Court : Allahabad
Reported in : AIR2007All39; 2007(1)AWC329; [2007(2)JCR340(All)]
..... sub-section (1) of new section 47-a provides that if the market value of any property (which is the subject of any instrument on which duty is chargeable on the market value of the property) as set forth in such instrument is less than even the minimum value determined in accordance with any rules made under this act, the registering officer appointed under the indian registration act, 1908, shall refer the same to the collector for determination of the market value of such property and the ..... 9/stamps, dated november 13, 1937, and in supersession of all previous notifications of the government of india and the provincial government on this behalf; and in exercise of the powers conferred by section 21 of the united provinces court-fees (amendment) act, 1938 (xix of 1938), and in pursuance of the power conferred by the notification of the government of india department no. ..... in valuing the subject of transfer with a view to evade payment of proper stamp duty, the mere fact that there is a time-gap between the agreement of sale and the execution of the document by itself is not sufficient for the registering officer to invoke his power under section 47-a of the stamp act, unless there are reasons to believe that there is an attempt on the part of the parties to the instrument to undervalue with a mew to evade payment of proper stamp duty .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All721
..... notice to the appellant, the amount due to the government was not the balance of the consideration of the price of the goods but was recoverable as damages under section 54, sale of goods act and as neither in the indian forest act nor in the rewa forest contract rules there was any provision for recovering damages for breach of the contract of sale as arrears of land revenue, the amount that may ..... pleaded that there was a completed contract between the parties and that the balance of the consideration of the sales was recoverable as arrears of land revenue under section 82, indian forest act read with rule 30 of the rewa forest contract rules.5 ..... ' the consideration mentioned in the sub-rule is nothing else but the price mentioned in section 82, indian forest act.we do not think that the amount in dispute can be said to be either consideration or price of the original contract as in our opinion its real character is of damages for the loss which ..... referred to section 82, indian forest act and it has been alleged that it is under that section that this amount ..... remaining 75% of the sale price was not paid at all by the appellant.the government was in the position of an unpaid seller in possession of the goods sold and as such it was entitled to retain possession of the goods until payment or tender of the price under section 47, sale of goods act was made, and it was thereafter also entitled under section 54 of the said act to give notice to the appellant of its intention to resell. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All269
..... ., air 1953 sc 357 at page 360 (paragraph 9), the supreme court held that the canon of construction enunciated in section 38, interpretation act, and reiterated witn some modifications in section 8, general clauses act, is one of the general application where statutes or acts have to be construed and that there is no justification for holding that the principles of construction enunciated in those provisions will apply only where these provisions in ..... he urged that aa the additional civil judge did not in terms direct the filing of the arbitration agreement, and inasmuch as section 39(1)(iv), arbitration act, provides for an appeal from an order filing or refusing to file an arbitration agreement alone, the present appeal ..... into the first column as if those words actually occurred therein, we are not of opinion, as at present advised, that the subsequent amendment of articles 158 and 178 must necessarily and automatically have the effect of altering the long-acquired meaning of article 181 on the sole and simple ground that after the amendment the reason on which the old construction was founded is no longer available.'13. recently the supreme court had an ..... schedule to the arbitration act shows that certain provisions of the religious endowments act, 1863, the specific relief act, 1877, the indian electricity act, 1910, and the indian companies act, 1913 were also ..... 1908' by the words 'under the arbitration act, 1940', it became necessary to amend articles 159 ..... 1908 ..... ..... .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC403; (1998)1UPLBEC437
..... section (i) of this section provides that if the market value of any property which is the subject of any instrument on which duty is chargeable on the market value of the property, as set forth in such instrument is less than even the minimum value determined in accordance with any rules made under this act the registeringofficer appointed under the indian registration act, 1908, shall refer the same to the collector for determination of the market value of such property and ..... section (4) power has been conferred on the collector to call for and examine the instrument after it has been registered for the purpose of satisfying himself as to the correctness of themarket value of the property which is subject of such instrument and ..... controlling revenue authority (supra) many states inserted section 47a by amendment in the stamp act and the collector was conferred power to suo motu call for and examine the instrument for the purpose of satisfying ..... the only inference which can be drawn is that while exercising power under section 47a of the act if the collector, after determination of the market value of the property, comes to the conclusion that its value has not been correctly set forth in ..... learned chief standing counsel argued that unless the collector is vested with the power to impose penalty in such cases, the object behind the amended enactment will not be achieved and the private parties by arrangement may well be encouraged to clandestinely undervalue the property involved in .....
