Court : Allahabad
Reported in : (1979)10CTR(All)293; [1983]144ITR130(All)
..... with the requirement of the statutory duty of refunding the surplus money to the defaulter, if he transmits the money to the court of the learned ii additional civil judge, dehra dun, which passed the order of attachment. the money will be subject to further orders of the court where the suit is pending.4. in the result, the petition succeeds ..... of which the assets were realised. thereafter he has to pay to the ito any other amount recoverable under the procedure provided under the act and under clause (d) the balance, if any, remaining after the payment referred to in clause (c), shall be paid to the defaulter. the tro's duty, therefore, ..... request, the petitioner filed the present writ petition in this court.2. under rule 8 of the tax recovery rules framed under the iind schedule of the i.t. act, 1961, the sale proceeds are liable to be disposed of by first paying off the costs of the auction and then the amount due under the certificate in execution .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All366
..... regional transport authority, decided to raise the strength of the route from 25 to 32. sometime in sept. 1961 a new region with its headquarters at dehra dun was created and thereafter the regional transport authority, meerut transferred all the applications which had been received by it for the vacancies on the route to the ..... to road transport to the state transport authority or to any regional transport authority and such transport authority shall give effect to all such directions.........'by the same act sub-section (1) of section 47 was substituted by a new sub-section as follows:--(i) a regional transport authority shall, in considering an application ..... to removing difficulties in the implementation of long term plans pertaining to passenger road transport services. it was accordingly considered necessary to amend the motor vehicles act, 1939 to authorise the state government to issue directions from time to time in regard to the number of permits that may be granted in respect .....
Tag this Judgment!Court : Allahabad
Reported in : [1960]39ITR617(All)
..... by the income-tax officer to furnish certain information with regard to some investments, particularly in respect of an immovable property standing in his name in connaught place, dehra dun. when called upon to furnish this information, the petitioner sent a letter on april 15, 1953, in which he wrote that he might add for the ..... february 23, 1959, passed by the opposite party, the income-tax officer, 'a' ward, dehra dun. this order of assessment relates to the assessment year 1950-51. for that assessment year no notice under section 22(2) of the income-tax act was issued to the petitioner. a general notice under section 22(1) had been issued as ..... is correct or incorrectu it was urged that, on the determination of this question depended the decision of the question as to whether the income-tax officer acted in exercise of jurisdiction vested in him or in excess of that jurisdiction. this contention raised before us ignores the circumstance that the limitation prescribed by section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All382
..... according to law in force then were lawfully enacted as held in district board, dehra dun v. h. trotter : air1939all389 .25. section 143(2), government of india act, 1935, provides that:any taxes which immediately before the commencement of part 3 of this act were being lawfully levied by any local authority for the purposes of the district ..... refers to two decisions of this court district board, dehra dun v. h. trotter : air1939all389 and l. macdowell v. district board, dehra dun ('43) 1943 a.l.w. 84. none of these cases decides the question before us, namely the effect of the enactment of the professions tax limitation act 1941, on sections 108 and 114, u.p. district ..... . i proceed now to examine the above provisions of the district boards act in the light of the two principles mentioned above as -laid down by their lordships of the judicial committee.52. the first case to which i may refer is district board, dehra dun v. damodar dutt : air1944all223 . in that case the district board .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All7
..... hindu marriage act, 1955 (hereinafter referred to as the act, or the 1955 act), a munsif has jurisdiction to entertain a suit for restitution of conjugal rights where the parties are hindus.2. ranjit singh filed suit no, 306 of 1955 in the court of munsif, dehra dun against smt ..... section 23 deals with apetition for judicial separation. section 32 dealswith a petition for restitution of conjugal rights.section 32, indian divorce act states :'when either the husband or the wife has, without reasonable excuse withdrawn from the society of the other, either wife or ..... for petition for obtaining judicial separation. before 1955 the general hindu law did not recognize judicial separation among hindus. the 1955 act recognizes the right of judicial separation among hindus.before 1955 a hindu in general could not institute a suit in a munsifs ..... is allowed. proceedings in suit no. 306 of 1955 pending before the learned additional munsif, dehra dun are quashed. parties shall bear their own costs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All553; 110Ind.Cas.695
