Court : Allahabad
Reported in : AIR2004All70
..... by necessary implication, hence the order is without jurisdiction and it cannot be said that the said order was passed in exercise of jurisdiction under any central act. the submission is that bar of chapter -viii, rule 5 of the rules of the court will be applicable only when the order has been passed by a court in exercise of any ..... order dated 27th february, 1992 be set aside and the disputed land be directed to be made reserved forest. it appears that review applications were rejected on 9th may, 1994 but the order was subsequently recalled by the additional district judge vide his order dated 30th january, 1999 certain amendments in the review application were also permitted by the court ..... divisional forest officer dated 14-5-1999 (annexure-12) declaring the ex parte order passed by respondent no. 4 in review application no. 2810 of 1992 after 9-5-1994 (order dated 30-1-1999 and amendment in revision made on 15-2-2001 and also the order dated 3-6-2002, annexure-17) as null and void and .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC10; (1999)1UPLBEC697
..... the government or any officer or authority, made or purported to be made in the exercise or purported exercise of appellate or revisional jurisdiction under any such act. rule 5 of chapter viii of rules of court in present form, is after the amendment of 1975. therefore, the effect of the amendment is that if the order has ..... magistrate under the code of criminal procedure functions as court as provided in sections 107, 108. 109, 110, 111, 112 and other sections falling in chapter viii of the code. he also acts as an administrative or executive officer under various other laws. thus he is officer as well as a court.8. sri r. n. singh, learned counsel ..... . 2 referred the dispute to the prescribed authority under section 25 (1) of the societies registration act. 1860, (hereinafter referred to as 'act'), for deciding the doubt/dispute about the legality of the election of the committees of management on 16.8.1994 and 2.6.1996. the reference was made by order dated 10th june. 1996. on basis of .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2060
..... this reservation is over and above the reservation available in accordance with provisions of u.p. public service (reservation in s.c./s.t. and others backward classes) act, 1994. article 15(1) of the constitution of india provides that the state shall not discriminate against any citizen on the grounds only of religion, race, caste, sex ..... 31.10.2001. the petitioners had no occasion to protest, since the criteria was changed by the state government unilaterally. if the fundamental right as guaranteed in chapter iii of the constitution is being violated, the respondent-writ petitioners can approach this court under article 226 of the constitution of india. it is well-settled ..... petitioners have challenged the impugned advertisement, selection and the appointment pursuant thereto on the ground of violation of their rights including the rights conferred on them in chapter iii under articles 14, 15, 16 and 21 of the constitution of india.8. so far as the plea of the policy decision taken by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC3050
..... passed by the learned single judge in the writ petition has the trappings of the final order.14. sri n.k. seth next contended that under rule 5 of chapter viii the special appeal is not maintainable as it has been filed against the interim order as would be evident from the order dated 9.7.2002 and the writ ..... v. deputy labour commissioner, 2001 (19) lcd 247, smt. rama devi v. smt. madhuri verma and ors., 1998 (16) lcd 115 and sita ram lal v. district inspector of schools, 1994 (1) vplbec 24, learned counsel for the respondent contended that in view of the principles laid down in the above cases, this special appeal is not maintainable.4. sri seth ..... upon by him is not applicable in this case.5. according to learned counsel for the respondent no. 3, chapter viii rule 5 of the high court rules is based on a logic that the prescribed authority or the revisional authority which acts as tribunal or court having already appreciated the matter from judicial angle and in order to get finality, the .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)191CTR(All)264; [2005]275ITR340(All)
..... 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. ..... 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 ..... , has held that 'in common parlance, 'processing' is understood as an action which brings forth some change or alteration of the goods or material subjected to the act of processing and in a cold storage, vegetables, fruits and several other articles which require preservation by refrigeration are stored. while, as a result of long storage, scientific .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)143CTR(All)428; [1997]226ITR411(All); [1997]92TAXMAN524(All)
