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The Commissioner, Trade Tax Vs. Singhal Brothers

Court : Allahabad

Reported in : 2009(234)ELT61(All)

..... section 21 of the u.p. general clauses act, 1904 (u.p. act no. 1 of 1904), and in supersession of all previous notifications issued from time to time ..... . act 15/48-order-891, dated 07.09.1981. 'in exercise of the powers under clause (d) of sub-section (1) of section 3-a of the u.p. sales tax act, 1948 (u.p.act no. xv of 1948), read with ..... reported in 104 stc 182.5. it is useful to refer the relevant notifications, which reads as follows.notification no. st-ii-5785/x-10(1)-80-u.p. act xv/48-order-81, dated 7th september, 1981. 'medicines and pharmaceutical preparations including insecticides and pestisides'. 6 per cent m or inotification no. st-ii-5784/x-10 (1)-80-u.p .....

The Commissioner of Sales Tax Vs. Kaderul Sehat Dawakhana and anr.

Court : Allahabad

Reported in : [1984]56STC133(All)

..... rate of seven per cent :(3)8. item no. 55 of the first schedule makes the turnover in respect of sale of medicines and pharmaceutical preparations including insecticides and pesticides liable to be taxed at the point of sale effected by the manufacturer or the importer of such goods.9. it is nobody's case ..... if it is shown that they can in relation to such medicines be considered to be manufacturer.10. the expressions 'manufacture' and 'manufacturer', have also been defined in section 2 of the act thus :(e-1) 'manufacture' means producing, making, mining, collecting, extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods; but does not ..... commodity. the bench appeared to be of the view that controversy before it stood completely covered by the decision of the supreme court in harbilas rai's case [1968] 21 stc 17 (sc), wherein it had been held that the word 'manufacture' had various shades of meaning and in the context of the sales tax legislation .....

Pragati Seeds Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2010(1)AWC126

..... petitioner from the agriculturists is an 'agricultural produce' and remains an agricultural produce till such time the said foundation seeds are subjected to treatment with insecticides and pesticides, and on that basis, imposed mandi fees upon the petitioner. in similar circumstances, the supreme court in pilibhit pant nagar beej ltd. ..... towards market fee and rs. 43,159.43 towards development cess. the petitioner, being aggrieved by the aforesaid order, filed a revision under section 32 of the act which was also dismissed. the petitioner thereafter, has filed the present writ petition.7. the learned counsel for the petitioner submitted that the ..... 1964 (hereinafter referred to as the adhiniyam) was enacted to regulate the sale and purchase of agricultural produce and for establishment of a market in uttar pradesh. section 2(a) of the adhiniyam defines 'agricultural produce' as under:2 (a) 'agricultural produce' means such items of produce of agriculture, horticulture, viticulture, .....

Deys Medical Stores Limited Vs. Commissioner, Trade Tax

Court : Allahabad

Reported in : [2004]134STC1(All)

..... .'entry no. 29 of notification no. st-2-5785/x, dated september 7, 1981, relates to medicines, which is as follows :'medicines and pharmaceutical preparations including insecticides and pesticides.'6. the learned counsel for the applicant sri v.n. tandon, advocate, argued before this court that the applicant manufactures medicines at its factory at calcutta ..... time to time as per notifications of the u.p. government. the trade tax tribunal concerned is directed to pass orders in each case under section 11(8) of the act within 2 months from the date of production of the certified copy of this order by the applicants. an order was passed by this court ..... the following observations were made by this court :'the term 'medicine' has not been expressly defined in section 3 of the indian drugs and cosmetics act, 1940, but the 'drug' defined under clause (b) of section 3 of the said act includes all 'medicines' for internal or external use of human beings or animals in the diagnosis, treatment, .....

Smt. Sindhiya Devi Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1974CriLJ1403

..... (1) invocation before the sacred fire and (2) saptapadi, i.e. taking of seven steps by the couple jointly before the sacred fire. according to section 7 of the hindu marriage act:(1) a hindu marriage may be solemnized in accordance with the customary rites and ceremonics of either party thereto. (2) where such rites and ceremonies include the ..... performed, though the facts exist even for drawing the necessary presumption of marriage being soleminsed according to law.15. section 17 of the hindu marriage act provides:any marriage between two hindus solemnized after the commencement of this act is void if at the date of such marriage either party had a husband or wife living and the ..... provisions of sections 494 and 495 of the indian penal code (act xlv of 1860) shall apply accordingly.the facts established in the present case prove beyond reasonable doubt that ramji lal had entered into a second marriage .....

