Judgment Search Results Home > Cases Phrase: high courts seals act 1950 Court: allahabad Page 1 of about 5,443 results (0.109 seconds)

Smt. Shamim Begum and ors. Vs. Judge, Small Causes Court/Prescribed Au ...

Court : Allahabad

Reported in : 2002(1)AWC775

..... that being so, the order of release having become final after getting seal of the apex court cannot be allowed to be rendered a waste paper particularly on the basis ofproceedings having been initiated just after passing of the high court judgment which suggested that these proceedings have got initiated maliciously.9. ..... sri pankaj naqvi, learned counsel for the contesting respondent drew notice to this court to section 7a of the administration of evacuee property act, 1950 and submitted that no property could be declared as an evacuee property on or after 7th day of 1954.12. ..... in none of the above decisions, the question arising in the present case, namely if release order passed under the act has been affirmed up to highest court of the land can be forestalled by getting proceedings initiated under the administration of evacuee property act, in the facts and circumstances already enumerated above. ..... administration of evacuee property act, 1950 read with rule 31 of the administration of evacuee properly (central) rules, 1950.10. ..... only, prima facie, this court finds that there is no specific mention of serial number or the details in the basic property register as contemplated under the administration of evacuee property act or to show and satisfy this court that the shop in question that it was deliberately omitted in the future basic property register.15. .....

Ram Khelawan Maurya Vs. Committee of Management, Ashok Inter College T ...

Court : Allahabad

Reported in : 2009(2)AWC1814

..... -(1) the government of india may sue or be sued by the name of the union of india and the government of a state may sue or be sued by the name of the state and may, subject to any provisions which may be made by an act of parliament or of the legislature of such state enacted by virtue of powers conferred by this constitution, sue or be sued in relation to their respective affairs in the like cases of the dominion of india and the corresponding provinces or the corresponding indian ..... therefore, from all points of view, the union of india was rightly held by the high court to be a necessary party. ..... the petition was rightly rejected by the high court.12. ..... , provides remedy when a suit is filed in the name of the wrong plaintiff and empowers the court to strike out any party improperly joined or to implead a necessary party at any stage of the proceedings.11. ..... the act, 1950 does not permit other officers to represent the u.p. ..... therefore, care must be taken to ensure that the necessary party is before the court, be it a plaintiff or a defendant, otherwise, the suit or the proceedings will have to fail. ..... state road transport corporation can sue and be sued in its own name through its managing director in view of section 13 read with section 15 of the act, 1950. ..... - every corporation shall be a body corporate by the name notified under section 3 having perpetual succession and a common seal, and shall by the said name sue and be sued.13. .....

Sheo Prasad Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1965All106

..... in this context the words of the proviso to article 225 of the constitution which removed the restrictions on the high court jurisdiction in revenue matters are significant:'provided that any restriction to which the exercise of original jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately he-fore the commencement of this constitution shall no longer apply to the exercise of such jurisdiction. ..... our legal system is based on the english and our income-tax act and sales tax act existed on 25th january 1950 when the constitution came into force. ..... the constitution came into effect on 26th january 1950- it did not create a new legal system, nor a single new court or tribunal except the supreme court. ..... lallamal hardeo das cotton spinning mills company to sales tax in respect of sales made during the assessment years 1949-50, 1950-51, 1951-52, 1952-53 and 1953-54. ..... advani : [1950]1scr621 , mahajan, j. ..... the flaw in this argument is that the rights conferred under part iii of the constitution are ordinary civil rights which were enjoyed by the citizens before 1950. ..... this classification is based on fundamental principles and there is nothing in our constitution to suggest that they stood modified after 26th january, 1950.33. ..... ' : (1950)nullllj921sc . ..... , : (1950)nullllj921sc , mahajan, j. .....

Panna Lal Ram Kishore Vs. the Sales Tax Officer and anr.

