Court : Allahabad
Reported in : [2010]320ITR142(All)
..... for the department and sri ashish bansal learned counsel for the respondent.4. learned standing counsel submits that in view of the provisions of section 142a of the act which was inserted by the finance (no. 2) act, 2004, with effect from november 14, 1972, the assessment proceedings could not have been set aside. the submission is misconceived. the assessment ..... smt. amiya bala paul v. cit : [2003] 262 itr 407?2. the original assessment under section 143(1)(a) of the income-tax act, 1961, was completed on november 19,1992. the reassessment proceeding under section 148 of the act was initiated and on the basis of the report of the district valuation officer investment in the property was ..... has become final between the parties before section 142a was inserted, i.e., september 30, 2004. that being the position we do not find any illegality in the order of the tribunal.5. we mention here that similar view has been taken by this court in i.t.a. no. 476 of 2005, cit v. leather trends p. ltd .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)3UPLBEC1963
..... sold or service rendered.6. in our opinion, the petitioner is neither selling any goods, nor rendering any service of the kind envisaged by section 2(1)(o) of the act. section 2(1)(o) states :' 'service' means service of any description which is made available to potential users and includes the provision of facilities ..... year at vipin bihari degree college, jhansi and he was declared failed in the examination of b.sc iii year. he filed a complaint under section 12 of the consumer protection act before the consumer disputes redressal forum, jhansi, the respondent no. 1, in which he prayed for summoning of the answer copy and declaration ..... in connection with banking, financing, insurance, transport processing, supply of electrical or other energy, board or lodging or both, entertainment, amusement or the purveying of news .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC3130
..... two brothers have constructed their independent houses they are not entitled to the benefit of section 20 (4) of the aforesaid act.9. the revisional court has held as under:fo}ku vf/kodrk iqujh{k.kdrkz }kjk ;g rdz j[kk x;k fd vf/kfu;e 13 lu~ 1972 dh ..... houses, as such, they are not entitled to the benefit of section 20 (4) of the u. p. urban buildings (regulation of letting, rent and eviction) act, 1972 (hereinafter referred to as 'u. p. act no. xiii of 1972').8. on issue no. 3 regarding benefit of section 20 (4) of u. p. act no. xiii of 1972, the trial court has held that since ..... {k.kdrkz dks vknsf'kr fd;k tkrk gs fd ;g iz'uxr leifrr ls viuk dctk gvkdj izr;fkhz dks 30 fnuks es dctk iznku djsa afnukad 2-5-2005 ,u0 ,0 tsnhvoj ftyk u;k;/kh'k d{k la0 11vyhx .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC547
..... the time fixed, before the date of retirement is reached, the employee has 'locus poenitentiae' to withdraw the proposal for voluntary retirement. this view was subsequently followed in power finance corporation ltd. v. promod kumar bhatia, (1997) 4 scc 280 and shambhu murari sinha v. project and development india and anr., 2000 (3) awc 2330 (sc) ..... office-tenure forthwith, and cannot, therefore, be withdrawn or revoked thereafter. but, if he by such writing, chooses to resign from a future date, the act of resigning office is not complete because it does not terminate his tenure before such date and the judge can at any time, before the arrival of that ..... servants and constitutional functionaries in the case of a government servant or functionary who cannot, under the conditions of his service or office, by his own unilateral act of tendering resignation, give up his service or office. normally, the tender of resignation becomes effective and his service or office-tenure terminated, when it .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)1CompLJ178(All)
..... , 2005, is binding upon the bank to accept the same mandatorily. factually, twice the ots has been rejected on 20th march, 2006 and 15th may, 2007. the order has been passed under section 13(4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, from which alternative forum of appeal under section 17 ..... 5 of paragraph 55, it has been pointed out by the learned counsel, that supreme court held reserve bank of india, is one of the watchdogs of finance and economy of the nation in certain cases i.e., deal with rate of interest which can be struck down, interest calculated thereon and charged and capitalised etc ..... the purpose of deciding whether the interest-charged is excessive, usurious or opposed to public policy.3. we have gone through the particular section being section 35a of sub section 1 & 2 both of the banking regulation act. 1949 as quoted herein.4. 35-a. power of the reserve bank to give directions.- (1) where the reserve bank .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3975
