Court : Allahabad
..... to quote paragraphs 18,20 and 21 which are as under: "18. in the instant case, admittedly the notice under sub-section (4) of section 13 of the securitization act has been issued on 7.4.2007. but long before that, the company has been declared a sick industrial company by an order of the bifr dated 14.11 ..... the money as is sufficient to pay the secured debt. (5) ........... (6) ........... (7) ........... (8) ........... (9) in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercise any or all of the rights conferred on him ..... court in integrated rubian exports ltd. v. industrial finance corporation of india ltd. (supra) of kerala high court, referred newly introduced proviso by act 54 of 2002, all the courts have considered effect of the above proviso in light of a measures taken under section 13(4) of the sarfaesi act, 2002 and it was held in madras petrochem .....
Tag this Judgment!Court : Allahabad
..... situate at avantika colony, hadbast, vilalge mehroli, tehsil and district ghaziabad. the proceedings under section 47-a(iv) of indian stamp act, 1899 (hereinafter referred to as the "act") were initiated pursuant to a spot inspection made by additional district magistrate, finance and revenue, ghaziabad and his report dated 20.10.2010, stating that value set forth ..... different upto 1997 but thereafter the legislature has made certain attempt to lay down guidelines also for revenue to determine market value. 9. under section 47-a of the act the obligation is on collector to find out correct market value of property which is alleged to have not been mentioned in the instrument. ..... instrument would not be a market value of the property in question. the collector being under an obligation to determine market value under section 47-a(3) of the act read with rule 7 of 1997 rules thereafter would make inquiry in accordance with procedure prescribed thereunder and find out the correct market value .....
Tag this Judgment!Court : Allahabad
..... food grains and other essential commodities and for securing of their equitable distribution and availability at fair prices, in exercise of the powers conferred under section 3 of the essential commodities act, 1955 (act no. 10 of 1955) read with order of the government of india, ministry of consumer affairs, food and public distribution, department of food and ..... that identifies the culture to which it belongs. for this reason, language has been called "conceptual map of human experience".' in reserve bank of india v. peerless general finance and investment co. ltd. [(1987) 1 scc 424] apex court stated as follows: "..............if a statute is looked at, in the context of its enactment, with ..... to the words." apex court in the case of chairman, indore vikas pradhikaran vs. m/s. pure industrial cock and chemicals ltd air 2007 sc 2458 has mentioned that an act should be interpreted having regard to its history and the meaning given to a word cannot be read in a different way than what was .....
Tag this Judgment!Court : Allahabad
..... required under the law to the police and in case of refusal, may make appropriate application before the appropriate court of criminal law by way of applications under sections 155 or 156 of the criminal procedure code. similarly, in case the parents or relatives, find that illegally their son or daughter was eloped for the purpose of marriage ..... court. in the case of tanushree upadhyay @ tanushree tripathi and another vs. state of u.p. and others, civil misc. writ petition no. 59575 of 2007, decided on 04th december, 2007 a bench of hon'ble dr. justice b.s. chauhan (as his lordship then was) and hon'ble mr. justice arun tandon, has passed the following ..... on that day at lincoln memorial placed him in the rank of lincoln and franklin. said historical march led to enactment of the civil right act, 1964, voting right act, 1965 and fair housing act, 1968. for the first time, after more than a hundred and fifty years of independence, it ended discrimination against the racial, ethnic, rational .....
Tag this Judgment!Court : Allahabad
..... as has been done in the present case. variety of functions to be performed by the board has been provided for under section 32 of waqf act 1995 and other provisions of the act. under section 32 of the act in question, the general superintendence of all waqfs in the state vests in the board established in the state and it is ..... variety of powers has been assigned to the board and it is practically impossible for the board to supervise the functions of large number of waqf under section 32 of waqf act 1995 and other sections. delegation, as there are 99,000 waqfs is not a matter of mere convenience, rather it is necessity, as power/authority vested in body of ..... any building or structure thereon, which, in the opinion of the board is necessary for execution of the works and execute such works from wakf funds or from the finances which may be raised on the security of the properties of the wakf concerned, and control and manage the properties till such time as all expenses incurred by the .....