Court : Allahabad

Reported in : AIR1965All166; [1964]15STC245(All)

..... them he will be deemed to be a dealer liable to pay the state tax.other provisions exempting goods from the liability will not be ignored and will be taken into account in calculating his tax under the state act, the legal fiction embodied in the second clause is that the assessee is a dealer liable to pay the state tax and not that he is a dealer liable to pay the state tax on the goods which he has sold ..... section 8(2) of the central act came in for interpretation before the high court of mysore in y. ..... .if one were to read only the first clause one would be obliged to hold that the petitioner, who would not have been liable to pay any tax under the state act, will not be liable to pay any tax under the central act and the second clause having been intended to give effect to, and not alter the effect of the first clause should not be interpreted as laying down a rule conflicting with ..... the learned judges pointed out that the non-obstante clause refers to the dealer and not to sales which are the subject matter of taxation, that a state sales tax act usually provides three types of exemptions, one exempting dealers, another exempting goods and the third exempting sales and that the clause simply ignores the exemption given to dealers but not the other ..... 74 of 1950.it defines dealer to mean any person who carries on business of buying and selling goods and turnover to mean the aggregate of the price received in respect of sales of any goods in the course of interstate trade. .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... judge on the ground of delay and the writ appeals and the special leave petitions filed against the order of the learned single judge were dismissed by the division bench of the high court and this court respectively, but that could not be made basis for denying relief to respondent no.1 because his brothers had neither questioned the diversification of land to private persons nor prayed for ..... the facts which have been brought on record and the principles laid down in the judgment in banda development authoritys case it is not possible to sustain the finding and conclusion recorded by the high court that the acquired land had vested in the state government because the actual and physical possession of the acquired land always remained with the appellants and no evidence has been produced by the ..... challenged in the high court on several grounds including the ground that inquiry under section 5a of the act was wrongly dispensed with and the high court dismissed ..... . zamindari abolition and land reforms act, 1950 may not be of much help because if the conforming use of the area is agriculture, and the regional plan 2001 respects agricultural areas any diversion from the conforming use ..... . clearly before the court, today, there is no document to verify that the plans on which the greater noida may yet proceed have the seal of approval by the national capital region planning board and this aspect stands confirmed by the submission which was made on behalf of the board by its member secretary .....

Knight Queen Industries (P) Ltd. Through Its Authorised Signatory Sh. ...

Court : Allahabad

Reported in : [2006]145STC226(All)

..... manufactured in the name ' good knight' and 'banish' could be classified as 'insecticide' for the purpose of levying sales ft tax under the kerala general sales tax act, 1963 and after placing reliance of the madras high court in the aforesaid case of transelektra domestic products (supra) observed:-3 these goods are covered by the provisions of the insecticides act and these goods can be classifiedif a specific entry and cannot be included in unclassified items. ..... toxic) shall contain the symbol of a skull and cross-bones and the word'poison' printed in red;(a) 'keep out of the reach of children'; (b) 'if swallowed or if symptoms of poisoning occur, call physician immediately''(ii) insecticides in category ii (highly toxic) shall bear the word 'poison-' printed in red and the statement 'keep out of reach of children', shall also appear on the label at suitable place outside the triangle;(iii) insecticides in category iii shall ..... 1992 stc 117, orissa high court considered whether 'mosquito repellent mats' which admittedly were 'insecticides', were entitled to exemption as 'pesticides' and it observed :-.the authorities having exempted 'pesticides' from the levy of tax in exercise of powers under section 6 of the orissa sales tax act without having any limitation with regard to the kind of pesticides, it is difficult for us to give a limited meaning to the aforesaid ..... 6 and 36;item 6 'vegetables-except when sold in sealed containers ',item 36 'betel leaves'.the schedule was amended .....

Brijiendra Singh Yadav Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2000(3)AWC2435

