Court : Allahabad
Reported in : 2009(2)AWC1250
..... in respect of the financial and administrative powers of a village pradhan have been considered by hon'ble mr. justice tarun agrawal, who has referred the matter under chapter v, rule 6 in writ petition no. 45376 of 2008. smt. kamli devi v. state of u.p. and ors. : 2008(4)awc3749 vide order ..... justice for being answered by a larger bench:(1) whether the state government in proceedings initiated for removal under section 48(2) of the u.p. municipalities act, 1916 is required to give any opportunity at the stage of invoking the powers in the first proviso before restraining the president from exercising his financial and administrative ..... the dictates of their own judgment and conscience, uncontrolled by the judgment or conscience of others. discretion is to discern between right and wrong; and therefore, whoever hath power to act at discretion, is bound by the rule of reason and law. (2 inst. 56, 298; tomlin).. there (may) be several degrees of discretion, discretio generalis, discretion .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All498
..... instrument for stirring up dissension and strife amongst the masses and sowing the seeds of revolution and rebellion; (4) the appellant provided certain sums of money to finance delegates who were invited to come to attend the conference in europe (5) by holding out hopes of better economic conditions the appellant and his associates, ..... his associates to produce the original letters in order that they might be used as evidence against the appellant. apart from this however under section 65, evidence act, secondary evidence such as copies of letters may be accepted when the originals have been destroyed or lost. considering the fact that the addressees of these ..... typewriters and that this was evidence that the letters emanated from the same source. learned counsel for the appellant has argued that inasmuch as section 45, evidence act, makes no reference to type-writers the expert evidence on type-written documents was inadmissible. it is true that section 45 makes no reference to type- .....
Tag this Judgment!Court : Allahabad
Reported in : 1973CriLJ1476
..... to this court for setting aside the conviction and sentence imposed upon them.2. the case for the prosecution is that at about 1 p.m. on 17-12-1970 the accused were found gambling on the chabutra of jee sukh's rahat close to a village pathway in village bexua. it is said that the accused were playing the ..... 5. i have heard counsel for the parties at considerable length and i am inclined to accept this reference. the relevant portion of section 13 of the public gambling act 3 of 1867 runs as follows:a police officer may apprehend without warrant any person found gaming in any public street, place or thoroughfare situated within the limits aforesaid or ..... have concurred.4. the main question however which arises for determination in this case is whether the accused have committed any offence punishable under section 13 of the gambling act. the uniform testimony of the prosecution witnesses is that the accused were gambling on the chabutra of jee sukh's rahat situate just a few paces to the south .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]63STC467(All)
..... , the matter would be referred to the government for consideration by a committee headed by the principal secretary, industries department, with the secretaries of the finance and institutional finance department as members, whose decision shall be final.13. in the present case, the eligibility certificate had been issued on the 6th february, 1985. ..... standing counsel representing the respondents at some length and we propose to dispose of the writ petition at the admission stage finally under the provisions of chapter xxii of the rules of the court.4. first, the essential facts: the petitioner's unit, which is engaged in manufacturing coal briquette (block ..... prescribed form. a certificate dated 29th may, 1985, was duly issued to the petitioner showing that the petitioner's unit had been registered under the factories act. the director of industries, moradabad region, moradabad, had granted an eligibility certificate to the petitioner on 6th february, 1985, certifying that the petitioner is .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)227CTR(All)388; [2010]186TAXMAN88(All)
..... ' under the income- tax act as the intention of the legislature by inserting chapter xiv-b in the statute book, which provides for special procedure for assessment of search cases only. search cases arise on the basis of ..... lucknow; mansarovar urban co-operative bank ltd., ground floor, a-969, indira nagar, lucknow; hotel mansarovar international- hardwar, moti bazar, hardwar; sh. p.k. pandey-g.m.(finance) of u.p. avas sangh ltd.; sri anil kumar and amita singh at meerut; and sri ajay kumar lucknow on 17/18.10.2001. during the search operation, seizure operation ..... documents seized during the course of search in pursuance to the warrant of authorization which is in the joint name and that too by invoking the provisions of chapter xiv-b in an individual capacity but she can be assessed jointly only as association of persons or body of individual as per the definition of word 'person .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2225
