Court : Allahabad
Decided on : Jul-14-2006
Reported in : (2009)222CTR(All)153; [2009]179TAXMAN73(All)
..... ) any person to whom a summons under sub-section (1) of section 37 of the indian it act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian it act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be ..... belong to such person.42. strengthening the aforesaid plea, learned counsel has gone to the extent of saying that in fact under the existing provisions of the it act, namely, section 132, no search could be made so far as bank accounts are concerned where it is said that money of the person, who is being searched, ..... relying upon the dictum of the pooran mai v. director of inspection : [1974]93itr505(sc) for establishing the legality of the search conducted under the ndps act in violation of section 50 was the subject-matter of consideration, which interpretation in no way assists or strengthens the plea of the petitioners.26. the aforesaid circular dt. 7th .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : 2007(1)AWC440
..... . p. sunni central waqf board, received by sri harsh dev gupta on 15.12.1992. the appeal was filed on 22.12.1992 under section 57a read with section 49b (4) of the act. under sections 49b (4) and 57a, an appeal lies before the district judge against the requisition order/notice issued by the collector. it has been held ..... learned counsel for the petitioner and sri narendra mohan, learned counsel for the respondent no. 3.8. learned counsel for the petitioner submitted that under section 49b (4) read with section 57a of the act, appeal was maintainable only against the notice/requisition issued by the collector and no appeal was maintainable against the order of the controller, u. p. ..... order, without jurisdiction nor had been obtained by fraud or misrepresentation and there is no illegality in the order. it has been further held that under section 112(3) of the waqf act, 1995, it did not make any effect of the operation of previous law and hence, the appeal filed in 1992, cannot be said to be .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : [2006(110)FLR1043]
..... was not able to produce the record showing the nature of the work done by the respondent no. 3 to establish the work done by him.10. section 2(s) of the act reads as follows:'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or ..... has also been got encashed. it was submitted that since his appointment was as cutting supervisor, therefore, he was not workman within the definition of section 2(s) of the act, in as much as it falls under the exclusion clause. presiding officer on a consideration of the entire facts held that merely his designation was shown ..... the finding after appreciating the evidences on record that the respondent no. 3 was the workmen and his service was retrenched without following the procedure provided under section 6n of the act. finding of the tribunal is the finding of fact and may not be interfered by this court. learned counsel for the respondent no. 3 relied upon .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2006
Reported in : 2006CriLJ4288
..... in the said hospital. the chief medical officer was also directed to register a criminal case against the appellant om sharma under the medical council of india act, 1956 and under section 420 and other provisions of i.p.c.5. learned counsel for the appellant has argued that no such order could be passed by the hon'ble ..... the hon'ble single judge, the counsel argued, could only punish the appellant for contempt in the manner provided under the contempt of courts act. punishment, he urged, is provided by section 12 of the act.6. we have carefully considered the matter. the sum and substance of the impugned order of the hon'ble single judge sought to be quashed ..... flawed. the appellant cannot be heard with the aid of hyper-technicality that as he has not been punished as per section 12 of the contempt of courts act, the appeal is maintainable under section 19 of the said act. this court the highest justice dispensation apparatus in the state could not ignore or look the other way when in a .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-13-2006
Reported in : 2006(4)AWC3760
..... . a perusal of the adoption deed which was registered for acknowledging the adoption of 1996 indicates that all the ingredients of sections 6, 11 and 16 of the hindu adoption and maintenance act were present to support the factum of adoption. on the other hand, no such infirmity has been pointed out in the impugned order, which may otherwise indicate that an ..... court to demonstrate that the petitioner has succeeded as the adopted son of late rajendra pandey. the petitioner accordingly applied and was issued a succession certificate under the indian succession act from the civil court, deoria. after submission of the entire documents, the superintending engineer on 14.7.2004 issued a letter of appointment to the petitioner appointing him on compassionate .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-12-2006
Reported in : 2006(4)AWC3655; [2006(111)FLR33]
