Judgment Search Results Home > Cases Phrase: madhya pradesh reorganisation act 2000 section 40 arrears of taxes Court: allahabad Page 1 of about 11 results (0.058 seconds)

State of U.P. and ors. Vs. District Judge and anr.

Court : Allahabad

Reported in : 2008(2)AWC1887

..... reorganisation act, 2000 ..... the exercise of the executive power:(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor states of uttar pradesh and uttaranchal ; and(b) in any other case, of the state of uttar pradesh,and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights liabilities of the ..... existing state of uttar pradesh, be rights or liabilities of the state of uttaranchal or the state of uttar pradesh, as the case may be:provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between the successor states of uttar ..... learned standing counsel submits that the contract was entered into by the existing state of uttar pradesh for kumbh mela work at hardwar, now in the state of uttaranchal and it was therefore done for the purposes of the successor state of uttaranchal and therefore the rights and ..... that the 2nd respondent is entitled to the payment under the award and the dispute really is whether it is the liability of the state of uttar pradesh or that of uttaranchal the same can be resolved by appropriate legal proceedings between the two states or as provided under section 60 of the u.p. .....

Ashwani Dhingra Vs. C.B.i. and anr.

Court : Allahabad

Reported in : 2001CriLJ946

..... was having jurisdiction over this case and in view of section 28 of the uttar pradesh reorganisation act, 2000, the high court of uttranchal shall have the jurisdiction in respect of the special court c.b.i. ..... it was also informed that the provision of section 35 of the uttar pradesh reorganisation act, 2000 is under the consideration of the division bench. ..... thus, the provisions of section 91 of the uttar pradesh reorganisation act, 2000 are also not applicable.17. ..... section 93 of the uttar pradesh reorganisation act, 2000 makes it clear that the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law. ..... as earlier stated, when the bail application was filed after the appointed day, this application was not pending in this court on appointed day and, therefore, sub-clause (2) of section 35 of the uttar pradesh reorganisation act, 2000 is not applicable.15. ..... learned counsel for the applicant further placed reliance upon section 91 of the uttar pradesh reorganisation act, 2000. ..... learned counsel for the applicant was also arguing about the provisions of section 35 of the uttar pradesh reorganisation act, 2000. ..... section 28 of the uttar pradesh reorganisation act, 2000 is reproduced as below :the high court of uttranchal shall have, in respect of any part of the territories included in the state of uttranchal, all such jurisdiction, powers and authority as under the law in force immediately before the .....

Triveni Engineering and Industries Limited Through Its Occupier Dr. M. ...

Court : Allahabad

Reported in : 2006(1)AWC736

..... it is fairly conceded by the additional advocate general that except for section 60 of the reorganization act, 2000 the cane commissioner, uttar pradesh, has no authority to reserve/assign cane areas of uttar pradesh in favour of the sugar factories situate outside the territorial limits of the state of uttar pradesh including the state of uttaranchal.11. ..... reorganization act, 2000 inasmuch as discharge of statutory functions by the authorities of the state of uttar pradesh, in the present case cane commissioner, under an enactment while providing reservation/assignment to the sugar factories cannot be termed as a liability of the state of uttar pradesh with reference to section 60 of the u.p. ..... at this stage reference may also be made to the adaptation order of the state of uttaranchal dated 08.10,2002 issued in exercise of power under section 87 of the uttar pradesh reorganization act, 2000. ..... (2) any amount due from the occupier of a factory in pursuance of clause (a) of sub-section (1) shall be recoverable from such occupier as an arrear of land revenue.15. ..... similarly the law as laid down by the hon'ble supreme court in the case of commissioner commercial taxes (supra) is also well established. ..... in support of the said submission he has placed reliance upon the judgment of the hon'ble supreme court in the case commissioner commercial taxes, ranchi and anr. v. .....

