Court : Allahabad
Decided on : Jan-05-2000
Reported in : 2000(2)AWC1065; (2000)1UPLBEC292
..... of thenotification.' explanation 1 to sub-section (1) of section 6 of the act provides that in computing any of the periods referred ..... whether one report or different reports has or have been made wherever required under section 5a, sub-section (2) : provided that no declaration in respect of any particular landcovered by a notification under section 4, sub-section (1).- (i) ..... (ii) published after thecommencement of theland acquisition(amendment) act, 1984.shall be made after theexpiry of one year fromthe date of thepublication ..... this court dated 20.8.1993, it is not open to the petitioners to challenge the acquisition on 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 ..... section (1), or make different reports in respect of different parcels of such land, to the appropriate government, containing his recommendations and the objections, but on facts it could not be established that the petitioners were not afforded opportunity of hearing. thus, the second ground on which the acquisition proceedings are sought to be quashed too falls to the ground.9 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2000
Reported in : 2000(1)AWC683
..... for those who enter into any contract or agreement except for export in which any weight/measure/number is expressed other than the standard ones.12. section 60 of the act reads thus :'60. presumption to be made in certain, cases.- (1) if any person : (a) m a k e s ormanufactures, orcauses ..... the verification of such dispensing pumps which deliver short quantities ; considering the variation in speed in dispensing pumps while delivering the product to the consumers appropriate amendment has been made in this regard in the rules by notification dated july 15,1991 (being filed as c. a. 1) though the oil ..... will be advanced by them.9. our findings :9.1. the need to have correct balances, weights and measures is not a new need. in our country more than 2200 year ago. kautilya ..... the writtensubmissions made by sri ravikant. accordingly there is nomerit in the submission of mr.ravi kant and the writpetition is fit to be dismissedsummarily. 8.1. when this case was listed for further hearing on 17.12.1998 the learned counsel for the parties informed us that no further argument ..... act.2. petitioner no. 1 claims itself to be representative body of the dealers of petroleum products in our state, duly registered with the registrar -chits, firms and societies, u. p., lucknow and its registered office at kanpur. petitioner no. 2 is a petrol pump owner and dealer appointed by the indian .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-2000
Reported in : [2000]119STC117(All)
..... (annexure 3) and 26th december, 1985 (annexure 5) were issued by the state government in exercise of powers under sub-section (5) of section 8 of the central sales tax act, 1956 read with section 21 of the general clauses act.................thus the period of exemption of seven years having been specified by the state government by notification, and the said notification being a ..... applications were moved for grant of eligibility certificate in respect of expansion undertaken in three phases. however, subsequently the definition of fixed capital investment was modified and therefore, an amendment application dated july 17, 1995 was moved. on the said application the assessing authority had submitted an enquiry report wherein the entire expansion was treated to be under one ..... the land certified by the collector in accordance with the procedure laid down for determination of the value of land for the purpose of payment of stamp duty under the indian stamp act, 1899 ;(b) the value of building certified by an evaluator approved by the income-tax department for the purpose ;(c) the value of plant, machinery, equipment, ..... capital investment and the additional fixed capital investment by adverting to the provisions of notification dated march 31, 1995 which has nothing to do in the case of the revisionist.9. shri b.k. pandey, learned standing counsel, appearing for the respondents has submitted that the revisionist had never applied for exemption in respect of original investment of rs. .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-2000
Reported in : [2000]245ITR312(All); [2000]113TAXMAN333(All)
