Court : Allahabad
Decided on : Jan-05-2006
Reported in : 2006(1)AWC992
..... which shall also be shortly noticed while noticing the judgment in some detail. it is, however, relevant to refer to some of the provisions of the 1920 act. section 3 of the act provided that first chancellor, pro-chancellor and vice chancellor shall be the persons appointed by notification of the governor general in council. the university was enacted as ..... in paragraph 23 of the azeez basha's judgment and is also clear from previous history of the establishment of the university. the other provisions of the act, namely, sections 3 and 4 were also taken into consideration in paragraph 6 of the judgment in azeez basha's case which provided that first chancellor, pro-vice-chancellor ..... basis of judgment in azeez basha's case so as to hold that aligarh muslim university is a minority institution and as to whether the amendment by 1981 act in sections 2(1) and 5(2)(c) are valid.98. learned counsels appearing for aligarh muslim university as well as union of india have referred to and relied .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-2006
Reported in : 2006(3)AWC2915
..... )a.c. 220, 223.37. this decision again is no authority to interpret the expression 'time being in force' as used in section 60, cantonment act.38. section 60. of the cantonment act provides that cantoment board may impose a 'tax' -(i) with previous sanction of the central government(ii) within its territorial limits(iii) ..... 17. before dealing with the merit of respective contentions of the parties, relevant statutory provisions referred during arguments are quoted herein under for convenience:the cantonment act. 1924.section 60, general power of taxation - (1) the board may, with the previous sanction of (central government), impose in any cantonment any tax which, ..... passengers in the territory of the board, was published in daily news paper for information of the concerned to file objections, if any, under section 61, cantonment act; the union through its secretary admittedly filed objections against draft proposal to levy toll tax on passengers-vehicles before the board (annexure 5 to the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2006
Reported in : 2006(3)AWC2775; [2006(108)FLR1041]; (2006)IILLJ651All
..... to him, he will get rs. 396,42 and less and nothing more than that.16. in the result, the order passed by the district judge under section 20 of the act is no doubt vitiated and is liable to be set aside.17. i quash the judgment of the district judge dated 10.3.87.18. the writ petition ..... ,''wages'' has accordingly been recast and made comprehensive and clear.9. aggrieved by the order passed by the proscribed authority, the respondent workmen then filed an appeal under section 20 of the act, in which, the appellate authority came to the conclusion that the petitioner had failed to comply with the notification because the. company came in the 'gha' category ..... this writ petition has been filed against a judgment dated 10.3.87 passed by the district judge in an appeal filed by the respondent workman under section 20 of the payment of wages act, 1936.3. the undisputed facts of the ease are that the respondent workmen were working with the petitioner belonging to skilled category, in the trade of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-2006
Reported in : 2006(3)AWC2668
..... and then there has to be a second order making appointment on the newly created post. this, in our opinion, is not contemplated by section 26f of the act. all that section 26f states is that the board can appoint such officers and servant, as it considers necessary for efficient performance of its functions. in the present ..... collected or recovered before such commencement may be collected or recovered in accordance with the relevant municipal law. it will be seen that by section 3 of the impugned act the legislature retrospectively imposed tax on building or land on the basis of capital value and if the tax was already imposed, levied and ..... krishi utpadan mandi centralized services regulations-1984 deals with the recruitment and other terms and conditions of the services of members of centralized service constituted under section 23-a of the act.11. the expression 'employee' has been defined under the definition clause of regulation 2(e) of u.p. krishi utpadan mandi parishad (officers and .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-2006
Reported in : AIR2006All259; 2006(3)AWC2823
..... all appear that the order of the district judge is of no significance to his client. it appears to be of quite some significance. under section 7 sub-section (4) of 1920 act trustees acting bona fide on the order of the district judge would render themselves immune to any action by anybody for all times in future. this certainly is ..... appearing in connection with the petition. (4) a trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty ..... .40. following the said judgment and the authorities quoted there, which are fully persuasive in our respectful opinion, we must opine that a decision under section 7 of the 1920 act is not to be given at all by the district court in matters which are seriously disputed or contested or which require difficult decisions on questions of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-2006
