Court : Allahabad
Reported in : (2000)4CompLJ335(All)
..... of these companies. 29. despite the provisions before the promulgation of the reserve bank of india (amendment) ordinance, 1997 contained in chapter iii-c of the act, the unincorporated bodies circumvented the statutory restrictions by floating different partnership firms as and when a firm reached the level of 250 depositors ..... regulatory framework. the unincorporated bodies have also been specifically prohibited from issuing any advertisements in any form. 32. there are reports of several finance companies and unincorporated bodies having failed to repay the deposits collected from unsuspecting depositors who have been tempted by the attractive returns and incentives ..... group; (iii) all other non-banking financial companies; and (2) the book value of debentures, bonds, outstanding loans and advances (including hire-purchase and lease finance) made to, and deposits with,-- (i) subsidiaries of such company; and (ii) companies in the same ground, to the extent such amount exceeds ten per .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)167CTR(All)22; [2001]248ITR113(All); [2001]117TAXMAN253(All)
..... to the assessing officer so designated by the chief commissioner of income-tax within whose area of jurisdiction the office of the person responsible for deducting tax under chapter xvii-b is situate. this implies that the person before whom such returns are to be filed is not the assessing officer having jurisdiction over the assessee for ..... assessing officer within whose area of jurisdiction, the office of the person responsible for deducting tax under chapter xvii-b is situated.' 21. it is settled law that a rule made under an act is treated to be part of the act itself. a perusal of rule 36a shows that the assessing officer can be designated by the commissioner ..... of income-tax within whose area the office of the person responsible for deducting the tax under chapter xvii-b is situate. the expression 'assessing .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC578; (2001)1UPLBEC356
..... authority concerned should not be afflicted by 'suspension syndrome'.(9) where the disciplinaryauthority seeks to suspend anemployee pending inquiry orcontemplated inquiry intograve charges of misconductor serious acts of commissionor omission, the order ofsuspension would be passedafter taking intoconsideration the gravity ofthe misconduct thought to beinquired into and the natureof the evidence placed beforethe disciplinary ..... , (1968) 2 scr 577 : air 1968 sc 800. therein the legal position was stated thus :the general principle is that an employer can suspend an employee of his pending ..... v. p. gindroniya v. state of m. p. air 1970 sc 1494, after particularly approving balvantrai ratilal patel v. state of maharashtra, air 1968 sc 800, the supreme court said :'the law on the subject was exhaustively reviewed in balvantrai ratilal patel v. state of maharashtra .....
Tag this Judgment!Court : Allahabad
Reported in : [2001(90)FLR377]; 2001LabIC3915; (2001)2UPLBEC1876
..... that the procedure for recruitment on permanent post was adopted. in the appointment letter, there was no mention about the nature of appointment. clause 6, chapter ii of the education code provides recruitment procedure to the permanent posts by the managing committee and since it is admitted that the procedure was followed for ..... school managing committee also consists of army officials. thus, the administrative control of the schools vests in the governmental authorities. the society and its schools are financed by welfare funds and the management of the school is also entitled to collect the fee and the donations, but this does not change the character of ..... finally heard.5. air force school bamrauli, allahabad is being run and managed by the india air force educational and cultural society registered under the societies registration act, 1860. it is regulated by an education code for providing educational facility at the air force stations. the board of governors of this society is an .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)ARBLR410(All); 2001CriLJ274
..... or causes irreparable injury.9. section 2(1)(d) provides that in part 1 'arbitral tribunal' means a sole arbitrator or a penal of arbitrators. chapter iv of the act deals with jurisdiction of arbitral tribunals and section 16 thereof reads as follows :'16. competence of arbitral tribunal to rule on its jurisdiction.--(1) the ..... only illegal but is also without jurisdiction. in support of his submission, learned counsel has placed reliance on certain observations made in data switchgears ltd. v. tata finance ltd. and another, (2000) 8 scc 151.7. the principal question to be considered is whether it would be proper for the high court, while exercising ..... justice or his nominee is an administrative order, as has been held by this court in ador samia, case and the observations of this court in sundaram finance ltd., case also are quite appropriate and neither of those decisions require any reconsideration.......'it may be noticed that in a subsequent decision in konkan railway corporation .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)ARBLR427(All); 2001CriLJ263
