Judgment Search Results Home > Cases Phrase: legal tender inscribed notes act 1964 Court: allahabad Page 1 of about 154 results (0.079 seconds)

Naresh Kumar Maheshwari Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1992All18; (1992)1UPLBEC380

..... under article 226, the high courts have power to entertain a petition for cerf iorari and to quash an order passed by the election tribunal, but having regard to the amendment in 1956 to the representation of the people act by insertion therein of section 116-a it is proper exercise of discretion under article 226 of the constitution that the high court should decline to interfere with interlocutory orders since the intention of the legislature in enacting section 116a ..... we may emphasise that in clause (b) of sub-section (1) of section 47a it is mandated that on the expiry of three days after the date of sending of communication under section 87a a president shall not only stop acting as such but shall be deemed to be incapacitated from functioning as president within the meaning of section 55, section 55 prescribes that the vice-president shall, in the absence of president from a meeting of the board, preside etc ..... municipalities (amendment) act, 1964 (no. ..... it follows that the state government cannot prevent the legal consequences which will flow from the resignation of a president or from the fact that a person has ceased to hold the office of the president after the expiry of three days from the date of receipt of the ..... section 47a has the marginal note: 'resignation of president on vote of no-confidence' ..... the idea of the acceptance of the resignation, therefore, is foreign to the scheme of section 47 a, the resignation becomes effective, the moment it is tendered by the president. .....

Northland Development and Hotel Corporation Vs. Commissioner of Income ...

Court : Allahabad

Reported in : [2006]285ITR265(All)

..... subsequent offer by the assessee to tax the excess interest claimed and allowed and cooperation in the assessment proceeding would not make any difference to the act of the assessee which had already been committed while filing the return by claiming excess deduction of interest and concealing the fact of the decree, though, before filing the return, the decree was in existence. ..... by section 40 of the finance act, 1964, the word 'deliberately' was omitted from section 271(1)(c). ..... at the instance of the assessee, the income tax appellate tribunal (hereinafter referred to as the 'tribunal') has referred the following question of law under section 256(1) of the income tax act, 1961 (hereinafter referred to as ' acf) relating to the assessment years 1983-84 to 1987-88 for opinion to this court. ..... assessee had claimed before the cit (a) that a note had been appended in the return of income for assessment year 1983-84 giving the particulars of the decree but we find that such a lnote was given only in the return filed in pursuance to notice under section ..... ) exercising the powers under section 263 of the act had set aside those orders as being erroneous and pre-judicial to the interest of revenue. ..... when the order was passed by the first additional civil judge, agra on 30.4.1982 why such an entry was made in the books of account and the claim of higher interest was made, though, it was not legally due. .....

Mani Kant Tiwari Vs. Babu Ram Dixit

Court : Allahabad

Reported in : AIR1978All144

..... is payable in the same manner as any other debt and the debtor has to pay his creditor in cash or other legal tender, but there can be no dispute that the mode of payment can be altered by agreement. ..... in the said case that where the money order for the amount demanded was sent to the plaintiff well within the period of expiry of notice, then, even if the money order was tendered for payment to the plaintiff after the expiry of the period of notice, provisions of law would be complied with and the defendant would not be a defaulter.18. ..... on : air1954all480 which is a division bench pronouncement of this court where the question of tenant's default was considered and it was laid down that the sending of a bank draft did not amount to payment or even a tender of the amount due and the defendant must be deemed to have been guilty of wilful default within the meaning of the then section 3 (1) (a). ..... abatement of rent is sought on the ground that the plaintiff discontinued supplying electric current to the appellant and due to this act of the plaintiff, there was disturbance in the quiet enjoyment of the accommodation to which the appellant as the tenant was entitled ..... the head note of the said case is as follows:-- 'the principles governing the construction of a notice to quit laid down by english cases are equally applicable to cases arising in india and they establish that notices to quit, though not ..... sugan chand : [1964]5scr239 approved of the law laid down in the said privy council .....

Committee of Management, GangadIn Ram Kumar Inter College Through Its ...