Vinod Kumar and Others Vs. State of U.P. and Others

Court : Allahabad

Reported in : 1998(2)AWC910; (1998)2UPLBEC1360

..... sc 296 : bishwaranjan sahoo (supra) and hanuman prasad and others (supra), it would be profitable to refer to the two decisions of supreme court in state of madhya pradesh and others v. ..... another policy decision was taken by the state government to establish a livestock farms development authority and to reorganise and modernise the government livestock farms under the control of animal husbandry department and consequently the surplus employees of the central dairy and livestock farm were to be first absorbed and it was ..... a reference was made to the provision of sub-section (2) of section 3 of the act which lays down that 'if even in respect of any year of recruitment any vacancy reserved for any category of persons under sub-section [1) remains unfilled, special recruitment shall be made for such number of times not exceeding three, as may be considered necessary to fill up such vacancy from amongst the persons ..... the superior authorities, including the state government had taken a firm decision that no fresh appointment wen of the candidates of reserved category are to be made on the posts of group 'd', the act of the concerned deputy director, namely, sri ram la khan, was clearly in flagrant violation of such policy decision duly communicated to him. ..... only from the candidates belonging to the three reserved categories and the deputy director did not follow the said directions and acted against the policy decision of the government by making appointment of the petitioner nos. .....

Sita Ram Vs. State

Court : Allahabad

Reported in : AIR1968All207; 1968CriLJ721

..... where the power to appoint assistant accountants in treasury had been transferred by the state government to deputy commissioners by means of a circular letter containing rules, it was held that (1) the deputy commissioner was not acting on behalf of the state government while making the appointment and he himself was the authority constituted to do so, and (2) although the rules did not confer on the deputy commissioner the power to dismiss treasury ..... prior to the reorganisation of the services of lekhpals, the patwaris, who used to do the same work as the lekhpals, were governed by the rules framed under section 234 (b) of the land revenue act, 1901, and contained in ..... harish chandra v state of madhya pradesh. ..... : [1960]2scr89 that -'where a public servant commits the offence of cheating or abets another so to cheat the offence committed by him is not one while he is acting or purporting to act in the discharge of his official duty as such offence has no necessary connection between it and the performance of the duties of a public servant, the official status furnishing only the occasion or opportunity ..... the case of a lekhpal in uttar pradesh and he cannot be prosecuted for having committed an offence under section 218 i.p.c. ..... the next point to be considered is whether a lekhpal in uttar pradesh is a public servant, who is not removable from his office save by or with the sanction of the state ..... lekhpals in uttar pradesh are appointed under the lekhpals service rules, 1958, .....

State of U.P. and anr. Vs. Sadhu Ram Mittal

Court : Allahabad

Reported in : 2006(4)AWC4176

..... reorganisation act, 2000, according to which, 'where immediately before the appointed day, the existing state of uttar pradesh is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the states of uttar pradesh and uttaranchal under this act, the state of uttar pradesh or uttaranchal, which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the existing state of uttar pradesh or added as ..... be attracted then the restrictions provided in section 34 of the act would be redundant, that is why the legislature in its wisdom thought it fit to incorporate the scope similar to section 47 of the code of civil procedure, in section 34 of the arbitration act in order to bring finality before the decree ..... in section 42(2) of the arbitration act was made, which reads as under:the successor states shall be entitled to receive benefits arising out of the decisions taken by the predecessor state and the successor states shall be liable to bear the financial liabilities arising out of the decisions taken by the existing state of uttar pradesh.12. ..... it was argued that the word 'court' as defined in section 2(1)(e) of the arbitration act means 'the principal civil court of original jurisdiction in a district having jurisdiction to decide the question forming the subject-matter of the arbitration if the same had been the subject .....

Sulbha Devi Gupta Vs. the Benares Cotton and Silk Mills Ltd. (In Liqui ...

