to the decision of s. s ..... to contract, and may sue and be sued in its name. from the aforesaid provisions contained in section 3 of the banks nationalisation act it is evident that the nationalised banks have been established under the provisions of the said act and the same are distinct juristic persons with perpetual succession and the power to acquire, hold and dispose of property and, to contract .....

Mukhtar Ansari Vs. Central Bureau of Investigation S.i.V. and anr.

Court : Allahabad

Reported in : 2000CriLJ68

..... arising within their respective local areas in which investigations are made or charge-sheets filed by the special police establishment constituted under the delhi special police establishment act, 1946 (act no. xxv of 1946).' varanasi district for the purpose falls within the local area of the special judicial magistrate stationed at lucknow. as soon as ..... those that are grouped together from others and (2) that the differential must have a rational relation to the object sought to be achieved by the act.the question whether the state government is empowered to establish one special court of a judicial magistrate laying down that the court alone will have jurisdiction to ..... time, judicial commissioner was not the highest court of appeal in rent and revenue cases. but there was a financial commissioner as the highest court. by act xxxii of 1871, the post of financial commissioner was abolished and his work was entrusted to judicial commissioner of oudh (vide section 84). the cases in the .....

Jai Prakash Agarwal Vs. Prescribed Authority/S.D.M., Sadar, Deoria and ...

Court : Allahabad

Reported in : 1998(4)AWC10; (1999)1UPLBEC697

..... (1996) 3 uplbec 1617 (fb), while consideringas to whether the deputy director of education deciding a dispute under section 16a (7) of u. p. intermediate education act, 1921, is a tribunal or not, after examining various authorities, held in paragraph no. 16 as under :'it would appear that to determine the question whether an ..... . thus, if authorised by the state government by notification published in the official gazette, the officer or the court shall be prescribed authority for purpose of the act. the state government by notification dated october, 28, 1975, published in u. p. gazette. extra, dated 28th october, 1975 has authorised the sub-divisional magistrate ..... or disputes in respect of such elections and make provisions in respect of any other matter relating to such elections for which insufficient provision exists in the act or in the rules of the society. explanation to section 25 further provides that for the purpose of this section, the expression 'prescribed authority' means .....

Committee of Management, Raja Mohan Girls Degree College, Faizabad and ...

Court : Allahabad

Reported in : 1999(2)AWC1283; (1999)1UPLBEC658

..... on the part of themanagement is persistent whichcannot be remedied, only then actioncan be taken under section 57 readwith section 58 (2) of the act. suchactions can only be taken when themanagement has persistentlycommitted wilful default in paymentof salaries of the teacher or the staffof the college or substantiallydiverted, ..... ofmanagement of the institution inaccordance with the provisions ofsection 2 (13) of the act was notacceptable to the university hencethe management of the institution bythe said committee was not inaccordance with law and was illegal.the order further indicated ..... 6. on the date of issuance ofnotice, i.e., 21.7.98, an order waspassed by the state governmentunder section 58 (2) of the act.according to the said order due to theillegal actions of the management ofthe institution a situation had beencreated in which immediate actionwas necessary, as themanagement/committee .....

Mukesh Kumar Srivastava Vs. Anant Sahkari Avas Samiti Ltd., Allahabad ...

Court : Allahabad

Reported in : 1999(1)AWC636

..... to the order of injunction, which was enforceable and executable at par with an order of civil court by virtue of section 92 of the u. p. co-operative societies act, 1965. the learned civil judge (sr. division), allahabad by means of the order dated 18.7.1998, mandated the district magistrate and the senior supdt, of police, allahabad ..... to be executed by means of the execution application ; and the application for execution was not capable of execution under section 92 of the u. p. co-operative societies act, 1965 in that the order of ad-interim injunction could be executed only in the manner prescribed by order xxxix, rule 2a, c.p.c. which proceedings can be ..... the board of arbitrators in deciding a dispute and making an award under this section shall be as may be prescribed.'it is eloquent from section 71 of the act, that the arbitrator has been conferred with the power to pass such interim order including attachment of property as he may deem necessary in the interest of justice pending .....

Ranvir Kumar Vs. Judge, Family Court, Moradabad and Another

Court : Allahabad

Reported in : 1998(4)AWC39; I(1999)DMC511

..... the distinction between the two provisions and, therefore, submissions made by the learned counsel for the petitioner that no appeal lay under section 19 of the act against the order allowing restoration application, does not commend itself for acceptance.8. however, an alternative remedy does not operate as an absolute bar and in ..... restoration application. the order allowing or rejecting restoration application, is therefore, not an interlocutory order within the ambit of section 19(1) of the family courts act. 1984, and is clearly appealable under the said provisions. order xli11, rule 1 of the code of civil procedure envisage an appeal against an order rejecting ..... off between the petitioner and the respondent appears to be the causative factors for institution of a petition by the petitioner under section 13 of the hindu marriage act, 1995, seeking dissolution of the marriage on the ground of ' wilful neglect' and 'desertion' by the wife-respondent herein. the learned judge. family court .....

Siddhartha Kumar and Others Vs. Upper Civil Judge, Senior Division, Gh ...

Court : Allahabad

Reported in : 1998(1)AWC593; (1998)1UPLBEC587

..... is disquieting and disconcerting is that very often adjournments are taken in collusion between two opposing lawyers in direct contravention of the provisions of the advocates act and that of the proviso to order xvii. rule 1 (2) of the code of civil procedure, which reads as below :(a) when ..... the appellate/revisionalcourts at the district level, they are categorised and labelled as follows : appellate/revisionaljurisdiction(appeals. revisions,misc. and other cases, under various acts) distinctivemarkage of the caseslabel assigned(colour of folder/filecover)(i) over three years'critically old'red(ii) one year to threeyears'very old'green(iii) ..... , which furnishes a distinctive mark, will determine priorities in the matter of disposal in the following manner :original jurisdiction(original suits, cases under special acts. misc. cases and executionapplications)distinctive markage of the caseslabel assigned(colour of folder/filecover)(i) cases over ten years-critically old'redlit) cases from .....