Court : Allahabad
Decided on : Aug-22-2003
Reported in : [2006]143STC199(All)
..... 29, 1990 was dismissed by the deputy commissioner (appeals), sales tax, on the ground that the assessee has failed to comply with the provisions of sub-section (1-b)(a) of section 9 of the act. it was also held by the assessing authority as well as by first appellate authority that supreme court in the case of hindustan aluminium [1981] 48 stc ..... pronouncement by supreme court non-payment of tax at the rate applicable to unclassified goods will amount non-payment of admitted tax within the meaning of section 9(1-b) of the act. clause (a) to section 9(1-b) also says that the appellant is liable to pay tax admitted in the return filed by him or at any stage in any ..... counsel for the applicant that in the return the rate of tax was admitted in respect of aluminium coils at 2 per cent. in view of section 8(2-a) of the central sales tax act, 1956, filing or not filing of form c will not make any difference. he proceeded further and tried to place reliance upon a case of the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-21-2003
Reported in : [2005]140STC179(All)
..... 14. the supreme court in the case of collector of central excise v. parle exports (p.) ltd. [1989] 75 stc 105 ; 1989 uptc 173 a case under the central excise act, has held that the word 'food' has no definition of universal application and be varied from the statute to statute. in this very case supreme court has given various shades ..... the case of commissioner of sales tax v. s.b. brothers 1973 uptc 120, a question arose before the supreme court under the provisions of the u.p. sales tax act as to whether 'food colour' and 'essences' are taxable within the notification no. st-905/x dated march 31, 1956 under following two items :(1) dyes and colours and ..... . the rate of tax was changed from 5 per cent to 6 per cent.5. food or foodstuffs or product have not been defined under the u.p. sales tax act. food as defined in webster's encyclopaedic unabridged dictionary, 1989 edition at page 552 has the following meaning :'(1) any nourishing substance, i.e., eaten or otherwise taken into .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-13-2003
Reported in : 2004CriLJ1560
..... chairman of town area safipur in the year 1995 and remained as such up to the year 2000.4. it comes out from the pleadings that a criminal case under sections 302/307, i.p.c. was registered against the petitioner of an incident, which had taken place in the year 1977 and of which in sessions trial the petitioner was .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-2003
Reported in : (2004)IILLJ851All
..... exercise of its power of judicial review in the matter of departmental inquiry and penalty has held that the court is not entitled to determine that a particular act was a 'gravest act of misconduct' warranting dismissal. it was also held that it is for the disciplinary authority to pass appropriate punishment. the civil court cannot substitute its own ..... was not actuated by ulterior motives or by extraneous considerations.29. according to the respondent-bank the punishment of removal imposed upon the petitioner was commensurate with the act of misconduct levelled against him and found proved. the punishment imposed upon the petitioner in any view of the matter cannot be said to be of such a ..... ground alone would have weighed with the authority in punishing the public servant.26. in pyare lal sharma (supra) the supreme court has held that the alleged act must constitute misconduct and penal under the law prevailing at the time of its commission and the punishment cannot be inflicted if the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-2003
Reported in : (2003)3UPLBEC2785
..... exercise of its power of judicial review in the matter of departmental inquiry and penalty has held that the court is not entitled to determine that a particular act was a 'gravest act of misconduct' warranting dismissal it was also held that it is for the disciplinary authority to pass appropriate punishment. the civil court cannot substitute its own ..... was not actuated by ulterior motives or by extraneous considerations.29. according to the respondent-bank the punishment of removal imposed upon the petitioner was commensurate with the act of misconduct levelled against him and found proved. the punishment imposed upon the petitioner in any view of the matter cannot be said to be of such a ..... ground alone would have weighed with the authority in punishing the public servant.26. in pyare lal sharma (supra), the supreme court has held that the alleged act must constitute misconduct and penal under the law prevailing at the time of its commission and the punishment cannot be inflicted if the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : I(2004)ACC463; III(2004)ACC828; 2005ACJ982
