Judgment Search Results Home > Cases Phrase: pharmacy act 1948 section 25 term of office and casual vacancies Court: allahabad Page 1 of about 14 results (0.094 seconds)

Jitendra NaraIn Gangwar and ors. Vs. U.P. Technical University at Luck ...

Court : Allahabad

Reported in : 2003(4)AWC3266

..... sections 5, 6 and 7 provide for election of president and vice-president of central council and their term of office and manner in which casual vacancies are to be filled. ..... it must, therefore, be held that the provisions of 1987 act covers the field of providing minimum standard of education in pharmacy, and thus, 1991 regulations as framed under the pharmacy act, 1948 stands impliedly repealed.23. ..... he further submits that the provisions of pharmacy act, 1948 after enforcement of all india council for technical education act, 1987, stand impliedly repealed under article 372 of the constitution of india, and as such b. ..... niranjan, learned standing counsel and sri neeraj tiwari have countered these submissions by mentioning that pharmacy act, 1948 and the regulations framed thereunder clearly hold the field and as per 1991 regulations, there is clear cut prohibition for awarding grace marks. ..... section 3 of the 1948 act provides for the constitution of a central council by the central government by the name of pharmacy council of india having a perpetual succession and a common seal. ..... thus, it will be seen that the 1948 act and the 1987 act are two parallel enactments relating to coordination and determination of standards in colleges and institutions offering course in pharmacy. ..... section 12 of the 1948 act then makes a provision for approval of the courses of study for pharmacists by the pharmacy council of india. .....

Upper India Chamber of Commerce Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : AIR1948All64

..... the income-tax officer assessed the assessee in the years in question : (1) in respect of its interest on securities and deposits, under sections 6(ii) and 5, income-tax act; (2) in respect of the entire annual value of its property, under sections 6(iii) and 9(i) of the act, without making any apportionment in respect of any portion thereof occupied for the purpose of 'any business, profession or vocation carried on' by the assessee ' ..... the income-tax appellate tribunal, is this:(2) whether in respect of the annual value of one half portion of the house property used as the premises of the chamber, the chamber is entitled under section 9(1) to exemption from income-tax as for a portion pf the property occupied by the assessee for the purpose of the vocation carried on by it.to my mind, we have first to consider the unattractive ..... a number of securities yielding it dividends, a bank deposit or bank deposits from which it derived interest, and certain premises at cawnpore, part of which it let out at rent to the post office, of the rest of which it occupied some portion as its own offices and in the remainder housed rent free its secretary, mr. h.w. ..... in respect of the annual value of one half portion of the house property used as the premises of the chamber, the chamber is entitled under section 9(1), income-tax act, to exemption from income-tax as for a portion of the property occupied by the assessee for the purpose of the vocation carried on by ..... and 'calling' were synonymous terms .....

Upper India Chamber of Commerce Cawnpore Vs. Commissioner of Income-ta ...

Court : Allahabad

Reported in : [1947]15ITR263(All)

..... with these i deal later.the income-tax officer assessed the assessee in the years in question :- (1) in respect of its interest on securities and deposits, under section 6 (ii) and section 8 of the indian income-tax act; (2) in respect of the entire annual value of its property, under section 6 (iii) and section 9 (1) of the act, without making any apportionment in respect of any portion thereof occupied for the purpose of 'any business, profession or vocation carried on' by the assessee 'the profits of which were assessable to tax', on the simple ..... the question, as framed by the income-tax appellate tribunal, is this :-'(2) whether in respect of the annual value of one half portion of the house property used as the premises of the chamber, the chamber is entitled under section 9 (1) to exemption from income-tax as for a portion of the property occupied by the assessee for the purpose of the vocation carried on by it'.to my mind, we have first to consider the unattractive questions whether, notwithstanding the way in which ..... pronounced in this case, both the questions that had been referred to this court are answered in the affirmative.we direct that copies of all the three judgments be sent under the seal of the court and the signature of the registrar to the appellate tribunal concerned.the parties will bear their own costs of this reference.we assess the fee of the learned counsel who appeared for the income-tax department ..... that 'vocation' and 'calling' were synonymous terms. .....

Municipal Board/Nagar Palika Vs. District Judge and ors.

