Court : Allahabad
Reported in : AIR2005All147
..... the respondent-state of uttar pradesh. an impleadment application has been filed by one shri ram chandra in the case of vashishtha kumar jaiswal, who has also been heard under chapter xxii, rule 5-a of the allahabad high court rules and on whose behalf submissions have been advanced by shri v. b. upadhyay, learned senior counsel assisted by shri ..... which such a policy decision was taken. in the instant case the said policy decision of reverting back to grant of lease under chapter ii is neither violative of any of the provisions of the 1957 act or the 1963 rules nor does it suffer from the vice of unconstitutionality. the contention of the petitioner, therefore, on this score is also ..... can make new laws by changing the basis of any judgment. this principle of law was laid down way back in shri prithvi cotton mill's case, reported in air 1970 sc 192 and which has been explained in p. kannadasan v. state of tamil nadu, air 1996 sc 2560 (para 13). the state government has omitted rule 9(a) .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC709
..... accrued to them during the intervening period. while deciding the said case, the apex court placed reliance upon its earlier judgments, particularly in trilokchand motichand v. h.b. munshi, air 1970 sc 898, wherein it has been observed that the principle, on which the court proceeds in refusing relief to the petitioner on the ground of laches or delay, is that ..... on the part of person moving the court.'7. the apex court also placed reliance upon its earlier judgment in r.n. bose v. union of india and ors., air 1970 sc 470, wherein it has been observed as under :'it would be unjust to deprive the respondents of the rights which have accrued to them. each person ought to be .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(98)ECC709; 2008(222)ELT497(All)
..... that durability of bought out items in manufacture of plant and equipment under section 2(f) read with section 3 of the act falling under chapter sub-heading 8479.90 of the central excise tariff act, 1985 having been decided by the commissioner (appeals) on 22.3.2000 which has achieved finality because no further appeal as ..... , central excise, noida, granted personal hearing to the respondent on 25.10.2001 and 29.10.2001, which was attended by sri k.l. sharma, manager (finance) of the respondent. inspite of request being made by the deputy commissioner to provide requantification details and methodology by 31.10.2001, the respondent did not provide any quantification ..... the dutiability of bought out items in the manufacture of plant and equipment under section 2(f) read with section 3 of the act falling under chapter sub-heading no. 8479.90 of central excise tariff act, 1985 having been decided vide order in original dated 14.5.1999 (annexure no. 2) following/referring the judgment of hon' .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC297; (2005)2UPLBEC1362
..... vigilance commission and therefore, looking to the provisions contained in section 8 of the banking companies (acquisition and transfer of undertakings) act, 1970, the apex court held that the ministry of finance, government of india, has no jurisdiction to issue the impugned directives to the banking institutions. it further appears that the bank ..... by the central government in the matters referred to it by the above authorities. its functions and powers are provided in section 8 of chapter iii of the act. section 8(g) and (h) of the act provides as under :'8. functions and powers of central vigilance commission.--(1) the functions and powers of the commission shall be to-- ( ..... compulsory retirement which is major punishment under rule 23-f of the rules and also disentitles him to get pensionary benefits as per para 22 of chapter-iv of the pension rules, which practically amounts to dismissal or removal from service. besides that the disciplinary authority have also not taken into account .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)191CTR(All)264; [2005]275ITR340(All)
..... for holding that the stored articles have undergone a 'process' within the meaning of section 2(7) of the finance act, 1973, and therefore, running of a cold storage was not an industrial company.'8. section 80hh of the act provides deduction in respect of profit and gains from industrial undertaking or hotel business established in backward area. for ..... identical facts. the bench followed the earlier decisions of the supreme court in cit v. d.c. shah : [1969]73itr692(sc) and prem nath and ors. v. cit : [1970]78itr319(sc) and distinguished the later decision of the supreme court in cit v. r.m. chidambaram pillai, : [1977]10itr292(sc) . the division bench decision is binding upon us ..... is himself a member, nor can he be employed by his firm, for, a man cannot be his own employer. the provisions in chapter iii in this view of the matter, of the partnership act, amply define and delineate the duties, obligations and rights of the partners vis-a-vis the firm.' in the case of suwalal anandilal .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2447
