Court : Allahabad
Decided on : Jul-26-2000
Reported in : 2000(3)AWC2506; (2000)3UPLBEC2217
..... decided in the said two decisions, i do not find any reason to throw away the petition on the ground of alternative remedy.11. it appears that amended rule 43 not being applicable, the order convening court martial is required to be signed by the convening officer as has been not done in the present case ..... an order for convening court martial by the convening officer himself? 2. supplementary affidavits have been filed by the respective parties bringing on record the amended provision of rule 43, which provided that the order convening the court martial may be signed by a staff of the convening officer. but the said rule ..... attached to air force administrative college, coimbatore, an airman of the regular air force is charged with : firstchargecommittinga civilsection 71offence.that is toairforce act. 1950.saycommitting unnatural offence punishable under section 377 of the indian penal code, in that he. at colmbatore on 15thmarch, 1980. at about 1830 hrs.,while on duty as desk nco of no. 13 .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-2000
Reported in : [2001]123STC430(All)
..... the omitted section 4-b(6) is saved and the penalty proceedings initiated by the assessing officer cannot be said to be without jurisdiction.10. further by the same amending act, viz., u.p. act no. 31 of 1995, section 4-b(5) was substituted and clause (b) of the substituted section 4-b(5) contained similar provisions which was there in the ..... the final order was also passed by him in the same month of march, 1996 when section 4-b(6) of the act was not on the statute book having been deleted by u.p. sales tax (amendment) act, 1995 (u.p. act no. 31 of 1995) with effect from may 14, 1994. thus the proceedings for imposition of penalty under section 4-b ..... is assumed that the notices could not have been issued under section 4-b(6) of the act, since it had been omitted by u.p. act no. 31 of 1995 with effect from may 14, 1994. section 4-b(5) was substituted by same amending act with effect from the same date and it contained the similar provision as was contained in the .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-24-2000
Reported in : 2000(3)AWC2472; (2000)3UPLBEC2499
..... 1998 contained in annexure-6 cannot assume jurisdiction to issue notice for holding election. as such, the same could very well be challenged and that by reason of amendment the said notice having been incorporated, consequential election pursuant to such notice shall be subject-matter of the writ petition and as such would be guided by the ..... or any place of employment, or holds out any promise of individual advantage or profit to any person ; (iii) abets (within the meaning of indian penal code) the doing of any of the acts specified in clauses (i) and (ii); (iv) induces or attempts to induce a candidate or elector to believe that he, or any person in ..... meantime the life of the committee of management having expired, a fresh election has taken place. by means of amendment, the fresh election that was sought to be held was challenged as soon as notice was issued. the amendment was allowed. however, in absence of the committee of management, this election has been held, and therefore, he .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-2000
Reported in : 2000CriLJ4498
..... according to him, the remedy to seek for anticipatory bail in the state of u.p. is not available to an accused in view of the u.p. amendment act of 1976 (act no. xvi of 76) and being emboldened thereby, the police are harassing the people by arresting and lodging them in the lock-up notwithstanding the nature and gravity ..... of exercise of power to arrest without warrant.29. concededly, arrest of a person accused of a cognizable offence was a must under the old code prior to its amendment by criminal procedure (amendment), act, 1923 whereby the expression 'and, if necessary, to take measures' occurring in section 157(1) was substituted for the words 'and to take such measures as ..... may be necessary.' section 157(1) of the old code as it stood amended by act xviii of 1923 has been retained in the new code. purport of the expression 'if necessary, to take measures' for discovery and arrest of the offender is that the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-30-2000
Reported in : 2000CriLJ310
..... the winding up of the company. it may be stated as a passing reference that earlier to the passing of the companies (amendment) act, 1988, the powers under section 397 of the companies act were exercised by the court viz., company court. in the case referred to above, it has also been held by the apex ..... act, 1948 and section 517 of the (british) companies act, 1985. it would be found that section 44(g) of the indian partnership act, 1932, provides for dissolution of a firm ..... was evolved by english courts. section 210 of the (british) companies act, 1948, and sections 459 to 461 of the (british) companies act, 1985, are akin to the provisions of sections 397 and 398 of the (indian) companies act, 1956. likewise section 433 of the (indian) companies act, 1956 is pari materia with section 222 of the (british) companies .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2000
