Court : Allahabad
Reported in : AIR2006All67; 2006(1)AWC208; IV(2006)BC532
..... have gone through the section 4 of the government savings banks act, 1873. ..... is entitled to operate the accounts in accordance with section 4 of government savings banks act, 1873.2. ..... a non-obstanti clause under such sub section in respect of making the nominee entitled to receive the amount under the deposit in exclusion to others but such sub section indicates about the relationship between the bank/post office and nominee under the instrument regarding discharge of their responsibility alone. ..... dispute about succession will be governed by the respective succession act alone. ..... in other words pious desire of the legislature was to make easier banking transaction in between bank and post offices in one hand and depositors under the instrument on the other ..... for the purpose of valid discharge of the liability of the bank or the post office this principle will apply as a matter of privity between the depositors and bank or post office, but taking the advantage of this law, successory right of the family property to which he or they are not the party or parties, cannot be ..... the general principle which has been discussed above in the instant case, the bank or post office themselves doubted the nominees nomination factually. ..... question of fraud or forgery can not be adjudicated simply by application of section under the act but by the appropriate evidential test of a fact finding court. ..... , however, can be claimed by the heirs of the assured in accordance with the law of succession governing them. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All421
..... 1,000/-each for notes of lower denomination without making a declaration as provided in section 6 of the ordinance.the relevant portion of section 6 is as follows:'6(1) notwithstanding anything to the contrary contained in the reserve bank of india act, 1934 (ii of 1934), any high denomination bant note held by a person other than a bank or government treasury shall after the 12th day of january 1946 be exchanged only on tender of the note for exchange by the owner thereof in the manner provided in this section. ..... quote an example, in section 6, sub-section (1) the words are 'any high denomination bank note held by a person other than a bank or government treasury'.if the word 'person' was not intended to include a bank or government treasury in section 4 then it was not necessary to make this exception in section 6. ..... argument advanced by learned counsel is that section 4 deals with the case of dealings between an individual and another, while section 6 deals with a case where a private individual goes to a bank or a government treasury and wants to deposit or to exchange a high denomination note after the 12th of january, 1946.9. ..... 4 of the ordinance is as follows:'save as provided by or under this ordinance, no person shall after the 12th day of january 1946 transfer to the possession of another person or receive into his possession from another person any high denomination bank note. ..... section 4 of the ordinance starts with the words 'save as provided by or under this ordinance. .....
Tag this Judgment!Court : Allahabad
Reported in : [2001(90)FLR348]; 2001LabIC3906; (2001)2UPLBEC1550
..... court in the aforesaid decision noticed the difference employed in the language of section 6of the government saving certificates act, 1959 and section 39 of the insurance act but held that the effect of both the provisions is the same. ..... of section 6 of the government saving certificates act. ..... as it stands after the amendment may now be reproduced as under :'5 (1) notwithstanding anything contained in any law for the time being in force or in any deposition, whether testamentary or otherwise, by a subscriber to or depositor in a government or railway provident fund of the sum standing to his credit in the fund, or of any part thereof, where any nomination, duly made in accordance with the rules of the fund, purports to confer upon any person the ..... at the time when the matter was considered by the full bench may be quoted as below :'subject to the provisions of this act, but otherwise notwithstanding anything contained in any law for the time being in force or any disposition whethertestamentary or otherwise, by a subscriber to, or depositor in, a government of railway provident fund of the sum standing to his credit in the fund, or of any part thereof, any nomination, duly made in accordance with the rules of the fund, ..... ) will govern the interpretation of section 5 of the provident fund act.10. ..... section 6 of that act also contains a clauseentitling the nominee to be paid thesum due on the saving certificate tothe exclusion of all other persons.the said section also begins with anon .....
