Court : Allahabad
Reported in : 2009(4)AWC3484
..... re-entry and the new rate of rent.9. with the aforesaid observations, the instant writ petition is finally disposed of and the application under section 21(1)(b) of the act is allowed with embargo that the accommodation in question shall be reconstructed within the stipulated period and an option of re-entry be given to the tenant ..... get an alternative accommodation in the city like kanpur. it is also true that some time will be consumed by the landlord in getting the map sanctioned, arranging for finances and seeking permission for reconstruction. following the decision in the case of state of u.p. v. additional district judge, 1997 (2) arc 173, wherein this court ..... 6. counsel for the petitioners has placed reliance on a decision of this court in the case of shyam lal gupta v. 1st additional district judge, moradabad and ors. 2006 (62) alr 612. in the aforesaid case, the map of the new construction was not sanctioned by the appropriate local authority and, therefore, the writ petition was .....
Tag this Judgment!Court : Allahabad
Reported in : [2010]320ITR142(All)
..... 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. ..... 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 ..... the assessment under section 143(1)(a) of the act had become final between the parties. in view of the proviso to section 142a of the act, reference to the departmental .....
Tag this Judgment!Court : Allahabad
Reported in : [2010]187TAXMAN88(All)
..... the similar situation wherein the delay in filing the appeal before the commissioner of income-tax (appeals) was caused due to the pendency of the application under section 154 of the act has observed as follows:having heard the learned counsel for the parties, we are of the opinion that the commissioner of income-tax (appeals) as well ..... exercising due diligence and was not lethargic in filing the appeal against the order dated 25-9-2002. record of the case further shows that the proceedings under section 154 of the act took a long time which resulted the delay in filing the appeal.14. the hon'ble supreme court in collector, land acquisition, anantnag v. mst. katiji ..... the advise and action taken by the counsel in the matter. the appellant had every hope of securing the necessary relief under section 154 of the act. however, the said application under section 154 of the act was rejected on 20-10-2003 and the said order was served on the appellant on 25-11-2003. immediately thereafter the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3438
..... release application, he would suffer greater hardship. the prescribed authority directed him to vacate the tenanted accommodation within 30 days. the petitioner preferred an appeal under section 22 of the act and continued to reside in the said accommodation by virtue of an interim order. an application was filed by the petitioner at the appellate stage under order xli ..... to construct two rooms for his own use. it is surprising that the petitioner has all along contested the release application up till this stage. sufficient amount of finance must have been spent by him which could very well be used in getting some constructions made on his own plot. it is also settled law that the ..... the contesting respondents badre alam.2. the judgment dated 18.11.2008, passed by the prescribed authority/civil judge (senior division), kanpur nagar in rent case no. 10 of 2006, badre alam v. mohd. gayas, and judgment dated 17.3.2009, passed by the a.d.j, vth, kanpur nagar in rent appeal no. 128 of 2008, .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3680
..... by hon'ble single judge vide order dated 18.12.2006, formulating the following two questions to be answered by a larger bench:(i). whether the decision in pallav sheth case : 2001crilj4175 , can be construed so as to apply all the principles enshrined in the provisions of the indian limitation act (except section 17 thereof) and as to whether the same can be ..... raised therein and the exposition of law laid down therein.7. one m/s fair growth finances services ltd. was notified on 2nd july, 1992 under the provisions of special courts (trial of offences relating to transaction insecurities) act 1992, (hereinafter preferred to as the 'special courts act'). all properties belonging to it stood automatically attached by operation of law due to above .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3538
