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 : Feb-02-2000
Reported in : AIR2000All205
..... state of kerala, air 1974 sc 436, a similar contention was raised while challenging the validity of kerala motor vehicles (taxation of passengers and goods) (amendment) act, 1970. the act provided that there shall be levied and paid to the government a tax on all passengers, luggage and goods carried by stage carriage and all goods transported ..... writ petition 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 ..... .2. 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 the disposal .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-01-2000
Reported in : AIR2000All224; (2000)1UPLBEC825
..... the petitioners was that rule 4(1) ought to have been applied after clause (h) was included in' 1997 in rule 2 by amendment. however, from a plain reading of the provisions contained in the act and the language used in rule 4(1) we do not find any justification to accept this submission merely because clause (h) providing ..... 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 of the petitioner is against the illegalities committed by the state bar council in ..... to punish for contempt 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 not be affected .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2000
Reported in : (2000)2UPLBEC1134
..... the financial assistance given to that university, but neither the central government nor the u.g.c. has any power to amend the act or statute. under section 50(1) the state government could amend the first statute made by the state government at any time upto 31-12-1990, and the executive council under section 50 ..... 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 ..... universities in u.p. should also be increased to 62 years, and we make a strong recommendation to the executive council of the state, universities to amend their statutes accordingly and we also recommend to the chancellor to accept such recommendation.23. the learned advocate general has referred to annexure ca-2 to .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2000
Reported in : 2000(2)AWC1216; (2000)2UPLBEC1142
..... with what 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 to arrive ..... court adopted 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 wisdom, ..... were to be givenaccording to the basis of marksobtained in the b.ed, degreeexamination (l.t. or b.t. was notmentioned). thereafter the rules werefurther amended. the 1983 rulesstate that the admissions are on thebasis of marks obtained in b.ed, orits equivalent recognisedexamination. b.t. and l.t. areequivalent recognised examinations .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-2000
Reported in : 2000(2)AWC1022
..... resorted to negating the orders 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 supreme court. ..... 24th july, 1997. 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 were taken out ..... of the high court at allahabad dated 23rd november, 1983 were dismissed. the issue related to the grant of the licences for wholesale vend of the indian made foreign liquor in form fl 2 on payment of fixed fee in accordance with the u. p. excise manual so framed under the united provinces excise .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-18-2000
Reported in : [2000]245ITR312(All); [2000]113TAXMAN333(All)
..... is as under :'294. appointment of sole selling agents 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 ..... 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 ..... :'whether, on the facts and in the circumstances of the case and on a correct interpretation of the word 'lawfully' appearing in section 70 of the indian contract act, the appellate tribunal was justified in holding that the appointment of the sole selling agent, tools implements and machinery distributors, was in contravention of sections 294 and .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-2000
Reported in : [2000]119STC117(All)
..... 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 ..... 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 ..... . entry 8 in the said notification included making sweetmeats, namkin, reori, gazak (but excluding such confectionery manufacturing units as are registered under the factories act, 1948) and restaurant. while arguing before the honourable supreme court that sweetmeats does not include confectionery items like toffee a reference was made to the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2000
Reported in : 2000(1)AWC683
..... provisions of the 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 oil corporation ..... panel regarding 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 companies have not ..... yet made provision in dispensing pumps as per the amended rules ; the permissible variations allowed is upto 0.6%, that is to say 30 ml. in 5 litres at the time of verification to condone minor variation .....
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 .....
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