Judgment Search Results Home > Cases Phrase: coastal aquaculture authority act 2005 Court: allahabad Page 1 of about 15 results (0.039 seconds)

Ajeet Singh Alias Muraha Son of Vijay Singh Vs. State of Uttar Pradesh ...

Court : Allahabad

Reported in : 2007CriLJ170

..... : [1983]3scr762 , the apex court held that court's power is limited only to examine that the process of law should not be misused to harass a citizen and for that purpose, the high court has no authority or jurisdiction to go into the matter or examine the correctness of allegations unless the allegations are patently absurd and inherently improbable so that no prudent person can ever reach to such a conclusion and that there is sufficient ..... to give effect to the law laid down by the hon'ble supreme court in this case, the provisions of the code have been amended by code of criminal procedure (amendment) act, 2005 by which section 50a has been inserted. ..... on a traditional interpretation of the legal position as laid down in satyapal's case and in the authorities of the apex court referred therein, the scope of interference and stay of arrest at the stage of investigation needed to be confined to the 'rarest of rare ..... : [2003]3scr647 , a constitution bench of the hon'ble supreme court held as under;-it is now well settled that a decision is an authority for what it decides and not what can logically be deduced therefrom. ..... air2003sc511 , the hon'ble supreme court held that a decision is an authority for which it is decided and not what can logically be deduced therefrom ..... may be noted that brother chauhan j relying on authorities starting from the privy council case in emperor ..... wherever any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent .....

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court : Allahabad

..... the search; (b)there is no necessity to adjudge the validity of search on the parameters of section 22 of the special economic zone act, 2005, as the section was not enforced on the date of search; (c)in case the petitioner makes out a prima facie case against the validity of the search then (subject to privilege under section 123 or 124 of the evidence act), the petitioner is entitled to know the information in possession of the department or the reasons to believe for authorising the ..... in our opinion-- considering the special status given to the person working in sez; the amount of recovery; the assertions that all transactions are through custom authorities or through the bank and shown in the accounts books; the audit report, p&l account, and balance sheet being unavailable to the dit(i)-kanpur--the petitioner has made out a prima facie case for disclosure of ..... for exercising their powers and performing functions; (ii)sub-section (2) of section 120 {section 120(2)} of the it act provides that the board may further authorise any income-tax authority to issue order for exercising power, functions by all or any of income-tax authorities, who are subordinate to him; (iii)sub-section (3) of section 120 {section 120(3)} of the it act provides that while issuing the direction under section 120(1) or (2), among the other things, the .....

Mukesh (Minor) Son of Mahajan Under the Guardianship of Smt. Rukmani D ...

Court : Allahabad

Reported in : 2005(3)AWC2529

..... counsel for the parties, 1 proceed to deal with the principal argument advanced by the learned counsel for the petitioner to the effect that the authorities have committed error by proceeding to assess the value of the instrument on the basis of future potentialities of the land. ..... petitioner has urged that the finding recorded by the revisional authority by placing reliance in the case of administrator general of west bengal (supra) is erroneous inasmuch as the said decision related to the assessment of compensation under the land acquisition act where the criteria is different. ..... the aforesaid fact and in view of the finding recorded by the authorities below it cannot be said that the approach of the respondent no ..... this apart there has to be some material before such authority as to what is the likely value of such property ..... a finding has been recorded by the revisional authority as well to the said fact, which is not under challenge in ..... reasons which is an objective consideration recorded by the authorities below is sufficient to sustain the order. ..... accordingly, the reasoning given by the authority below on the question of imposition of stamp duty of future potential value, of the ..... the reliance placed by the revisional authority on the aforesaid decision, therefore ..... 2 and 1 respectively, whereby reference under section 47a/33 of the indian stamp act has been answered against the petitioner and the petitioner has been called upon to make good the deficiency reported in the payment .....

Ram Khelawan Alias Bachcha Son of Sri Ram Ratan Vs. State of U.P. Thro ...

