Court : Allahabad
Reported in : AIR1963All214
..... ', but would be a sale of immovable property.for these reasons the difference between the definition of 'immovable' property for the purposes of the registration act and the civil procedure code would probably be found to be smaller than has, by some authorities, been supposed.' registering officers should apply the principle contained in the ..... (1928 edition) at pages 13 and 14:'owing, perhaps, to the varying definitions of 'immovable property' and to the wording in section 2, registration act, 1908, there is considerable want of uniformity in the practice followed in different parts of the country when registering deed? of transfer or hypothecation of standing ..... so imbedded for the permanent beneficial enjoyment of that to which it is attached.' a similar exemption is made in section 2(6) of the indian registration act, which states that''immovable property' includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC666; (1998)2UPLBEC886
..... land from the mortgagor on payment of proportionate amount of the mortgaged money by the society notwithstanding anything to the contrary contained in the transfer of property act, 1882 (act iv of 1882): provided also that with the mutual consent of the society and the outgoing member such cash compensation as may be determined in the ..... land contributed by him to the co-operative farming society may, subject to the provisions contained in section 169 of the u. p. zamindari abolition and land reforms act, 1950, make a testamentary disposition of such land, and, with the permission of the co-operative farming society, any other disposition. (4) every member of co ..... chapter to prevail over other law.--the provisions of this chapter shall take effect notwithstanding anything to the contrary in this act or any other enactment for the time being in force.' p. co-operative societies rules, 1968 ;'291. without prejudice to the provisions of clauses (a) and (b) of section 78 and in addition to .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(75)LC516(Allahabad)
..... exhaust fans in addition to other own products. it was claimed that the regulators were classifiable under sub-heading 8479 of the schedule of the central excise tariff act, 1985 having description of 'machines and mechanical appliances having individual function not specified or included elsewhere in chapter 84'. the assistant collector, however, classified the product ..... under sub-heading no. 8501.00 of the aforesaid act taking the help of section no. 4 of section xvi. the petitioner took the matter before the appellate collector of central excise where it was held that ..... , the petitioner had a remedy of appeal against the tribunal's order before the supreme court as provided under section 35l of the central excises and salt act, 1944 but this course was also not adopted by the petitioner for the reasons best known to it.5. for what has been stated above, the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All377
..... documents.21. in the trial court no question was raised about the incompleteness of the contract for want of compliance with the provisions of section 30, government of india act. mr. kunzru who has argued the case of the plaintiffs before us with ability, strongly contended before us that he had raised the points in the trial court ..... by correspondence or other documents of informal nature, though fully established by evidence, must fail and be said to offend the terms of section 30, government of india act. in our opinion, it is a sufficient compliance with the terms of section 30 if the agreement is expressed in writing, and this writing may comprise of a ..... that the agreement of 12th may 1931, was an oral agreement or, at best, evidenced by a series of letters and documents, whereas section 30, government of india act, requires that the agreement should have been by a formal deed. it. is further contended that the agreement was that a formal deed would be executed between the secretary .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)ILLJ789All; (1997)2UPLBEC1315
..... the supervision of the employees of the corporation. the artisans who manufactured leather goods on the orders and specifications of the corporation were provided with the finance as well as other help by the corporation so as to enable them to continue with their work of manufacturing leather goods. the duties attached to ..... have an efficacious alternative remedy for the redres-sal of their grievances in the forum provided for under the provisions of the u.p. industrial disputes act and, therefore, this court while exer- cising the extraordinary jurisdiction envisaged under article 226 of the constitution of india should decline to interfere leaving it ..... year of continuous service in the industry. 21. the continuous service of a workman as envisaged under section 2(g) of the u.p. industrial disputes act embraces within its fold even an interrupted service where the interruption is. caused or based on the grounds or reasons enumerated therein which include sickness authorised leave .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)64TTJ(All)475
..... and not for purposes of profit any income of that educational institution will be exempt. after all, what are the ingredients of s. 10(22) of the it act, 1961. firstly, there should be 'any income'. secondly, that income should be of an university or other educational institution. thirdly, educational institution should exist solely ..... brotherhood through education (vasudhaiv kutombkam). achievement of this objective does not militate against the appellant's claim of exemption under s. 10(22) of the it act. in fact, this was cited as a concrete step taken by the institution towards achievement of the highest ideals preached in the aims and objects of the ..... the learned senior departmental representative also. in this iii paper book after giving genesis of the dispute, analysis of ingredients of s. 10(22) of the it act, 1961, has been examined. during the course of assessment proceedings, detailed submissions were made by the assessee profusely extracting from assessee's letters dt. 16th feb .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All495; (1957)IILLJ225All
..... factory'. the main question, however, urged by the petitioner is that it is not engaged in any industry specified in schedule i. schedule i of the act of 1952 specifies the following industries:--'cement, cigarettes, electrical, mechanical or general engineering products, iron and steel, paper and textiles (made wholly or in part ..... 60 persons when the employees' provident funds act was applied to the factory.the employees are engaged in cutting, shaping, grounding and soldering brass and iron sheets to prepare torches and its various parts for ..... issued to the opposite party. a counter-affidavit has been filed. in the counter-affidavit it is stated that the factory was registered under the factories act for metal galvanising, turning, lacquer painting, plating and enamelling and they started manufacturing in the year 1949. in november, 1952, they were employing more than .....
Tag this Judgment!Court : Allahabad
Reported in : [1964]15STC711(All)
..... could revise their earlier decision and exclude certain articles which they had earlier included in the certificate of registration. section 7(4) of the central sales tax act reads :a certificate of registration granted under this section may be cancelled by the authority granting it, where it is satisfied that the dealer to whom ..... the certificate of registration after due enquiry, as required by the statute and there being no justification for a subsequent revision of the decision, the respondents acted without jurisdiction in seeking the impugned amendment.no other submission has been made before us.we will take the submissions seriatim.8. rule 13 of the rules ..... made an application to the first respondent, the sales tax officer, sector ii, kanpur, for registration under section 7(1)/7(2) of the central sales tax act, 1956. the petitioner specified the following goods or classes of goods which it ordinarily purchased in the course of inter-state trade-cotton staple fibre, yarn, wastes, .....
Tag this Judgment!Court : Allahabad
Reported in : (1880)ILR2All465
..... to support the conviction, that where an entry upon property is in itself illegal, that is sufficient to establish one of the criminal intents required by section 441. because an act is illegal in the sense that it is a breach of a man's duties and obligations under the civil law to obey and submit to any process that is ..... sought to be enforced against him by execution or otherwise, it does not follow as a necessary consequence that that act is criminally unlawful and therefore punishable. the intent with which the act is done must be established by clear and convincing evidence of such character and description as the particular nature of the case requires.3. so .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ1683
..... problem by reason alone of the manner or circumstances in which or the place at which it is carried out. necessarily, much depends upon the nature of the act, the place where it is committed and the sinister significance attached to it.21. placing reliance on the following observations in harpreet kaur (mrs.) harvinder singh bedi ..... blackleg during a bitter srike spreading terror these are invasions of public order although the motivation may be against a particular private individual. the nature of the act, the circumstances of its commission, the impact on people around and such like factors constitute the pathology of public disorder. it may be a question of ..... singh alias late kamala singh resident of mohalla azad nagar, p.s. kherabar, district gorakhpur, who has been detained under section 3(3) of the national security act, 1980 (for short 'nsa') challenges the order dated 20-6-1999 clamped by the district magistrate, gorakhpur-respondent no. 2.2. counter and rejoinder affidavit have .....
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