Court : Allahabad
Decided on : Jul-13-2006
Reported in : 2006(4)AWC3760
..... . a perusal of the adoption deed which was registered for acknowledging the adoption of 1996 indicates that all the ingredients of sections 6, 11 and 16 of the hindu adoption and maintenance act were present to support the factum of adoption. on the other hand, no such infirmity has been pointed out in the impugned order, which may otherwise indicate that an ..... court to demonstrate that the petitioner has succeeded as the adopted son of late rajendra pandey. the petitioner accordingly applied and was issued a succession certificate under the indian succession act from the civil court, deoria. after submission of the entire documents, the superintending engineer on 14.7.2004 issued a letter of appointment to the petitioner appointing him on compassionate .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : (2009)222CTR(All)153; [2009]179TAXMAN73(All)
..... ) any person to whom a summons under sub-section (1) of section 37 of the indian it act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian it act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be ..... belong to such person.42. strengthening the aforesaid plea, learned counsel has gone to the extent of saying that in fact under the existing provisions of the it act, namely, section 132, no search could be made so far as bank accounts are concerned where it is said that money of the person, who is being searched, ..... relying upon the dictum of the pooran mai v. director of inspection : [1974]93itr505(sc) for establishing the legality of the search conducted under the ndps act in violation of section 50 was the subject-matter of consideration, which interpretation in no way assists or strengthens the plea of the petitioners.26. the aforesaid circular dt. 7th .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : 2007(1)AWC440
..... . p. sunni central waqf board, received by sri harsh dev gupta on 15.12.1992. the appeal was filed on 22.12.1992 under section 57a read with section 49b (4) of the act. under sections 49b (4) and 57a, an appeal lies before the district judge against the requisition order/notice issued by the collector. it has been held ..... learned counsel for the petitioner and sri narendra mohan, learned counsel for the respondent no. 3.8. learned counsel for the petitioner submitted that under section 49b (4) read with section 57a of the act, appeal was maintainable only against the notice/requisition issued by the collector and no appeal was maintainable against the order of the controller, u. p. ..... order, without jurisdiction nor had been obtained by fraud or misrepresentation and there is no illegality in the order. it has been further held that under section 112(3) of the waqf act, 1995, it did not make any effect of the operation of previous law and hence, the appeal filed in 1992, cannot be said to be .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : [2006(110)FLR1043]
..... was not able to produce the record showing the nature of the work done by the respondent no. 3 to establish the work done by him.10. section 2(s) of the act reads as follows:'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or ..... has also been got encashed. it was submitted that since his appointment was as cutting supervisor, therefore, he was not workman within the definition of section 2(s) of the act, in as much as it falls under the exclusion clause. presiding officer on a consideration of the entire facts held that merely his designation was shown ..... the finding after appreciating the evidences on record that the respondent no. 3 was the workmen and his service was retrenched without following the procedure provided under section 6n of the act. finding of the tribunal is the finding of fact and may not be interfered by this court. learned counsel for the respondent no. 3 relied upon .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : 2006CriLJ4288
..... in the said hospital. the chief medical officer was also directed to register a criminal case against the appellant om sharma under the medical council of india act, 1956 and under section 420 and other provisions of i.p.c.5. learned counsel for the appellant has argued that no such order could be passed by the hon'ble ..... the hon'ble single judge, the counsel argued, could only punish the appellant for contempt in the manner provided under the contempt of courts act. punishment, he urged, is provided by section 12 of the act.6. we have carefully considered the matter. the sum and substance of the impugned order of the hon'ble single judge sought to be quashed ..... flawed. the appellant cannot be heard with the aid of hyper-technicality that as he has not been punished as per section 12 of the contempt of courts act, the appeal is maintainable under section 19 of the said act. this court the highest justice dispensation apparatus in the state could not ignore or look the other way when in a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Decided on : Jul-17-2006
Reported in : (2007)109ITD215(All.)
..... banking business is limited to keeping deposits and lending the same to the borrowers. it is only a common sense presumption but not the legal one.in section 5(b) of banking regulation act, banking is also defined as under: banking means accepting, for the purpose of lending or investment of deposits of money from the public repayable on ..... ,566/- shown in the para 4.0 of his order) earned on deposits with u.p. co-operative bank and other banks is covered under section 80p(2)(i) of i.t. act, 1961 relying on the decisions given by hon'ble supreme court in the cases of cit v. karnataka state cooperative apex bank 251 itr 194 and ..... received by the assessee, a cooperative society carrying on banking business, were business income of the assessee, and the assessee was entitled to deduction under section 80p(2)(a)(i) of the' income tax act, 1961, in respect thereof. cit v. karnataka state cooperative apex bank and mehsana district central cooperative bank ltd. v. ito followed. held also that .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-18-2006
Reported in : 2006(4)AWC4141
..... could be entered into between the parties as contemplated under the c.p.c. at any stage in proceedings arising out of section 9a(2) section 11/section 12/section 21/section 48 of the u.p. consolidation of holdings act, secondly, whether title of the parties in the land which is creation of a statute could be determined on the basis of ..... of the field to field partal shall be published in the village. any objection to that shall be filed on publication of record under section 9 of the u.p. consolidation of holdings act before assistant consolidation officer disputing the correctness and nature of the entries in the record or in the extract furnished therefrom or in the ..... any title in law.9. before delving into this question, i feel called to advert to certain provisions of u.p. consolidation of holdings act. section 3(4c) of the u.p. consolidation of holdings act defines land, same is being reproduced as under:3(4c) 'holding' means a parcel or parcels of land held under one tenure by .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-21-2006
Reported in : 2007(1)AWC186
..... whether this court jurisdiction to try this suit?(6) whether the suit is barred by order 21 rule 103 cpc?(7) whether the suit is barred by section 42 of specific relief act?(8) what the correct amount of damages, if any recoverable from the defendant?(9) whether the defendant acquires bhumidhari rights in the grove in suit on enforcement ..... ors. : air1968all363 , sitar das v. sant ram and ors. : air1954sc606 and hira lal v. ram prasad and ors air (36) 1949 677 which have interpreted section 65(c) of the evidence act that unless it is proved that the original is destroyed or lost, the secondary evidence shall not be given.24. in the present case both the parties had ..... the court has no jurisdiction to try the suit, which is also barred by time and is overvalued. she also pleaded that the suit was barred by section 42 of the specific relief act and order 21 rule 103 cpc. the damages claimed arc highly excessive. she alleged to be in continuous possession since 1924. the grant was never resumed .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-21-2006
Reported in : 2007(1)AWC374
..... the u.p. public service tribunal, lucknow, holding that the officer who had passed certain orders under the u.p. consolidation of holdings act was entitled for protection under section 49a of the act, since the orders were passed in judicial capacity and, therefore, it is submitted that the statutory orders passed by the petitioner could not be ..... ignoring the fact that the approval granted by the petitioner while working as tehsildar was in exercise of his statutory powers under sections 195 and 197 of the u.p.z.a and l.r. act. he further submitted that the action of the petitioner being statutory exercise of power and if there was any illegality or ..... exercise of power as tehsildar. if an authority exercises quasi-judicial or otherwise statutory power, it does not mean that a departmental enquiry in respect to the acts or omission in passing such orders, cannot be conducted against such person. in the departmental enquiry the validity of the order of such authority itself is not .....
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 .....
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