Court : Allahabad
Reported in : (1999)1UPLBEC490
..... that when demands are raised by the krishi utpadan mandi samiti against a trader before he could ask for transit of goods outside the market area, the trader would be entitled to tender a valid rebuttal to say that no sale had taken place within the notices area and that if the explanation is accepted there and then by the mandi samiti, no question of ..... supreme court disposed of the appeal by the judgment dated 25-3-1998 in which it has been held as follows :'this explanation was expanded by the high court by a process of reasoning to encompass the following acts :(1) every trader proposing to take out the goods manufactured or produced in the market area shall be entitled to issue of gate passes from the mandi samiti if he produces documents to establish that the ..... bench of the supreme court held, inter alia, that it is high time that market committees should be constituted in a regular manner on a permanent basis in accordance with the provisions contained in chapter iii of the act; but it is not correct to say that in absence of such a machinery no market fee can be levied or collected; if a dispute arises then in the first instance the market committee itself or any sub-committee ..... pradesh krishi utpadan mandi adhiniyam, 1964 (for short 'the act'). ..... noted above, the learned trial judge passed the order of interim injunction in the form and on the terms noted ..... as noted earlier, the question of levy and realisation of market fee by mandi parishad has egnaged the attention of this court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All223
..... citizenship rules which nominates the central government as the prescribed authority for deciding the question of citizenship under section 9 of the citizenship act is ultra vires because that government could not appoint itself as the prescribed authority.during arguments, all the pleas raised in the appellant's counter-affidavit were not pressed, and mr. s. j ..... secretary to the government of india, ministry of home affairs, who had signed the formal order of 8-7-1963 had no jurisdiction to pass an order under section 9(2) of the citizenship act, because the power to make a decision under this sub-section had not been assigned to an officer of the rank of under-secretary.he also contended that rule 30 of the ..... voluntarily' means that the person obtaining the passport acted of his own volition and knew the nature of his act and did not act in performance of a legal duty, nor due to coercion, or fraud, ..... particularly, a person who admits that he obtained a passport of another state but tenders before the competent authority evidence which, if believed, will prove that he did ..... the ministry of home affairs according to the formal procedure, and examined by the under secretary in the ministry who put up a note on the basis of the material which had been furnished by the appellant. ..... on august 6, 1964, learned counsel for the state filed an affidavit to which an attested copy of the aforesaid order was attached, together with an application praying that .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]40CompCas282(All)
..... after having considered this submission seriously, i have reached the conclusion that, although such a declaration may be made in a case under either section 397 or section 398 of the act which cannot be properly proceeded with or satisfactorily decided without an investigation by an inspector or by inspectors, it should not be given where, after considering the merits of a case, proceedings under either section 397 or section 398 do ..... but, inasmuch as the jurisdiction of the court under the act is, as a matter of practice and generally applied rules, exercised on the basis of evidence tendered through affidavits, it is possible to refuse the exercise of discretionary power on the ground that more detailed and necessary oral and documentary evidence can be conveniently produced in another type of proceeding which may be available ..... the correctness of the allegation that the balance-sheet ending march, 1964, did not show the purchase of any machinery or plant, ..... this section only comes into play, as the marginal note shows, when there is actual mismanagement or apprehension of mismanagement of ..... to 237 of the act empower the central government to appoint one or more inspectors to investigate the affairs of a company and to submit a report, which is made legally admissible evidence, by section 246 of the act, in proceedings before a ..... be held to have made out a case for believing that the contestingopposite parties are not legally authorised to conduct the affairs of the company. 27. .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)34CTR(All)313; [1984]146ITR181(All); [1983]14TAXMAN211(All)
..... (1) income of every kind which is not to be excluded from the total income under this act shall be chargeable to income-tax under the head 'income from other sources', if it is not chargeable to income-tax under any of the heads specified in section 14, ..... for determination was whether the income derived by the assessee was taxable under the head 'income from business' under section 10(2) of the act or under 'income from property' falling under section 9 thereof. ..... the legal position and the precedents thereabout: income from house property postulates that what has essentially been let out is house property though some ..... save as otherwise provided by this act, all income shall, for the purposes of charge of income-tax and computation of total income, he classified under the following heads ..... the present case, we have reservation in accepting the ground upon which the learned judges of the kerala high court purported to distinguish the decision of the supreme court in sultan brothers' case : [1964]51itr353(sc) . ..... of section 56(2)(iii) and relied upon the decision of the supreme court in the case of sultan brothers : [1964]51itr353(sc) . ..... cit : [1964]51itr353(sc) , where the supreme ..... katju, for the revenue, has contended that the income of the assessee was attributable to and assessable as 'income from house property' under section 22 of the act and could not be treated to be income from other sources, for it was not covered by the provisions contained in section 56(2)(iii) of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All163
..... , in transit, of animals or goods delivered to the administration to be carried by railway, arising from any cause except the following namely;-- (a) act of god; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the central government or a state government or by any officer or authority subordinate to the central government or a state government authorised in this behalf; (f) act or omission or negligence of the consigner or the consignee or the agent or servant of the consignor or the consignee; (g) natural deterioration ..... prabhu dayal (supra) the supreme court has held that if the circumstances show that the risk note would apply, the court would have to decide whether mis-conduct on the part of the railway can be fairly inferred from the evidence produced by it. ..... (3) when any animals or goods are deemed to have been tendered to be carried, or are carried at the owner's risk rate, then notwithstanding anything contained in section 73, the railway administration shall not be responsible for any loss, destruction, damage, deterioration or non-delivery, in transit, of such animals or goods, ..... 16 of 1964.2. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3200; (1999)3UPLBEC1934