..... , lahurabir, varanasi and anr. v. asstt. registrar firms, societies and chits, varanasi and ors. reported in 2005 (1) awc, 11.7. learned counsel for the respondent further submitted that:* that under section 4 of the act assistant registrar has power to approve the list of the office bearers and this power is not mechanical and in ..... about the committee of management or its office bearers, such a dispute cannot be resolved by the registrar in exercise of his powers under section 3(a) and section 4 of the act. the only course left open to him is to refer the dispute for consideration and determination by the prescribed authority. 12. in the ..... finns societies and chit, faizabad division, faizabad has held sri nagendra kumar pathak to prosecute the proceeding for the renewal of the certificate of registration under section 3a of the act. such order was challenged on the ground that the assistant registrar had no jurisdiction to decide such issue and the matter ought to have been referred .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ3648; II(2002)DMC430
..... , 1973. sub-section (4) of section 3 of the act expressly provides for issuing a warrant for levying the amount of maintenance of mehr or dower due in the manner provided for levying the fines under the code ..... 1996 jic 30, wherein it was held that there was nothing to indicate that the provisions of code of criminal procedure would apply to the applications given under the act and, therefore, section 397, cr. p.c. was not applicable. it was further held that there being no other provision under which an order of a magistrate may be challenged, ..... re-married and is not able to maintain herself to pay her such fair and reasonable maintenance as he may determine fit and order.7. exercising power conferred by section 6 of the act, the muslim women (protection of rights on divorce) rules, 1986 have been made. rule 2(b) provides that the code means the code of criminal procedure .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC399
..... vesting of the land and taking possession thereof, the notification for acquiring the land could not be awarded or cancelled in exercise of power under section 48 of the land acquisition act. power under section 21 of the general clauses art cannot be exercised after vesting of the land statutorily in the state government.15. thus, the law can ..... be examined as the petitioner has challenged it at a belated stage, and it is admitted to the petitioner himself that by invoking the provisions of section 17(1) of the act the possession of the land has already been taken on 10.08.2007. had the petitioner been diligent enough and was willing to challenge the acquisition ..... in mandir shree sita ramji v. land acquisition collector and ors. : air2005sc3581 ; and state of kerala v. v.p. kurian (2005) 11 scc 493.14. in banglore development authority v. r. hanumaiah and ors. (2005) 12 sc 508, the hon'ble supreme court placing reliance upon its earlier judgment in pratap and anr. v. state of rajasthan and .....
Tag this Judgment!Court : Allahabad
Reported in : 2(2007)BC127
..... no. 7) shows that on 24.12.2004 the learned magistrate after hearing directed that case be registered and fixed 19.1.2005 for recording the statement under section 200 of the code. under section 142 of the act the important date is the date of taking cognizance in the matter.9. now it has to be seen as to when the ..... the cheque within fifteen days of the receipt of the said notice.6. the cognizance of the case is to be taken by the magistrate as provided under section 142 of the act. this section reads as under:cognizance of the offence: - notwithstanding anything contained in the cr.p.c. 1973 (2 of 1974)(a) no court shall take cognizance of ..... (3), he cannot be said to have taken cognizance of any offence. devarapalli lakshminarayana reddy and ors. v. narayana reddy and ors. : 1976crilj1361 .10. in the case of cref finance ltd. v. shree .shanthi homes (p) ltd. and anr. : 2005crilj4524 , the hon'ble apex court while considering the import of the word cognizance taken by the magistrate held .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1523
..... under section 198 (4) of the u. p. zamlndari abolition and land reforms act were initiated against the petitioners. the application of the complainant was rejected by the order dated 24.4.03, passed by the additional collector (finance and revenue), ghaziabad. against that order the complainant filed a revision which has been allowed by the order dated 10.10.2005, ..... chatterji counsel for the petitioners that full trial has to be undergone does not appear to have any force in view of the provisions of section 198 (4) and (5) of the act and rule 178a. the criteria for allotment and the manner in which it is to be made and for cancellation of the allotment is provided ..... to initiate the enquiry and cancel the patta. for these reasons the code of civil procedure is not applicable to an enquiry under section 198 (4) of the u. p. zamindari abolition and land reforms act. the decision of the board cited above does not lay down the correct law. opportunity of hearing has been granted to the .....
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