..... justice or causes irreparable injury.7. section 2(1)(d) provides that in part i 'arbitral tribunal' means a sole arbitrator or a panel of arbitrators. chapter iv of the act deals with jurisdiction of arbitral tribunals and section 16 thereof read as follows :'16. competence of arbitral tribunal to rule on its jurisdiction.--(1) the arbitral ..... chief justice or his nominee is an administrative order, as has been held by this court in ador samia case and the observations of this court in sundaram finance ltd. case also are quite appropriate and neither of those decisions require any reconsideration.....'it may be noticed that in a subsequent decision in konkan railway corporation ltd ..... question which requires consideration is what is the nature of the order passed by the chief justice under section 11(5) of the act and whether it is amenable to writ jurisdiction of the court. in sundaram finance ltd. v. n.e.p.c. india ltd., (1999) 2 scc 479, it was observed that appointment of arbitrator .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ132
..... powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised in strict compliance with the provisions falling under chapter xii of the code and the courts are not justified in obliterating the track of investigation when the investigating agencies are well within their legal bounds as aforementioned. ..... s wentworth estate. the consolidation officer ltd. v. minister of town and country planning (1951) 2 kb 284 (4) p. v. jagannath rao v. state of orissa (1968) 3 scr 789 : air 1969 sc 215 :11. it is also worthwhile to note other declarations made by the hon'ble supreme court relation to the inherent powers of this ..... or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.104. it may be true, as repeatedly pointed out by mr. parasaran, that in a given situation, false and vexatious .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ625
..... has relevance. an expert's opinion has to be proved by his oral evidence as implied by sections 59 and 60 of the evidence act. chapter v. section 61 of the evidence act, speaks of proof of contents of documents. according to this section the contents of any document may be proved either by primary or by secondary evidence. ..... section 164, cr.p.c. empowers a magistrate to record any confession or statement of any accused or a witness in the course of an investigation under this chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial. this section deals with ..... are competent to give such opinions are called 'experts'. this section clearly makes the opinion of the 'experts' admissible in evidence.31. section 47 of the evidence act clearly indicates opinion as to handwriting when relevant. this section makes legally admissible the opinion of any person regarding any document or its writing if he is acquainted with .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)1CompLJ274(All)
..... its registered office at 4, middleton street, ground floor, calcutta, for winding up khaitan overseas and finance ltd., with its registered office at somdutt plaza (11th floor), the mall, kanpur, under sections 433, 434 and 439 of the companies act, 1956 ('the act'). it is alleged that the company took a loan for rs. 25 lakhs from the applicant- company ..... and order xix and, thus, i find that the first preliminary objection is devoid of any substance. the judgments in the matter of goya textile (p.) ltd. in re air 1968 cal. 388, and mool chand wahi v. national paints (p.) ltd. [1986] 60 comp. cas. 198 (p&h;), do not support the contention of sri agarwal. 6 ..... resolution lacked authority to file winding up petition. i am unable to agree with the objection. the company resolved to take action against the debtor --khaitan overseas and finance ltd. and to recover the loan by a resolution of the board of directors dated 26-12-1998 authorising sri s.k. dhandhania to sign and execute the necessary .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All128
..... file in the election petition, lead evidence and get the election set aside. he further submits that cases relied by the petitioner, reported in pashupati nath singh (air 1968 sc 1064) (supra) and krishna mohini (supra) are also not applicable to the facts of the present case.i have considered the arguments of the petitioner as well ..... reported in air 1994 sc 2277; a. c. jose v. sivan pillai, reported in air 1984 sc 921; pashupati nath singh v. harihar prasad singh, reported in air 1968 sc 1064; and krishna mohini v. mohinder nath sofat, reported in air 2000 sc 317. on the basis of the aforesaid decisions of hon'ble the supreme court, the ..... is so disqualified by or under any law made by the parliament. section 8 of the act provides for disqualification on account of the conviction for specified offences where the sentences are for the prescribed period. section 7(b) provides that in chapter iii 'disqualified' means disqualified for being chosen as and for being a member of either house .....
Tag this Judgment!