..... and other legal proceedings and to do all things necessary' for the purpose for which it was constituted.'33. under section 12 of the act a society can amend its bye-laws. chapter iii of the said act mention who can be a member of a cooperative society and what are his rights and liabilities. under section '26 a person may be ..... single judge rejected the preliminary objection and held that there was deep and pervasive state control over the affairs of every cooperative society registered under the up. cooperative societies act. he further held that the cooperative societies were performing duties of a public nature.5. with great respect to the learned single judge we cannot agree that the cooperative ..... being done only with a view to earn profit for the members of the society.11. in co-operative central bank limited v. additional industrial tribunal. andhra pradesh, air 1970 sc 245, the supreme court observed that the bye- laws,of a co-operative society framed under the provisions of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2604; (2005)ILLJ385All
..... firms by way of clean overdraft for huge amount much beyond the discretionary powers that were vested in him in deliberate violation of the instructions contained in para 12 chapter xiii of the banks book of instructions. a few such instances are given in statement a annexed. in many of these cases the outstanding have become doubtful of ..... that sri r.b. prasad retired in 1985 is not disputed : it is clear from the letter dated 20.12.1985 written by the petitioner to the ministry of finance and filed by the petitioner as annexure-20 to the first supplementary-affidavit. the inquiry report on the second and third charge-sheet is dated 12.4.1989, thereafter ..... petitioner has been denied any reasonable opportunity.21. the petitioner has cited two decisions in support of this submission :* the first one is k. mohan v. distt. controller, air 1970 cal 131 (16). it has held the same thing as held by us.* the other case is dakshinamoorthy v. distt. signal telecom. engineer, air 1989 mad 201, this .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3000
..... substantive post. sub-clauses 1 (b) to (g) provide for determination of seniority of teachers in a grade and determine all dispute. regulation 3 of chapter iii of the act is quoted as below :'3. (1) the committee of management of every institution shall cause a seniority list of teachers to be prepared in accordance with ..... thus the state government provided for post-graduate diploma in science subjects for taking intermediate classes. the government order dated 16.1.1966 issued with the concurrence of finance department provided that the science teachers of intermediate classes of the new government aided higher secondary schools who are b.sc., l.t. and have passed the ..... as lecturer physics on 12.7.1967 and is continuously working and is getting salary. his appointment was approved by the district inspector of schools on 9.1.1970, by which the approval was given to the recommendation of the selection committee appointing him on probation for one year. in list of seniority prepared by the .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... fulfillment of necessary conditions. the provision relating to constituent and autonomous colleges have been provided under sections 41 and 42 of the act.chapter 8 of the act deals with the matter relating to admission and examination. section 45 provides the conditions in compliance of which a student should be ..... to pursue their courses from the state own medical colleges or the college or universities financed by the state.conclusion:62. in view of discussion as discussed hereinabove relating to four issues, the present controversy is summarised as under :(i ..... duty is cast upon the state government to provide facilities of education atleast through the government owned medical colleges or the colleges and universities financed by the state uniformly and equally to all persons residing in the state without discrimination. creating 100% institutional reservation indirectly prohibit the petitioner .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2318
..... entitled subject to the provision of article 311(i) of the constitution, to delegated the power of dismissal to my offer. [state of u.p. v. ram nareshilal, air 1970 sc 1263 : (1970) 3 scc 173.]24. the power vested in a public body to transfer on deputation, any official must be exercised honesty, bonafide and reasonably. it should be used in ..... of the supreme court, was held to satisfy the requirements of probation in his parent department in terms of rule 12 (2) of the delhi higher judicial service rules, 1970.16. the benefits can not be denied on the only ground that he had given his consent to go on deputation. it is well known that many officers have to ..... unreasonable terms and conditions in violation of article 14 of the constitution as well as section 23 of the indian contract act as well as rule 14-a of the financial rules as contained in financial handbook, vol.. 2-a, chapter iii, governing the employees of state of u.p. the actions of the respondents are in clear violation of law .....
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