Court : Allahabad
Decided on : Aug-07-2006
Reported in : (2009)20VST873(All)
..... , 4 and 5 of the central sales tax act, were liable to be excluded under section 3f(2) of the act. it was claimed that the goods imported were the electrical goods. the assessing authority held that the goods imported were the cables, terminal unit, explosion proof, heater, panels, transmitter, etc., and not the electrical goods and liable to tax at 10 per cent ..... . in respect of the claim of deduction relating to the imported goods being covered under sections 3, 4 and 5 of the central sales tax act, the assessing authority held that such issue has not .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-31-2006
Reported in : AIR2006All163; 2006(3)AWC2474
ORDERUmeshwar Pandey, J.1. Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Vishal Agarwal.2. This petition under Article 226 of the Constitution of India has been moved challenging the order dated 26-11-2005 passed by the District Judge in Civil Revision No. 674 of 2005 rejecting the revision of the petitioner.3. In a suit for permanent injunction the plaintiff had died. When a matter in revision arising out of the same suit was pending before the District Judge, the substitution application of the deceased plaintiff was moved before the revisional court, which was allowed and subsequent amendments were incorporated in the memo of revision. Thereafter, the revision was decided and the record was sent to the trial court where the petitioner-defendant moved application (79-C) for abating the suit for not recording substitution in the plaint. The trial court rejected this application on the ground that substitution had already been recorded in the proceedings of revision befo...
Tag this Judgment!Court : Allahabad
Decided on : Oct-11-2006
Reported in : AIR2007All70; 2007(2)AWC1466
..... argument advanced from the side of the appellant, a perusal of the order of lower appellate court itself shows that without making any specific reference to section 68 of indian evidence act, it has very much dealt upon that point and has referred to the evidence given from the side of the plaintiff in support of his pleadings ..... the plaintiff respondent in the present case actually challenges the validity of the impugned sale deed and he was not obliged under the aforesaid proviso of section 68 of indian evidence act to produce the attesting witnesses to rebut the correctness of this document in as much as the challenge made by the plaintiff in the pleadings against ..... tried to emphasise that the lower appellate court has not specifically adverted to the findings recorded by the trial court in respect of the implication of section 68 of indian evidence act in order to arrive at an otherwise conclusion and therefore in the light of the case law of santosh hazari v. purushottam tiwari air 2001 .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-10-2006
Reported in : 2007(1)AWC1050
..... a university of local authority constituted for the purpose of local self government and includes a government componay within the meaning of section 617 of the companies act, 1956 in which the state government has prepondering interest;(c) 'retrenched employee' means a person who was appointed on a post under the government or a public corporation on or .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : AIR2007All25
..... and it has been submitted that the jurisdiction of a court of small causes is preferential and not exclusive as per, the provisions contained in sections 15 and 16 of the provincial small causes court act. it is quite obvious that the law is settled on this point because the court of small causes has no jurisdiction to settle the ..... if this suit was at all cognizable by regular civil court.6. i do not agree with the interpretation of the aforesaid section 15, 16 and article 14 of schedule ii of provincial of small causes courts act as advanced by the learned counsel. this is a suit involving the question of declaration of title over the property in suit ..... involved in the suit is only that of title.5. the learned counsel appearing for the petitioners contends that by virtue of sections 15, 16 and article 14 of schedule (ii) of the provincial small causes court act, the suit, being squarely a suit for eviction of a tenant from the premises in question after the determination of tenancy it .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-09-2006
Reported in : 2007(1)AWC56
..... the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.(2) nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.7. in the present case the plaintiff came with ..... -claim.5. while replying to the aforesaid arguments raised from the side of the appellant, the counsel appearing for the respondents defendants referred to the provisions of sub-section (2) of section 91 of the code and has submitted that the provisions of subsection (1) will not apply in the cases nor would limit the right of the defendants to ..... , c.p.c.6. in order to consider the applicability of section 91, c.p.c. in the present context, it would be proper to quote the same as below:91. public nuisance.--[(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-07-2006
Reported in : 2007ACJ2091; 2007(1)AWC475
..... application for permission is erroneously rejected the insurer can challenge only that part of the order while filing appeal on grounds specified in sub-section (2) of section 149 of the 1988 act. but such application for permission has to be bona fide and filed at the stage when the insured is required to lead his ..... held as under:18. the aforesaid provisions show two aspects. firstly, that the insurer has only statutory defences available as provided in sub-section (2) of section 149 of the 1988 act and, secondly, where the tribunal is of the view that there is a collusion between the claimant and the insured, or the insured does ..... that this appeal on quantum of compensation on merits including negligence or contributory negligence is not maintainable as no permission had been granted by the tribunal under section 170 of the act.5. hon'ble apex court has occasion to consider similar question in national insurance company ltd., chandigarh v. nicolletta rohtagi and ors. : [2002]supp2scr456 .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-30-2006
Reported in : (2007)207CTR(All)146
..... valuing the closing stock and instead applied the principle of cost price and market price whichever is lower. in the order dated 14th december, 1989 passed under section 254(2) of the act, the tribunal in paragraph 7 has held that the mistake pointed out by the assessee is partly apparent from the record regarding valuation of free sugar in ..... at cost price or market price, whichever is lower. the tribunal has no power to review its earlier order in the garb of exercising the powers under section 254(2) of the act. he, thus, submitted that the order dated 14.12.1989 is wholly without jurisdiction. in support of his aforesaid plea, he has relied upon the following ..... r.k. agrawal, j.1. the income tax appellate tribunal, allahabad has referred the following two questions of law under section 256(2) of the income tax act, 1961, hereinafter referred to as 'the act' for opinion to this court1. whether, in law and on facts of the case, the i.t.a.t. has not exceeded its jurisdiction by omitting .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-28-2006
Reported in : 2007(1)AWC282; [2007(112)FLR17]
..... be reserved 5% of vacancies at the stage of direct recruitment in favour of the physically handicapped, dependents of freedom fighters and ex-servicemen. subsection (2) of section 3 of u.p. act no. 4 of 1993 provided that the respective quota of the categories shall be such as the state government may from time to time determine by a notified ..... the dependents of freedom fighters so that the selected candidates may be given appointment and adjusted against their respective caste categories.18. according to the reading of section 3 of the u.p. act no. 4 of 1993 and also clause 6 of the government order dated 22.10.2001, it is clear that upon selection in the category of ..... categories would be reduced by one and the remaining posts in each of the two categories would be filled up accordingly.10. the scheme as envisaged under section 3 of the u.p. act no. 4 of 1993 clearly provides for the extent of reservation, the categories for which reservation is being made and the manner in which it is .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-22-2006
Reported in : 2007(2)AWC1267
..... comparative hardship also tilts in favour of the landlady. aggrieved by the order passed by the prescribed authority, the petitioner preferred an appeal as contemplated under section 22 of 'the act' before the appellate court, which has been registered as rent appeal no. 67 of 2004. before the appellate authority, the same arguments were advanced as ..... fide in the name of family members shown in the release application, who are not covered under the definition of the 'family' as contemplated under section 3(g) of 'the act'. learned counsel for the petitioner therefore submitted that the need of the landlady was not bona fide, what to say a pressing, thus the ..... in fact the tenant is covered by the aforesaid explanation and therefore the objection of the tenant cannot be considered while allowing the application under section 21(1)(a) of the act' filed by the landlady. the appellate authority, therefore, dismissed the appeal preferred by petitioner-tenant vide its order dated 17.9.2005, thus .....
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