Court : Allahabad
Decided on : Nov-25-2003
Reported in : 2004(2)AWC1047
..... year 1999 known as u.p. avas evam vikas parishad assistant director (horticulture) service regulations, 1999 (hereinafter to be referred as 'regulation') which were framed under section 95 of the u. p. avas evam vikas parishad, act, 1965. regulation 7 (3) prescribes the eligibility criteria which is as follows :(1) graduate degree from any recognised university.(2) ten years continuous service in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Nov-25-2003
Reported in : (2004)89ITD172(Kol.)
..... . during the assessment year 1986-87 with which the court was concerned, the law was that the charitable trust could hold investments contrary to the provisions of section 11(5) of the act, but, was under an obligation to disinvest on or before 31st march, 1993, and; thereafter, hold the investments in the modes permitted by law. during ..... allotment of bonus shares) for taxing the capital gain is drawn from a date antecedent to the date of sub-clause (iiia) coming into force.8. section 45 of the act brings any profits or gains arising from the transfer of a capital asset, save as specifically provided, to the charge of income-tax under the head 'capital ..... aa) in a case where, by virtue of holding a capital asset, being a share or any other security, within the meaning of clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956) (hereinafter in this clause referred to as the financial asset), the assessee - (a) becomes entitled to subscribe to any additional .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2003
Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9
..... a public servant from purchasing certain property and if he does it, it becomes an offence under section 169 ipc. section 481 criminal procedure code, section 189 of the railways act, 1989 and section 19 of the cattle trespass act, 1871 and instances of that nature in several enactments are available in which persons mentioned therein shall not ..... directly or indirectly purchase any property at a sale under those acts. similarly section 135 of the transfer of property act provides that no judge, legal practitioner, or officer connected with any court of justice shall buy or traffic in, or stipulate ..... regarding the value of properties cannot be a substitute for market price. such entries will not foreclose the enquiry of the collector under section 47-a of the act or fetter the discretion of the authorities concerned to satisfy themselves on the reasonableness or otherwise of the value expressed in the documents.'24 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2006(4)ALD807
..... same would disable the petitioner from proceeding with the construction. the relevant fact is that when the commissioner takes decision either under section 212 or section 213 read with section 215 of the act, the petitioner filed a suit before the civil court as there is cloud on his title. learned senior counsel also submits that ..... to grant a direction to the commissioner to grant permission.19. as already pointed out, the second has to be appreciated with reference to section 215 of the act. the said section deals with grounds on which approval of the site or licence to construct or reconstruct a building may be refused. it reads as under ..... the petitioner after obtaining legal opinion.10. learned senior counsel sri e. manohar, appearing for the second respondent contends that the grounds mentioned in section 215 of the act would enable the commissioner to refuse permission. the commissioner may refuse permission for one or more grounds. when the matter regarding title of rival claimants .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-24-2003
Reported in : [2005]123CompCas296(Cal),[2006]65SCL55(Cal)
..... of limitation is totally misconceived and is based on erroneous interpretation of the nature of powers exercised by a court under section 5 of the limitation act since section 5 of the limitation act clearly speaks of extension of the prescribed period in certain cases. mr. gupta contends that the appellant has intended to ..... share qualification in the matter of presenting the company petition and only bdpl and its associates lent the necessary support as contemplated under section 399 of the companies act, 1956, and the company proceeding being a representative proceeding when such proceeding was instituted with the help of bdpl and its associates, ..... it was presented as the chatterjee brothers were lacking the necessary shareholding qualification in the matter of presenting such application as required under section 399 of the companies act.35. the chatterjee brothers filed two separate appeals challenging the dismissal of the original petition as well as challenging the findings of .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-24-2003
Reported in : 2004(1)BLJR229; [2004(1)JCR167(Jhr)]; (2004)IILLJ512Jhar
