Court : Allahabad
Decided on : Mar-01-2006
Reported in : 2006CriLJ2243
..... has challenged the detention order dated 31.8.2005, passed by respondent no. 2, district magistrate, gautam budh nagar, under section 3(2) of the national security act 1980 and his continued detention thereunder. 2. the grounds of detention are contained in annexure-2 to the writ petition. ..... was allegedly engaged with his associates in cutting electricity wire at about 11 p.m. a case crime no. 36 of 2005 under section 379/411 i.p.c., p.s. bisrakh, district gautam budh nagar was registered against him. he was allegedly found to be ..... of 2005, under section 379 i.p.c., 34 of 2005, under section 379 i.p.c., 36 of 2005, under section 379/411 i.p.c., 57 of 2005, under section 2/3 gangsters act, 67 of 2005, under section 379/411 i.p.c., 189 of 2005, under section 379 i.p ..... .c. and 213 of 2005, under section 379 i .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-27-2006
Reported in : 2006(2)AWC1794
..... contained in the scheme of administration in that case, which provided for appointment of administrator, was 'inconsistent with and repugnant to the policy reflected by section 16-d of the act and for that reason ultra vires'. similar facts are of the present case also.25. accordingly, for the foregoing reasons, in my opinion, keeping ..... in view the provisions of the scheme of administration of the institution, as well as the provisions of section 16-d(14) of the act no authorized controller of administrator could have been appointed for managing the affairs of the institution in question. in the facts and circumstances of this ..... in the petitioner college which 14 a minority institution, specially keeping in view the scheme of administration of the institution and the provisions of section 16-d(14) of the act; and then if the authorized controller could have been appointed, whether he could decide as to which group should be called for election.15 .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-2006
Reported in : AIR2006All259; 2006(3)AWC2823
..... all appear that the order of the district judge is of no significance to his client. it appears to be of quite some significance. under section 7 sub-section (4) of 1920 act trustees acting bona fide on the order of the district judge would render themselves immune to any action by anybody for all times in future. this certainly is ..... appearing in connection with the petition. (4) a trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty ..... .40. following the said judgment and the authorities quoted there, which are fully persuasive in our respectful opinion, we must opine that a decision under section 7 of the 1920 act is not to be given at all by the district court in matters which are seriously disputed or contested or which require difficult decisions on questions of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-2006
Reported in : (2006)201CTR(All)520; [2006]283ITR532(All)
..... of the said judgment (are) reproduced as under :9. this judgment was rendered by this court on 21st dec., 1956, and we find that in the 1961 act section 127 replaced section 5(7a) where the legislature has introduced, inter alia the requirement of recording reasons in making the order of transfer. it is manifest that once an order is ..... and seek to challenge transfer of their case by a common order dt. 16th dec., 2005 passed by cit-i, kanpur in exercise of powers, vested under section 127(2), it act, 1961 (called the 'act') from kanpur to ao at. new delhi (annex, 4 to the leading writ petition).4. for convenience we refer to the facts leading writ petn. no ..... 6 of the writ petition, it is stated that petitioner is an income-tax payer for the last several years.6. a search and seizure operation under section 132 of the act was conducted on 2nd july, 2003 within the residential and business-premises belonging to the partners/directors of the said firms/units called 'shikhar gutkha group'.7. .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : 2006(2)AWC1927
..... the very nature of the relationship existing between the parties or sometimes from a peculiar handicap or disability from which that party suffers. section 111 of the evidence act read with section 16 of the contract act, the principle enshrined therein is also extendable to cases where there is a proof of a person dependent, by virtue of his ..... the sale deed validly executed, will not definitely be a finding as to amount holding that the requirements of the provisions of section 111 of evidence act read along with provisions of section 16 of the contract act were in reality fulfilled. when there was no finding recorded in favour of this aspect of the matter by the trial ..... by the trial court that no consideration in the present transaction of sale had passed from the vendee to the vendor. taking the protection of section 25(1) of the contract act, the learned counsel has tried to emphasise that even if no consideration in the present case had passed for the transfer of the property, it .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : AIR2006All273
