Court : Allahabad
Decided on : Nov-23-1978
Reported in : AIR1979All234
..... zaheer.the state government nominated sri hashim raza abdi (defendant no. 4), who refused to accept the nomination on the ground that the board as constituted in the year 1970 still existed and only its notification was to be done. sri imtiaz husain and defendant no. 4 in the meantime filed writ petition no. 758 of 1974 in this ..... members; (iv) three members, one of whom shall be a mutawalli of a waqf to which this act applies having an annual income of not less than (rupees three thousand), one shall have knowledge or practical experience in respect of finance and administration, and the third shall be an alim, to be co-opted by the members referred to ..... holding election, co-option and nomination for constituting a new board and after complying with the necessary formalities prescribed in the act, a new board was constituted in the year 1970, but its term could not commence as the publication of the notification by the government was stayed by this court in writ petition no. 784 of 1969 .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-07-1978
Reported in : AIR1978All490
..... court in haratoh chand's case : [1970]1scr479 (supra).10. the matter can be looked into from another aspect. the u. p. excise act was amended by amendment act 6 of the 1972 whereby a new chapter vi-a containing section 37-a was inserted. the newly added chapter vi-a contains special provisions regarding prohibitions ..... whereas section 37-a deals with prohibition of import, export, transport or possession of intoxicants. the amendment act 6 of 1972 ..... 1 to 74. reliance was placed on section 75 in this behalf which reads:--'75. exception of medicated articles :-- nothing in the foregoing provisions of this act applies to the import, manufacture, possession, sale or supply of any bona fide medicated article for medicinal purposes by medical practitioners, chemists, druggists, apothecaries or .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1978
Reported in : AIR1978All405; [1979]116ITR387(All)
..... the object of the penalty proceedings was to render evasion unprofitable and to secure to the state compensation for damages caused by attempted evasion. chapter xxi of the 1961 act deals with penalty. a separate chap. no. xxii provides for offences and prosecutions, penalty is imposed by the revenue authorities. prosecution for the ..... licence to import artificial silk yarn. the provisional licence was, however, not confirmed. one sri kalyanam, claiming himself to. have influence in the ministry of finance, got the licence of the assessee duly confirmed. on its basis the assessee imported the goods. subsequently the customs authorities found that the licence was invalid, ..... has any penal element. this aspect came up for consideration before a full bench of this court in ragunandan prasad mohan lal v. income-tax appellate tribunal : [1970]75itr741(all) .16. gulati, j. (t. p. mukherjee, j., concurring) held that article 20 affords protection against conviction and punishment for an offence by .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-1978
Reported in : 1979CriLJ228
..... 1898, as in force immediately before such commencement, (hereinafter referred to as the old code), as if this code had not come into force:provided that every inquiry under chapter xviii of the old code, which is pending at the commencement of this code, shall be dealt with and disposed of in accordance with the provisions of this code.15 ..... r 17, chandi kumar v. prabhat kumar biswas : air1968cal216 . the controversy was set at rest by a full bench of this court in farzand ah v. shaukat ali 1970 all lj 789 : 1971 cri lj 29, in which it was held that a revision is no doubt maintainable against the ultimate order of the magistrate passed in conformity with ..... of the appeal sub-section (3) of section 5 was repealed. it was contended in appeal that the presumption under section 5(3) of the prevention of corruption act would not be available to be drawn in appeal. this contention was negatived by the supreme court and it was held that whatever procedure was correctly adopted and concluded under .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-11-1978
Reported in : [1979]43STC107(All)
..... a result of caprice, whim, fancy, or reached on the basis of policy or expediency (see mahabir prasad santosh kumar v. state of u. p. a.i.r. 1970 s.c. 1302 and travancore rayons ltd. v. union of india a.i.r. 1971 s.c. 862). absence of reasons vitiates the conclusions of a judicial authority. in ..... for rejecting the applications :the revising authority discharges judicial functions while deciding the revision and the stay and waiver applications. the order under section 10(4) of the act is subject to scrutiny under articles 136 and 226 of the constitution. the order as such must be a speaking order and the decision given must be supported by ..... , exist so as to attract the provision of section 11(1). the question, however, remains as to whether the legislature while enacting section 11(1) of the act contemplated a reference in respect of an interlocutory order passed under section 10. a revising authority while disposing of a revision passes not only orders adjudicating upon the rights .....
Tag this Judgment!