..... operations entrusted to the multipurpose workers? came over to the panchayats in, 1999 and continued to work there; they were all along paid from the finances of the department of agriculture; they remained for the purpose of their service rules including promotional avenues tubewell operators in the irrigation department, but they received ..... 1993, our constitution was given its 73rd amendment whereby various sub-articles under article 243 were introduced. the basic article of article 40 contained in the chapter of the directive principle? of state policy was always there. this was the amendment directed at decentralization and local self-government. the idea was that ..... prior approval of the prescribed authority appoint from time to time such employees as may be considered necessary for efficient discharge of its functions under this act in accordance with such procedure as may be prescribed:provided that the gram panchayat shall not create any post except with the previous approval of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3680
..... thereof. the appellate side rules of the calcutta high court were also placed before the apex court showing that the application of the limitation act was not excluded therein. considering rule 3 chapter viii of the appellate side rules under the letters patent , the apex court held that the division bench was, therefore, right in ..... exposition of law laid down therein.7. one m/s fair growth finances services ltd. was notified on 2nd july, 1992 under the provisions of special courts (trial of offences relating to transaction insecurities) act 1992, (hereinafter preferred to as the 'special courts act'). all properties belonging to it stood automatically attached by operation of law ..... application to a proceeding under the contempt of courts act.63. it has been repeatedly held by the apex court that a decision is an authority of what it actually decides and not what logically follows. (see state of orissa v. sudhanshu shekhar misra and ors. : (1970)illj662sc , union of india v. dhan devi 1996 .....
Tag this Judgment!Court : Allahabad
Reported in : [1983]6ITD16(NULL)
..... source of income of the assessee was from subscriptions. the assessee has given a comparative statement showing total subscription, total expenditure and total establishment expenses from 31-12-1970 to 31-12-1974 year-wise. they show that ad hoc subscription is taken from the members and if at the end of the year it is found that ..... to pay, shall be credited to the general fund and that no expenditure from such fund shall be made in contravention of section 15 of the indian trade unions act, 1926, but may be applied towards the carrying out of the objects of the association. rule 35 provides that in the event of dissolution, the central board ..... and, therefore, not liable to be taxed.3. the facts relevant to the point at issue are as follows. the assessee association is registered under the indian trade unions act, 1926, whose membership is confined to persons whose undertakings in business, trade, industry, and agriculture form part of or are connected with the j. k. group of undertakings .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]65STC443(All)
..... by the supreme court was that even on meals served to casual visitors in restaurant was not taxable as a sale under the bengal finance (sales tax) act, 1941 (as applied to the union territory of delhi). this was held to be so whether a charge was imposed for the meal ..... court in the cases before the forty-sixth amendment, that has been cured.19. in chittar mal narain das v. commissioner of sates tax [1970] 26 stc 344 (sc) the honourable supreme court held that on account of the restriction imposed by the statute there was no sale and ..... with retrospective effect to be applicable with effect from 2nd february, 1983. it is the date of commencement of the constitution (forty-sixth amendment) act, 1982. it is said that the power to legislate carries with it the power to legislate retrospectively as much as prospectively. this power of legislation ..... involved in that case in the present petition.20. in the result the writ petition is dismissed under chapter xxii, rule 2 of the rules of court. .....
Tag this Judgment!Court : Allahabad
Reported in : [1995(70)FLR89]; (1994)IILLJ740All
..... other manner in the process of promotion. he has accordingly observed that the interpretation given by the majority in rangachari's case the general manager, southern railway v. rangachari (1970-ii-llj- 289) to the effect that it permits reservations in the process of promotion, is not permissible and as such cannot be sustained.10. it has been observed ..... the territory of india. it is the constitutional obligation of all authorities civil and judicial, in the territory of india, created under article 144 of the constitution to act in aid of the supreme court. if it is held that it is open to an authority to examine a decree or order of the supreme court for the ..... s power under article 142(1) to do complete justice is entirely of different level and of a different quality. any prohibition or restriction contained in ordinary laws cannot act as a limitation on the constitutional power of this court. once this court has seisin of a cause or matter before it, it has power to issue any order .....
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