Court : Allahabad
Decided on : Jan-13-2006
Reported in : [2006]148STC356(All)
..... the composition money on the ground that the brick kiln did not function as, according to the deputy commissioner, once an application has been submitted under section 7-d of the act exercising the option to pay the amount in lump sum, it cannot be withdrawn for any reason whatsoever. as the petitioner had failed to deposit the ..... other. the manufacture if they have availed of the procedure under rule 96zo(3) at their option, cannot claim the benefit of determination of production capacity under section 3a(4) of the act, which is specifically excluded.24. in the case of jalan castings (p) ltd. (supra), this court has held that where an assessee has himself asked ..... dealer notwithstanding the fact that the dealer has neither manufactured nor sold any bricks during the period for which it had opted for the composition under section 7-d of the act.34. the amount payable under the composition scheme is not relatable to any actual turnover but depends upon the agreement under the scheme at the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-2006
Reported in : 2006(1)AWC771
..... phot it is unconstitutional,being in conflict with the scheme of part ix of the constitution of india. the petitioner besides seeking declaration of section 27-a of 1961 act as unconstitutional and inoperative after enforcement of part ix of the constitution of. india has further prayed for mandamus ling the respondents from enforcing ..... constitution is silent regarding adhyaksh as well, the state legislature cannot impose a restriction not contemplated by the constitution. therefore, the provisions of section 27-a (b) of the act is in direct conflict and is inconsistent with the constitution of india and is liable to be struck down. it is also submitted that besides ..... to function as chairperson of zila panchayat. in other words, what is submitted is that since there is no such disqualification, as provided in section 27-a of the 1961 act provided in part ix of the constitution in regard to the chairperson of the zila panchayat and kshetra panchayat, the said legislature, by necessary .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(3)AWC2641
..... given an opportunity to file her objection against the order declaring the premises to be vacant. therefore, no prejudice has been caused to her.16. the requirements of section 16 of the act no. xiii of 1972 and rule 8 is that the person in actual occupation of the building, may be given an opportunity to show to the authorities concerned ..... prayer has been made to issue a writ of certiorari quashing the aforesaid orders.2. the landlord-opposite party no. 3 moved an application under section 12 read with section 16 of the u.p. act no. xiii of 1972 in 1996 impleading one ram gopal. it was alleged that after the death of the original tenant lalla and his widow ram ..... city magistrate in his impugned order dated 26.5.2000 has observed that : 'the petitioner did not come within the definition of word family as contained in section 3(g) of the u.p. act no. xiii of 1972 ; photo copies of the documents filed by the petitioner are not admissible ; they are not supported by any affidavit, while the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(4)AWC3374
..... the last 12 to 15 years. the petitioner filed suit no. 1162 of 1998 in the court of additional district magistrate under section 229b and 209 of the u.p. zamindari abolition and land reforms act (hereinafter referred to as the act).3. notices were issued and the concerned opposite party no. 4 entered into compromise and as such the suit was decided .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2006
Reported in : 2006(2)AWC1272
..... and the statutory provisions, it is quite clear that this court has jurisdiction to initiate contempt proceedings suo motu even in a civil contempt as defined in section 2 of act 70 of 1971, that no particular form of procedure is necessary so long as the proceedings are initialed giving an opportunity to the contemnor to defend himself ..... opposite party no. 1 is concerned, he is compensation officer and his actions would be presumed to have been regularly performed under illustration (e) of section 114 of the indian evidence act. in the case of breach of an order of the court, if it is done by a private person, apparently to gain some unlawful advantage, the ..... lieu thereof. against this order of conviction and sentence theabovenoted appeal has been filed by the appellant (opposite party no. 3 of contempt application) under section 19 of the contempt of courts act. 7. we have heard sri a.k. bajpai, learned counsel for the appellant and sri d.s. srivastava for the respondent.8. the thrust .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2006
Reported in : AIR2006All114; 2006(1)AWC904