..... the other motor vehicle the tanker had fallen on one of its side on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances the learned judges of the high court have rightly concluded that the ..... a result of overturning of petrol tanker, petrol contained in it leaked out and collected nearby. at about 7.15 a.m. about 4 1/2 hours of accident an explosion took place in the said petrol tanker, resulting in fire, causing death and injuries to few persons. the case on behalf of petrol tanker was that at the time ..... that the death was not caused by the tractor-trolley and was caused by the bus and, therefore, the appellant was not liable for compensation under the provisions of section 147 of the act. he contended that the tractor-trolley was standing and as a result of being dashed by the bus, the trolley turned and fell on the deceased, munir ahmad .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : 2003(4)AWC3356; (2003)3UPLBEC2415
..... the dismissal to the management with copy to petitioner. aggrieved, petitioner filed an appeal before the deputy director of education under sub-section 3 (c) of section 16 of the act. the appeal was decided on 27.7.1985. the deputy director of education found that although the charges are proved with regard to ..... of management considered the report and the recommendation of the inquiry officer, and after having considered the documents, dismissed petitioner under section 16g of the u. p. intermediate education act, 1921 (the act) read with regulation 32 (1), and forwarded the papers to district inspector of schools for approval. the district inspector of ..... such notice requiring him to appear before the committee. the district inspector of schools, instead of finding whether due procedure was complied with, proceeded to act as disciplinary authority and found that the charges are established and the punishment was approved. the deputy director of education proceeded to hear the appeal .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-08-2003
Reported in : 2003(4)AWC3246
..... the society was mutated in its name.3. on 28.1.1991 the state government under section 2 (d) read with section 3 of the u.p. industrial area development act, 1976, has notified the area mentioned in the schedule to the act as greater noida. true copy of the notification is annexure-1 to the petition. since the ..... its land but also paid 10% development charges, and some of its members had been allotted plots by greater noida. this memorandum of understanding has been actually acted upon, and greater noida cannot now be permitted to resile from it and back out of its solemn undertaking. the principles of promissory estoppel, legitimate expectation, and ..... provided for adjudication of purely contractual disputes. however, to the extent, challenge is made on the ground of violation of article 14 by alleging that the impugned act is arbitrary, unfair or unreasonable, the fact that the dispute also falls within the domain of contractual obligations would not relieve the state of its obligation to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-06-2003
Reported in : 2003(4)AWC3097
..... .s/d d. s. singhdivisional forest officer, obra forest division, d.o. obra, mirzapur.11. thereafter, an application for interim compensation was also made under section 29 of the act before the compensation officer, that was rejected by order dated 18.2.1983. the said order is annexure-7 to the writ petition. the petitioners challenged the said ..... he determined the compensation of khewat area of 61 villages only, vide order dated 6.2.1981 which is subject of appeals pending in this court, under section 50 of the act. the petitioners have challenged the quantum of compensation in the said appeals which are still pending before this hon'ble court. it is relevant to state ..... the record of rights. since no record of rights was maintained for paragana agori, it was pleaded by the father of petitioners that the notification issued under section 4 of the act did not apply to paragana agori in which 119 villages were situated.6. the writ petition was partly allowed, and the matter was taken up to .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-05-2003
Reported in : (2003)3UPLBEC2561
..... hussaini begam, ilr (1985) 17 alld. 573, even a person who has an agreement to sell in his favour prior to the notification under section 4 of the land acquisition act may be a person interested and claim compensation. the tenants by will, mortgagees, occupiers etc. may be persons interested depending on the facts and ..... petitioner could not be mutated in his favour because of the notification dated 27.2.1988 issued by the state government under section 4 of the land acquisition act, followed by the notification under section 6 dated 14.12.1989.26. against the cancellation order proceedings have also been filed before the monopolies and restrictive trade ..... does not arise as their land had not yet been acquired.'11. subsequently the state government by notification published on 27.2.1988 under section 4 of the land acquisition act, proposed to acquire the land of the society and thereafter the land was acquired. the petitioner society approached the respondent for allotment of developed .....
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