Court : Allahabad
Reported in : 2001(1)AWC578; (2001)1UPLBEC356
..... inquiry against him.'9. the legal position was authoritatively summed up by the supreme court in 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 ..... 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 ..... of india and the state governments. for example rule 10 of the central civil services (classification, control and appeal) rules. even under the general clauses act, this right is conceded to the employer by section 16 which, inter alia provides that power to appoint includes power to suspend or dismiss. the .....
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 : (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 : 2000CriLJ310
..... be convened or held either by the company or by any shareholder. thiswould safeguard the apprehensions of the respondents arising out of thetransfer of shares to vls finance. once the modalities of the division are worked out and the value of the shares and the forge division is determined, the parties may approach us ..... majority of shareholders.9. as regards the plastic division, because of the capital market conditions public issue could not be resorted to and the board decided to finance the project by resorting to intercorporate deposit. the entire project was executed and supervised by the fourth petitioner mukesh bhargava (son of knb). it was only in ..... india [1977] 47 comp cas 92. a division bench of the bombay high court has held in the said case that chapter vi, which contains sections 397/398 and 402 of the companies act, deals with emergent situations or extraordinary circumstances where the normal corporate management has failed and has run into oppression or mismanagement and .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2383A; (2000)2UPLBEC1387
..... convenient transaction of its business'. a district judge in that case was compulsorily retired from service on the opinion recorded by the administrative committee constituted under rule 1 of chapter iii of the rules of the court. the supreme court held, bearing in mind the nature of power conferred in the high court under article 235 of the ..... and it is difficult to accept that they have no interest in the matter.10. in the case of professor chandra prakash agarwal v. c. d. porikh and others. 1970 (1) scc 182. hon'ble supreme court held that distinction, if any, between the words 'an advocate' in article 233(2) and the words 'an advocate of high ..... impugned rules as 'designation of senior advocate rules, 1999', under section 34(1) of the act has been seriously questioned. shri rajeshwar singh, petitioner no. 2, who appeared in person submitted that section 16 of the act is part of chapter iii of the act. the power to make rules rest with the state bar council as provided under section 28 .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2139; (2002)3UPLBEC2351
..... charges. (leading writ pr. 29 and pr. 34 of writ petition no. 6636 of 1986). chapter v-property-contract, finance and accounts and audit-sections 39 to 51 deal with financial aspects of jal sansthan. section 44 of act. 1975. reads : '44. general principles for jal sansthan's finance.--a jal sansthan shall from time to time so fix and adjust its rates of ..... the petitioners claim to have filed appeal under section 54 to challenge assessment of annual value under section 53 of the said act. hence, impugned gazette notifications cannot be said to be bad ; as also held by this court in 1970 alj 325, hari lal arya v. town area committee. in air 1962 sc 795. it is held that both the ..... taxes on same commodity, if earlier or later law not repealed--shall be valid. b. water charges : 37. contention no. iii : (i) jal sansthan is under obligation under section 69 of act, 1975. (as also .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
..... .p. jail manual.27. these regulations have been framed for the state of u.p. in accordance with the powers conferred by the prisons act. it has chapter 1 to lv = 1 to 55. after chapter 55 it his appendix a to appendix r. some of the appendices are directions issued in accordance with some of the paragraphs while a few of ..... matter for which application may have been moved by the investigating agency calling the prisoner from a prison outside jurisdiction of the said criminal court.the state v. raghuraj singh, 1970 cri lj 78 (all).64. in this division bench decision of this court, there exists an observation towards the fag end of the judgment in para 15 (penultimate para ..... the apex court in hussainara khatoon v. home secretary, state of bihar (1980) 1 scc 81 : air 1979 sc 1360 : 1979 cri lj 1036; a. lakshamanarao v. judicial magistrate, parvatipuram (1970) 3 scc 501 : 1971 scc (cri) 107 : air 1971 sc 186 : 1971 cri lj 253; natabar parida v. state of orissa (1975) 2 scc 220 : air 1975 sc 1465 .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)165CTR(All)72; [2000]246ITR144(All)
..... nor irregular in so far as the petitioner is concerned. this contention, therefore, is negatived. 26. lastly, reliance was placed on rule 68b. this rule was inserted by the finance act, 1992 with effect from june 1, 1992, and the relevant portion reads as under : '68b. (1) no sale of immovable property shall be made under this part after ..... of which the immovable property has been attached, has become conclusive under the provisions of section 245 or, as the case may be, final in terms of the provisions of chapter xx.' 27. this rule, therefore, which did not exist at the time of relevant sale, could not affect the sale that was held in the year 1980. 28 ..... passed by the income-tax appellate tribunal in the appeals of the firm, united provinces commercial corporation, for the assessment years 1967-68, 1968-69, 1969-70 and 1970-71 in which while dealing with the question of limitation in respect of the assessee's appeal before the commissioner of income-tax (appeals) it was observed that the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All127; (2000)1UPLBEC738
..... thus rightly no action was taken. cantonment land administrative rules, 1925 have been framed in exercise of powers conferred under section 280 of the cantonment act, chapter ii of which provides for classification, transfer of land and standard table of rent management, rule 3 casts a duty on the military estate officer ..... kramavant, air 1929 bombay 323; thakur hardeo baksh singh v. pt. vidya dhar, air 1945 oudh 70; shiv shanker v. baikunth. : [1969]3scr908 ; sidramappa v. rajashetty : [1970]3scr319 ; ms. wazir khanam v. deputy director of consolidation, meerut, 1975 awc 481; ganesh jha v. baidyanath jha : air1958pat270 ; malkhan singh v. sohan singh : [1986]161itr386(sc ..... various grounds which are not necessary to be mentioned.this writ petition was finally dismissed with certain liberties to both parties vide order dated 6th july, 1970, the relevant portion of which reads thus :--'the petitioner challenged the validity of this notice on several grounds. it has been alleged that it .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)68TTJ(All)516
..... following grounds :(a) the notice under section 158bc has not been validly issued and served on the appellant and, therefore, no valid order under section 158bc (chapter xiv-b of the act) could be passed.(b) the assessment order, at any rate, did not reflect independent exercise of mind of the assessing officer (in passing the order) ..... unanswered. it was also submitted by the learned counsel for the appellant that the capital cost of the project, which included the investment in factory building also, was financed by the u.p. financial corporation ltd. the 'cost' as incurred by the assessee was within the purview of the financial institution also, which did not ..... the account of these reasons that the impugned assessments, were vitiated and were not sustainable in law requiring vacation. '(ii) sirpur paper mills ltd. v. cwt (1970) 77 itr 6 (sc). in this case the hon'ble supreme court while considering the scope and instruction and directions of central board of direct taxes as contemplated .....
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