..... case no election is provided in the bye-laws of the society and it is only nomination, hence the deputy registrar has erred in law in proceeding under section 25(2) of the act for the constitution of the managing committee of the society.5. for consideration of the aforesaid submission of the learned counsel for the petitioner, the provisions for ..... institution have not been duly attested and the committee has not been constituted in terms of the bye-laws of the society, hence under the power conferred by section 25(2) of the act, the deputy registrar has taken steps for constituting the committee of management. then, by order dated 14.5.2009, which has also been impugned in this ..... . the last renewal of the society was granted on 13.7.2001, which was for a period of five years, that is upto 12.7.2006. then, a meeting was convened on 11.6.2006 by the secretary/principal, which was attended only by the nominated working president and the secretary (who has filed this writ petition) in which it .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3443
..... the similar situation wherein the delay in filing the appeal before the commissioner of income tax (appeals) was caused due to the pendency of the application under section 154 of the act has observed as follows:having heard the learned counsel for the parties, we are of the opinion that the commissioner of income tax (appeals) as well ..... 496 (sc), has held that as far as possible the court discretion should be exercised in favour of hearing and not to shut out hearing. section 14 of the limitation act also provide that in computing the period of limitation for any suit the time during which the plaintiff had been prosecuting with due diligence another civil proceeding ..... , j.1. the aforesaid writ petition is directed against the order dated 10.3.2000, passed by respondent no. 1 whereby the application filed under section 5 of the indian limitation act, 1963 has been allowed.2. the brief facts of the case are as follows:3. the petitioners are the landlords and owners of the disputed premises .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2010All24; 2009(4)AWC3806
..... the judgments of the hon'ble supreme court of india in the case of shin satellite public co. ltd. v. jain studios ltd. : (2006) 2 scc 628 : 2006 (2) awc 1259 (sc) and b.o.i. finance ltd. etc. v. custodian and ors. : air 1997 sc 1952, for alleging that bad part of the agreement can be separated from the ..... may record that if the conditions incorporated in compromise requiring the petitioner to withdraw all the proceedings initiated against the petitioner is held to be hit by section 28 of the indian contract act then the compromise itself is rendered bad as a whole, inasmuch as the compromise was arrived at between the parties on the principle of 'give and ..... proceedings, a compromise is arrived at out of own sweet will for withdrawal of the proceedings against each other, then such compromise cannot be permitted to be hit by sections 28, 57 and 59, inasmuch as no restrain is being placed upon institution of the proceedings, as suggested by the petitioner. such an agreement is arrived at by .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)225CTR(All)188; [2009]315ITR48(All)
..... general public utility not involving the carrying on of any activity for profit.' thus, the scope of the definition was changed by the income-tax act, 1961, especially after an amendment in section 2(15) by the finance act, 1983, with effect from 1st april, 1984.26. in the instant case, the assessee is not only providing traditional education but also preparing ..... the assessment years 2002-03, 2003-04 and 2004-05 and an application dated march 16, 2004, for the assessment years 2005-06, 2006-07 and 2007-08 were moved under section 10(23c)(vi) of the act.22. writ petition no. 2310 of 2000 preferred by the petitioner was allowed by this court by the judgment and order dated may 23 ..... for the assessment years 2002-03, 2003-04 and 2004-05 and an application dated march 16, 2004, for the assessment years 2005-06, 2006-07 and 2007-08 were moved under section 10(23c)(vi) of the act. writ petition no. 2818 of 2000 (m/b) and writ petition no. 2310 of 2000 (m/b) challenging the search conducted at the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC3118
..... be looked at as it stands without having recourse to collateral circumstances to be proved by extraneous evidence.20. the word 'instrument' has been defined under section 2(14) of the act which includes every document by which any right or liability is, or purports to be, created, transferred, limited extended, extinguished or recorded.21. in ..... submissions of learned counsel for the parties and perused the record.5. it may be noted that lease of immovable property has been defined in section 105 of the transfer of property act which means transfer of right to enjoy such property, made for certain time, express or implied, or in perpetuity, in consideration of a ..... orders dated 27.2.1992, passed by the additional district magistrate (finance and revenue), firozabad and dated 12.1.1993 passed by the chief controlling revenue authority, board of revenue, u.p. at allahabad in a proceeding under section 33/40 of the indian stamp act, initiated against the petitioners demanding a sum of rs. 59,656 .....
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