..... very nature of the relationship existing between the parties or some times from a peculiar handicap or disability from which that party suffers. section 111 of the evidence act read with section 16 of the contract act, the principle enshrined therein is also extendable to cases where there is a proof of a person dependent, by virtue of his ..... the sale deed validly executed, will not definitely be a finding as to amount holding that the requirements of the provisions of section 111 of evidence act read along with provisions of section 16 of the contract act were in reality fulfilled. when there was no finding recorded in favour of this aspect of the matter by the trial ..... by the trial court that no consideration in the present transaction of sale had passed from the vendee to the vendor. taking the protection of section 25(i) of the contract act, the learned counsel has tried to emphasise that even if no consideration in the present case had passed for the transfer of the property, it .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : AIR2007All25
..... and it has been submitted that the jurisdiction of a court of small causes is preferential and not exclusive as per, the provisions contained in sections 15 and 16 of the provincial small causes court act. it is quite obvious that the law is settled on this point because the court of small causes has no jurisdiction to settle the ..... if this suit was at all cognizable by regular civil court.6. i do not agree with the interpretation of the aforesaid section 15, 16 and article 14 of schedule ii of provincial of small causes courts act as advanced by the learned counsel. this is a suit involving the question of declaration of title over the property in suit ..... involved in the suit is only that of title.5. the learned counsel appearing for the petitioners contends that by virtue of sections 15, 16 and article 14 of schedule (ii) of the provincial small causes court act, the suit, being squarely a suit for eviction of a tenant from the premises in question after the determination of tenancy it .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-21-2006
Reported in : 2006(2)AWC1936
..... possession by the said respondent no. 2. thus, this writ petition has been filed for issuing direction for criminal prosecution of the respondent nos. 2 and 3 under section 392 ipc, and for further direction to release the vehicle and not to charge the interest at exorbitant rate.3. shri b.p. tiwari, learned counsel for the ..... after termination of his services, he did not vacate the said accommodation and a criminal case was lodged against him under sections 406, 408, 409, i.p.c. also taking the assistance of section 630 of the companies act, 1956. the hon'ble apex court held that as the accused had been granted a rent free accommodation as a part ..... the nature and control over the companies is more or less of the same degree and nature as the control exercised over the banking companies under the banking regulation act. there is control and supervision over the functioning, working and the conduct of business of the companies. ...they remain regulatory in nature in the interest of the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-17-2006
Reported in : (2007)213CTR(All)412
..... january, 27, 1995 at the business premises of one m/s. narendra rerolling mills private limited, secundra (hereinafter called third party), reassessment proceedings under section 21 of the act against the present dealer was initiated by the department, giving rise to the present revision. in the aforesaid survey at the business premises of m/s ..... the assessing authority formed a belief that the dealer opp.party has transacted the business outside the books of account, therefore, it issued reassessment notice under section 21 of the act. at the first instance the reassessment notice was issued on 27th march, 1995, before the passing of the regular assessment order.4. it is ..... of reassessment proceedings without recording any finding on the merits of the case, the reassessment proceedings can be reinitiated after issuing a valid notice under section 21 of the act and the materials which were already in possession of the department at the time of issuance of first notice, can be utilized or not .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-16-2006
Reported in : 2006(2)AWC1968
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner was appointed on the post of Safai Karmchari in Nagar Palika Parishad, Shikohabad District Firozabad on 1.8.1972 on permanent basis. He was issued a notice on 30.6.1992 by the then Executive Officer of [he Nagar Palika Parishad informing him that he shall retire from service after three months on 30.9.1992. The petitioner accordingly retired from service on 30.9.1992. No dues were pending against the petitioner at the time of his retirement. After his superannuation the petitioner moved representations dated 6.7.2004 and 17.11.2004 for release of his pension and other retiral dues including gratuity, fund and group insurance, but no payment was made to him. Aggrieved the petitioner has come up in this writ petition praying for a writ in the nature of mandamus commanding the respondents 1, 2 and 3 to pay the pension and other retiral benefits as group insurance, provident fund, gratuity an...
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