Tag this Judgment!Court : Allahabad
..... ourselves to examine the challenge to the conduct of e-auction. recovery of debts due to banks and financial institutions act, 1993 (for short 'the act') confers power under section 29 of the said act with the debt recovery tribunal to sell the property of the certificate debtors in terms of 2nd and 3rd schedules to ..... " challenge in the present writ petition is to the instructions dated 13.06.2012 (annexure p-13) issued by the government of india, ministry of finance directing the presiding officers of the debt recovery tribunals to conduct all auctions electronically (for short "the e-auction"). though the petitioner has also challenged the ..... of e-auction for sale by presiding officers of the debt recovery tribunals was under challenge. instructions were issued by the government of india, ministry of finance to the presiding officers of the debt recovery tribunal to conduct all auctions electronically (e-auction). the said instructions were challenged. the sale by presiding officers .....
Tag this Judgment!Court : Allahabad
..... to pay tax on the income of the year 1949-50 assuming it to have accrued under the repealed state law, for a "different intention" clearly appears in sections 2 and 13 of the finance act read together 'as indicated above." it is true that whether a different intention appears or not must depend on the language and content of ..... case, the conclusion is irresistible that the respondent has no right to file an appeal under section 33 of the act, 1976 in the year 2007 challenging the order passed by the competent authority dated 31st march, 1997 passed under section 8(4) of the act, 1976. the appeal was not maintainable and the district judge had no jurisdiction to hear the ..... that this is on the record that in the khatauni entry the name of kanpur development authority has been recorded since before the repeal act, 1999. the appeal was filed by the respondent in the year 2007 against the order passed by the competent authority dated 31st march, 1997 i.e. after a decade and by that time the name .....
Tag this Judgment!Court : Allahabad
..... be computed with reference to the rate of exchange specified therein." 10. after the substitution by finance act, 2002 w.e.f. 1.4.2003 the position is quiet different." shri shambhu chopra appearing for the revenue submits that section 43-a of the act restricts the grant of investment allowance on the increased cost of assets due to foreign exchange fluctuation. ..... sc) in which the supreme court held that the word "profit" in section 80 hhc (1) and (3) of the act means a positive profit. sub-section (3) (c) hows that "profits from such exports" has to be profits from exports of self- ..... other provision of the act. the circular no. 636 dated august 31, 1992 of the c.b.d.t does not provide for negative profits. it also shows that only positive profits can be considered for purposes of deduction under section 80 hhc. shri chopra has relied upon a.m. moosa v. commissioner of income-tax (2007) 294 itr 1 ( .....
Tag this Judgment!Court : Allahabad
..... is of conducting educational institutions." 13. in american hotels and lodging association educational institute (supra) the supreme court analysed the provisos to section 10 (23c) (vi), vide finance (no.2) act, 1998 and observed that section 10 (23c) is analogous to section 10 (22), and to that extent the judgments of the supreme court as applicable to ..... no allegation that the petitioner had deviated from the object. the society was granted exemption upto assessment year 2001-02 and the assessment upto the year 2007-08 were pending. the respondents had denied exemption merely on the suspicion that it may deviate from the object in future. the society was assessed to ..... and has been granted a registration certificate under section 12a of the income tax act. the society is regularly assessed to 'nil' income by the assessing authority from 2003-04 to 2007-08. the returns filed by the society have been accepted regularly under section 143 (1) of the act. 3. by this writ petition the petitioner .....
Tag this Judgment!Court : Allahabad
..... -section (1) that where an estimate of the value of any investment is required to be made, the ao ..... reopening the assessment. 10. for the aforesaid reasons, we are of the view that the ao committed gross error of law in reopening the assessment under section 147 of the act. both the income tax appeals are allowed. the questions of law are decided in favour of the assessee-appellant and against the revenue. the department will ..... books is not verifiable and was doubtful. the tribunal found that section 147 regarding "income escaping assessment" precedes with the words "if the assessing officer has reason to believe". the tribunal referred to the amendment made in section 142-a in income tax act by finance (no.2) act, 2004 retrospectively w.e.f. 15.11.1972 providing under sub .....
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