Court : Allahabad

Reported in : 2006(4)AWC3731

..... of virendra kumar pandey and arjun mishra and the reasons given by the learned single judge in his judgment dated 22.10.1997 for allowing the writ petitions filed by virendra kumar pandey and arjun mishra, as noted above rival elections were set up by arjun mishra and virendra kumar pandey on 1.4.1990 which elections were disapproved by the deputy director of education on 20.12.1991, against which order the writ petitions filed by ..... but for the sake of order and regularity, and to prevent confusion in the conduct of public business and in security of private rights, the acts of officers de facto are not suffered to be questioned because of the want of legal authority except by some direct proceeding instituted for the purpose by the state or by some one claiming the office de jure, or except when the person himself attempts to build up some right, or claim some privilege or emolument, ..... it is contended that the deputy director of education was obliged to appoint a prabandh sanchalak for holding fresh election in pursuance of the order dated 22.10.1997 and in not doing so he acted contrary to the order dated 22.10.1997 in continuing illegal committee alleged to be elected on 4.6.1996 giving occasion to the said committee to again perpetuate the illegality by conducting another election in 1999 and ..... was withdrawn and invitations for new tenders spread over several rural areas in various states have now been ..... 963 of 1997 and 1964 of 1997 or any order passed therein the writ petition .....

C.M. Pandey S/O Dr. C.S. Pandey Vs. State of U.P. Through Secretary, A ...

Court : Allahabad

Reported in : 2006(3)AWC2668

..... daily wage and work charged basis without any post and without following existing statutory regulations in the establishment of mandi parishad as well as market committees thus in total different factual and legal back drop, altogether therefore cannot be stretched to cover the case of the petitioner which has already attained finality between the parties and the respondent cannot be justified in reopening the case ..... observations have to be read in the light of question which arose for consideration in that case as pointed out earlier that the aforesaid decision has been rendered in different factual and legal back drop of the aforesaid case, therefore, the same cannot be pressed into service to cover the case of petitioner in which the judgment rendered by this court has already attained ..... and distinguishable from the facts and situation of the case decided by hon'ble apex court in a decision rendered in neeraj awasthi case (supra) therefore in view of the aforesaid factual and legal back drop of the case of neeraj awasthi (supra) we are of the considered opinion that the respondent could not have legitimately terminated the services of the petitioner by pressing the aforesaid ..... it appears that the state legislature has enacted the act in the year 1964 and regulations have been framed by the board with the previous approval of the state government in the year 1984 after expiry of almost about 20 years therefore ..... for allahabad it was noted that the principal seat of hon'ble high .....

Ravi Kiran JaIn Vs. Bar Council of U.P. Through Its Secretary and ors.

Court : Allahabad

Reported in : AIR1974All211

..... sc 1576 in support of his contention that even on the application of the principles contained in section 21 of the general clauses act the bar council had no power to modify or rescind or vary the notification issued for holding the elections. ..... by section 49-a (a) and (b) the bar council of india is empowered to make rules for discharging its functions under the act and to frame rules which may prescribe the conditions subject to which an advocate may be entitled to vote at an election to the state bar council including the qualifications or disqualifications of voters, and the ..... amending bill had been introduced in the lok sabha proposing various amendments in the advocates act, 1964. ..... the bar council of uttar pradesh in exercise of its power under section 15(2) of the advocates act, 1961, framed rules which regulate the manner and procedure of holding the election of the members ..... electoral roll as finalised by 29th august, 1973, should be the basis for holding the elections and no addition of fresh names can legally be made in the electoral roll. ..... before me and made a statement that he was opposed to the postponement of the election of the bar council, but when the election was postponed by the majority vote of the members, he tendered his resignation in protest. ..... he got his dissent noted in the minutes of the bar council and in protest he walked ..... as already noted in the instant case only nomination papers had been filed, the date for withdrawal and scrutiny had not expired and the .....