Court : Allahabad

Reported in : 2004(3)AWC2140

..... public premises (eviction of unauthorised occupants) act, 1971 and having been dismissed in default after such conversion, the contention of sri misra that the act, 1959 having been declared ultra vires, the order passed thereunder would not operate res judicata, cannot be accepted inasmuch as admittedly, subsequent to the act of 1959 being declared ultra vires the state itself has chosen to convert the proceedings under the u.p. ..... public land (eviction and recovery of rent and damages) act, 1959 itself has been declared ultra vires by the hon'ble supreme court of india, consequently all the proceedings taken thereunder are rendered null and void and cannot be said to be binding on any person whatsoever, including the parties which were litigating thereunder.12. ..... if the state is permitted to initiate parallel proceeding for eviction of the aforesaid persons again and ultimately the said proceedings are decided in favour of the state, it would necessarily mean that there would be two conflicting orders between the same party in respect of the same premises, which cannot be justified. ..... public premises (eviction of unauthorised occupants) act, 1971 by the state itself against the respondents stands dismissed for want of prosecution and the said order, as per the records available, has become final between the parties and has not been challenged any further. ..... 23 of 1992 before the district judge, lalitpur under section 9 of the u.p. ..... 521-353 under section 3 (1) of u.p. .....

Brigade Commander, Meerut Sub-area and anr. Vs. Ganga Prasad and anr.

Court : Allahabad

Reported in : AIR1956All507

..... benefit of a decision by a court of law if the same authority in exercise of his unfettered discretion chooses to proceed against him by a regular suit for ejectment instead of taking recourse of the provisions of this act.this unguided and unfettered discretion of a non-judicial authority to relegate persons similarly situated to different remedies clearly violates the principle of equality before the law guaranteed by article 14 of the constitution so that the provisions of this ..... this judgment the brigade commander has come up in special appeal and on his behalf it has been urged that the learned single judge failed to consider the amendment of the definition of the words 'government premises' in the government premises (eviction act) which amendment was made by section 25 (2) (b) of act 30 of 1952 and an open piece of land was also included in the definition ..... been left to the sweet discretion of the 'competent authority' to determine firstly that the premises are government premises and secondly that the occupation of the person in possession is unauthorised, or that he has sub-let without the permission 'of the central government the whole or part of the premises or otherwise acted in contravention of any other terms, express or implied, under which he was authorised to occupy the premises.all these points are to be determined ..... was filed on behalf of the secretary of state by the military estates officer for possession over the land so alleged to have been encroached upon. .....

R.M. Gupta Vs. Ii Additional District Judge, Lucknow and ors.

Court : Allahabad

Reported in : AIR1977All431

..... pays regularly to the lessor or the nazul officer the reserved rent and faithfully observes and performs all the other acts and obligations covenanted then at the end of the term of thirty years the lease would come to an end and the lessor shall be bound within a reasonable time to execute for a consideration of rupee one only a proper sale deed of the said house with all rights, easements and liabilities attaching or appurtenant thereto in favour ..... act 28 of 1976:'(a) any public building or by the same act 28 of 1976 the definition of the term 'public building' was also inserted in sections 3 of the original act as under:-- '(3) (o) 'public building' means any building belonging to or taken on lease or requisitioned by or on behalf of the centralgovernment or a state government (including the government of any other state) and includes any building belonging to or taken on lease by or on behalf of any local ..... by its order dated 25-11-1975 allowed the application of opposite parties 2 to 4 under section 21 of the act and directed the eviction of the petitioner from the premises in suit. ..... the contention that the application under section 21 of the act was not maintainable when it was filed and should therefore be rejected and the opposite parties may again move, if they so like, another application under section 21 of the act for seeking the same relief, if accepted would not shorten litigation but would result in multiplicity of proceedings, that course, if to be adopted, wilt .....

Thakur Prasad Madhesiya Vs. State of U.P. and Others

Court : Allahabad

..... said contract of tenancy is not binding of rent control and eviction officer and even on prospective allottee,and the machinery for declaring vacancy can always be set in motion and on vacancy being declared landlord has every right to file release application under section 16(1)(b) of u.p. ..... petitioner further submitted that nutan kumar's (supra) case is not applicable since in the said case the issue was only with regard to the maintainability of the suit filed under section 20 of the act against the person occupying the premises without allotment order and the apex court in the said case never held that the application under section 21 of the act would also be maintainable against a person inducted by the landlord without an allotment order. 13. ..... in my opinion during the currency of full bench judgment of the nootan kumar landlord could be permitted to file release application under section 16 of the act on the ground that even though he himself let out the building to the tenant still as it was done without allotment order, hence legally building was vacant. ..... in term of section 13, without an order of allotment, tenant's status under deeming provision is that of an unauthorized occupant and that of trespasser and suit for getting back possession from trespasser can always be filed. .....