Tag this Judgment!Court : Allahabad
Reported in : [2002]112CompCas562(All)
..... the date of handing over possession and royalty tax exemption on limestone will be available to the bidder for a period of10 years in case any land has been acquired the permission of state government under section 44a of the land acquisition act, 1984 for sale of transfer of the property in favour of the bidder and no additional/ further payment shall be required to be made or if the land has been required by private purchase by upsccl to arrive and clear ..... in a winding up petition an official liquidator was appointed and had taken custody of the assets of the company after preparing an inventory in the presence of secured creditors on an application filed by some other bank claiming to be secured creditor before the debt recovery tribunal, an advocate commissioner was appointed who required the official liquidator to appear before him and upon his failure moved before the tribunal on which an order ..... . (5) that the request made by the state government to the hon'blc court was by way of helping and assisting the liquidator in the disposal of the company's property under section 457(1)(c) to save time instead of initiating the process afresh at his ..... however, no effective results have been achieved in pursuance of the directions given by this court as such the state government in order to assist official liquidator to expedite the matter and for ensuring compliance of court's order dated 8-12-1999 and to save public money, and since the labour union and other staff of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2002All342; (2002)3UPLBEC2749
..... was irregular on which only a simple interest asapplicable in the savings bank account rate could be given. ..... 1 of the said table provides that a gazetted government officer, an officer of a government;company or of a corporation or of a local authority, or an officer of a corporate body like a marketing committee established under a state act and authorised by the state government in this behalf, in his official capacity, or the reserve bank of india can purchase the certificates on behalf of the persons whose moneys are held as deposit or such officer otherwise with such officer or the reserve bank. 8. ..... view of the above, the writ petition is allowed and the respondents are directed to make the payment of the amount of the aforesaid national savings certificates within a month from the date of production of a certified copy of this order after calculating the total amount as on the date ..... some irregularity in depositing the amount through a proper person, the respondents cannot turn to say that as the deposit originally was irregular, the amount as specified in the national savings certificates on maturity shall not be paid to the board who has invested the amount in purchasing the certificates. ..... there are two questions, firstly, whether the president of the board was entitled to purchase the national savings certificates (vth issue) and secondly, even if the purchase of the certificates was irregular, whether the respondents can deny the board to pay the amount as stipulated .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)102CTR(All)18; [1991]192ITR229(All); [1991]59TAXMAN206(All)
..... ), (xxix), (xxxi) and (xxxii) (not being deposits under the post office savings bank (cumulative time deposits rules, 1959), to the extent the value thereof exceeds, in the aggregate, a sum of two hundred and sixty-five thousand rupees ; (2) wealth-tax shall not be payable by an assessee in respect of any deposit made by the assessee with the government or in any security of the government or of a local authority not specified in clause (xv) or clause (xvi) or clause (xvia) of sub-section ..... the summary of what the appellate assistant commissioner, wealth-tax, held in a common appellate judgment boils down to a finding that 'securities' contemplated under section 5(1)(xxii) of the act are securities which have been voluntarily acquired by the person as a part of savings promotion which the government is encouraging and not the kind of bonds of the type of zamindari abolition compensation bonds and zamindari rehabilitation grant bonds. ..... the marked distinction between the meaning given to the expression 'government security' in the two acts referred to above is that, while under the indian securities act, 1920, the 'government security' must be issued in respect of 'any loan contracted' either before or after the passing of the said act, the one under the public debt act, 1944, must be created and issued by the government for purposes of 'raising a public loan' and 'having one of the forms' enumerated in sub-clauses .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC805
..... (iii) that to cover up your aforesaid fraudulent acts you surreptitiously recovered the packets containing the savings bank vouchers of the material dates, which included the above ..... thousand one hundred liya hai aur teeno dino ka sab savings bank voucher bhi swayam nasht kar diya hai. ..... 8100/- on different dates from the savings bank account of a customer and destroyed the withdrawal vouchers and further he made entries in the ledger account without being authorized and also interpolated the entries in the ..... ledger account in your own handwriting although you were not authorized to do so, as you were, not working on the savings bank state on the material date. ..... lapses you made fictitious and incorrect entries in the savings bank pass-book. ..... to quote the confessional letter of the workman dated 28.6.1976 as below:'nivedan hai ki deena nath prasad ke savings bank khata no. ..... rupiya ki dinaak 28.7.1975 ko savings bank ledger no. ..... it would be relevant to quote the wordings of the joint statement of the employees which is extracted hereinbelow:'shri krishan kumar srivastava, cashier state bank of india, ballia city ne apne dwara galat kiye gaye karyon ko hum sabhi karamchariyon ke samaksh rote huye sweekar kiya aur yeh bhi sweekar kiya ki isme maine kisi anya karamchari ..... this petition is directed against an order of the central government industrial tribunal dated 21.7.1997 accepting the reference of the workman and directing his reinstatement ..... the central government industrial tribunal, .....
