Court : Allahabad
Reported in : AIR1971All375; (1971)IILLJ432All
..... final and the instant writ petition is liable to be dismissed also on the basis of the rule of finality which governs all judicial proceedings. rule 7 of chapter xxii of of the rules of court reads:--'where an application has been rejected, it shall not be competent for the applicant to make a second application on ..... for the issue of a writ of certior-ari quashing the order of the transport commissioner dated september 7, 1967 (annexure 6) and the communication dated 7th october, 1968 (annexure 16) informing the petitioner that the government had rejected his representation.2. the petitioner was in the employment of the transport department of the government of uttar ..... being heard would not be applicable in his case.it is trite that the posting of a person to a post in an officiating capacity is an administrative act. inasmuch as the government servant concerned has no right to continue on a post held by him in an officiating capacity the government can unilaterally terminate his .....
Tag this Judgment!Court : Allahabad
Reported in : 1971CriLJ1574
..... stage of a judicial proceeding or for fabricating false evidence for the purpose of being used in any stage of a judicial proceeding. such acts have been made punishable under section 193 and cognate sections in chapter xi of the indian penal code.11. sri b. p. goel next placed reliance on the decision of a learned single judge of ..... it has not been argued before me that there has been any concealment of any fact by the applicants. moreover this application in revision was admitted on 15th april, 1968 and has been pending for more than two years and, therefore, i will not be justified in rejecting the revision only on the ground that the applicants did not approach ..... to be a forged document, does not fall within the category contemplated by section 479 (1) of tie code of criminal procedure and therefore the authority of the court to act under .section 476 of the code is not impaired by sub-section (6) of section 479-a .... in any event the offence penalised under section 471 indian penal .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]83ITR895(All)
..... assessment year at the rate or rates mentioned therein. it is in pursuance of this provision that the central legislature enacts finance acts from time to time. section 2 of the finance act of 1963, which is the relevant finance act for our purposes, provides for the charge of income-tax at the rates specified in part 1 of the first schedule. ..... of additional surcharge.4. the petitioner then filed an application dated august 28, 1970, before the appellate assistant commissioner for rectifying' its appellate order dated october 9, 1968, on the ground that it suffered from a manifest error inasmuch as it proceeded to decide the appeal on a wrong assumption that no order rectifying the assessment ..... of the previous years of any person the incomes of the types mentioned in section 10 of the act are not to be included no such provision has been made in section 81 of the act. the heading of the chapter in which section 81 falls, on the other hand, shows that the types of income mentioned therein .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All55
..... discrimination against the petitioners vis-a-vis other private operators in the agra region and other regions of uttar pradesh; and (5) the law in chapter iv-a of the act is void as it impairs the fundamental rights of the petitioners under article 19(1)(f) of the constitution and accordingly there is no valid law ..... air 1967 sc 1815 (supra) the supreme court observed:--'as to documentary evidence, it was asked for to show, firstly, that the corporation did not have equipment and finances to carry out the schemes, and, secondly, that the corporation's past record of running its services was worse than that of the private operators. we think that ..... ; that application was, however, rejected as it was belated.3. as regards the first ground, the grievance of the petitioners is that on the 6th april, 1968, the petitioners desired the issue of summonses to six witnesses who were officers of the state transport undertaking but the deputy legal remembrancer declined to comply with the request .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]87ITR468(All)
..... jurisdiction. when section 274(2) declares that the inspecting assistant commissioner shall, for the purpose pf imposing a penalty, 'have all the powers conferred under this chapter for the imposition of penalty' it refers to the powers contained in the second part of section 271(1). there is no doubt that before actually imposing ..... minimum penalty imposable exceeded rs, 1,000 he referred the proceeding for imposition of penalty to the inspecting assistant commissioner under section 274(2) of the income-tax act, 1961. the inspecting assistant commissioner, after allowing the assessee an opportunity of being heard, imposed a penalty of rs. 20,000. the assessee appealed to ..... . the question referred is answered in the negative.17. the connected case, income-tax application no. 555 of 1968, is a reference application made by the assessee under section 256(2) of the income-tax act, 1961. the assessee seeks to have two further questions referred. one of them is whether the excess of the .....