S.N. Srivastava, J.1. Heard learned Counsel for the petitioner and learned Counsel for Caveator.2. Learned Counsel for the petitioner urged that against an order passed by the Consolidation Officer, an appeal was preferred by 15 persons, but Vakalatnama was signed by only one person as such the appeal on behalf of other persons was not maintainable. The Appellate authority has not taken into consideration this aspect while entertaining the Appeal.3. Considered arguments of learned Counsel for the petitioner:4. In view of the law laid down by the Apex Court in the judgment rendered in Civil Appeal No. 6701 of 2005 (Arising out of SLP(C) No. 22578 of 2002), Udav Shanker Trivar v. Ram Kalewar Prasad Singh and Anr. decided on 10.11.2005, the appellants before the Appellate Authority (Assistant Settlement Officer, Consolidation, Bareilly) are entitled to have an opportunity to get the defect removed. Paragraph-15 of the judgment of the Apex Court is being reproduced below:-15. It is, thus, ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2006
Reported in : [2006]287ITR318(All)
..... learned counsel for the department, sri bharatji agarwal, and held that the interest on securities cannot be taken to be interest within the meaning of section 2(7) of the act and therefore no substantial question of law is involved. the tribunal has relied upon the judgment of the allahabad high court.5. the same question ..... taken into consideration for the purpose of assessing chargeable interest.3. sri pradeep agarwal tracing the history of the interest-tax act and in particular the definition given under section 2(7) of the interest-tax act prior to october 1, 1991, and by comparing the definition given thereafter says that a substantial question of law arises in ..... authority which has assessed the amount of total chargeable interest at rs. 68,10,23,228 was under section 8(1) of the interest-tax act and directed for initiating penalty proceedings under section 13 of the interest-tax act, has been set aside. this amount of total chargeable amount allegedly was much in excess of the total .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-06-2006
Reported in : 2006(1)AWC908
..... of the courts below directing confiscation of the vehicle. one other point has been raised here that the additional collector who conducted the confiscation proceedings under section 22 of the excise act was not authorised and there is no authorization on record. 1 find that this point was not even urged before the a.d.m. or the ..... the ruck, it will be difficult to reach the conclusion that the revisionist was totally unaware of this illegal use of this vehicle. moreover, under section 72(5)(b) of the excise act, the owner of vehicle can only prevent the confiscation of the vehicle, if he can prove to the satisfaction of the collector that it was ..... not the revisionist were present on the spot. the revisionist is said to be the owner of the truck. the arrested persons were challaned under section 60 of the u.p. excise act and confiscation proceedings were initiated before the district magistrate, saharanpur.4. i have perused the judgement of the appellate court and the judgement of the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-05-2006
Reported in : 2006(1)AWC992
..... which shall also be shortly noticed while noticing the judgment in some detail. it is, however, relevant to refer to some of the provisions of the 1920 act. section 3 of the act provided that first chancellor, pro-chancellor and vice chancellor shall be the persons appointed by notification of the governor general in council. the university was enacted as ..... in paragraph 23 of the azeez basha's judgment and is also clear from previous history of the establishment of the university. the other provisions of the act, namely, sections 3 and 4 were also taken into consideration in paragraph 6 of the judgment in azeez basha's case which provided that first chancellor, pro-vice-chancellor ..... basis of judgment in azeez basha's case so as to hold that aligarh muslim university is a minority institution and as to whether the amendment by 1981 act in sections 2(1) and 5(2)(c) are valid.98. learned counsels appearing for aligarh muslim university as well as union of india have referred to and relied .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-05-2006
Reported in : [2006(108)FLR824]
..... shape of the reference as it was, could not go into this fundamental issue because the industrial tribunal while deciding the issue under section 4k of the act or while acting as court deciding a reference under section 10 of the act has a limited jurisdiction which is confined to the order of reference itself. labour court/industrial tribunal is not closed with powers ..... sought a reference. a reference was made under section 4k of the act in terms as given below:kya sevaupklp dwara dinak 24.1.93 se 14.10.93 tak ke gai talabandi uchit athwa vaidhanik hai yadi ha/nahi to sambandhit ..... the case are that the workmen of the petitioner union went on an illegal strike on 23.1.1993 without due compliance of section 6 s (2) of u.p. industrial disputes act, 1947 (hereinafter referred to as the act).3. on the next date i.e. 24.1.1993 a lock out was declared by the employer. aggrieved, the workmen union .....
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