..... of relying upon the said questionnaire, the petitioner could have verified about the authenticity of the document from the high court, but if he had not taken such a preventive measure, at the most it could be said that the petitioner has committed an error of judgment in evaluating the authenticity of that document or did not act with due care and caution in performance of his duties, but such lapse on the part of the petitioner ..... sought the clarification or further information, even if the genuineness of that document was doubtful, from the high court as to whether there was any stay order or not, but on account of that negligence, error of judgment, or lack of efficiency or failure to attain the highest standard of judicial ability, if any, the petitioner would not be deemed to have committed an act of misconduct, particularly when there was no allegation made either in the imputation of charges that the ..... a member of higher judicial service in the state of rajasthan, who was senior district and sessions judge and was posted as registrar of the rajasthan high court with effect from 1.7.1989 to 1.2.1994 as well as district and sessions judge at jodhpur with effect from 2.2.1994 to 4.6.1994 and as the district ..... option except to believe the affidavit and the questions and answers issued under the seal of the high court, as correct. 19. ..... the hand and seal of the high court. ..... filed questionnaire on 4.3.1994 bearing seal of the hon'ble high court in the court of sri ahmad shamim, xiv .....

Pramesh Chandra Gupta and ors. Vs. the Registrar, High Court of Judica ...

Court : Allahabad

Reported in : AIR1955All269

..... come into force, the state legislature enacted the indian bar councils (uttar pradesh amendment) act, 1950 by which the original bar councils act was amended in respect of the constitution of the bar council for the new high court, the old bar councils were abolished and a new bar council was to be established by holding elections under the amended act, and for the period that was to elapse before the duly elected new bar ..... council came into existence, the chief justice of the new high court was empowered to constitute an 'ad hoc' bar council.the uttar pradesh government issued a notification, under section 1(3), bar councils act as amended by the indian bar councils (uttar pradesh amendment) act, 1950, on 24-5-1952, applying sections 3 to 16, bar councils act as amended by the indian bar councils (uttar pradesh amendment) act, to the new high court. ..... (2) every bar council so constituted shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and to contract, and shall by the name of the bar council of the high court for which it has been constituted sue and be sued. .....

Cattle Remedies and anr. Vs. Licensing Authority/Director of Ayurvedic ...

Court : Allahabad

Reported in : 2007(2)AWC1093

..... it was among the other things enacted that it should be lawful for majesty to erect and establish a high court by letter patent under the great seal of the united kingdom. ..... , for the encouragement of inventors of new manufacturers that certain exclusive privileges in their inventions should be granted to them in india, and that exclusive privileges obtained under the said act should be protected : it is enacted as follows):appendix-isections 3(a), 3(h) and 33eea of the drugs and cosmetics act, 1940, are as follows:3 (a) 'ayurvedic, siddha or unani drugs' includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease or disorder in human ..... subhash rathi, standing counsel for checking part of this judgment under heading 'the facts, 'points for determination' and the appendices'.end note-2 : the british parliament had enacted an act in the nineteenth century for establishing high courts, in india. ..... by the legislative council of india without the sanction of her majesty to the passing thereof having been previously obtained and signified in pursuance of the statute passed in the seventeenth year of the reign of her majesty, entitled 'an act to provide for the government of india:' and whereas her majesty's law officers having given it as their opinion that the legislative council of india was not competent to pass .....

Addl. Cit Vs. Ram Prasad

Court : Allahabad

Reported in : (2002)176CTR(All)577

..... the period anterior to 1-4-1985, any interest paid to a partner, who is a partner representing his hindu undivided family on the deposit of his personal/individual funds, does not fall within the mischief of clause (b) of section 40 of the act and agreed with the view of rajasthan high court that explanation 2, in the context of clause (b) of section 40, is declaratory in nature.14. in the case of suwalal anandilal jain v ..... in this view of the matter, we agree with the view taken by the rajasthan high court in galanand poonam chand (supra) that explanation 2, in the context of clause (b) of section 40, is declaratory in nature. ..... accordingly, we allow this appeal, set aside the judgment of the high court and answer the question referred under section 256 in the affirmative, i.e. ..... the question, which had been referred by the tribunal to the high court for its opinion, reads as follows :'whether the tribunal was correct in allowing the assessee's claim for interest paid on the credit balance in the individual account of sri rajendra kumar.'10. ..... the high court opined that the explanation was inserted by the parliament with a view to settle the controversy as to the meaning and effect of the said clause among the several high courts on that the explanation puts a seal of approval on the view taken by the majority of the high courts. ..... there was a partition in the joint family on 9-11-1950, and a firm was formed with effect from the assessment year 1952-53. .....