Court : Allahabad
Decided on : Mar-22-1973
Reported in : 1973CriLJ1344
..... during the period. since his case does not fall under article 5 of the constitution he is not a citizen of india and is a foreigner. section 3 of the foreigners act gives wide powers to the central government for prohibiting, regulating or res- tricting the enter of foreigners into india or their departure therefrom or their ..... the term 'foreigner' has not been defined in the order. it will therefore, have the same meaning as assigned to it under the foreigners act, 1946- according to section 2(a) of the foreigners act 'foreigner' means a person who 'is not a citizen of india.'11. article 5 of the constitution defines citizenship at the commencement of the ..... not applicable to him and hence his detention is illegal.5. the foreigners (internment) order. 1962 was framed in exercise of the powers conferred by sections 3, 4 and 8 of the foreigners, act. 1946 (31 of 1946) read with the foreigners law (application and amendment) ordinance, 1962.6. in order to examine the contentions raised on .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-15-1973
Reported in : AIR1974All102
..... begam v. syed hasan atr 1944 oudh 250 it was held that failure to sue within the period of three years under article 47 of the limitation act after an order under section 145, criminal procedure code does not necessarily bar a subsequent suit. the onus lies on those who plead the bar to show that the necessary conditions are satisfied. ..... for joint possession or partition by a co-sharer inasmuch as on the facts of the present case we find it unnecessary to do so.3. under section 28 of the limitation act the right of a person to claim possession is extinguished if another person takes possession to the exclusion of the rightful owner in assertion of his own ..... profits even after the said order and we are, therefore, of the opinion that the claim of the appellants was not barred by article 47 read with section 28 of the indian limitation act. the consolidation authorities have committed a manifest error of law in taking a contrary view.7. in the result, the appeal is allowed, the judgment of .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-14-1973
Reported in : AIR1974All133
..... may still be improper for an advocate.'the bar council did not make any rule prescribing the dress. that was left to the high court. acting under section 34(1) of the advocates act the high court framed rules of which rule 12, which is relevant for the case, is to the following effect:'12. advocate, appearing before ..... a court. ..... (c) the standards of professional conduct and etiquette to be observed by advocates; .....7. the bar council of india framed rules under section 49 of the act. rule 5 of the rules provides:--'an advocate shall appear in court at all times only in the prescribed dress, andhis appearance thall always be presentable.'the ..... dress can be a relevant factor. consequently, the high court was competent to frame rule 12 prescribing advocates' dress in exercise of the power under section 34(1) of the advocates act. the words 'laying down the conditions subject to which an advocate shall be permitted to practise' must be given a restricted meaning of permitting physical .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-14-1973
Reported in : [1973]32STC621(All)
..... the commissioner, the judge (revisions) has referred the following two questions for the opinion of this court :(1) whether, for the purposes of determining the liability of tax under section 3-d of the u.p. sales tax act, the definition of 'turnover' or the definition of 'turnover of purchases' shall apply ?(2) whether the turnover of sales of foodgrains determined under ..... the turnover of purchases of foodgrains determined under section 3-d of the u.p. sales tax act shall be amalgamated for the purposes of determining the liability of tax ?4. section 3 is the charging section for the levy of sales tax, sub-section (1) whereof provides :(1) subject to the provisions of this act, every dealer shall, for each assessment year, pay a tax .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-1973
Reported in : AIR1973All579
..... that he recommended for the appointment of an authorized controller, as in his opinion serious irregularities existed in the institution which could lead to a serious and explosive situation and that the explanation of the managing committee appeared to be baseless. there is not a single word in his recommendation which may show that in ..... accepted, as is contemplated by section 16-d (4) (5a) of the act.3. on behalf of the respondents it is contended that before making his recommendation to the state government, the director of education served a ..... director of education afforded an opportunity to the petitioner to have its say in the matter before making a recommendation to the state government under section 16-d (3) of the act, nor did the state government give an opportunity to the petitioner to explain why the recommendation made by the director of education be not .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-1973
Reported in : AIR1974All48