..... and adjusted towards the sale consideration payable to the owner. therefore, a buyer is a person who is interested in the property and sub-section (1a) as inserted by the finance act, 1993, with effect from november 17, 1992, makes this all the more clear. sub-section (1a) stands as under :'before making an order under sub-section (1), ..... challenge on the ground of violation of the provisions of article 14 on the ground of non-compliance with the principles of natural justice. an order of purchase under chapter xx-c in the generality of the cases adversely affects only the purchaser. so far as the vendor is concerned, he, in any case, receives the apparent consideration ..... department had paid and the petitioner had received back the advance. reliance was also placed on a judgment of this court in devesh behari saxena v. deputy cit : [1994]208itr637(all) . this is a judgment in which the judgment of the karnataka high court in rajata trust's case [1992] 193 itr 220 was followed and neither .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)172CTR(All)151; [2002]255ITR111(All); [2001]119TAXMAN105(All)
..... within the statutory period prescribed, those assessees were prevented from claiming the deduction. this was not intended by section 43b, and, hence, the first proviso was inserted by the finance act, 1987, in order to eliminate the hardship to such assessees.7. the question arose whether the proviso to section 43b was retrospective. most high courts held that it was ..... the first revised return and, hence, the interest should have been waived.12. in the circumstances, this writ petition is allowed and the impugned orders dated december 22, 1994, and july 23, 1993, to the extent that they waive interest only for the period beyond one year of the filing of the original return are quashed. the entire ..... under section 17 before respondent no. 1 for complete waiver of the interest, vide annexure d to the writ petition. by the impugned order dated december 22, 1994, that revision was rejected. in that order respondent no. 1 referred to his order of even date under section 264 of the income-tax .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2412
..... of the at cannot be made as arrears of land revenue. the recovery of the arrears of fee under the said provision is to be made under chapter vi of act by distress or sale of movable property.73. the question whether the amount due towards the contract for realisation of tehbazari dues can be recovered as ..... exercise any power or perform any duty or function of the kshettra panchayat under this act and ' kshettra panchayat' shall mean a kshettra panchayat established under this act as it stood before its amendment by the uttar pradesh panchayat laws (amendment) act, 1994, section 5(1) of the adhiniyam 1961 relates to the constitution and incorporation of kshettra panchayats ..... 50 paise, the amount of instalments due for the contact of tahbazari. the recovery certificate issued against haji kallu was challenged in the writ petition no. 26243 of 1994 filed before this court and the operation of the order was stayed. on 21.2.1995 the respondent no. 2 sent a letter to the collector, amroha .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2636
..... in rule 2(44) of the rules to mean obc as defined in section 2(b) of the up public services (reservations for sc, st, and obc) act, 1994. there are twelve constituencies for the committee of management. out of these twelve, three are to be reserved by rotation in the order of alphabets of dev nagri script ..... is applicable which provides that the number of delegates will be as provided in the bye-laws, and in its absence according to the direction of the registrar.14. chapter iii of the rules is titled 'bye laws'. rules 13 empowers the registrar to frame model bye laws. the registrar has framed model bye laws for the cane ..... to frame rules. in pursuance of this, the state government has framed the up cooperative societies rules 1968 (the rules). chapter vii of the rules provides for constitution of general body of the cooperative societies. chapter xxix of the rules provides for election in the cooperative societies.4. the hasanpur cane cooperative has members consisting of individual members .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]86ITR730(All)
..... -tax officer on the ground that failure to realise that amount resulted into a loss of capital nature. although, after the change effected in the income-tax act, 1922, by the finance act of 1949, the provisions of section 12b were not operative in respect of transactions taking place after april 1, 1948, and the provisions relating to set off ..... be set off, the amounts thereof not so set off could be carried forward to the following year and so on for a period of six years. by the finance act of 1949, section 12b as introduced in the year 1947 was amended. according to the amendment, income-tax was to be payable under the head 'capital gains' in ..... relinquishment or transfer of capital assets effected after march 31, 1946, were to be considered to be the income under the head 'capital gains'. by the finance act of 1949, section 12b of the act was amended and it was provided that profits resulting as a result of a transaction of the nature described above, during the period march 31, 1946, .....
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