Court : Allahabad
Reported in : 1999(3)AWC2103
..... to be known as 'the national commission' for minorities to exercise the powers conferred on, and to perform the functions assigned to it, under the act. section 9 of the act in chapter iii envisages the functions of the commission. the commission shall perform all or any of the following functions, namely, (a) to evaluate the progress of ..... to give evidence on oath or produce document ; it creates duality by establishing two courts for same purpose and thereby barred in law ; section 10 provides for finance and account of the commission* ; the whole expense of the commission will be borne by citizens of india which is in contravention of article 27 because taxes paid ..... 1. on going through this writ petition and the supplementary affidavit, it transpires that the real prayer of the petitioner is to quash the national commission for minorities act. 1992 (parliament act no. !9 of 1992) on the ground that it is violative of the preamble and articles 14, 16(1), 51a(e and f) of the constitution .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1999All109
..... that the respondents-registrars be directed to recognise this working committee in terms of the orders under section 25 of the societies registration act by the prescribed authority. the connected writ petition no. 37023 of 1994 was filed on behalf of the mission through its president, sri umesh chandra saxena, and others including the aforesaid sri b.d ..... its civil jurisdiction and as such all rigours of the code of civil procedure would be applicable. the hon'ble judge further relied on rule 39 of chapter xxx of the allahabad high court rules to say that when the matter become contentious the application for letters of administration would be treated and registered as a ..... hon'ble single judge. 47. during this appeal, another objection was taken, of a preliminary nature, on the ground that the allahabad high court rules in chapter xxx indicate as to what would be the pro forma for an application for letters of administration and the instant application was one following that pro forma in .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)205
..... oct., 1998, inserted section 260a in the it act providing appeal to high court and making the reference provision obliterate in respect of the orders passed after 1st oct., ..... and its perpetration shall result in miscarriage of justice nothing would preclude the court from rectifying the error this court in s nagaiaj v. state of karnataka : (1994)illj851sc , held 'review literally and even judicially means re-examination or reconsideration basic philosophy inherent in it is the universal acceptance of human fallibility yet in the ..... maintainability of a reference under section 256 of the it act against the order relating to rectification application. it may be stated here that order passed prior to 1st oct., 1998, by the tribunal could be challenged by way of reference under section 256 before the high court. finance act no. 2 of 1998, w.e.f, 1st .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC765
..... annexure-5 to the affidavit of petitioner no. 2. furthermore, the petitioner no. 2 has filed annexure-6 with his affidavit which is photostat copy of the receipt issued under chapter viii of the allahabad high court rules about the steps taken by the petitioners for respondents 2 and 3 of the writ petition on 1.5.1998. so it was ..... cited an authority of the apex court in the case of ravi s. naik v. union of state with sanjay bandekar and another v. union of india and others, jt 1994 (1) sc 551. that matter related to the high court staying the disqualification of a member of state legislature. there the apex court said that it is settled law that ..... passed by hon'ble b. dikshit, j., in the writ petition aforementioned from which this contempt case has arisen which is punishable under section 12 of the contempt of courts act, 1971. a severe sentence is called for in the circumstances but the fact that smt. madhuri srivastava is a woman, being taken into consideration. i am of the view that .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)2UPLBEC959
..... other backward classes of citizens in accordance with the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other back- ward classes) act, 1994 and notify the vacancies to the board in such manner and through such officer or authority as may be prescribed.(2) the procedure of selection of ..... others first div. second div. third div.training(a) theory 12 06 03(b) practical 12 06 03-------------------------------------------------------------------appendix-5the relevant part of regulation 1, chapter ii and appendix-a are as follows :chpater iiappointment of heads of institutions and teachers.(sections 16-e, 16-f and 16-ff)regulation 1 : the ..... elected amongst the members of the society under a scheme of administration. the committee of management also has to ensure proper utilisation of grants and income (chapter 1, regulation 13(iv) to (vi) of the intermediate regulations). an institution receives money from students towards from boys' fund. this is under .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ521
