Court : Allahabad
..... and without giving copy of relevant papers and without affording opportunity of hearing the termination order was passed and these objections are required to be examined by the authority concerned. the termination order itself is illegal and the same is liable to be quashed. hence in view of the facts, the impugned termination order dated ..... will be governed by the provisions applicable to the high school and intermediate college. hence the provisions of u.p. intermediate education act, 1921 and the other provisions including act of 1971, act no.5 of 1982 and rules and regulation framed there under will be applicable. 10. in view of the aforestated discussion it is ..... college in the year 1999. it is undisputed that upon being upgraded as a high school, the institution has been recognised as such under the provisions of act, 1921. this undisputed position, therefore, clearly establishes that the institution ceases to be a junior high school and for the purposes of appointment of head of .....
Tag this Judgment!Court : Allahabad
..... (all.); cit v. mascomptel india ltd., 2012 (345) itr 58 (delhi); r.k. upadhyaya v. shanbhai p patel, 1987 (166) itr 163 (sc); delhi development authority v. h.c. khanna, air 1993 sc 1488 in submitting that notice under section 148 issued after 6 years was barred by time under section 149; it was also issued ..... provide the beneficiaries with supporting documents like gift affidavits, confirmations, bogus contract notes etc., to make the transaction appear genuine. some of such concerns are also acting as share and stock brokers but in such disguise, they are basically carrying out the activities of money laundering and all such evidences are fabricated and arranged ..... given any opportunity to controvert the computation. 7. shri r.p. agrawal submits that the respondent no.1 had summoned several persons under section 131 of the act and made enquiries from the banks, stock exchanges, sebi, clients/ parties with whom the petitioner was having business dealings, and made enquiries. he relied upon .....
Tag this Judgment!Court : Allahabad
..... at source from the amount payable to the legal heirs of the deceased. 44. in commissioner of income tax vs. chiranji lal multani mal rai bahadur (p.) ltd. (supra), ghaziabad development authority vs. dr. n.k. gupta (supra), commissioner of income-tax vs. h.p. housing board (supra), commissioner of income-tax vs. sahib chits (delhi) (pvt.) ltd. ..... , it amounts to compensation, though called interest, and would not be taxable. 20. in ghaziabad development authority vs. dr. n.k. gupta, (2002) 258 itr 0337, the national consumer disputes redressal commission interpreting section 194a of the income tax act, 1961 has held that if proper infrastructure facilities have not been provided to a person who was ..... assessee in default and liable to pay the demand equal to the amount of tds u/s. 201(1) of the i.t. act, 1961." 9. the above findings of the assessing authority was approved by the cit (appeals)-1, agra vide order dated 28.3.2003 and held that the interest payment awarded under section 171 .....
Tag this Judgment!Court : Allahabad
..... assessees have failed to produce the donors for cross examination and the document regarding their identity or capacity has been produced by the assessees. all the authorities below have elaborately considered the material available on record and have come to a definite conclusion that the assessees had failed to prove the genuineness of the ..... both the appellants are doctors by profession and are husband and wife. on 5.3.1992, a search under section 132(1) of the income tax act, 1961 (the act) was conducted at their residence and nursing home, in which certain documents regarding unexplained investments were found. the appellants house was under construction, in which ..... real and accordingly treated all those amounts which were credited in the account books of the assessees as their income applying section 68 of the income- tax act, 1961. the assessees did not contend that even if their explanation was not satisfactory the amounts were not of the nature of income. the commissioner (appeals .....
Tag this Judgment!Court : Allahabad
..... so the argument advanced by learned state counsel with the aid of the provisions as provided under sub-section 1 of section 5 of the act that the impugned order passed by the prescribed authority while adjudicating and deciding the dispute involved in the instant case after taking into consideration that the land belongs to sri vishwa nath singh and passing ..... that the sale deeds executed in the year 1959 by him were to get out of the clutches of the section 5 (6) of the act, as such, the finding given by the prescribed authority (ceiling)/additional collector, sitapur/opposite party no.3 by means of the impugned order dated 16.9.2009 that the sale deeds in question are ..... ground that it has got no power to do so, is an action in contravention to the provisions as provided under section 38 of the act, and by virtue of the said provisions the appellate authority has got all powers and privileges to review its earlier order, hence the impugned order dated 4.4.2003 is contrary to the said .....
