Judgment Search Results Home > Cases Phrase: commercial establishment Court: allahabad Page 8 of about 1,100 results (0.013 seconds)

Kumari Surya Shukla and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2007(4)AWC3618

..... society established under societies registration act for charitable purpose like establishment of educational institution have no right to indulge into commercial ..... pai foundation (supra) is reproduced as under:the right to establish and maintain educational institutions may also be sourced to article 226, which grants, in positive terms, the right to every religious denomination or any section thereof to establish and maintain institutions for religious denominations or sections thereof to establish and maintain institutions for religious and charitable purposes, subject to ..... and evidence on record also show that school and colleges in the state have indulged into commercial activities to earn maximum income, may be at the cost of extreme hardships to the ..... thereof, which do not fall within the special categories carved out in articles 29(1) and 30(1), have the right to establish and maintain religious and educational institutions. ..... : [1978]2scr621 , held as under:it is well established that even where there is no specific provision in a statute or rules made thereunder for showing cause against action proposed to be taken against an individual, which affects the rights of that individual, the duty ..... in view of above, in case any educational institution indulge into commercial activities or run the educational institution only with an aim to achieve profit and the management of the educational institutions do anything which may give impression to the young generation that sole aim of .....

Triveni Engineering and Industries Limited Through Its Occupier Dr. M. ...

Court : Allahabad

Reported in : 2006(1)AWC736

..... hereinabove. similarly the law as laid down by the hon'ble supreme court in the case of commissioner commercial taxes (supra) is also well ..... .30. even otherwise a bare reading of the said clause would establish that it permits the occupier of a sugar factory situate outside the state of uttar pradesh to purchase sugar cane in the state of uttar ..... . the parliament is empowered to enact a law to admit into union or establish new states on such terms and conditions as enshrined in article 2 of the constitution of india ..... pradesh. the provisions of section 12 of the act read with rules 19, 20 and 21 of the of the sugarcane (regulation of supply land purchase) rules, 1954 also establish that the authorities constituted under the ..... in support of the said submission he has placed reliance upon the judgment of the hon'ble supreme court in the case commissioner commercial taxes, ranchi and anr. v. ..... '21. it is established beyond doubt that with effect from 08.10.2002 the state of uttaranchal has its own law known as uttaranchal sugar cane (regulations of supply and purchase) act, for the purposes of regulating the supply .....

Smt. Kesar Devi and ors. Vs. A.D.J. and ors.

Court : Allahabad

Reported in : 2007(1)AWC452

..... it is submitted that the prescribed authority illegally released the accommodation in dispute treating it to be a residential accommodation while from the evidence on record it is clearly established that the disputed accommodation is commercial, in which the petitioners were doing the business of selling of white-washing material etc.12. ..... 1 prepared under rule 50 of the sales tax rules, as well as challans for the years 1990 onwards to establish that this accommodation in dispute was a shop and not a residential accommodation. ..... it is stated that sri shyama charan gupta has not established any sanitary store as alleged by the petitioners. .....

Cit Vs. Meghdoot Village Products (P.) Ltd.

Court : Allahabad

Reported in : (2007)212CTR(All)484

..... aforesaid argument by urging that when the cit (appeals) as well as itat on the scrutiny of the material evidence on the record has recorded two findings that the identity of the creditors was established and that entitlement of their salary and this payment under the mercantile account system has been made, the plea raised by the revisionist cannot be accepted as the creditworthiness of these creditors can well be ..... plea of the learned counsel for the assessee that the identity of the creditors have been established and that the employment of these persons also being not disputed along with the entitlement of salary, the presumption should have been raised about the creditworthiness misses the very essential ingredient ..... that was purported to have been accounted for through credit-notes when not even a single party had actually been paid the said amount and the assessee had failed to establish conclusively that such payment during the year, was warranted by business/commercial expediency.2. ..... : [1986]159itr78(sc) in support of his submission that identity of the creditors having been established, it was duty of the department to take proper course for finding out creditworthiness of the creditors either by exercising powers under section 131 of the act or by adducing such evidence which was ..... section 68 of the income tax act requires three ingredients to be established :(i) the identity of the creditors(ii) the capa cit of said creditors to advance the money(iii) the genuineness .....

Panna Lal Babu Lal Vs. the Commissioner of Sales Tax, U.P., Lucknow

Court : Allahabad

Reported in : AIR1956All710; [1956]7STC722(All)

..... . their lordships observed that pakki adati dealings were well established as a legitimate mode of conducting commercial business in the bombay market, and the plaintiffs were entitled to be indemnified by their employer, the defendant, against the consequences of the ants done by them unless those acts were unlawful ..... bombay high court, the legal position of a pakka adatia was again considered, it was held that the pakka adatia has no authority to pledge the credit of an up-country constituent to the bombay merchant and that no contractual privity is established between the up country constituent and the bombay merchant .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... away by acquisition by making payment of a meagre amount, but the petitioners were under bonafide belief that their land has been acquired for planned industrial development of the district and the establishment of the industries of the area shall provide source of livelihood to their children in getting employment in these industries which shall suitably mitigate their miseries hence they accepted the compensation as their ..... (a) urbanisable areas (including existing builtup/urban areas) within the urbanisable area proposed in the master/development plan of the respective town, the functions and uses designated as under be continued: i)residential ii) commercial iii) industrial iv) government offices, public and semi-public v) recreational vi) utility services vii) transport and communications viii) open spaces, parks and playgrounds ix) graveyards/cemeteries and burning ghats x) ..... division bench held that when the land was acquired and taken over by the acquiring body for the purposes of industrial development, then it can be public or commercial and residential accommodation connected with the said industrial development but it cannot be enter into simple housing development scheme performing the job of the development authorities and nagar ..... the intention of the act in establishing the authority was to promote the industrial development in the area and earmarking the land use as industrial, commercial, residential has only been given to facilitate the authority in achieving .....