..... of the legal profession, the interest of the public and modes of appointment and removal. thereafter the hon'ble supreme court observed : : [1994]1scr348 :it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel and the government advocate, additional government advocate, deputy ..... principles of natural justice.83. in olga telis v. bombay municipal corporation : air1986sc180 while dealing with the provisions of section 314 of the bombay municipal corporation act, in which vast powers were given to the municipal corporation to remove pavement dwellers without any show cause notice. hon'ble chandrachud, c. j. (as ..... the government) held an office of profit under the state. government, but the disqualification (to contest election) stood removed by the retrospective operation of the act. in mundrika prasad singh v. state of bihar : [1980]1scr759 the nature of the appointment of the government pleaders was held by the hon'ble .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
..... may point out that while debating in the constituent assembly various relevant provisions of the constitutions of different countries have been taken into consideration and this chapter xviii of our constitution relating to emergency in which articles 355 and 356 appear, is borrowed from section 48 of the werner constitution of germany ..... with reasonable prospects of administration in the office.details have been given in s. a. de. smith and rondey brazier constitutional and administrative law (7th edition 1994 page 174 and e. s. wade & a. w. brandly constitutional and administrative law llnd edition, 1993.'110. emphasis supplied by us indicates that ..... legislature concentrates in itself the virtual control of both legislative and executive functions, and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them.'in the same decision it was also held .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)182CTR(All)481; [2002]258ITR594(All)
..... liable to exemption.4. sri prakash krishna, learned standing counsel for the revenue, submitted as follows :section 14(3) was inserted in the indian income-tax act, 1922, by the finance act, 1955, providing that tax shall not be payable by a co-operative society including such a co-operative society carrying on the business of banking in respect ..... effect that the burden lay upon the assessee to prove for granting deduction that the income falls within the four corners of the provision granting deduction under chapter vi-a of the income-tax act containing section 80p.(iv) cit v. cellulose products of india ltd. : [1991]192itr155(sc) , wherein it was held that only where there is ..... for this purpose to its members.'13. having given our most anxious thought to the aforementioned main object enumerated as above as also other six main objects and chapter xiii which contains the heading 'loan' which is pages at 33 to 36 of the booklet it is clear to us that the assessee-co-operative society would .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]60CompCas990(All)
..... . sushila bansal, smt. sneh agarwal, anil saran and lakshmi chand. in regard to lakshmi chand, it was stated that he was a nominee director of the uttar pradesh finance corporation, kanpur, who was arrayed as opposite party no. 10 in the company case. the record of the case indicates that the compromise has been arrived at by all ..... speedily by taking recourse to such action as the court considers expedient in the interest of the company. here, admittedly, no proceedings were initiated under section 391 of the act. the question which, however, as canvassed by counsel for the appellant, was that since the proceedings under sections 397 and 398 were being decided on the basis of ..... , counsel for the respondents, that the order dated april 30, 1985, passed by the learned company judge could not be termed as ' judgment' within the meaning of chapter viii, rule 5 of the rules of court. according to sri jagdish swarup, the order dated april 30, 1985, was an interlocutory order not appealable under .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2234
..... scc 7, the supreme court while considering the nature of power of the state government while issuing a notification under section 3 of punjab panchayati raj act, 1994, for constituting a gram sabha laid down the following principles for classifying the functions in paragraph 7, which is extracted below :'7. the principles of ..... been adverted as to in which district what infrastructures facilities are available. during more than six years several development activities had taken place involving huge finance of state exchequer. other development activities in newly created districts had also taken place, details of which have already been given above e.g., ..... examined at various levels from time to time and noticing extreme difficulties on administrative and financial side, the board of revenue as well as the finance department submitted their recommendations that newly created districts and divisions arc neither desirable nor viable and thus should be abolished. a detailed note was prepared .....
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