Court : Allahabad

Reported in : AIR1964All473

..... in this section the expression 'company' means any company liable to be wound up under this act and the expression 'arrangement' includes a reorganisation of the share capital of the company by the consolidation of shares of different classes or by both these methods, and for the purposes of this section unsecured creditors who may have filed suits or obtained decrees shall be deemed ..... was raised before the judicial committee as to whether the scheme proposed by the creditors in that case, was within the scope of section 153 of the act or not kamlapat, one of the creditors along with several others had made offers suggesting schemes for the payment to the share-holders ..... the privy council observed as follows :'faced with this difficulty counsel for the liquidators argued before the board that the scheme was not within section 153 at all ; and that it was a mere scheme for financing the company's affairs which the court could in the liquidation approve without ..... matter of patiala starch and chemical works ltd the point whether such an application was under section 153 of the act was not specifically raised and decided but certain observations made in that judgment were relied upon ..... it is a distinct juristic person, completely separate from its members or share-holders but section 153 of the act itself provides that the court may order a meeting of the creditors or class of creditors of the members of the company or class of members, as the case may be, to be called, held ..... income-tax, .....

Pradeshiya Jan Jati Vikas Manch U.P. and Others. Vs. State of Up and O ...

Court : Allahabad

..... of the writ petitioner is that the provisions contained in proviso (ii) to sub-rule (3) of rule 3 are inconsistent with the definition of the expression "population" in clause (32) of section 2 of the panchayat act as well as the definition of the said expression in clause (f) of article 243 of the constitution and, therefore, incompetent. ..... part ix and ixa were inserted in the constitution of india providing for the panchayats and municipalities, by constitution (seventy-third amendment) act, 1992 to give effect to one of the directive principles of the state policy namely article 40 of the constitution to confer certain powers of local ..... idea comes into play when it is found that a particular section is inadequately represented in a certain domain and a specific threshold is provided to ensure that this section of the population comes to be adequately represented with the passage ..... the assistant director, directorate of census operations, uttar pradesh, government of india, ministry of home affairs, lucknow has informed the director of panchayati raj lucknow, on 24th august 2010, that castewise figures of sc/st have been published and made available ..... the population of 'gond' in state was given code-09, district code-00, caste code-036 for uttar pradesh. ..... castes and scheduled tribes order (presidential order), included five castes as scheduled tribes in the state of uttar pradesh. ..... giving rise to this writ petition are that after the bifurcation of the state of uttar pradesh by u.p. .....

Pushpak Jyoti Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)1UPLBEC547

..... reorganisation act, 2000. ..... organisation act, 2000 with which we are concerned in these petitions are sections 73, 75, 76 and 77 of the act. ..... in that successor state and shall be deemed, on and from that day, to have been duly appointed to the post or office by the government of or any other appropriate authority in that successor state :provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.76. ..... this letter states that discussions had been held in the meeting with the three chief secretaries of bihar, madhya pradesh and u.p. ..... as soon as may be after the appointed day, the central government shall, by general or special order, determine the successor state to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. ..... day is serving in connection with the affairs of the existing state of uttar pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the state of uttar pradesh unless he is required, by general or special order of the central government to serve provisionally in connection with the affairs of the state of uttaranchal:provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed .....

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... madhya pradesh vidyut sudhar adhinixam 2000 (madhya pradesh act ..... terms and conditions for the determination of the revenue and tariffs and, in doing so, the commission shall he guided by the following, namely:(a) the financial principles and their application provided in sections 46, 57 and 57-a of the electricity (supply) act, 1948 and in the sixth schedule thereto;(b) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, observance of the conditions of the licence and other ..... the directions issued by the state government ipso facto and as such neither could have been treated to be a part and parcel of the tariff framed by state electricity board under section 49 of 1948 act nor could have force of law on its own but required to be considered by the concerned state electricity board while framing its tariff and only when it resolve and decide to implement such directions ..... laws shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910), and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made;(c) the indian electricity rules, 1956 made under section 37 of the indian electricity act, 1910 ( 9 of 1910) as it stood before such repeal shall ..... income tax officer : [1994]52itr524(sc) , .....