..... award. order 23, rule 3, civil p. c. does not contemplate an 'award' in the terminology of 'agreement orcompromise'. it is for this reason that proviso to section 47 of the arbitration act was enacted. similar was the view taken by a full bench of this court in the case of moradhwaj v. bhudar das : air1955all353 . it was observed: 'the words ..... treating it as a compromise or adjustment, but that too cannot be done unless both the parties consent thereto. this requirement about consent is embodied in the proviso to section 47 of the arbitration act. the agreement mentioned in application no. 20-c could not amount to the consent to the award within the meaning of the proviso to ..... be a compromise within the meaning of either order 23, rule 3, civil p. c. or the proviso to section 47 of the arbitration act. none of the cases cited by the learned counsel dealt with the proviso to section 47 of the arbitration act or its effect on the provisions of order 23, rule 3, civil p. c. it is not necessary, .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-1973
Reported in : [1974]33STC108(All)
..... assessed at rs. 4,09,82,067.40 by an assessment order dated 21st february, 1970. thereafter, the petitioner received a notice dated 22nd march, 1971, under section 21 of the act for the aforesaid assessment year. after several hearings the sales tax officer framed a supplementary assessment estimating the escaped turnover at rs. 6 lacs and levying an additional tax ..... has been laid down by this court in laxmi oil mills, varanasi v. commissioner of sales tax 1972 u.p.t.c. 363,4. that apart an assessment under section 21 must be based upon some material and cannot be arbitrary or capricious depending upon the ipse dixit of the sales tax officer. the estimate of the escaped turnover at ..... from a perusal of the impugned assessment order it is manifest that the sales tax officer did not seem to have a precise idea of the scope and ambit of section 21. that provision comes into play only if the assessing authority has reason to believe that the whole or a part of the turnover of a dealer has, for .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-20-1973
Reported in : AIR1973All552
..... that normally courts are loath to interfere with orders condoning delay. this, however, is not a rule inflexible and in appropriate cases even an order under section 5, limitation act can be interfered with under article 226 of the constitution. this objection must, therefore, be overruled. as there was considerable controversy as to whether the ..... duty of sending notices, even if it be assumed that a notice was necessary to the state government, was upon the assistant consolidation officer under section 9 of the act. the consolidation officer has to decide such cases as cannot by conciliation or settlement be decided before the assistant consolidation officer. it is no part ..... and notices in c. h. form 5 were also issued showing them as tenure-holders. no objections were filed within the time prescribed under section 9 (2) of the act-subsequently, an objection was filed on 10-2-1970. by the additional collector shahjahanpur, stating therein that the land had been declared as surplus .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-20-1973
Reported in : AIR1973All555
..... relief of temporary injunction claimed by the plaintiff, which has given rise to this revision, was also confined, as already mentioned, to the tubewell.5. section 16 of the code of civil procedure reads as under:'suits to be instituted where subject-matter situate-- subject to the pecuniary or other limitations prescribed by ..... matter and not a matter essential for the grant of relief and accordingly section 16(d) will not be attracted. the contention is not correct. section 38 of the specific relief act speaks about the grant of perpetual injunctions. sub-section fiii) of section 38 says that when the defendant invades or threatens to invade the plaintiff' ..... s right to or enjoyment of the property the court may grant a perpetual injunction in the circumstances detailed in the section. thus .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-19-1973
Reported in : [1973]31STC625(All)
..... hence this reference.3. the relevant notification is st-3124/x-1012(4) dated 1st july, 1966. it is a notification under section 3-a of the act and prescribes a rate of 6 per cent. on the turnover of 'paper other than hand-made paper'. the contention put forth ..... their turnover was liable to tax at the general rate of 2 per cent., as prescribed by the charging section 3 of the u.p. sales tax act (hereinafter referred to as the act). the sales tax officer, on the other hand, obviously relying upon a notification dated 1st july, 1966, ..... 'food colours' and 'syrup essences' which are descriptive of the class of goods the sales of which are to be taxed under the act have to be construed in the sense in which they are popularly understood by those who deal in them and who purchase and use them. ..... r.l. gulati, j.1. this is a reference under section 11(1) of the u.p. sales tax act. the additional judge (revisions), sales tax, lucknow, at the instance of the assessee, has referred the following question .....
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