Tag this Judgment!Court : Allahabad
Reported in : 1972CriLJ666
..... reasons which shall be presently discussed. i find myself unable to agree with the observations made by the division bench in 1968 cri. lj 1342 (all.)31. section 149 is in chapter viii of the indian penal code. chapter viii of the indian penal code deals with offences against the public tranquillity. it is significant to note that, however, ..... the meaning of section 34 implies a pre-arranged plan, and to convict the accused of an offence applying the section it should be proved that the criminal act was done in concert pursuant to the pre-arranged plan and that the inference of common intention should never be reached unless it is a necessary inference deducible ..... if the said common intention leads to the commission of the criminal offence charged, each of the persons sharing the common intention is constructively liable for the criminal act done by one of them. just as the combination of persons sharing the same common object is one of the features of an unlawful assembly, so the existence .....
Tag this Judgment!Court : Allahabad
Reported in : 1972CriLJ1221
..... hearing. sri rajeshji verma, learned counsel for the respondents, raised a preliminary objection as to its maintainability. he contended that the order of the magistrate, dated 26th july 1968, purports to be an order of discharge. it is not an order acquitting the respondents of any offence. no appeal under section 417 criminal p.c. therefore lies against ..... an order lies under section 417 cr. p.c.6. the case was being tried as a summons case. chapter xxii of the code of cr. procedure provides for the procedure to be adopted in such cases. in this chapter there is no provision for making an order of discharge. according to these provisions, when the accused appears or ..... .1. this is an appeal against an order of the sub-divisional magistrate kasgan.i. dated 20th of july 1968, purporting to discharge the respondent while trying him for an offence under section 13 of the u. p. public gambling act.2. proceedings for the prosecution of the respondents, for an offence under section 13 of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All360
..... appeals was stayed pending disposal of the present special appeal, which was directed against the order of the board of revenue. arising out of proceedings under chapter ix-a of the zamindari abolition act. kesho ram challenges this order of stay in the connected writ petition (no. 5396 of 1970).10. mr. k.c. saxena, appearing for ..... entries. the remedy of! the parties was to get a declaration made through a competent court.7. soon after, the statement of compensation under chapter ix-a of the zamindari abolition act was published. it showed that the respondents were the adhivasis of the plots in dispute. smt. bhagwani filed an objection praying that the respondents be ..... court in jagdamba prasad misra v. refiuddin, 1967 all lj 308, held that chapter ix-a of the act does not contemplate adjudication of disputes regarding adhivasis or sirdari rights. a full bench of this court in maqbool raza v. joint director of consolidation, 1968 all lj 89 = (air 1969 all 26 (fb), confirmed this view and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All340
..... proof and convincing proof that a person is not properly chosen to fill a particular seat. mere surmise or suspicion is not sufficient.' laxman siddappa naik v. kattimani chandappa, air 1968 sc 929). in the absence of any evidence of knowledge or consent of respondent no. 1 to the publication of these articles in his newspaper, i cannot associate him with ..... was placed for the petitioner on the decision of the supreme court in civil appeal no. 1832 (n. c. e.) of 1967 (sc) (mahadeo v. shantibai, decided on 15-10-1968), but that decision has been noted and distinguished in kanta kathuria's case, air 1970 sc 694 and is distinguishable from the facts and circumstances of the present case. i ..... the election of respondent no. 1 void under section 100(1)(b) of the act.17. it may be mentioned at the outset that the issues in which the three articles are said to have been published have not been brought on record although under rule 9 of chapter xv-a of the rules of the court read with rule 8 of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All548
..... subsidy admissible, that is l/3rd of the cost of the well. this advance was to be treated as an interest free taqavi and the special rules for taqavi under chapter vii of taqavi rules were to apply to such an advance. on a satisfactory completion of the well, the value of the advance was to be set off against the ..... supurdgi of one suraj lal as custodian and the attached goods were not returned to him and nothing was heard about the recovery processes till the close of the year 1968. he was arrested on january 27, 1969 on a warrant of recovery for the realization of rs. 420.80 as the price and rs. 41/- as the decretal amount. he ..... due, be recoverable by the collector from the borrower, as if they were arrears of land revenue due by him. chapter vii, taqavi rules, covers a loan of the kind in question. section 279, u. p. zamindari abolition and land reforms act says that any arrear of land revenue may be recovered by anyone or more of the following processes:-- '(a) by .....
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