..... was wrong in view of the direction of the division bench in the writ petition challenging the order of the labour court passed on the application under section 33c(2) of the act. this court stayed the enforcement of the certificate or the order issued by the certificate officer. this court thought that one way of resolving the ..... c.w.j.c. no. 2464 of 1993(r).3. it is seen that an application was filed by the workmen under section 33(c)(2) of the industrial disputes act (hereinafter referred to as 'the act') before the central government, labour court no. ii, dhanbad in making a claim for amounts based on a tripartite agreement for overtime ..... registers to this court and directed the committee of registrar to go through the various registers and other documents. the registrar got the various registers scrutinised by the accounts section of this court and submitted what can be termed as a 'chart' containing certain figures described as total hours, extra o.t. and total hours, further confusing .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2004(1)ALD629; 2004(4)ALT614
..... is whether the unregistered agreement of sale can be received and marked in a suit for specific performance of the agreement of sale?point:5. section 17 of the registration act, 1908 reads as follows:17. documents of which registration is compulsory :--(1) the following documents shall be registered, if the property to which ..... an objection raised by the defendant that an unregistered agreement of sale cannot be marked as it is a compulsorily registrable document under section 17 of the registration act, 1908 (for short 'the act'). the lower court overruled the said objection and passed the impugned order admitting the document. being aggrieved by the said order, the ..... . 16 of 2000, which reads as follows;heard. objections regarding the admissibility of agreement of sale. as this being a suit for specific performance, section 49 of registration act expressly exempted this class of cases. i hold that the suit document namely this agreement of sale dated 18-8-1999 is admissible in evidence.2. .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2005(2)ALD136
..... of england, 4th edn., vol.27, paras 444, 445, 446 and 450; and note (1) to para 446.) under the illustration to clause (f) of section 111 of the transfer of property act, there would be an implied surrender of the former lease if a lessee accepts from his lessor a new lease of the property leased to take effect ..... nair v. p. naganatha iyer, : [1992]3scr371 , in which their lordships of the supreme court observed in paragraph 10 is as follows:'under clause (f) of section 111 of the transfer of property act, 1908, implied surrender is a mode for determination of a lease of immovable property. in english law, delivery of possession by the tenant to a landlord and ..... as pleaded by the appellants herein is not true and genuine one.5. nextly the counsel vehemently contended that the courts ought to have held under section 111-f of the transfer of property act there should be an implied surrender by virtue of the conduct of the first respondent. in support of his contention he cited a decision in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-24-2003
Reported in : 2004(1)ALT500
..... several conditions mentioned in schedule a and schedule b, annexed thereto. the said order was issued under section 25 of water (prevention and control of pollution) act, 1974 and section 21 of air (prevention and control of pollution) act, 1981 and the rules made thereunder.20. the counter filed on behalf of the 7th respondent- ..... . catchment area of himayatsagar and osmansagar lakes are included.3. that apart, the central government in exercise of the powers conferred by section 3(2) and (1)(v) of the environment protection act, 1986 read with rule 5 (3) (d) of the environment protection rules 1986 issued environment impact assessment notification vide so 60 ..... certificate and seeking consent for establishment was submitted to the a.p. pollution control board under section 25 of the water prevention and control of pollution act, 1974 and section 21 of the air prevention and control of pollution act, 1981. in pursuance thereof having considered all the aspects the board granted cfe dated 18- .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-24-2003
Reported in : (2004)IIILLJ169HP
..... 2) and subsequent memorandum dated november 26, 1991 (annexure p-5) which has been challenged in this writ petition is the executive committee contemplated in section 30 of 'the act'. section 50 authorizes central board in consultation with the reserve bank and with the previous sanction of the central government to make regulations not inconsistent with 'the ..... the rules and the bank cannot abrogate its functions to outside authority on the basis of said guidelines not in conformity to the provisions of section 18 of the act. the learned counsel next contended that the special area allowance was paid to the members of the petitioners association on the basis of settlement between ..... central board of directors of the state bank of india was abolished by the executive committee without jurisdiction and ultra vires of the provisions made under section 43 of the act;(b) hill and fuel allowance has been abolished retrospectively w.e.f. january 1, 1990 though the same was drawn by the members of .....
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