Tag this Judgment!Court : Allahabad
Reported in : (1966)ILLJ597All
..... kacker contended that the tribunal failed to see the effect of section 78 of the indian factories act and the effect of section 6 of the uttar pradesh shops and commercial establishments act that leave available to the employees cannot be unilaterally curtailed. ..... further urged that section 41 of the act could not be used to defeat the provisions of sections 78 and 79 of the indian factories act and sections 5 and 13 of the uttar pradesh shops and commercial establishments act. ..... of work performed by him during the previous calendar year;(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.explanation i,-for the purpose of this sub-section(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks ..... agree with sri kacker that the very purpose of giving protection under section 78 of the factories act, section 5 of the uttar pradesh shops and commercial establishments act, section 3(b) of the act and clause u of the standing orders, as originally framed, will be thwarted if unlimited licence is given to an employer to effect a change under section 41 of the act. ..... section 3 of the act deals with the power to prevent strikes, lockouts, ..... to use the power contained in section 41 an employer must show lawful justification and must lawfully possess power to effect any change in the leave previously .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC562
..... deputy director of consolidation (supra) laid down that forest settlement officer having the power of the civil courts and his orders being subject to appeal and revision are final and, once notification under section 20 of the forest act has been issued declaring the land as reserved forest it is not open to raise objection before the consolidation ..... , was dismissed by this court in its judgment dated 7.11.2001 holding that the consolidation courts had rightly held that after notification under section 20 of the forest act the rights, if any of any tenure holder came to an end and the objection raised before the consolidation authorities were rightly rejected but the counsel for the petitioners has submitted that the submission raised in these writ petitions as quoted above, ..... section 27a has been added giving finality to the orders passed in proceedings under the indian forest act and section creates express bar by saying that the order made or certificate issued in exercise of -powers conferred in chapter ii shall not be called in ..... the judgment of the consolidation authorities holding that in view of the notification issued under section 20 of the indian forest act, 1927, the land is reserved forest and objectors cannot claim any right in the aforesaid land. ..... notification under sections 4, 6 and 20 under the indian forest act, 1927, (hereinafter to be referred as the '1927 act'), has been issued with regard to land recorded as forest hence there is no right of any tenure .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1170; (2001)2UPLBEC1140
..... in that case, it was held that if a collector has taken action under section 40, sub-section (1) (b) of the indian stamp act, 1899, and having received the deficient duty and the penalty imposed, has certified under sub-section (1) (a) that the instrument before him is duly'stamped', the effect of sub-section (2) is that the jurisdiction of the chief controlling revenue authority to refer to the high court, under section 57 of the act, the question whether such instrument is in fact sufficiently 'stamped' or not is ousted. ..... of registrationof any instrument on which duty is chargeable on the market value of the property not already referred to him under sub-section (1) or subsection (2), call for and examine the instrument for the purpose of satisfying himself as to the correctness of the market value of the property which is the subject of such instrument and duty payable thereon, and if after such examination he has reason to believe that the market value of such property has not been truly set ..... this contention did not find favour with the court, which observed as follows :'under the stamp act, the high court is also given power to examine the chargeability of duty of any instrument under section 60 while by reason of section 57 the chief controlling revenue authority may also make a reference to the high court. ..... 1908 shall refer the same to the collector for determination of the market value of such property and the proper duty payable thereon. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All176
..... section 3 of the rent control act, 1947 and sections 20 and 21 particularly clause (iii) of the explanation to sub-section (1) and sub-section (1-a) of section 21 of the act are intended to subserve a larger public interest as well and are based on public policy. ..... the provision contained in the explanation is, in fact, for the benefit of a specified category of landlord and the amending act has simply enlarged the benefit contemplated by the explanation to any building and extended it to retired indian soldiers and their widows, without in any way taking away any vested right of the tenants of any such building. ..... a landlord has unbridled power under the transfer of property act to eject his tenant but by virtue of s. ..... thus the district magistrate has no power to dictate the term of tenancy or to direct the landlord to enter into a contract of tenancy with the allottee, but once the order of allotment is passed and the allottee takes possession of the accommodation, the relationship between the landlord and the allottee acquires the status of landlord and tenantthough the relationship is, to a large extent, to be governed by the special law namely, the present act.' 54. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All882
..... my answer to the question referred to us, therefore, is: (1) where a party offers to be bound by the statement of any of the opposite parties under section 9, indian oaths act, he cannot resile from such an offer after the other party has agreed to make such oath, unless there be sufficient cause to the satisfaction of the court for allowing the offerer to resile, and (2) where a party offers to be bound by the statement of a witness, he cannot resile from such offer if any of the opposite parties has ..... 'the indian oaths act, 1873, as its provisions show, is designed to confer on courts and certain other authorities the power to administer oath and prescribes the procedure thereof. ..... a contingent contract cannot be revoked by either party to it, once, the offer has been made by one party and accepted by the other.the contract may become void if the court decides not to exercise its power to administer the oath for sufficient reasons in exercise of its discretion but unless the court does so, the contract remains binding and no party can be allowed to resile from it.it is also clear that if the party, offering to be bound by the special ..... the true basis of the power of the court to decide a case in accordance with the agreement between the parties is neither section 20, evidence act, nor order 23 rule 3, civil p. c. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2216; (1999)IILLJ216All
..... certainly in those cases where the indian limitation act is applicable, the limitation shall run from the date of the knowledge of the order but where a special act specifically contains a provision that an appeal can be filed within a specific time from the date of the order or direction, the appeal must be filed within the aforesaid period and the provisions of section 5 of the indian limitation act cannot be made applicable.as far as the another ..... thirty days of the date on which the order or direction was made, in a presidency town before the court of small causes and elsewhere before the district court- (a) by the employer or other person responsible for the payment of wages under section 3, if the total sum directed to be paid by way of wages and compensation exceeds three hundred rupees or such direction has the effect of imposing on the employer or the other person a financial liability ..... said that since the primary authority under the payment of wages act exercises certain powers under the civil procedure code, the appeals from the order of such an authority should be deemed to be an appeal under section 96 of the civil code and thus attracts the provisions of section 5.' 11. ..... be said that since the primary authority under the payment of wages act exercises certain powers under the civil procedure code, the appeals from the order of such an authority should be deemed to be an appeal under section 96 of the civil code and thus attracts the provisions of section 5.'10. .....
Tag this Judgment!