Court : Allahabad

Reported in : 2005(2)AWC1087

..... (3) the collector may, suo motu, on a reference from any court or from the commissioner of stamps, or an additional commissioner of stamps or a deputy commissioner of stamps or an assistant commissioner of stamps or any officer authorized by the state government in that behalf, within four years from the date of registration of any instrument, on which duty is chargeable on the market value of the property not already referred to him under sub-section (1), ..... of any instrument, on which duty is chargeable on market value of the property as set forth in such instrument is less than even the minimum value determined in accordance with the rules made under this act, the registering officer appointed under the registration act, 1908 shall, notwithstanding anything contained in the said act, immediately after presentation of such instrument, and before accepting it for registration and taking any action under section 52 of the said ..... on receipt of a reference under sub-section (1), the collector shall, after giving the parties a reasonable opportunity of being heard, and after holding an inquiry in such manner as may be prescribed by rules made under this act, determine the market value of the property which is the subject of such instrument, and the proper duty payable thereon. ..... 1974 madras 117 was quoted:'we are inclined to think that the object of the amending act being to avoid large scale evasion of stamp duty, it is not meant to be applied in a matter of fact fashion and in a .....

Smt. Shakti Kumari Gupta Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2006(2)AWC1525

..... this court has taken a serious note of the fact that sometimes the authorities, under the rent control act and also with certain influential person, make the allotment of a house without following the procedure prescribed ..... the given facts and circumstances of the case, on 18.10.2005, we directed the deputy inspector general of police, varanasi range, varanasi, to file his personal affidavit answering all our queries clearly indicating as to under what circumstances this incident took place and why the district administration including the police authorities did not register an appropriate criminal proceedings against the respondent ..... had not found the aforesaid deponent to have answered the queries made by the court, an order was passed on 14.9.2005, calling upon said shri ashok kumar shukla, deputy superintendent of police to remain present. ..... the affidavit filed by the deputy inspector general of police, varanasi range, varanasi dated 23.11.2005, we are not inclined to issue any direction in respect of other police officers. ..... to the same, he has filed the affidavit dated 10.11.2005, wherein the relevant facts have been stated as under:5 ..... affidavit reiterated the stand taken by the administration, which was to the following effect:however, at present the said house has been vacated on 31.1.2005 and the same is in possession of the petitioner. ..... in response to our queries, a counter affidavit sworn on 5.2.2005 was filed by one shri ashok kumar shukla, deposing himself as a deputy .....

The U.P. Stock Exchange Association Ltd. Vs. Vegepro Foods and Feeds L ...

Court : Allahabad

Reported in : [2006]131CompCas385(All)

..... . a counter affidavit has been filed stating that a reference was made to the board for industrial and financial reconstruction (bifr) under section 15(1) of the sick industrial companies (special provisions) act, 1985 (in short, the act of 1985) on 13.10.2003, and that the respondent company was declared as a sick industrial company on 19.11.2003, and an operating agency has been appointed ..... a-2, industrial area, kalpi road, orai, jalaun, a company registered under the companies act, 1956 with its registered office at a-2 industrial area, kalpi road, orai district jalaun under section 433(1)(e) of the companies act, 1956, on the ground that in spite of statutory demand notice under section 434(1)(a) of the companies act, 1956, dated 19.4.2003, clues towards the annual listing fees, and that the total dues outstanding against the respondent company are ..... . the bar under section 22(1) of the act is applicable as soon as the reference under section 15(1) of the act is registered by bifr and in such case, no company petition to wind up, such company, shall lie or be proceeded with, subject to exception that it may be instituted or proceeded with the sanction of the bifr or as the case may be, by the appellate authority.6 ..... . he further submits that the winding up commences on the date when the winding up petition is filed, and as such, under section 22(1), the bar created by the act of 1985 will operate even to the proceedings which have not been filed .....

Smt. Sushma Singh W/O Dharam Pal Singh Vs. State of U.P. Through Secre ...