..... counsel for the appellant argued that in view of section 14(b) of the specific relief act, the suit is not maintainable because no specific performance of contract of personal service ..... say that the terms and conditions have any legal force until and unless they are embodied in ..... the committee of management are under an obligation to discharge the public duty to act in accordance with the statutory rules while dealing with the teachers of the junior high school as they are discharging constitutional obligation of imparting basic education which is a fundamental right of a child in this country up ..... if a private body whose actions are regulated by statute and which is to act according to statutory rules, it cannot terminate the services of the employee arbitrarily. ..... committee are under obligation todischarge the public duty to act in accordance with the statutory rules while dealing with ..... thetermination of the service of atemporary teacher by giving himone month's notice or one month'spay in lieu thereof, and those ofsection 16g (3) of the intermediateeducation act, requiring the priorapproval of the inspector for givingsuch notice, are statutoryprovisions. ..... learned judge after considering the authorities of the supreme court held that though the committee of management or executive committee which is not expressly a statutory body but even if a private body has acted in violation of statutory provisions the court can grant specific performance. ..... (1964) scr 55, 59 : air 1964 sc 1680 ; .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(104)FLR349]; (2005)1UPLBEC649
..... is submitted by learned counsel for the workman that the view taken by the labour court that the case of termination of the workman cannot be covered by the provisions of section 25fff and is covered by section 25f of the act, suffers from the manifest error, of law and deserved to be interfered with by this court in exercise of power under article 226 of the constitution of india.27. ..... the industry itself has been closed down and the view taken by the labour court that the workman concerned at the most can be said to be entitled for the compensation under section 25fff of the act (central act) and the termination of the workman cannot be said to be violative of section 25f of the act, so as to grant relief for re-instatement with continuous service.26. ..... view of the provisions of section 25f of the central act, the concerned workman will be entitled to only retrenchment ..... through public tender in different parts of india and ..... further argued that the tribunal had gone wrong in holding that the retrenchment was illegal as section 25f of the industrial disputes act had not been complied with. ..... act', and the provision of section 25f of the industrial disputes act, 1947, in short 'central act ..... court to decide, as no further issue has been raised except that in the facts and circumstances of the case, the termination of the services amounts to retrenchment within the meaning of section 25f of the central act and section 6-n of the u.p. ..... : air 1964 sc 1617 at ..... state of bombay, (1964) 6 scr 22 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All180
..... the aid of rules and decides that the deputy director of consolidation is subordinate to the director of consolidation in air 1985 all 172 disagreeing with the view taken by the bench in lal singh's case, 1964 all wr (hc) 68 (supra) where it has also been decided apart from what has already been discussed above that a deputy director of consolidation is not subordinate to the director of consolidation after the ..... case decided or proceeding taken, where he is of the opinion that a deputy director, consolidation has- (i) exercised jurisdiction not vested in him in law; or (ii) failed to exercise the jurisdiction vested in him; or (iii) acted in the exercise of his jurisdiction illegally or with substantial irregularity; and as a result of which substantial injustice appears to have been caused to a tenure-holder, and he may after affording reasonable opportunity of hearing to the parties ..... call for and examine the record of any case decided or proceedings taken by any subordinate authority for the purpose of satisfying himself as to the regularity of the proceedings; or as to the correctness, legality or propriety of any order passed by such authority in the case or proceedings and may, after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as ..... a second appeal.section 21 (6) requires it to be conducted as a second appeal would be conducted but does not enact the legal fiction that it shall be deemed to be a second appeal. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All309
..... of 1974, decided on 21st november, 1874 (all), in support of his contention that even in a case where any of the explanations to section 21 (1) (a) was applicable the prescribed authority was under a legal duty to consider the various factors prescribed under rule 16 and the hardship likely to be caused to the tenant on his eviction from the premises. ..... but even if the question of likely hardship to the tenant was required to be considered the two authorities have considered that question as noted earlier the prescribed authority as well as the district judge both recorded a finding that ii the application of the landlord was refused great hardship would be caused to the ..... he further urged that the various factors prescribed in rule 16 are not necessary to be considered by the prescribed authority in a case where the explanation to section 21 (1) of the act was applicable and in the alternative he urged that the prescribed authority as well as the appellate authority, considered the question of likely hardship to the tenant and the orders do not suffer from any patent ..... radhakrishnan : [1964]5scr64 the supreme court observed as follows:--'the jurisdiction of high court to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court, the limitation necessarily means that findings of fact reached by the inferior court or tribunal as result of the appreciation of evidence cannot be re-opened or questioned in writ .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All525
..... me necessary that i should first examine the finding of the learned civil judge as to misconduct of the arbitrator and the reasons on which it is founded and then proceed to a consideration of the above question, as noted above, the learned civil judge held that the omission on the part of the arbitrator to decide the question of adoption of saktoo and the acceptance by the arbitrator of a remuneration in excess of the amount fixed by ..... derived support for the opinion expressed by him in the case of govind das is also out of quettion now in view of the fact that section 39 of the arbitration act of 1940 specifically provides for an appeal against an order setting aside an award and it can no longer be urged that such an order is not intended to be challenged before a ..... vemi reddi, air 1923 mad 367 a division bench of the madras high court held that a person who claimed to be the legal representative of a woman under a will in respect of property possessed by her as a widow of her deceased husband was not ..... which were in the nature of irregularities amounted to legal misconduct and the arbitrator could be said to have misconducted ..... sheth : [1964]8scr1 it was observed as below:--'the question raised was whether a decree in ejectment should be passed on the ground of personal requirement under section 13(1)(g) of the act where it was proved that the landlord wanted to pull down the premises and build another and then occupy it it was said that in such a case ..... the legality of the award .....
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