Court : Uttaranchal
Reported in : AIR2006Utr7
..... 1722 has defined the transfer of property as under:in this case we are not dealing with a deemed gift. therefore we need not consider the scope of section 4. before an act can be considered as a gift as defined, there must be a transfer of property by one person to another. 'person' is defined as including a hindu ..... -4-1995 and 21-6-1993 by which the petitioner was directed to pay deficit stamp duty.2. briefly stated notice was issued to the petitioner under section 47a of the stamp act, for realisation of the deficit stamp duty on a trust deed executed in respect of a property situated at tilak marg, rishikesh and belonging to mahant ashok ..... . 400/-per sq. metre for the land and rs. 1500/-per sq. metre for the building is wholly illegal.4. the 'settlement' has been defined under section 2(24) of the indian stamp act, as under:(24) 'settlement'-- 'settlement' means any non-testamentary disposition in writing of movable or immovable property made--(a) in consideration of marriage;(b) for the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3101(UHC)
..... living with his father at the time of his death, vacancy cannot be declared. in this connection, my attention was drawn to the explanation 'b' sub-section (3) of section 12 of the u. p. act no. 13 of 1972. the said explanation reads as under :'(b) the expression any member of family in relation to a tenant shall not include a ..... 1972, respondent no. 2 has stated that the vacancy was rightly declared and the petitioner does not come within the definition of word 'tenant', as defined under section 3 (a) (1) of the said act.4. i heard learned counsel for the parties arid perused the record.5. before further discussion, it is necessary to mention here the definition of 'tenant' ..... contained in u. p. act no. 13 of 1972, which reads as under :'section 3 (a), 'tenant', in relation to a building, means a person by whom its rent is payable and on the tenant's death.(1) in .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005]142STC321(Uttra)
..... originally filed by the commissioner of sales tax, uttar pradesh, before the allahabad high court in the year 1992 and received by this court on transfer under section 35 of the u.p. reorganisation act, 2000, for its disposal.2. the revision is directed against the order dated february 1, 1992 passed by the sales tax tribunal, bareilly in second appeal nos ..... '. the item 'cottage pottery industry' is exempted under notification no. s.t.-ii-5025/x--6(12)-79--u.p. act xv/48--order 79 dated june 30, 1979 and notification no. st-ii-5395/x-902(60)/59-u.p. act no. xv--48--order-82 dated september 30, 1982.5. learned counsel for the revisionist argued that 'pottery' refers to .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2006)DMC714
..... the accused guilty of the offence under section 306, i.p.c.19. at the outset it need to be stated that for the purposes of ..... rightly convicted for offence punishable under section 498a, i.p.c. by the learned sessions judge. it need to be stated here that there being absolutely no evidence to establish that the deceased committed suicide within a period of seven years from the date of her marriage the presumption under section 113a of the evidence act would not be invoked to find ..... section 498a, i.p.c. 'cruelty' means:(a) any wilful conduct which is of such nature as is likely to drive the woman to commit suicide .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ1713
..... 62 : 1985 cri lj 516. the learned trial court has relied upon the observations of the apex court that while dealing with section 6 of the delhi special police establishment act, 1946 held that the said act does not apply when the court gives a direction to the cbi to conduct investigation and the learned counsel for the parties did ..... him. i am in complete agreement with the findings given by the kerala (karnataka) high court in this regard.6. a plain reading of section 6 of the delhi special police establishment act, 1946, reveals that the power to send the matter for investigation to the cbi is only vests in the high court and the hon'ble ..... the facts relating to this revision, in brief, are that respondent no. 2 lata gupta filed a complaint before the special judge under section 2/3 of the u.p. gangsters & anti-social activities (prevention) act against the revisionist, harish sehgal, harbans kapoor m.l.a., dehradun, vinod chamoli and surendra agrawal with the allegations that there is a .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2005(107)FLR337]; (2006)ILLJ325UC
..... sharm mantralaya jaisalmer house,mansingh road, new delhiseptember 8, 1994notificationno. s.o. in exercise of the powers conferred by sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (37 of 1970), the central government, after consultation with the central advisory contract labour board, hereby prohibits the ..... contract labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labour working in the establishment was ordered, (ii) where the contract was found to be ..... apex court has observed as under 2001-ii-llj-1087 at p. 1132:119. ... (5) on issuance of prohibition notification under section 10(1) of the clra act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to conditions of service .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ654
..... court has held that :--7. it is trite to say that the substantive evidence is the evidence of identification in court, apart from the clear provisions of section 9 of the evidence act, the position in law is well settled by a catena of decisions of this court, the facts, which establish the identity of the accused persons, are ..... relevant under section 9 of the evidence act as a general rule, the substantive evidence of a witness is the statement made in court. the evidence of mere identification of the accused person at the ..... agency to hold, or confers a right upon the accused to claim a test identification parade. they do not constitute substantive evidence and these parades are essentially governed by section 162 cr. p. c. failure to hold a test identification in court. the weight to be attached to such identification should be a matter for the courts of .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr85; 2006(1)AWC722
..... at the rate of rs. 30/- per month. lastly, it is pleaded that the suit is barred by provisions of u.p. act 13 of 1972 and also that the notice served under section 106 of transfer of property act, 1882, is illegal. during pendency of suit, sri bhagwat prasad died and his legal representatives were substituted.4. learned trial court, ..... are erroneous in law or not is being dealt ahead).8. answer of substantial question no, 2.definition of word 'building' is given in section 3(i) of u.p. urban buildings (regulation of letting, rent and eviction) act, 1972 which reads as under :--`(1) 'building' means a residential or non-residential roofed structure and includes -- (i) any land ( ..... 'paan' shop in the 'chabutara' is not 'building' as such, the suit is not barred by u.p. act 13 of 1972, aggrieved by said judgment and decree passed on 15-2-1984, the plaintiff preferred appeal under section 96 of the code of civil procedure, 1908 which was registered as civil appeal no. 22 of 1984. but after .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(1)AWC726(UHC)
..... 1972, in the year 1992, when the suit was filed by the respondent no. 3 for ejectment of defendant/petitioner after serving notice issued under section 106 of the transfer of properties act, 1882, and determining the lease. in other words, the lease could not have been determined in the manner done nor the simple suit for ..... central or state governments or local authority or public sector undertakings. the said definition still remains the same but clause (a) of sub-section (i) of section 2 has been amended by the u. p. act no. 17 of 1985, whereby word 'public building' has been substituted in said clause (a) and in its place expression 'any building ..... maintainable. they have further committed illegality in decreeing the suit and confirming it treating the tenancy determined by notice issued under section 106 of the transfer of property act, 1882 as the provisions of the u. p. act no. 13 of 1972 were applicable to the building.8. in view of the above discussion of law, both respondent .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3414(UHC)
..... on the basis of the will, a person can inherit movable and immovable property but not the tenancy. the word 'tenant' has been defined in clause (a) of section 3, of u. p. act 13 of 1972 which reads as under:'tenant', in relation to building, means a person by whom its rent is payable, and on the tenant's death or ..... made by legislature in section 2 of act no.' 13 of 1972, whereby the act was made inapplicable to the accommodation of which rent exceeds rs. 2,000 per month, the appellate court, vide its order dated 17.11.2000, ..... -2 to the petition), rejected the application of the petitioner holding that his need is not bona fide. aggrieved by said order, the petitioner filed an appeal under section 22 of u. p. act no. 13 of 1972, before the appellate court, which was registered as rent control appeal no. 4 of 1998. during the pendency of appeal, an amendment was .....
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