Court : Allahabad

Reported in : 2005(4)AWC3358; 2005(2)ESC1537

..... the court held that by virtue of the provisions of the hindu adoptions and maintenance act, 1956, such an adoptee ipso factor acquired caste of adoptive father and for all other purpose got all the ties with such parents and he was entitled for all benefits of the reserved category. ..... there was a high authority to support the view that in hinduism caste was dependant upon actions and not on birth. ..... vimla devi kushwaha, (2005); 2 scc 731 a similar view has been taken by the hon'ble apex court holding that the claim of a woman born to a high caste married to a man of backward class cannot be apceptecd as she was not born in a ..... , (2005) 2 scc 244. .....

The Commissioner of Income-tax Vs. Shri Dharam Pal Singh Huf

Court : Allahabad

Reported in : (2005)196CTR(All)28; [2006]280ITR629(All)

..... the income tax appellate tribunal, allahabad has referred the following question of law under section 256(1) of the income tax act, 1961 (here in after referred to as the act) for opinion to this court,'whether on the facts and in the circumstances of the case and in law, the tribunal was right in upholding the order of the cit (appeals) directing ..... , we are unable to agree with the order of the tribunal that there is a deemed partition and disruption of hindu undivided family as per explanation 1 to section 6 of the hindu succession act and the share of the deceased karta is liable to be excluded for the purposes of computation of income under the head 'capital gains'. ..... but it has been observed by the apex court itself 'it can not be an authority for the proposition that she ceases to be a member of the family on the death of male member of the family whose interest in the family property devolves on her without her volition to ..... authority for the proposition that when a family member who inherits an interest in the joint family property under section 6 of the hindu succession act files a suit for partition expressing her willingness to go out of the family, she would be entitled to get both the interest she has inherited and the share which would have been mostly allotted to her as stated in explanation 1 to section 6 of the hindu succession act ..... therefore, this case can not be treated as an authority for the proposition that a partition takes place in the joint hindu family, as .....

Rajwant Prasad Yadav Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2005(1)ESC370

..... different angle also on one hand the expression 'working experience' without any further description and detail and without anything more is vague term and cannot be easily understandable in the objective manner by all the authorities concerned throughout the state of uttar pradesh as such the possibility of interpreting the aforesaid term in a different and subjective manner by different persons cannot be ruled out which may also results indiscriminatory treatment amongst the ..... basis for collection of government revenue and other dues recoverable as arrears of land revenue but the persons engaged for short duration in the government job would not feel any job security, therefore, the authorities are also required to examine this aspect of the matter and explore the possibility of ensuring better job security to such seasonal employees by giving them comparatively more working period in their engagement in a season ..... be conscious of the constitutional truism that it possesses the sanction of neither the sword nor the purse and that its strength lies basically in public confidence and support, and that consequently the legitimacy of its acts and decisions must remain beyond all doubt. ..... the present case in an example of such whimsical acts of respondents whereby the seniority of seasonal collection peons working in the tehsil soraon, district allahabad has been determined by sub-divisional officer, soraon on the basis of number of working days of seasonal collection peons through out .....

The Union of India (Uoi) Through Secretary Government of India Departm ...

Court : Allahabad

Reported in : 2009(1)AWC305

..... background and previous history of the entire episode which led to transfer of the employee and since these issues were wanting in the inquiry report, it was incumbent upon the disciplinary authority to consider the contention raised by the plaintiff in his representation to the show cause notice, with a view to determine whether absence on his part could be said to be 'unauthorized'. ..... for the plaintiff-respondent disputed each and every argument of the counsel for the appellant and submits that in the event, the disciplinary authority was of the view that the proposed punishment is adequate and there was nothing further to be done, there was no necessity to ..... the court had no doubt said that the report of the enquiry officer is required to be furnished to the employee to make proper representation to the disciplinary authority before such authority arrives at its own finding with regard to the guilt or otherwise of the employee and the punishment, if any, to be awarded to him. ..... in case the contention of the counsel for the union of india is accepted that the expression by the disciplinary authority that 'he agrees with the inquiry report', is sufficient, then the entire exercise of issuing show cause notice and asking for reply and then ..... the lower court record, the reply to the show cause notice wherein certain explanations as well as objections to the proposed punishment being not commensurate with the act of delinquency was given in detail. ..... (s.c) 2005 (4), 529 paragraphs 9 .....