Tag this Judgment!Court : Allahabad
..... a lot of people in this area have been reported to kill themselves. 72. due to frequent drought and other natural calamities as also non-availability of development plans to the down-trodden area, the agricultural rural masses are facing acute scarcity of funds to meet their needs. in order to sustain themselves and their ..... this court found that this matter needs further examination. in this backdrop, the court passed a detailed order dated 4.11.2011, requiring certain informations from respondent authorities including how and in what circumstances short supply of foodgrains and other essential commodities is being made in this backward area (bundelkhand part of state of uttar ..... paid at the first instance by respondent no.3 but it shall have liberty to recover the said amount from the official(s) concerned found responsible for acting in such a reckless and mindless manner forcing an avoidable litigation upon the petitioner. a report taking action and its result would be submitted to this .....
Tag this Judgment!Court : Allahabad
..... too petitioner was externed. submission of learned counsel for the petitioner is that cases pending being quite old, there was no occasion for the authorities to resort the provisions of the act. there was no fresh material to suggest that petitioner was still indulged in any activities prejudicial to the peace of society. it is further ..... in the case of lakshman khatik vs. state of west bengal, air 1974 sc 1264, the gap of complained act and the impugned order was only of seven months. the hon'ble court observed as under : "the authorities concerned must have due regard to the object with which the order is passed, and if the object was ..... , pertinent, proximate and relevant, that sufficiency of grounds is not for the court but for the detaining authority for the formation of subjective satisfaction that the detention of a person with a view to preventing him from acting in any manner prejudicial to public order is required and that such satisfaction is subjective and not objective. .....
Tag this Judgment!Court : Allahabad
..... any party to such legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfied that there is no sufficient reason why the matter should not be referred in accordance ..... law. regarding the issue that the arbitrator could not award pendete lite interest, the law is now well settled that the arbitrator in proceedings under the 1940 act can award pedente lite interest. since there were three separate contracts and the arbitrator has given three separate awards therefore the appellate court has rightly observed that ..... adjudicated upon in suit no.263 of 1981 since the suit was a money suit and the court never appointed the arbitrator. chapter ii of the arbitration act, 1940, deals with arbitration without intervention of a court. section 14 therein provides that the arbitrator shall sign and file the award in court and section .....
Tag this Judgment!Court : Allahabad
..... by manager of society, i.e., smt. s.n. george. any other person claiming to have called a meeting of society to hold election would be acting illegally and outside his authority. 47. it is said that five years tenure of society was to expire in may, 2002 and before its expiry election was held by society in ..... writ petition no. 41784 of 1999. it was contended that a dispute relating to continuance in office could have been referred for adjudication by prescribed authority under section 25(1) of act 1860 and should not have been decided by deputy registrar. the court while entertaining the writ petition granted an interim order on 29.9.1999 staying ..... dated 01.10.2009 and 13.10.2009 are hereby set aside. the deputy registrar/registrar is directed to make an appropriate reference to prescribed authority for its decision under section 25 of act, 1860 in respect to disputes in question. 57. it is, however, provided that smooth functioning of institution is of utmost importance and individual .....
Tag this Judgment!Court : Allahabad
..... said to be 'property of the union, hence may be liable to state or municipal taxation vide air 1982 sc 697 western coalfields vs. special area development authority, (1999) 4 scc 458 electronics corporation of india vs. secretary, revenue department, government of andhra pradesh. iv. law commission's report on article 286 ..... referred to by shri sunil gupta, learned senior counsel. they are:-the petroleum and natural gas regulatory board act, 2006, policy for development of natural gas pipelines, the petroleum and natural gas regulatory board (authorizing entities to lay, build, operate or expand natural gas pipelines) regulations, 2008, the petroleum and natural gas ..... and natural gas pipeline) regulations, 2010, the petroleum and natural gas regulatory board (petroleum and natural gas register) regulations, 2010, the oilfields (regulation and development) act, 1948. 104. hon'ble supreme court in a case reported in (2004) 4 scc 489 association of natural gas and others vs. union of india .....
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