Court : Allahabad
Decided on : May-26-2006
Reported in : 2006(3)AWC2596
..... commander in indian air force and thus are the soldiers within the meaning of the phrase comprised in section 21(1) explanation (iii) of u.p. act no. xiii of 1972 (for short 'the act'). an application under section 21(1)(2) of the act was filed by them for release of the disputed accommodation which is in the tenancy of the petitioners. ..... , the words 'indian soldier' has been defined as any person subject to the army act, 1950 or the indian air force act, 1950. under section 2(1)(a) of the army act as well as 2 (a) of the air force act, all the officers, junior commissioned officers and warrant officers of the indian army and officers and warrant officers of the ..... indian air force are subject to the said two acts respectively.11. it is undisputed that .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-23-2006
Reported in : 2007(1)AWC736
..... without the certificate of registration. it has been further provided that the registration marks shall be displayed in the manner prescribed by the act and rules. for convenience section 39 of the act is reproduced as under:39. necessity for registration. -no person shall drive any motor vehicle and no owner of a motor vehicle ..... 1999, every motor vehicle (including a construction equipment vehicle) manufactured shall be fitted with an electric horn or other devices conforming to the requirement of is : 1884-1992, specified by the bureau of indian standards) for use by the driver of the vehicle and capable of giving audible and sufficient warning of the approach or ..... hereinabove. such boards, plates or plaques should be removed immediately while plying on road and should be treated as offence under the act calling for punishment under section 177 of the central act and other provisions.(6) in case, any dealer of the motor vehicle deliver vehicle in violation of rule 42 then it shall .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Decided on : Jun-26-2006
Reported in : (2008)110ITD391(All.)
..... a.y. 2002-03 should have been considered by the a.o. as undisclosed income for the block period. the cit took recourse to the provisions of section (sic) substituted by the finance act, 2002 with retrospective effect from 1.7.1995 according to which no reduction on account of income disclosed in the return from a.y. 2002-03, ..... (1)(ca) for the proposed action. the said section 158bb(1)(ca) reads as under: 158bb(1). the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period computed, in accordance with the provisions of this act, on the basis of evidence found as a result ..... income. in cit v. rewa shankar a. kothari (supra) it was held that the tribunal is well within its jurisdiction to examine whether cit has rightly exercised jurisdiction under section 263. in cit v. mehrotra bros, (supra), it was held that where assessee has furnished all the information and a.o. considered them in the order of assessment, .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-03-2006
Reported in : 2006(4)AWC4208
..... is not provided under the statute. in the said case, under the garb of getting the representation decided, the party wanted the authority under the u.p. motor vehicles taxation act, 1997 to review its assessment.24. in this connection reference may also be made to the decision of the supreme court in a.p.s.r.t.c. and ors .....
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 : Jul-05-2006
Reported in : 2007CriLJ170
..... law laid down by the hon'ble supreme court in this case, the provisions of the code have been amended by code of criminal procedure (amendment) act, 2005 by which section 50a has been inserted. it requires the police to give information about the arrest of the person as well as the place where he is being held ..... legislatures so desire, the provision of anticipatory bail could be denied in grave cases of murder, dacoity, rape, abduction or prevention of corruption act, ndps act etc. well defined parameters for exercise of powers under section 438 cr.p.c. have been laid down in various decisions of the apex court which are described in the d.b. order in ..... cases of financial and other scams or where accused are absconding, not co-operating or they are needed for custodial interrogation, effecting recoveries under section 27 of the evidence act or for obtaining their hand writings, or thumb marks or they have to be put up for identification. the interim orders staying arrests having been .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2006
Reported in : [2006(111)FLR237]
..... for promotion against group 'a' and 'b' posts for physically handicapped persons, can the respondents be permitted to bypass the provisions of 1995 act. section 32 of 1995 act obligates appropriate government in positive term to identify post in the establishment, which can be reserved for persons with disability and thereafter at periodical intervals ..... circular dated 16.01.1998 it is not open to the respondents to plead that they required circular and direction from the central government. section 33 of 1995 act provided for 3% reservation in the posts identified and promotional posts of assistant manager, administrative officer and assistant administrative officer are identified posts ..... asia and pacific held at beijing on 1st to 5th december, 1992 and pursuant to the same, act in question has been enforced. section 32 of the act in chapter vi provides for employment. the said section being relevant is being quoted below:32. identification of posts which can be reserved for persons with .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2006
Reported in : 2006(4)AWC3765
..... judgment:11. in view of the submissions made by the learned counsel for the parties, the first question that requires consideration is whether the act applies to the primary section also or not. section 2(b) of the act, as amended by the ordinance which came into force on 7th july, 1975, defines the term 'institution' as follows: 'institution' means ..... in mahanand singh and ors. v. state of u.p. and ors. 1978 alj 1042, a division bench of this court held that the act was inapplicable to junior high school section of a high school as it did not contain any provision regulating the administration or teaching of students of junior high school standard. in making this ..... relying upon the decision of their lordships of the supreme court in km. prem lata mishra's case (supra), the learned single judge held that the act was not applicable to the primary section. in the said case, the order of termination of service had been passed in the year 1970, that is, before the definition of 'institution' was .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2006
Reported in : AIR2007All13; 2006(4)AWC3786
..... that as a home or abode. it must be held that the minors ordinarily resided only at komarapalayam and not at kote village. the proceedings under section 25 of the act initiated by the respondent where thus properly laid before the district court at salem.11. in the case of konduparthi venkateswarlu and ors. v. ramavarapu viroja ..... where he last resided, or even where he happens to be at the time the proceedings are initiated. such consideration cannot be applied with reference to section 9(1) of the act. on a consideration of the evidence, it has already been found that the settled home of the first appellant and the minors is only komarapalayam, where ..... nagar holding that court at kanpur nagar has authority and jurisdiction to deal with the application moved on behalf of the respondent smt. rashmi harry under section 25 of guardians & wards act, 1890.2. brief facts giving rise to the instant writ petition in brief is that petitioner and respondent no. 2 were married as per christian rites .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-12-2006
Reported in : 2006(4)AWC3655; [2006(111)FLR33]
..... than 240 days continuously.11. in my opinion, presiding officer has wrongly held that the petitioner fall within the definition of 'industry' under section 2-k of the act. section 2-k of the act reads as follows:'industry' means any business, trade, undertaking, manufacture of calling of employers and includes any calling, service, employment handicraft, of ..... on daily wages. merely because she had worked for more than 240 days, she is not entitled to claim the benefit of section 6n of the act. in as much as section 6n of the act applies to those workman in any industry, who is properly appointed on sanctioned post.22. for the reasons stated above, writ petition ..... months; and (a) notice in the prescribed manner is served on the state government. 15. 'the word continuous service has been defined by section 2(g) of the act as follows:continuous service' means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorized leave or an accident .....
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