..... mukerji, j.1. this is an application, filed on 18th may 1928, in chambers, by one of the official liquidators, mr. asthana for dehra dun mussoorie electric tramway co. ltd. (in liquidation) and mr. ladli prasad representing the allahabad bank, ltd.2. it appears that a few months back the liquidators ..... matters in difference to arbitration in a particular way that an official liquidator is allowed to make a reference to private arbitration.7. a reference to section 234, companies act, will show that the liquidator, with the sanction of the court, may compromise certain claims, against the company and outstanding in favour of the company. it is, ..... both the learned gentlemen expressed their view and submitted certain arguments that a reference to private arbitration was permissible under section 179, clauses (a) and (i), companies act. i deferred passing orders till i had carefully considered the matter, with the help of the arguments advanced before me.4. it is to be noticed that section 179 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All193
..... directed against an order passed by the district judge, dehra dun, dated nov. 9, 1982, in proceedings under the urban land (ceiling & regulation) act, 1976, (hereinafter referred to as the 'act').2. one lieutenant colonel d. sanyal was owner of the premises no. 26-b, mohini road, dehra dun, comprising of three dwelling units and having the total ..... area of 7395 square meters. the covered area is 554 square meters. upon the commencement of the act, d. sanyal (hereinafter referred to as the 'objector') put in statement under section 6 ..... made by sri jain, learned counsel for the petitioner in civil miscellaneous writ petition no. 1073 of 1983 (brigadier m. c. sanyal v. district judge, dehra dun and others) for the grant of certificate under article 134a read with article 133(1) of the constitution. in my opinion the case does not involve a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All679
..... were acting merely as the plaintiffs' agents in despatching the sugar, or whether they should be regarded as sellers of the sugar to the ..... took the contrary view, finding that the defendants remained the owners of the sugar during its despatch by rail to dehra dun, and so they were liable for the loss in transit. the court held that they acted as principals in selling the sugar to the plaintiffs and they reserved the right of disposal of the consignment during the ..... transit, since it was consigned to their own agents and not to the plaintiffs at dehra dun. the first question to be considered is whether the defendants .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All664
..... relationship of employer and employee had continued! to subsist between the parties,26. thus, for example, when subsequently the defendant wanted to join the research institute, dehra dun, for training, he considered it necessary to apply to the plaintiff company for permission. in reply the company did not state that no permission by it was ..... award, however, the defendant gave an application dated 3rd january, 1950, to the city magistrate, lucknow, who was the authority appointed under the payment of wages act (act iv of 1936) for the recovery of his wages from the plaintiff company for the period after the 19th october, 1948, and succeeded in obtaining a direction ..... that the evidence on record establishes beyond doubt that the defendant is not a workman. 'workman' is defined in section 2(s) of 'the industrial disputes act, 1947, (act' xiv of 1947);--'workman' means any person employed (including an apprentice) in any industry to do any skilled or unskilled manual or clerical work for hire .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All505
..... case, the points of determination and the reasons for the decision.the second contention is that 2-10-1947 was a holiday for the civil courts in the district of dehra dun and, therefore, the court below should not have passed an order on that date directing that the case should proceed ex parte and it should not have recorded the ..... by a notification no. 4659/iii-iii 1946, dated lucknow 26-9-1947 the government of the united provinces in exercise of the powers conferred by section 25, negotiable instruments act, 1882 (act no. xxii of 1 882) which by virtue of government of india, home department, notification no. 228/38 public dated 1-4-1938, are excrcisable by provincial governments, ..... s defence.11. we will first briefly indicate what was the legal position on 2-10-1947.12. section 15(a) of the bengal, agra and assam civil courts act, 1887 (act no. xii of 1887) prescribes as follows:(i) subject to such orders as may be made by the state government, the high court shall prepare a list of .....
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