Court : Allahabad
Reported in : AIR1998All173; (1998)3UPLBEC1675
..... (4) except as expressly provided by this act, no officer or employee of the university shall be eligible to seek election to any authority or other body-of the university.' 18. ..... if in the opinion of the vice-chancellor an immediate meeting is required for consideration of some urgent business, a shorter notice may also be given but the prohibition is that in such meeting no business which is not of immediate urgency shall be transacted. ..... when the nature of the business to be brought before the council in the opinion of the vice-chancellor necessitates an immediate meeting, shorter notice may be given, but at such meeting no business that is not of immediate urgency shall be transacted.' 11. .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]111STC35(All)
..... is further submitted that the only course open to the opposite parties was that in case it was thought that eligibility certificate was wrongly issued to the purchasing dealer it was open to the authority either to proceed to cancel the eligibility certificate issued to him or to realise the amount of tax from the purchasing dealer, if legally permissible under the ..... as observed earlier in case it is found that the authority has passed any wrong order in granting eligibility certificate or in case it has been misused by the purchasing dealer, the appropriate steps as may be permissible under the law, to undo the wrong ..... steps can always be taken as may be permissible under the law against the holder of eligibility certificate or the officer making a wrong order but section 21 of the act is not ..... to observe that the case of the opposite parties does not seem to be that the eligibility certificate furnished, was false or fake but if at all fault lay with the authority granting eligibility certificate providing total exemption in place of concessional rate. ..... was the duty of the assessing authority to check and see as to whether the eligibility certificate issued to the purchasing dealer was rightly issued or not. ..... the procedure as prescribed for such transactions, is that the purchasing dealer, has to furnish form 3-kha as prescribed under the rules to ..... who made purchases from the petitioner, as indicated above, held eligibility certificate issued to them under section 4-b(2) of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC10
..... in the year 1993 on the incumbents to the two posts of executive officer and officer-in-charge, nagar palika, mussoorie being transferred the then officer-in-charge of the nagar palika, mussoorie, suspecting these transactions to be fishy, wrote a letter to the government, pointing out the illegal transfer of these properties in favour of the petitioners and an enquiry was initiated. ..... clearly there existed fiduciary relationship between him and the local body, and this renders the transaction in his favour unconsciouable and, also reveals the reason for the veil of secrecy around the entire matter relating to transfer of these flats, to persons totally ineligible.14. ..... it is not a sheer coincidence, that not one person from the eligible income group in the town of mussoorie for whose people the scheme primarily was, the district of dehradun, or the state of u. p. ..... not an iota of evidence has been produced to indicate that their income was such as to render them eligible to offer bid in the matter of sale of the flats in question. ..... they were fully eligible to seek allotment and transfer of these flats meant for the middle income group and, in any case, the impugned orders are unsustainable having been passed without affording any opportunity to show cause.6. .....
Tag this Judgment!Court : Allahabad
Reported in : (1995)128CTR(All)467; [1995]215ITR608(All)
..... , the documents connected with the business transaction between the said company and hanuman minerals, proprietary business of petitioner no. ..... it is contended that the search and seizure operations against the petitioners were justified in so far as the concerned authorities had reason to believe that assets and valuables and/or documents connected with the transaction with saraikela glass works ltd. .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1358
..... it does not envisage or permit joining of different causes of action arising out of two separate transactions, to confer jurisdiction on the ground of accrual of part of cause of action within the territorial limits of the court. ..... act constitutes an entirely separate and distinct transaction having no nexus to his detention in connection with the sessions trial at moradabad. ..... the detention of the petitioner in the two cases also do not form part of the same transaction. ..... the expression 'cause of action in part arises' in the said provision refers to a part of cause of action relating to or arising from the same transaction. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All225
..... the respondent mandi samiti sought to levy and collect from the petitioner market fee on the transactions of sale of this waste by the petitioner as an item falling under the schedule to the aforesaid act which lists various items of agricultural produce as defined under section 2(a) of the act. ..... their lordships held that splits and coloured leather continue to be hides and skins eligible for special treatment under the central sales tax act. ..... even market committee had, therefore, concluded before the supreme court that no market fee was leviable or was being charged on the transactions of furniture. .....
Tag this Judgment!Court : Allahabad
Reported in : [1992]196ITR31(All)
..... relevant directions contained in the appellate order remanding the assessment proceedings to the income-tax officer, the income-tax officer exceeded his jurisdiction in considering and adjudicating upon three new issues relating to the eligibility of the trust for exemption, although the said issues were neither considered in the relevant original assessment nor were the subject-matter of directions by the appellate authority while setting aside the said original ..... whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the second proviso to section 13(1)(c) of the income-tax act, 1961, did not save the transactions for use of application of funds made before june 1, 1979, from the disability arising under section 13(2)(h) of the said act ?' 3. ..... whether, on the facts and in the circumstances of the case, the transactions carried on by the assessee in shares would disentitle the assessee from being treated as a charitable institution within the meaning of section 2(15) of the income-tax act, 1961 ? 8. ..... was controlled by the authors of the assessee-trust, the transactions fell within the mischief of section 13(2)(h) of the act. ..... it is not suggested that it was a bogus plea or that it was not a bona fide transaction. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1989All64
..... in reference to commercial transactions the supreme court in a recent case observed : 'the presumption is that legal obligations are intended. ..... 50,000/- for merely as a passport to be eligible to participate in the auction; rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All267
..... implied authority to bind the firm might include the power to acknowledge the liability in the usual course in respect of a deposit accepted in banking transactions (sections 18/20, partnership act), lindley : law of partnership (14th ed) (1979) observes at page 381 that an acknowledgment by an agent being sufficient to affect his principal acknowledgment by one partner will, it is apprehended, be regarded as an acknowledgment by the firm. ..... 1 and 2 were for specified term but regard being had to the kind of relationship between the parties, the nature of the transactions entered into and the business carried on by the appellants, it cannot be said that on the expiry of the specified period they were to 'seek out' the respondent depositors and require them to withdraw the amount. ..... it will depend on the facts of each case, whether the transaction is clothed with !he character of a deposit of money. ..... the surrounding circumstances, the relationship and character of the transaction and the manner in which parties treated the transaction will throw light on the true form of the transaction. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All77
..... kishan oil factory to this effect who replied that they did not authorise you to place demand and you placed the indent on your own accord as such they are not concerned with this transaction and the demurrage accrued. .....
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