Anupam Sari Centre and Others Vs. Collector, Padrauna and Others</B>

Court : Allahabad

Reported in : 1999(1)AWC237

..... the statement of objects and reasons of the said act shows, the purpose of establishing the said corporation under the said act is to ensure all deposits in the commercial banks and granted credit facilities. ..... no document has been filed by the respondent bank, which may establish that the loan in question has been sanctioned under a state sponsored scheme or under a central government scheme, adopted by the state ..... bank has deposited guarantee fee to the deposit insurance and credit guarantee corporation established under the said act. ..... according to the petitioner, the amount in question is a commercial loan, not sanctioned under a state sponsored scheme, and as such the amount cannot be recovered under the provisions of the recovery of ..... the loan is apurely commercial loan.consequently, the provisions of therecovery of dues act are notapplicable in the present case, andthe amount in question cannot berecovered under the provisions of ..... the said loan is a commercial loan, cannot be recovered under the provisions of the recovery of dues act the petitioner contends, the remedy open to the respondent bank is to file ..... the loan being a commercial loan, not advanced to the petitioner under any slate sponsored scheme, and further, the agreement entered into between the parties not empowering the respondent bank to recover the amount in question as arrears ..... the said loan is a commercial loan, the petitioner contends, granted under cash credit limit scheme, and not under any state .....

Manas Sewa Samiti Vs. Chief Commissioner of Income-tax

Court : Allahabad

..... the following grounds: "(i) the applicant society does not exist solely for educational purpose; (ii) the assessee society is generating profits over the years which establish the profit motive of the assessee society; (iii) the assessee has made huge expenditure on advertisement like a commercial activity to promote the business activities to earn more and more profits; (iv) the assessee has made huge loans/advances to the interested persons/concerns ..... advertisement made does not necessarily means that the activity of the petitioner is commercial in nature or is being done with the intention to earn more ..... further, the fact that the petitioner is generating profit or is carrying on commercial activity and is making a huge expenditure in advertisement is a fact, which is not required to be considered at the stage of considering the application ..... in the year 2001-02, the petitioner established an educational institution in the name and style of institute of information management and technology ..... is to establish an educational ..... or university or other educational institution and to that extent the proviso states that such payment shall not be treated as application of income to the objects for which such trust or fund or educational institution is established. ..... authority has to ascertain while judging the genuineness of the activities of the applicant institution as to whether the applicant applies its income wholly and exclusively to the objects for which it is constituted/established. .....

Babloo @ Motey Vs. State of U.P.

Court : Allahabad

..... the appellant submitted that in case the court is of the opinion that compliance has been made, then looking into the circumstances of the case, the sentence can be modified regarding minimum quantity because he has established on record that there is a suspicion that the article was above one kilogram or not and, in case of uncertainty, the doubt will terminate in favour of the appellant and he will be given benefit of doubt ..... therefore, i am of the opinion that since it has not been established on record that the quantity recovered was more than commercial, the learned lower court has no jurisdiction to pass a sentence under section 20 c of n.d.p.s. ..... section 20 b of the n.d.p.s is reproduced below:-"(b) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees."32. ..... the learned trial court, however, believed the prosecution witnesses and convicted the appellant on the basis of the evidence produced before him and convicted the appellant for having in possession of the commercial quantity of the charas and convicted him under section 20 n.d.p.s. ..... therefore, it creates a strong doubt that the quantity is commercial or not and naturally in case of doubt, the benefit definitely will go in favour of the appellant. 30. ..... the prosecution was not sure whether it was a commercial quantity or not, because it has not been weighed. .....

Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...

Court : Allahabad

Reported in : AIR1951All257

..... 1949:'in the english constitution there is an absence of those declarations or definitions of rights so dear to foreign constitutionalists, such principles, moreover, as we can discover in the english constitution are like all maxims established by judicial legislation, mere generalisations drawn either from the decisions or dicta of judges, or from statutes which, being passed to meet special grievances, bear, a close resemblance to judicial decisions, and are in effect judgments pronounced by ..... more particularly it is important to note that, under the weimar republic the state, entering the commercial or industrial sphere, could do so only on the same terms, legally speaking, as (my other corporation ..... the facts were these : para (3) (a) of the restrictions of interstate passenger transport order made under the national security (land transport) regulations provided that no person should without a permit travel by rail or commercial passenger vehicle from any state in the commonwealth to any other state therein. ..... at the same time it is further clear that when the state engages itself in a commercial undertaking, trade or business or enters into a contract, it is acting, to use the language of ..... thus they presumably did not anticipate those commercial and industrial difficulties which have in recent years led to marketing schemes and price control, or traffic regulations such as those for the coordination of rail and road services, to say nothing of new inventions, such as aviation .....