..... to require approval of company in general meeting.--(1) no company shall, after the commencement of the companies (amendment) act, 1960, appoint a sole selling agent for any area for a term exceeding five years at a time : provided that nothing in this sub-section shall be deemed to prohibit the re appointment, or the extension of the term of office, of any ..... , did not sanction the payment but the assessee paid the amount later to the managing agents. the question was whether the asses-see could claim under section 10(2)(xv) of the indian income-tax act, 1922, the deduction of the remuneration paid to the managing agents as being expenditure laid out or expended wholly and exclusively for the purpose of the business ..... compensation for the loss of his office in the following cases :'(a) where the appointment of the sole selling agent ceases to be valid by virtue of sub-section (2a) of section 294.'8. section 314 then provides that except with the consent of the company accorded by a special resolution, no director of a company shall hold any office or place of profit ..... of remuneration whether as salary, fees, commission, perquisite, the right to occupy free of rent any premises as a place of residence, or otherwise.' 9. ordinary and special resolutions are provided for in section 189 of the companies act, which stands as under :'189. ordinary and special resolutions--(1) a resolution shall be an ordinary resolution when at a general meeting of which .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-2000
Reported in : 2000(2)AWC1022
..... of the supreme court and the high court by taking out an ordinance (u. p. excise (amendment) ordinance. 1998). which later became an act (u. p. excise (amendment) act. 1998) (hereinafter referred to as 'the act').5. the purpose of the ordinancewas clear. the slate of uttar pradesh was not accepting the decision of ..... the state of uttar pradesh was still reluctant to refund payment of assessed fee irregularly charged to the petitioners as licensees for wholesale vend of indian made foreign liquor in form fl 2. refund was made by bank drafts but simultaneously the banks were advised not to make payment and proceedings ..... of the scale mentioned either in paragraph '642' of the u. p. excise manual or that mentioned in the notification under section 30 of the u. p. excise act issued by the state government on 25th 6f may. 1983. the security furnished by various petitioners in this regard under the interim ..... leave petitions, the review application, the clarification application and the discharge of contempt proceedings on an undertaking means nothing to the state of uttar pradesh.9. it is on this that the petitioners have contended that the situation is dangerous as affecting the rule of law that the state of uttar ..... been challenged by any party before the supreme court, as of date, though three and half months have passed since the order has been rendered.8. in between the order of 29th september. 1999 and as of date, the petitioners contend and it is accepted by the learned chief standing .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2000
Reported in : 2000(2)AWC1216; (2000)2UPLBEC1142
..... material the legislature would, if it had discovered the gap, have filled it in. if a gap is disclosed, the remedy lies in an amending act.since then english courts have adopted a middle road.14. lord diplock in kammins ballrooms v. zenith investments, says :'it is thus impossible ..... the purposive interpretation in place of literal interpretation to prevent corruption as a penal offence in municipal corporation of greater bombay and others v. indian oil corporation ltd., and advocated purposive interpretation in various cases while interpreting the law.* judge must be a jurist endowed with the legislator's ..... m.ed. classes is governed by rules 15 and 16 of the 1983 rules framed by the state government under section 28 (5) of the u. p. state universities act, 1973 (the act). rule 15 (1) of the 1983 rules states that only a person having b.ed, degree, or recognised ..... the relevant rules after 1975, and * admissions to m.ed, on the basis of marks in the b.ed, or equivalent examination after1980? 9. 'why these changes? questioned the counsels for the petitioners. they submitted that purposive interpretation--in place of literal interpretation--be adopted in the 1983 rules ..... necessary for admission in m.ed, classes in bir bahadur singh purvanchal university, jaunpur (the purvanchal university) or recognised diploma of bachelor in teaching (8.t.) or licentiate in teaching (l.t.) is sufficient.facts 2. the petitioners in the aforementioned four writ petitions are graduates but education was .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2000
Reported in : (2000)2UPLBEC1134