Ram Gopal Gupta Vs. Assistant Housing Commissioner and ors.

Court : Allahabad

Reported in : AIR1969All278

..... where two alternative remedies are left open by statutory provisions for the eviction of an occupant of government premises, one by means of a civil suit and another by means of summary proceedings taken by the collector under section 5 of the punjab public premises and land (eviction and kent recovery) act 31 of 1959, without any statutory guidance to regulate the exercise of the discretion to choose between, the two remedies, the statutory provision, authorising the ..... ' that was said in a case in which an assessee, relying upon section 64 (1) and (2) of the income-tax act, 1922, claimed a right to be assessed by the income-tax officer of a particular area and complained that the order of transfer of his case under section 5 (7-a) of that act unreasonably curtailed his fundamental right to carry on business, conferred by article 19(1)(g) of the constitution, as well as his fundamental rights ..... of two months, unless the period for payment of rent has been extended by the housing commissioner under section 16, or (ii) has sublet the whole or any part of such house, or (iii) has otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or (iv) has ceased to be an industrial worker as defined under the act, or (b) any person is in unauthorised occupation of any premises,' upon such satisfaction, the housing commissioner ..... of a house under it unless he is an 'industrial worker' as defined in the factories act, 1948. .....

Life Insurance Corporation of India Vs. Advani and Company and Others

Court : Allahabad

Reported in : 2000(3)AWC2054

..... act xxviii of 1976 :(a) any public building or by the same act xxviii of 1976 the definition of the term 'public building' was also inserted in section 3 of the original act as under :'(3) (a) 'public building' means any building belonging to or taken on lease or requisitioned by or on behalf of the central government or state government(including the government of any other state) and includes any building belonging to or taken on lease by or on behalf of any local authority or any public sector corporation.' 15 ..... the petitioner filed application before the estate officer under section 5 of 1971 act. ..... the petitioner had also filed appeal against the order of the estate officer but in the grounds of appeal also, there is no specific objection as urged by the learned counsel for the respondent here that the notice did not specify the grounds on which the eviction proceedings were taken.40 ..... 3 dated 16.5.1998 is hereby quashed and the order of the estate officer dated 8.3.1994 is maintained.in the facts and circumstances of the case the parties shall bear their own ..... the estate officer allowed the application of the petitioner and directed eviction of respondent and further directed him to pay damages for use and occupation of the premises in ..... 1 before the estate officer during the pendency of the proceedings before him, but he did not depose about the contents of notice and unless the notice was proved, the respondent could not be directed to be evicted from the disputed premises .....

Hemendra Swaroop Bhatnagar Vs. Rent Control and Eviction Officer, Dehr ...

Court : Allahabad

Reported in : 1999(3)AWC2230

..... the second application was by the landlord on 5.1.1978 under section 16 of the act for declaration of vacancy and release of the portion in possession of the sub-tenant. ..... be as it may, a vacancy did not occur under the provisions of the old act in case the tenant sub-lets a portion of his accommodation without the consent of the landlord and the order of the district magistrate in violation of section 7 (3) of the old act. ..... the rent control and eviction officer by his order dated 28.6.1996 has held that the premises in dispute has been legally released in favour of the chief tenant by the order dated 26.2.1979 in proceedings started by him under section 21 of the act. ..... it would be futile to quash the order of the rent control and eviction officer and send the matter back for decision. ..... the premises in dispute could be released by the district magistrate/rent control and eviction officer only if the landlord bona fide requires the same. ..... in the present case, the rent control and eviction officer has not applied his mind to this question ..... the other is a copy of the order passed by the rent control and eviction officer on 16thjuly, 1970 regularising his tenancy. ..... the rent control and eviction officer in his order dated 28.6.1996 has held that no one has filed any document or evidence to show that sub-tenant was in possession from what date and under which order. ..... can the district magistrate/rent control and eviction officer hold otherwise? ..... rent control and eviction officer, 1976 (2) alr 76.10 .....