State of U.P. and Others Vs. Smt. Shakuntala Shukla, S.i., Police

Court : Allahabad

Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702

..... of subordinate ranks of various police forces in state now come under the purview of the rule-making power of the governor under article 309 and their service conditions other than those specified in section 7 of the act can be regulated by rules made under the proviso to article 309 in as much as matters relating to disciplinary action are to be governed by 'such rules as the state may from time to time make under this ..... of services and posts in connection with the affairs of the state, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an act of the appropriate legislature under this article, and any rules so made shall have effect subject to the provisions of any such ..... needless to say that the distinction in respect of rule making powers as visualised by section 241 of the government of india act, 1935 which empowered the governor of a province to make rules regarding services of the province, and posts in connection with the affairs of a:province and section 243 thereof which provided that 'notwithstanding anything in the foregoing ..... v-500-51.dated august 18, 1964, on thesubject noted above. ..... any deviation will be enforced by legal sanction of declaration by courts to invalidate actions in violation of rules and regulations. .....

Smt. Bimla Devi Gupta Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : (2009)221CTR(All)359

..... sub-section (1), or, as the case may be, sub-section (6), of section 269ue:provided that if any liability for any tax or any other sum remaining payable under this act, the wt act, 1957 (27 of 1957), the gt act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under section 269uf, the appropriate authority may, in lieu of the payment of the amount of consideration, set off the ..... entitled to the amount of consideration does not consent to receive it, or if there is any dispute as to the title to receive the amount of consideration, the central government shall deposit with the appropriate authority the amount of consideration required to be tendered under sub-section (1) within the period specified therein:provided that nothing herein contained shall affect the liability of any person who may receive the whole or any part of the amount of consideration for ..... sub-section (1) of section 269ug or deposit under sub-section (2) or sub-section (3) of the said section, the whole or any part of the amount of consideration required to be tendered or deposited thereunder within the period specified therein in respect of any immovable property which has vested in the central government under sub-section (1) or, as the case may be, sub-section (6) of section 269ue, the order to purchase .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... read with section 17(1) and/or 17(4), the high court should insist upon filing of reply affidavit by the respondents and production of the relevant records and carefully scrutinize the same before pronouncing upon legality of the impugned notification/action because a negative result without examining the relevant records to find out whether the competent authority had formed a bona fide opinion on the issue of invoking the ..... who was required to consider all aspects and no reasons/recommendations having been there in the notings of the officers of the state government as noticed above, there was no material on record to dispense with the inquiry under section 5a of the act; (iii) even assuming without admitting that reasons given by the gnoida in its note of justification for issuing notification under section 4/17 were considered and relied by the state government ..... once such an area is a deemed notified area under the gujarat municipalities act, 1964, it is equated with an industrial township under part ixa of the constitution, where ..... the interveners have obtained allotment in open tender proceedings and after getting allotment got possession from the authority and after getting the necessary approval/sanction of plan have made ..... . it is submitted that even if 80% compensation is not tendered/paid to the land holder, acquisition shall not be vitiated, reliance has again been placed on judgment of sateyendra prasad jain (supra) as well as the judgment of the apex court in .....

HafizuddIn Adult Son of Sri MajeeduddIn Vs. Additional District Judge ...

Court : Allahabad

Reported in : [2006(109)FLR877]; (2006)IIILLJ276All

..... has the effect of imposing on the employer or the other person a financial liability exceeding one thousand rupees) or (b) by an employed person or any legal practitioner or any official of a registered trade union authorized in writing to act on his behalf or any inspector under this act, or any other person permitted by the authority to make an application under sub-section (2) of section 15, if the total amount of wages claimed to ..... of wages and penalty for malicious or vexatious claims- (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as a judge ..... the discussion we may also note that a division bench of ..... here, as pointed out by this court in kaushalya rani's case : [1964]4scr982 the time limit of sixty days laid down in sub-section (4) of section 417 is a special law of limitation and we do not find ..... it is worthy of note that although the act has been amended on several occasions, a provision like section 86(1) as it now stands has always been on the statute book but whereas in the act of 1951 the discretion was given to the election commission to entertain a petition beyond the period fixed if it was satisfied as to .....