Reported in : [2006]148STC356(All)
..... the composition money on the ground that the brick kiln did not function as, according to the deputy commissioner, once an application has been submitted under section 7-d of the act exercising the option to pay the amount in lump sum, it cannot be withdrawn for any reason whatsoever. as the petitioner had failed to deposit the ..... other. the manufacture if they have availed of the procedure under rule 96zo(3) at their option, cannot claim the benefit of determination of production capacity under section 3a(4) of the act, which is specifically excluded.24. in the case of jalan castings (p) ltd. (supra), this court has held that where an assessee has himself asked ..... dealer notwithstanding the fact that the dealer has neither manufactured nor sold any bricks during the period for which it had opted for the composition under section 7-d of the act.34. the amount payable under the composition scheme is not relatable to any actual turnover but depends upon the agreement under the scheme at the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-01-2006
Reported in : AIR2006All166; 2006(3)AWC2147
..... not be maintainable. the legislative intent is crystal clear, cannot be the subject matter of revision under section 115, there is marked distinction in language of section 97(3) of the old amendment act and section 32(2)(i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before ..... jurisdiction not vested in it by law: or(b) failed to exercise of its jurisdiction so vested; or(c) acted in exercise of its jurisdiction illegally or with material irregularity.(2) a revision application under sub-section (1), when filed in the high court, shall contain a certificate on the first page of such application, below ..... function matter by the court, is not revisable under section 115 of c.p.c.6. the provisions of section 115 c.p.c. has been amended by code of civil procedure (amendment) act, 1999 and in that proviso it has been added substituting earlier one and this section for convenience is reproduced as below:revision.:- [(1)] .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-04-2006
Reported in : 2007(116)ECC53; 2007LC53(Allahabad)
..... excise. on 16.2.2001, two officers of directorate of revenue and intelligence came to the petitioners' house and served the summons upon the petitioners under section 108 of the customs act to appear before the d.r.i., new delhi on 16.2.2001 at 5.30 p.m. on which date, the petitioners appeared and the ..... was for his personal work and denied the allegation that he had gone there for facilitating the exportation of mis-declared goods. he was also prosecuted under section 135 of the customs act, but was discharged by the trial court on 25.11.2004. however, a revision petition no. 26 of 2005 filed by deputy commissioner (legal) customs ..... proceedings before the custom authorities against the opposite party no. 2 continued there. he was fined by the customs commissioner under section 114(1) of the customs act, 1962. he was also prosecuted under section 135 of the act and the trial is still pending after remand from the revisional court. the allegation against him as appear from the statement of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-03-2006
Reported in : 2006(1)AWC787
..... . as such, the lease was granted in favour of the petitioner before november 10, 1980. the specific contention of the petitioner is that under the aforesaid sub-section (6) of section 27, no notice for cancellation of the lease granted in favour of the petitioner could thus be issued after november 10, 1987. in the present case, the ..... -section may be made,-(a) in the case of any settlement made or lease ..... the admission stage itself.3. the impugned order has been passed under section 27(4) of the u.p. imposition of ceiling on land holdings act, 1960, which is subject to section 27(6) of the act, which reads as under:27(6). the commissioner acting of his own motion under sub-section (4) may issue notice and an application under that sub .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2006
Reported in : 2006(3)AWC2339
..... to him by the respondent: no. 2, prescribed authority/divisional forest officer (social forestry), etawah, under section 52a(4) of the act to show cause why the vehicle no. uar-9714 owned by the petitioner be not seized. the petitioner submitted his reply on 25.4.2003, in which it ..... truck no. ura 9714. the petitioner was not named in the first information report which was registered as forest crime no. 121/02-03 under sections 26/52 and 55 of indian forest act and rule 3/28 of the corresponding rules. since the truck in question was owned by the petitioner, a notice dated 26.3.2003 was issued ..... whereby the respondent no. 2, prescribed authority/divisional forest officer (social forestry), etawah, has seized the vehicle of the petitioner under section 52a of the indian forest act, 1927 (hereinafter referred to as the act) as amended by u.p. act no. 1 of 2001 with effect from 16.4.2001. the order dated 8.3.2004, whereby the appeal of the .....
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