Reported in : (2000)3UPLBEC2553
..... )(d) or 323-b(3)(d), the existing jurisdiction of the tribunals created under a valid legislation would continue and will not be ousted simply because, according to the 42nd amendment act, these matters are triable by tribunals to the exclusion of the courts including the tribunals created by the state legislature. article 323-a(1) read withclause (d) would indicate that ..... that the appointment on the post of chairman, vice-chairman of these officers of the government who have held the post of secretary and who have been members of the indian administrative service on the above posts would prejudice the judicial handling and adjudication of the cases for dispensation of justice to maintain the judicial tamper of the functioning of the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-03-2000
Reported in : 2000(1)AWC750
..... bench or full bench or special bench and while doing so each bench constitutes the high court itself. 8.7. having reminded ourselves, we merely state that in indian oh corporation v. municipal corporation, air 1995 sc 1480 (paragraph 8), it was laid down to the effect that a latter co-equal bench of this court did ..... by the division bench. sri agrawal came up with a prayer for adjournment so that pleadings in the writ petition may be amended and we adjourned the further hearing to 24.1.2000 awaiting the amendment application. 5.4. thereafter the case was further heard by us on 24.1.2000. in our order dated 24.1.2000 ..... ) whether it is not permissible for this court to draw an inference from the undisputed legal position, namely, that apart from the provisions of the land revenue act the sovereign state has inherent powers to create an administrative district besides it has also created judicial district afterrecommendations/consultations with this court, which aspect was neither put nor .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-05-2000
Reported in : 2000(2)AWC1065; (2000)1UPLBEC292
..... entire proceeding for the acquisition of the land shall lapse :provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act. 1984, the award shall be made within a period of two years from such commencement. the explanation appended to section 11a provides that in computing the period of ..... 'after the expiry of one year from the date of publication of the notification under section 4(1) of the act.' for the petitioners, reliance has been placed on a decision of the supreme court in oxford indian school v. government of tamil nadu, air 1995 sc 2398. on the other hand, it has been submitted for ..... the ground of bar of limitation provided by clause (ii) ofthe first proviso to section 6(1) of the act.6. in oxford indian school (supra), the high court had quashed the notification under section 6 of the act and directed enquiry proceedings to be completed within a limited time. the supreme court held that the time limit for .....
Tag this Judgment!Court : Allahabad
Decided on : May-29-2000
Reported in : 2000(3)AWC2133; (2000)3UPLBEC2624
..... s. course is governed by regulations framed by the m.c.i., with previous sanction of central government. in exercise of powersconferred by section 33 of the indian medical council act, 1956. the eligibility qualifications have been laid down in the regulations. it was urged that in the regulations it is provided that a candidate for admission ..... that the provisions of the regulations of 1979 in regard to marks criteria may be followed. this clarification was later on incorporated in the regulation itself by amending the 1997 regulation on 10.5.1999 published in gazette on 29.5.1999. it provided that a candidate appearing in the entrance examination must have passed ..... have obtained not less than 50% marks in english and 50% marks in physics. chemistry and biology taken together. these regulations were amended by m.c.i. on 10.5.1999. the amended regulations provided that a candidate for admission to m.b.b.s. course must have passed the qualifying examination securing 50% marks in physics .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-17-2000
Reported in : (2001)166CTR(All)129; [2001]247ITR436(All)
..... , we are of the view that these petitions deserve to be allowed.15. it may be mentioned that a new section substituted section 147 of the income-tax act by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989. the relevant part of the new section 147 is as follows : '147. if the assessing officer, has reason ..... held that the income of the petitioner was assessable as fee for technical services. in paragraph 14 of the same, it is alleged that section 147 of the income-tax act was amended from april 1, 1989, and, hence, the existence of pre-conditions mentioned earlier are no longer necessary. in paragraph 15 of the 'same; it is alleged that ..... /148 would obviously be on the basis of a mere change of opinion by the income-tax authorities, which would not be valid as held by the supreme court in indian and eastern news-paper society v. cit : [1979]119itr996(sc) ; gemini leather stores v. ito : [1975]100itr1(sc) and jindal photo films ltd. v. deputy cit : [1998]234itr170(delhi .....
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