..... (supra), squarely applies to the facts of the present case. this court cannot increase the age of retirement. that can only be done by amending the statute in accordance with section 50 of the u.p. state universities act, as already mentioned above.15. sri v.b. singh, learned counsel for the petitioner urged that this court should adopt an activist approach and ..... the resolution to the chancellor where it is still pending. several other universities e.g. bhopal university, delhi university, rewa university, gwalior university, jamiya milliya university, sagar university, hyderabad university, indian institute of science, bangalore etc. have the age of retirement at 62 years. hence we are of the opinion that the retirement age of teachers of allahabad university and other ..... interpretations, or if strictly interpreted would lead to absurd results the court can give an interpretation, which is in accordance with the present needs of society. for instance, article 1, section 8 of the u.s. constitution states that congress can raise armies and navies. it does not mention that congress can raise an air force, but that was because the u ..... be an amendment of the statute. annexure c.a. 2 of the counter-affidavit is the letter of state government dated 6-10-1998 seeking certain relaxations from the central government in the letter dated 27-7-1998. the central government vide letter dated 29th december, 1998 (annexure 3 to the writ petition) stated that it has no objection.9. sri v .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-01-2000
Reported in : AIR2000All224; (2000)1UPLBEC825
..... a period of six months in exercise of power conferred under the proviso to section 8 of advocates act, 1961 (hereinafter referred to as the act). during this extended period of term secretary of bar council by the notice dated 8-8-1999 declared the scheme of election. under this scheme nominations were filed between 15th ..... it is submitted that in fact shri v.c. mishra was released on probation in view of the provision contained in sub-section (2) of section 24-a of the act and he cannot be termed disqualified.43. we have considered the submissions of the learned counsel for the parties. rule 2(e ..... it also involved professional misconduct matter should be referred to the state bar council or the bar council of india for initiating proceedings under section 35 of the act. undisputedly, this has not been done in the case and the bar council of india or the state bar council did not initiate ..... of court which cannot be equated with the offence committed under the general law of land and punished for the same under the provisions of indian penal code, criminal procedure code and other statute. it was a matter between the court and an officer of the court and society in general could ..... p. singh, on the other hand, submitted that writ petition was filed on 29-9-1999 and it cannot be termed infructuous merely on the ground that election has taken place. the writ petition has been suitably amended in view of the subsequent developments. learned counsel has further submitted that the grievance .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-02-2000
Reported in : AIR2000All205
..... the levy of tax under it being with retrospective effect it is unjust and unreasonable. the tax is imposed by the principal act (25 of 1963) and not by the amendment act 18 of 1971. it is on passengers and goods, but is collected through the agency of operators who collect it along with ..... the case of coal and 200% in the case of certain minerals such as, iron, ore. 'annual value' was defined in section 7 and sub-section (3) thereof as amended by act no. 17 of 1989 laid down that in the case of lands held for carrying on mining operations, the annual value shall be ..... be heard by a larger bench. that is how the matter has come before us for hearing.26. the petitioner entered into an agreement with indian oil corporation (mathura refinery) where under he provided four buses for transporting its employees from various places in the city to the refinery and back. ..... the petitioner is an owner of four buses registered as contract carriages with the regional transport authority, mathura. the petitioner entered into a contract with indian oil corporation ltd. a true copy of the agreement is annexure to the writ petition. under this contract the petitioner has placed its vehicles at ..... division bench.23. for the above reasons, the petition succeeds. a writ of certiorari is issued quashing the orders dated 10-9-1981 (annexure-2 to 5) and the order 8-11-1985 of the deputy transport commissioner (annexure-6) and a mandamus is issued restraining the respondents from assessing the petitioner under .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-03-2000
Reported in : 2000(1)AWC750
..... criminal procedure, 1973 (act no. 2 of 1974), read with section 21 of the general clauses act, 1897 (act no. x of 1897). i am, therefore, to request you kindly to move the government for issuing notification in the ..... of the general clauses act, 1897 (act no. x of 1897). (iii) section 59a of the provincial insolvency act, 1920 (act no. v of 1920). (iv) under clause (d) of section 3 of the land acquisition act, 1894 (act no. 1 of 1894). i am also to send herewith the draft notification pertaining to creation of sessions division as detailed below : (v) section 7 and section 9 of the code of ..... was considered 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, we hadcategorically ..... --single or division 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 not and could .....
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