Sri Niwas Agrawal and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1983CriLJ21

..... was contended by the deputy government advocate that although a solitary instance was men-honed in annexure 2 the conclusion was drawn by the district magistrate from other acts which according to the district magistrate made the petitioner, no. 1 a habitual offender.4. we have heard the learned counsel for the parties on this aspect ..... in the habit of indulging in black marketing whereas only one instance has been referred to, which according to the district magistrate amounts to an offence under the said act. in this respect learned counsel for the petitioner relied upon a decision rendered by this court in hanuman prasad v. district magistrate (write petn. no. 5826 ..... number 1, sri niwas agarwal. the order under challenge is annexure 1 and has been issued under prevention of black marketing and maintenance of supplies of essential commodities act. 1980. a perusal of the record indicates that petitioner no. 1 was appointed as a salesman for a period of three months. it has been stated in .....

Baljore Vs. State of U.P.

Court : Allahabad

Reported in : 2000CriLJ4981

..... presence of those who in one way or the other facilitate the execution of the common design, is itself tantamount to actual participation in the 'criminal act. the essence of section 34 is simultaneous consensus of the minds of the persons participating in of the criminal action to bring about a particular result. 56. the principle laid ..... criminal acts are done by several persons'. the acts committed by different confederates ..... sc 2027 at p. 2031 as below :-section 34 is to be read along with the proceeding section 33 which makes it clear that the 'act' spoken of in section 34 includes a series of acts as a single act. it follows that the words 'when a criminal act is done by several person' in section 34, may be construed to mean 'when .....

Shiv Prasad Pandey Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2003CriLJ1835; II(2003)DMC711

..... -1998 at 4.30 p.m. smt. tara devi opposite party no. 2- lodged a report against the petitioner and two other accused under sections 498a, ipc and 3/4 dowry prohibition act with the allegations that she was married with the petitioner according to hindu rites and her gauna ceremony was performed 5 years ago. her father had ..... if it appears to him that offence exclusively triable by the court of sessions was made out. no offence punishable under section 306 ipc is made out, if the victim is alive. the magistrate is not expected to act blindly on the direction of the investigating officer. he had to see whether the ingredients of the offences shown in ..... river saryu, but she was saved. but smt. tara devi disclosed in her statement under section 161 cr. p. c. as below :--(vernacular matter omitted...... ed.)19. moreover, the offence punishable under section 109 ipc i.e. abetment is made out after the act abetted is committed in consequences of the abetment and no express provision is made by the .....

Bishambhar Nath Vs. Janki Ballabh Tripathi and ors.

Court : Allahabad

Reported in : AIR1952All402

..... the attachment.12. there are other circumstances which are sufficient to fix the responsibility for the attachment on nawal kishore. he made an application under section 9, provincial insolvency act, praying that khwaj baksh and reazuddin be adjudged insolvents and at the same time made an application for appointment of an interim receiver. the insolvency ..... application for appointment of an interim receiver under section 20 of the act. on 9-9-1934, the insolvency court appointed the official receiver as an interim receiver. no direction was, however, given by the court to the ..... on 12-7-1934, and the printing press was released from attachment.2. in the meanwhile on 30-5-1934 nawal kishore made an application under section 9, provincial insolvency act (v [5] of 1920) praying that khwaj bux and eiazuddin, his debtors, be adjudged insolvents. on the same date nawal kishore made an .....

Nageshwar Vs. State of U.P.

Court : Allahabad

..... for the suicide. 13. the conclusion of the learned additional sessions judge is based on the presumption drawn by him with the aid of section 113-a of the evidence act. section 113-a of the evidence act provides: "113-a. when the question is whether the commission of suicide by a women had been abetted by her husband or any ..... deceased to commit suicide or entered into any conspiracy to aid her in committing suicide. in the absence of direct evidence the prosecution has relied upon section 113-a of the evidence act, under which the court may presume on proof of circumstances enumerated therein, and having regard to all the other circumstances of the case, that the ..... responsible for the same. in absence of any direct evidence on this point and also due to lack of necessary evidence for raising the presumption under section 113-a of the evidence act, the husband or any relative of the husband cannot be convicted and sentenced only on account of the fact that the wife committed suicide within .....