Court : Allahabad
Decided on : Aug-13-2003
Reported in : 2004CriLJ1560
..... chairman of town area safipur in the year 1995 and remained as such up to the year 2000.4. it comes out from the pleadings that a criminal case under sections 302/307, i.p.c. was registered against the petitioner of an incident, which had taken place in the year 1977 and of which in sessions trial the petitioner was .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-21-2003
Reported in : [2005]140STC179(All)
..... 14. the supreme court in the case of collector of central excise v. parle exports (p.) ltd. [1989] 75 stc 105 ; 1989 uptc 173 a case under the central excise act, has held that the word 'food' has no definition of universal application and be varied from the statute to statute. in this very case supreme court has given various shades ..... the case of commissioner of sales tax v. s.b. brothers 1973 uptc 120, a question arose before the supreme court under the provisions of the u.p. sales tax act as to whether 'food colour' and 'essences' are taxable within the notification no. st-905/x dated march 31, 1956 under following two items :(1) dyes and colours and ..... . the rate of tax was changed from 5 per cent to 6 per cent.5. food or foodstuffs or product have not been defined under the u.p. sales tax act. food as defined in webster's encyclopaedic unabridged dictionary, 1989 edition at page 552 has the following meaning :'(1) any nourishing substance, i.e., eaten or otherwise taken into .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-2003
Reported in : [2006]143STC199(All)
..... 29, 1990 was dismissed by the deputy commissioner (appeals), sales tax, on the ground that the assessee has failed to comply with the provisions of sub-section (1-b)(a) of section 9 of the act. it was also held by the assessing authority as well as by first appellate authority that supreme court in the case of hindustan aluminium [1981] 48 stc ..... pronouncement by supreme court non-payment of tax at the rate applicable to unclassified goods will amount non-payment of admitted tax within the meaning of section 9(1-b) of the act. clause (a) to section 9(1-b) also says that the appellant is liable to pay tax admitted in the return filed by him or at any stage in any ..... counsel for the applicant that in the return the rate of tax was admitted in respect of aluminium coils at 2 per cent. in view of section 8(2-a) of the central sales tax act, 1956, filing or not filing of form c will not make any difference. he proceeded further and tried to place reliance upon a case of the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-26-2003
Reported in : [2004]51SCL272(All)
..... broadly speaking, two options are open to the financial corporation if an industrial concern has defaulted in repayment of the loan. it may proceed under section 29 or section 31 of the act which will invariably result in closure of the unit, or it may reschedule the loan or enter into a settlement on some favourable terms to the ..... entrepreneurs in setting up industries in that area. it may be carrying on a business which is of public utility and its closure may adversely affect a large cross section of people. in these types of cases, the financial corporation, having regard to the public interest involved, may, in its discretion, enter into a settlement so that ..... 3-2003, annexure 2 to the writ petition.2. heard learned counsel for the parties.3. the petitioner is a private limited company registered under the indian companies act and is having its factory at sikandra industrial area, agra. the petitioner took a loan from the respondent bank whose sanctioned limit is rs. 27 lacs as stated .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : 2005ACJ1739
..... the share of minor for the welfare and benefit of minors.15. registry is also directed to remit sum of rs. 25,000 deposited in this court under section 173 of the motor vehicles act as also lower court record forthwith to the concerned tribunal.16. in the result, f.a.f.o. no. 385 of 1987 stands allowed subject to above .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : (2004)1UPLBEC85
Vineet Saran, J.1. Vishwa Nath Rai, father of the petitioner, was Headmaster in Panchayat Junior High School, Mithaura Bazar, District Maharajganj, which was a recognised Government aided Junior High School. He died-in-harness on 20.4.1990. The petitioner applied under the Dying-in-Harness Rules, 1974 for appointment as an Assistant Clerk or Assistant Teacher on compassionate ground claiming that he was duly qualified for being so appointed. Several reminders were sent to the respondents and since no orders were passed by the respondents, the petitioner filed this writ petition praying for a writ of mandamus directing the respondents to give appointment to the petitioner.2. I have heard Sri Vashistha Tiwari, learned Counsel appearing for the petitioner as well as Sri R.C. Dwivedi, learned Counsel appearing for the respondent-School and learned Standing Counsel for the State-respondents.3. The contention of the learned Counsel for the petitioner is that even though the father of the pet...
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : 2003(4)AWC3055; (2004)IILLJ119All
..... the petitioner's suitability and we find her suitable to be appointed as regular lecturer, and we hold that she fulfils all the requirements of section 31 (3) (c) of the act.52. against the judgment in sangeeta srivastava's case, an s.l.p. was filed in the supreme court which was dismissed by the ..... mentioned that in dr. sangeeta srivastava's case (supra), the petitioner had prayed for regularization of service as lecturer in the university under section 31 (3) (c) of the u.p. state universities act, but the executive council of the university rejected the petitioner's claim stating that the petitioner did not fulfil the essential qualifications under ..... section 31 (3) (c). the court held that the petitioner fulfilled all the qualifications under section 31 (3) (c) except that there was no finding .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-04-2003
Reported in : 2003(4)AWC3187
..... is alleged that the rules framed by the excise commissioner conferring power upon himself to sanction new shops to be opened is without jurisdiction and in violation of section 40 of the act. 9. the respondents have filed a counter-affidavit and we have perused the same. in paragraph 3 of the same it is stated that a bare ..... compounded. the petitioner was manipulating the records and his sale was much higher than the minimum guaranteed quantity. 11. it is stated that as per section 24b of the u.p. excise act and several decisions of the supreme court the petitioner has no fundamental right to trade in intoxicants and the state government has exclusive right or privilege ..... and unjustified vide annexure-4 to the writ petition. against the order of the excise commissioner dated 23.6.2003 rameshwar dayal filed representation under section 11 of the u.p. excise act before the state government which is pending but no stay order has been passed. 7. in paragraph 23 of the writ petition it is alleged .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-05-2003
Reported in : 2003(4)AWC3222
..... an unregistered trade mark, sub-section (2) of section 27 provides that the act shall not be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in ..... answer to the question whether the sound of one word resembles too nearly the sound of another so as to bring the former within the limits of section 12 of the trade marks act, 1938, must nearly always depend on first impression, for obviously a per.....is familiar with the words will neither be deceived nor confused. it is the ..... in respect of which trademark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by the act. in the case of an unregistered trade mark, section 27(1) provides that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-09-2003
Reported in : 2003(4)AWC3205; (2003)3UPLBEC2582
..... , satya prakash aged 7 years and km. puja aged five years holding the survivors to be the heirs of the deceased kishun lal under section 3/2 of the indian succession act, 1925 regarding the estate of propositus kishun lal. it is in this perspective that the case of the petitioner has to be taken into ..... the petitioner had predeceased the grandfather.8. reverting to the rules, 1975, it is noticeable that the rules were framed in exercise of powers under section 79(c) of the electricity act, 1948. in framing scheme for compassionate appointment, the underlying policy and object does appear to me to enable the family of the deceased employee to ..... that they shall include. in the case under reference, the factory was seasonal factory within the meaning of section 1(4) of the employees' state insurance act, 1948 which was excluded from the operation of the act.6. subsequently amending act 44 of 1966 came into force and definition of seasonal factory was amended. after the amendment, the employees .....
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