Court : Allahabad
Reported in : AIR1981All83
..... 23-4-57. we have to calculate limitation from the beginning of 24-4-57.7. the next question then arises is about the impact of section 12, limitation act on the computation. the relevant clause section 12 (1) dictates that in computing the period of limitation prescribed for any suit 'the day from which such period is to be reckoned shall ..... october had attained 16 years of age on the 1st october preceding the 16th birth day. after citing halsbury and certain english cases as well as referring to section 4, indian majority act the court held that this was so. the precise point in the present case did not arise for decision in that case but it is noticeable that the ..... bench observed that in section 4, indian majority act it was expressly provided that a person shall be deemed to have attained majority at the beginning of the 21st or 18th anniversary of the birth day. they .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]95ITR171(All)
..... the winnings from lotteries and gains from certain other pastimes like races, card games, gambling and betting also became taxable. the following amendments were made in the income-tax act, 1961. 4. in section 2(24), which defines ' income ', a new clause (ix) was added reading as under:' 2(24)(ix). any winnings from lotteries, crossword puzzles, races including ..... ruler of a native state and as such a non-resident. the remittances received by her were held to be income liable to tax under section 4(2) of the income-tax act, 1922. in the course of judgment the learned judges made an observation that no doubt in order to be income it must be something which ..... to the impugned amendment income derived from winnings from lotteries, etc., was specifically exempted from levy of income-tax under section 4(3)(vii) of the income-tax act, 1922, and under section 10(3) of the income-tax act, 1961. parliament in a way has withdrawn this exemption so that income of e casual and non-recurring nature like .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All175
..... 'other purposes' to be covered by rules would be purposes which would advance the objects enumerated in the preamble. it is laid down in sub-section (2) of section 15 of the act that, on failure of the persons concerned to gather or remove the crop or fruits of trees on the surplus land, the collector may remove or ..... -up is likely to lead to a fall in production.' 25. it appears that the exemption given by the u. p. legislature under clause (vi) of section 6 of act no. 1 of 1961 is based on the recommendation in the second five-year plan. the planning commission laid down three tests for deciding whether certain crops deserve ..... of sugarcane satisfies all the three tests laid down in the second five-year plan. such sugarcane plantations ought to have been exempted under clause (vi) of section 6 of the act. to exempt tea, coffee and rubber plantations without granting exemption to sugarcane plantations amounts to unconstitutional discrimination. the principle of kunhikoman's case, air 1962 sc .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All683
..... for registration of trade mark amritdhara in class 5 of pharmaceutical substances.the trade mark was advertised in the trade marks journal as required under section 15(1) of the trade marks act (act no. v of 1940), but nobody objected to the registration of the trade mark. consequently the registrar registered the trademark on 16-2-3946 ..... the necessary qualification and is, therefore not registrable, there would be no occasion for considering the provisions of these sections. section 9 of the english trade marks act, 1905 is similar to our section 6 and section 11 is similar to our section 8. in the case of imperial tobacco co. (i), swinfen eady m. r. observed at page ..... goods manufactured by him. he stated that the application of the defendants was advertised in the trade marks journal in compliance with the provisions of section 15 (1) of the act, that none opposed the registration, that seven years from the original registration of the trade mark expired on 21-8-1949, that the validity .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All608
..... this period, he can only receive such sums of money for his expenses as the court of wards decides in its discretion to allow. thus, the provisions of section 112 of act xlii of 1950 clearly abridge the fundamental right of the petitioner under article 19(1)(f) and are to that extent void.'79. thus the decision of the ..... court in : [1953]4scr1049 , in which mahajan j. (now c. j.) delivering the judgment of the court says, at page 374 :'the contention that the provisions of section 118 of act xlii of 1950 read with the provisions of regulation i of 1888 infringe the fundamental right of the petitioner guaranteed by article 19(1)(f) of the constitution, is ..... by such an order.32. in air 1950 cal 274 (g)' a special bench of the calcutta high court considered the bengal criminal law amendment act of 1930. under section 2 (1) of that act, it was provided that a person could be detained or restrictions imposed upon his movements if in the opinion of the provincial government there were reasonable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All99; (1996)3UPLBEC1617