Tag this Judgment!Court : Allahabad
Reported in : 1975CriLJ1122
..... of the money to the accused is concerned that has been prima facie established by the evidence on the record, it is further clear that the money was not deposited by the accused in the government treasury and that the specific purpose for which the money was handed over namely the opening of the new savings bank account was not complied with by the said post master. ..... property, it does not contemplate the creation of a trust with all the technicalities of the law of trust.in my view, therefore, the entrustment of money by a person to the post master for opening a new savings bank account would amount to 'entrustment' within the meaning of section 409, indian penal code. ..... 2540/- to the accused for opening a new savings bank account under the head 'karamchari nirikchit betan', the accused who was the post master received the money and ..... has relied upon the provisions of the indian trusts act and on that basis he has submitted that handing over of money to an official of the bank for opening a new savings bank account would not amount to entrustment within the meaning ..... to therein has not to be construed in a strict sense according to the provisions of the indian trusts act, but it has to be given a very wide and liberal interpretation. ..... , the use of the expression 'in any manner entrusted with the property' itself indicates that the entrustment need not be strictly in accordance with the ingredients as contemplated in the indian trusts act, but can be made in any other manner. ..... act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All234
..... the whole amount subscribed by all the servants of the board and contributed by the board itself must be placed in one savings bank account although a certain proportion of the amount in deposit may from time to time be withdrawn and invested in government securities or placed in fixed deposit in the imperial bank. ..... under section 172, district boards act, act 10 [x] of 1922, power has been given to the local government to make rules consistent with the act, among other things, generally for the guidance of a board or any committee of a board or any government officer in any matter connected with the carrying out of the provisions of this act acting under this provision of the district boards act the local government made certain rules regarding officers and servants of district boards and officers and servants ..... the objection of the plaintiff respondent was that this regulation was not sufficient to empower the board to withhold the contribution as it was not in strict compliance with section 6(b), provident funds act, which clearly lays down that such withholding can only be made where the subscriber or depositor has been dismissed from his employment for any reasons specified in this behalf in the rules of the fund. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)3UPLBEC1966
..... entire amount of family pension at the rates, specified in the foregoing paragraphs of this judgment (subject to further revision) in the savings bank account no. ..... on behalf of the respondents that the grant of family pension to the petitioner is governed not by the amendment act of 1986 but by the central civil service (pension) rules.6. ..... service of the high court judges are governed by high court judges (conditions of service) act, 1954 (hereinafter referred to as 'the act of 1954'), as amended from time to ..... in the present writ petition is whether a widow of a high court judge who died prior to the commencement of the high court and supreme court judges (conditions of service) act, 1986 is entitled to family pension according to the provisions made in the high court judges (conditions of service) act, 1954 as amended in the year 1986 or according to the central services (pension) rules, applicable to the officers of central services group 'a'. ..... as applicable to the particular facts proved or assumed to be proved since generality of the expression which may be found there is not intended to be exposition of the law but governed and qualified by particular facts of the case in which such expressions are to be found. ..... consequent upon the revision of family pension of families of central government pensioners with effect from 1.1.1986, you are also requested to please revise the family pension of the families of part i and part ii judges of high courts and supreme court, as .....
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