Court : Allahabad
Decided on : Nov-25-2003
Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
..... issued, the amount of fee to be paid for certificate of registration and the manner of suspension or cancellation of certificate of registration under section 12.' section 11a of the act states :--'board to regulate or prohibit issue of prospectus, of a document or advertisement soliciting money for issue of securities.--(1) without prejudice ..... for regulating entities which float such schemes. the central government decided to treat such schemes as collective investment schemes falling within the purview of section 11(2)(c) of the sebi act.section 11(2)(c) states :'(2) without prejudice to the generality of the forgoing provisions, the measures referred to therein may provide for ..... 30 days.regulation 13 places certain restrictions on the collective investment management company, and regulation 14 mentions the obligations of such a company.under section 20 of the act an appeal lies against the decision of the board.we fail to see how any of these regulations can be called retrospective.64. .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-2003
Reported in : 2004(1)AWC595; (2004)1UPLBEC404
..... petition. the aforesaid report contains detailed facts with regard to petitioner. the fact that the petitioner has been acquitted in both the criminal cases lodged under sections 380 and 409, i.p.c. was also noted. it was also noted in the letter that the petitioner has submitted a written application on 12 ..... appointment. submission is that the fresh appointment has been made on consideration of all relevant facts and by sympathetically considering the request of the petitioner, government acted on the representation of the petitioner that he will accept the decision of the government regarding past services as well as regarding joining with current date. ..... earlier services. in view of peculiar facts of the case and specially when the authorities were themselves considering the representation of the petitioner and have positively acted on the representation, the petitioner cannot be held to be precluded from filing this writ petition after the letter dated 21.1.1992. the question whether .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-2003
Reported in : 2004(2)AWC1047
..... year 1999 known as u.p. avas evam vikas parishad assistant director (horticulture) service regulations, 1999 (hereinafter to be referred as 'regulation') which were framed under section 95 of the u. p. avas evam vikas parishad, act, 1965. regulation 7 (3) prescribes the eligibility criteria which is as follows :(1) graduate degree from any recognised university.(2) ten years continuous service in .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-2003
Reported in : 2004(1)AWC5
..... section 3 (a) of the act. even though the supreme court in air 1995 sc 676 and air 20o1 sc 2251. has held that after the death of the tenant all ..... suit.2. in the plaint no date of construction has been given hence from bare reading of the plaint, it is not clear whether u. p. act no. 13 of 1972 applied to the shop in dispute on the date of filing of the suit or not. in the plaint it has not been ..... their tenancy.3. under the general law after the death of the tenant all his heirs inherit the tenancy. even under u. p.act no. 13 of 1972, in case of non-residential building all the heirs of the tenant inherit the tenancy by virtue of definition of tenant given under ..... s.u. khan, j. 1. this revision under section 25, p.s.c.c. act, has been filed by gauri shankar gupta, whose impleadment application in s.c.c. suit no. 42 of 2001 has been rejected by additional .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-03-2003
Reported in : [2006]146STC108(All)
..... also been annexed. on the basis of the aforesaid material, it has been argued that the initiation of proceeding under section 21 of the act was justified. relevant part of section 21 of the act is as follows:section 21. assessment of tax on the turnover not assessed during the year.--(1) if the assessing authority has reason to believe ..... turnover has escaped assessment.9. in the case of commissioner of sales tax v. tata engineering & locomotive co. reported in 1980 uptc 588, a notice under section 21 of the act was issued on march 25, 1976. learned standing counsel relied upon letter dated march 27, 1976 which referred to the telephonic talks and mentions 'kuch din ..... applying mind came to the conclusion that the turnover of the assessee has escaped assessment'. the court further held that it is settled that proceedings under section 21 of the act could be reopened on material on record. in the absence of any material or anything to show that the information was conveyed between 19th march .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-08-2003
Reported in : 2004(1)AWC233
