Court : Allahabad
Reported in : (1976)ILLJ246All
..... lal bhargava's case, and the application was rejected. the latter full bench observed :now coming to the merits, we must point out that the learned chief standing council assumed that our judgment is based on the note to rule 49a. that is not so. we have in our judgment analysed the main clauses of rule 49a and ..... the argument put forward on behalf of the state that the appointing authority will be justified in ignoring the procedure prescribed by the department instructions if otherwise it has acted within the scope of the rule which confers a discretion to it of the widest amplitude has hardly any tenability. any departmental rule or instruction in the nature ..... have not become final and while deciding the special appeals we can take into consideration the amended rule.20. section (5 of the u.p. general clauses act can be of no help as the section by itself provides that the provisions contained therein shall be applicable unless a different intention appears from the amending or repealing .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All190
..... the judgment in air 1974 all 211. we find no good reason to take a different view. 5. the bar council of india has framed rules under section 15 of the advocates act, 1961 (hereinafter referred to as 'the act') for preparation of electoral roll and prescribing disqualifications for membership. rules 4 (a) and 4 (b) are contained ..... 7113 of 1973 = (reported in air 1974 all 211), but these contentions were repelled and it was held that the bar council did not exceed its jurisdiction in changing dates of election and that it acted within its jurisdiction in postponing the date and fixing dates for polling. the contention that the electoral roll had been prepared in ..... 3. briefly, the facts giving rise to the present petition are that the term of the members of the bar council of uttar pradesh expired on 4th april, 1973. according to the provisions of the advocates act and the rules framed thereunder the preparation of electoral roll should have been done within 120 days before the expiry of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All121
..... had no locus standi to file the appeal. the objection was overruled by the bar council and the appeal was allowed. consequently, the advocate filed an appeal under section 38 of the bar councils act to supreme court. the advocate contended that the order passed by the bar council of india was without jurisdiction as the appeal filed by the advocate general before the ..... was also required to consider the scope and ambit of the words 'person aggrieved' used in section 37 of the advocates act, 1961. in that case one adi pherozshah gandhi, who was an advocate, was called upon by the bar council of the state of maharashtra to show cause as to why he should not be held guilty of misconduct. the advocate .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]47CompCas323(All)
..... and as such the government is not bound by any decision which has been taken thereon.47. under article 75(3) of the constitution of india the council of ministers is collectively responsible to the houses of the people. the principle of collective responsibility means that the decision or action taken by any minister is ..... agreement') was executed for the purpose of having an equitable distribution of nylon yarn at concessional prices at the instance of and under the supervision and approval of the central government. on 21st november, 1973, the commission received a memorandum from the all india crimpers association, bombay, consisting of 23 members bringing to the notice of ..... of preliminary investigation by the director as is required in a case covered by section 10(a)(i) of the act. the reason for this is not far to seek. a reference by the central government or the state government or art application by the registrar presupposes that the said government or the registrar had already .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All83
..... v. arabinda bose : [1953]4scr1 in which their lordships of the supreme court interpreted section 2 of the supreme court advocates (practice in high courts) act, 1951, which provides:--'notwithstanding anything contained in the indian bar councils act, 1926, or in any other law regulating the conditions subject to which a person not entered in the roll of advocates of a high court ..... .'the decision of the supreme court in substance was that even though there may be anything contrary in the indian bar councils act, 1926 yet by virtue of the provisions of the supreme court advocates (practice in high courts) act, 1951, an advocate enrolled under the new act was entitled to practise in the various high courts, naturally, therefore, the enacting provisions of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All135
..... sections are really entitled to get special relief and assistance.to that end, further investigation was obviously indicated. even so instructions were issued by the central govt. to the state government requesting them to render every possible assistance and to give all reasonable facilities to the people who came within the ..... lack of adequate educational aids, such as free studentship, scholarships and monetary grants. 5. lack of residential hostel facilities. 6. unemployment among the educated which acts as a damper on the desire of the members to educate their children; and 7. defective educational system which does not train students for appropriate occupations and ..... published copies. they also stated that, according to the information rendered by the joint secretary to the u. p. public service commission, no bare acts would be supplied in hindi. the petitioners alleged that they had throughout studied in hindi medium in school, college and university and they would be discriminated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All78
..... with the land, it was ineffective to bind the petitioner who was a purchaser at a court auction. reliance was strongly placed by the learned counsel on the privy council decision in nur mohammad peerbhoy v. dinshaw hormasji-motiwalla (air 1922 pc 393). our pointed attention was invited to the observations of the judicial committee to the effect ..... enlarge the rights which a lessor possessed either under the general law dealing with the subject of landlord and tenant or under the provisions of the t. p. act. the act has placed restrictions on the rights of the landlord to obtain eviction of his tenant on such grounds as are mentioned in section 20 or 21 of u. ..... contained therein might be one running with the land. this contention, in our opinion, is unsound and is consequently unacceptable. 15. section 40 of the t. p. act, on which reliance has been placed for the submission that the entire law on the subject regarding covenants running with the land has been codified is not concerned with .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1982)2ITD654(All.)
..... 1975 and rs. 1,000 thereafter and from these interest payments no tax was deducted at source, as required by section 194a of the income-tax act, 1961 ('the act'). the iac, therefore, issued to the assessee-company a show-cause notice giving the assessee a specific opportunity for showing cause why penalty should not be ..... 22-10-1970 whereby there was exemption from deduction of tax at source on payments made to any undertaking or body including a society registered under the societies registration act, 1860, financed wholly by the government. in these circumstances, according to dr. vaish, considering the purpose of chapter xvii under which section 194a appears, it ..... co-operative cane development union or co-operative cane development council. in addition to the penalty, the iac also charged interest as laid down under section 201(1a) for the default of the assessee of not deducting tax at source and crediting them to the central government's account. the details of the penalties imposed and .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD536(NULL)
..... the parties hasa not been truly stated in the instrument of transfer with the object of recuction or evasion of tax liability of the transferor under the it act or facilitating concealment of income or assets of the transferee.this is a fit case for initiating proceedings under saection 269c. issue notice under section 269d( ..... 1979]118itr326(sc) . he also arguaed that qua the defintion of transfer, the acquisition proceedings when though started well, could not be continued in view of the finance act, 1981. he also submitted that no opportunity was afforded to shri virendra saran regarding the acquisition proceedings against the soicety. next, he pointed out that there was no ..... observed in the impugned order that those acquisition; proceedings had been dropped as land was in small fragments to which the provisions of section 269c of the act were not applicable. in the present proceedings before us, the subject-matter of the challenge is only the main acquisition order dated 20-4-1983. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All314
..... the problem created by the decree which is in conflict with the preferential traffic schedule. the directions of the central government contained in this schedule drawn under section 27a of the railways act may themselves keep on changing from time to time and, therefore, it is manifestly impracticable to guarantee allotment ..... , movement (railways) (the petitioner) in the light of priorities allocated under the preferential traffic schedule formulated by the central government in exercise of the powers under section 27-a railways act. the director, movement accords sanction whereupon allotment of wagons is done from time to time, depending on the availability of ..... concerning the transport of coal. section 27(1) of the railways act enjoins on the railway administration to arrange for receiving and forwarding traffic without unreasonable delay and without difficulty. section 27-a. confers power on the central government to give directions in regard to transport of goods by railway .....
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