..... than 240 days continuously.11. in my opinion, presiding officer has wrongly held that the petitioner fall within the definition of 'industry' under section 2-k of the act. section 2-k of the act reads as follows:'industry' means any business, trade, undertaking, manufacture of calling of employers and includes any calling, service, employment handicraft, of ..... on daily wages. merely because she had worked for more than 240 days, she is not entitled to claim the benefit of section 6n of the act. in as much as section 6n of the act applies to those workman in any industry, who is properly appointed on sanctioned post.22. for the reasons stated above, writ petition ..... months; and (a) notice in the prescribed manner is served on the state government. 15. 'the word continuous service has been defined by section 2(g) of the act as follows:continuous service' means uninterrupted service, and includes service which may be interrupted merely on account of sickness or authorized leave or an accident .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2006
Reported in : [2006(111)FLR237]
..... for promotion against group 'a' and 'b' posts for physically handicapped persons, can the respondents be permitted to bypass the provisions of 1995 act. section 32 of 1995 act obligates appropriate government in positive term to identify post in the establishment, which can be reserved for persons with disability and thereafter at periodical intervals ..... circular dated 16.01.1998 it is not open to the respondents to plead that they required circular and direction from the central government. section 33 of 1995 act provided for 3% reservation in the posts identified and promotional posts of assistant manager, administrative officer and assistant administrative officer are identified posts ..... asia and pacific held at beijing on 1st to 5th december, 1992 and pursuant to the same, act in question has been enforced. section 32 of the act in chapter vi provides for employment. the said section being relevant is being quoted below:32. identification of posts which can be reserved for persons with .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2006
Reported in : 2006(4)AWC3765
..... judgment:11. in view of the submissions made by the learned counsel for the parties, the first question that requires consideration is whether the act applies to the primary section also or not. section 2(b) of the act, as amended by the ordinance which came into force on 7th july, 1975, defines the term 'institution' as follows: 'institution' means ..... in mahanand singh and ors. v. state of u.p. and ors. 1978 alj 1042, a division bench of this court held that the act was inapplicable to junior high school section of a high school as it did not contain any provision regulating the administration or teaching of students of junior high school standard. in making this ..... relying upon the decision of their lordships of the supreme court in km. prem lata mishra's case (supra), the learned single judge held that the act was not applicable to the primary section. in the said case, the order of termination of service had been passed in the year 1970, that is, before the definition of 'institution' was .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-07-2006
Reported in : AIR2007All13; 2006(4)AWC3786
..... that as a home or abode. it must be held that the minors ordinarily resided only at komarapalayam and not at kote village. the proceedings under section 25 of the act initiated by the respondent where thus properly laid before the district court at salem.11. in the case of konduparthi venkateswarlu and ors. v. ramavarapu viroja ..... where he last resided, or even where he happens to be at the time the proceedings are initiated. such consideration cannot be applied with reference to section 9(1) of the act. on a consideration of the evidence, it has already been found that the settled home of the first appellant and the minors is only komarapalayam, where ..... nagar holding that court at kanpur nagar has authority and jurisdiction to deal with the application moved on behalf of the respondent smt. rashmi harry under section 25 of guardians & wards act, 1890.2. brief facts giving rise to the instant writ petition in brief is that petitioner and respondent no. 2 were married as per christian rites .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-05-2006
Reported in : 2007CriLJ170
..... law laid down by the hon'ble supreme court in this case, the provisions of the code have been amended by code of criminal procedure (amendment) act, 2005 by which section 50a has been inserted. it requires the police to give information about the arrest of the person as well as the place where he is being held ..... legislatures so desire, the provision of anticipatory bail could be denied in grave cases of murder, dacoity, rape, abduction or prevention of corruption act, ndps act etc. well defined parameters for exercise of powers under section 438 cr.p.c. have been laid down in various decisions of the apex court which are described in the d.b. order in ..... cases of financial and other scams or where accused are absconding, not co-operating or they are needed for custodial interrogation, effecting recoveries under section 27 of the evidence act or for obtaining their hand writings, or thumb marks or they have to be put up for identification. the interim orders staying arrests having been .....
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