..... is a tribunal and, therefore, its findings are subject to an appeal to the supreme court under article 136 of the constitution, sub-section (1) of section 6 lays down that if the committee absolves the concerned judge in its report and ..... 'not guilty recorded by the committe in its report terminates the process of remova1 of the concerned judge initiated in accordance with section 3(1) of the act. sub-sections (2) and (3) of section 6 provide for the situation where the report of the committee contains a finding that the judge is 'guilty' of any ..... section (2) of section 25n it is not invested with the judicial power of the slate and it cannot be regarded as a tribunal within the meaning of article 136 of the constitution. 16. in mrs. sarojini ramaswami v. union of india, air 1992 sc 2219, a question arose whether the committee constituted under seclion 3(2) of the judges (inquiry) act, 1968 .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)1UPLBEC1028
..... .e. the petitioner has not complied with the lawful direction, he, therefore, cannot be permitted to raise any objection with regards to appointment of prabandh sanchalak under section 6 (3) of the payment of salary act, 1971. this court, while deciding the present petition, cannot reopen the settled position with regards to appointment of respondent nos. 5 and 6 as has been ..... college baraur, district kanpur dehat is an aided and recognized institution under the provisions of the intermediate education act. the provisions of the said act as also those of the u.p.high school and intermediate colleges (teachers and other employees payment of salary) act, 1971 are fully applicable to the teachers and staff of said institution.3. sri j.k. singh, who .....
Tag this Judgment!Court : Allahabad
Reported in : [2001(90)FLR348]; 2001LabIC3906; (2001)2UPLBEC1550
..... that the nominee of the provident fund has only the exclusive right to receive the fund. his rights are similar to that of a nominee under section 39 of the insurance act and the provident fund remains the property of the deceased subscriber and was available for distribution amongst his heirs in accordance with their personal law. ..... have no right over the provident fund. in m. malati and others v. m. dharma rao and another : (1968)illj59ori , it was held that there is nothing in sections 3. 4 and 5 of the provident fund act to indicate that the nominee receives the amount for the benefit of depositor's heirs or dependants. the orissa high court ..... the andhra pradesh high court dissented from the view taken in 1968 ori 8. in this decision, the andhra pradesh high court also considered section 5 of the provident fund act, 1925. in paragraph 13 of the judgment, the andhra pradesh high court noticed the amendments made in .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC296
..... in all official work of the state. for this purpose section 2 of the u.p. official language act, 1951, was amended by the u.p. official language (supplementary provisions) act, 1968. further, under the said section, a notification was issued whereby the government appointed january 26, 1968, as the date with effect from which hindi in ..... devnagari script was to be used in respect of all the official purposes of the stale, not covered by the earlier notification of october 30, 1952. under the amended section ..... case of umid singh and others v. jodhpur university, air 198} (noc) 204. an amendment in the ordinance no. 35 framed under section 34 (1) of jodhpur university act (act no. 17 of 1962) was made. making english language compulsory for intermediate examination certificate in order to obtain admission in iind year t.d. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1299
..... december, 2003. the petitioners also served a charge-sheet on the respondent no. 3 on 14th december, 2003. as required under section 16-g (7) of the u.p. intermediate education act, 1921, the committee of management sent the papers regarding suspension of the respondent no. 3 to the district inspector of schools for ..... a manifest error of law in holding that the present disciplinary proceedings amount to double jeopardy. he submitted that if a teacher or principal has committed acts of indiscipline and financial irregularities subsequent to earlier disciplinary proceedings, the committee of management is wholly within its right to take action and it will not ..... the meantime, it appears that the joint director of education had passed an order purporting to be under section 6(3) of the u.p. high school and intermediate colleges (payment of salaries to teachers and other employees) act, 1971 appointing an authorised controller. vide order dated 6th september, 2002 passed by this court in civil .....
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