..... is taken, it can disrupt the entire scheme for which the acquisition is being done. abadi land is also land within the meaning of the definition in section 3(a) of the land acquisition act, and hence it can be acquired.4. the petitioner has filed a supplementary affidavit. annexure-sa-2 is the letter of the under secretary of the state ..... the plot. this point has also been dealt with in manveer singh's case (supra). it was held therein that the definition of the word 'land' in section 3(a) of the land acquisition act includes buildings by a legal fiction vide chaturbhuj pandey v. collector. air 1969 sc 255 (paras 8 and 9) ; s.p. gupta v. state of u. p ..... land is sought to be acquired for a public purpose, namely, for the planned industrial development in district gautam budh nagar through greater noida. the provisions of section 17(1) of the land acquisition act have also been applied.2. a division bench of this court in manveer singh and anr. v. state of u.p. and ors., 2003 (1) awc 116 .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-10-2003
Reported in : (2008)11VST742(All)
..... said notification reads as follows:in exercise of the powers under clause (b) of section 4 of the uttar pradesh sales tax act, 1948 (u.p. act no. xv of 1948), read with section 21 of the uttar pradesh general clauses act, 1904 (u.p. act no. 1 of 1904), and in supersession of all previous notifications issued under the aforesaid ..... order-79 dated june 30, 1979.in exercise of the powers under clause (b) of section 4 of the u.p. sales tax act, 1948 (u.p. act no. xv of 1948), read with section 21 of the u.p. general clauses act, 1904 (u.p. act no. 1 of 1904), the governor is pleased,-(1) to rescind, with effect from ..... sale or purchase of the goods mentioned in column 2 of the schedule hereunder by the persons or the class of persons mentioned therein, from tax under the said act of 1948, subject to the conditions, if any, specified in column 3 thereof. schedule---------------------------------------------------------------------------------1. ...2. ...3. institutions in u.p. certified by theall .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-10-2003
Reported in : (2004)IIILLJ324All; (2004)2UPLBEC1577
..... any commission, and rs. 9,000 per annum in the aggregate in the case of persons drawing wages including commission, or commission only.'clause (d) of section 2 of the act, 1976, was amended as under :'sales promotion employee' means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire ..... it is the pre-dominant nature of the services that will be the true and proper test .......... when, as in this case, as disclosed from section 15 of the act as also the provisions of the scheme, the primary duties of an employee and the dominant purpose, aim and object of employment was to carry out only ..... covered by any of the four exceptions of the definition. the court was considering : whether the medical representatives were workmen within the definition as provided under section 2(s) of the central act. the court placed reliance upon large number of its judgments, including western india match co. ltd. v. their workmen, air 1964 sc 472 ; may .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-10-2003
Reported in : 2004CriLJ2672
..... -- pure or simple. some kinds of order may fall in between the two. by a rule of harmonious construction, we think that the bar in sub-section (2) of section 397 is not meant to be attracted to such kinds of intermediate orders. they may not be final orders for the purposes of article 134 of the constitution, ..... sessions judge appears to have rightly allowed the revision against the order dated 20/22-7-1995 passed by the sub divisional magistrate concerned. the emergency provisions of section 146 of the code were definitely not worth invoking. there was absolutely no material available before the magistrate on 20/22-7-1995 to record his satisfaction about ..... yet it would not be correct to characterize them as merely interlocutory orders within the meaning of section 397(2).. ... .... yet for the reasons already alluded to. we feel no difficulty in coming to the conclusion, after due consideration, that an order rejecting the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : (2004)2UPLBEC1743
..... of deployment of petitioner's father on 20.7.1998 and final report was submitted on 16.2.1999 indicating that the allegations in respect of sections 420/467/468/471 ipc are not proved against the petitioner. however, final report was admitted by the judicial magistrate, jhansi ex parte on non ..... criteria, deficiency in qualification, admission to a course or benefits/gains in any form procured by foul means, non-observance of other provisions or requirements of relevant act, rules, regulations, bye-laws, norms, government orders, official memorandum, legal established pattern, (as some examples out of many more variety of defects) then selected ..... or at subsequent stage that illegalities, irregularities, improprieties, procedural infirmities and deficiencies and defects have occurred, forgery or foul-play adopted or non-observance of act, rules, norms were made in process then the beneficiary candidate, who has become output and product of such defective and bad selection or outcome of .....
Tag this Judgment!