Judgment Search Results Home > Cases Phrase: protection of civil rights act 1955 Court: allahabad Page 4 of about 528 results (0.076 seconds)

ishwari Khetan Sugar Mills (P.) Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : [1972]86ITR635(All)

..... expenditure is allowable as a deduction under section 10(2)(xv), the essential requirement must in every case be as to whether the expenditure was either in reality or as a measure of business expediency necessary either for the purpose of earning profit or for protecting and safeguarding the business assets of the assessee including goodwill or in connection with some transaction or activity which is directly and substantially connected with the running of the business of the assessee or is intimately connected with the ..... of the reliefs, which has been treated by the tribunal to be the main relief, was for appointment of receiver of the two sugar mills until such time as proper arrangement for the protection of the rights of onkar mal khetan and his group were made by the court. ..... with the two prosecutions, the assessee claimed to have incurred certain expenditure and the amount expended was claimed as permissible deduction under section 10(2)(xv) of the act* it was held that, in the circumstances of the case, the company was entitled to the deduction claimed. ..... a number of cases cited before the court it was observed that there is no difficulty in the class of cases where an asset of a business is protected or safeguarded by an assessee carrying on the business in a civil litigation, the costs of such litigation are always a permissible deduction. ..... 1951 was instituted on may 3, 1951, in the court of the civil judge, gorakhpur, against kedar nath khetan and eleven other persons. .....

Suresh Chandra Vs. Vice Chairman, Ghaziabad Development Authority

Court : Allahabad

Reported in : (2004)3UPLBEC2470

r.b. misra, j.1. heard sri manoj kumar sharma, learneed counsel for the petitioner and sri h.r. mishra, learneed counsel for the respondent, ghaziabad development authority. 2. in this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/ghaziabad development authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class iv category i.e., to the post of peon or security guard and for payment of arrears of salary in the regular pay scale like other employees since the month of march, 1994.3. brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. he filed writ petition no. 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the government order dated 21.10.1989 claiming that some juniors to him stood regularised.4. according to the petitioner the respondent had stopped the petitioner from putting his signatures and have withheld his salary, however the above writ petition was disposed of by this court on 7.10.1998 (annexure-8 to the writ petition) directing the vice-chairman, ghaziabad development authority (in short called as 'authority' hereinafter) to decide the representation, of the petitioner. consequently, the petitioner's representation was considered and decided by a .....

Dr. Vinay Samuel Arawattigi S/O Late Dr. S.S. Arawattigi Vs. the Princ ...

Court : Allahabad

Reported in : AIR2007All13; 2006(4)AWC3786

..... ' to mean 'where the minor actually resides at the time of the application' may in some cases amount to rendering nugatory all the provisions of the guardian and wards act.it may be that persons who have absolutely no right may remove the minor forcibly and keep him at a distant place, when the application is made, where the minor was ordinarily residing, and objection may be taken that the ..... at all the relevant criteria and consideration for conferring jurisdiction, for the purposes of section 9 of guardian and wards act and to the contrary, court within whose jurisdiction minor ordinarily resides is the only relevant criteria for conferment of jurisdiction ..... at kanpur nagar has committed no default entertaining and dealing with the matter, inasmuch as any incumbent who has taken away minor girl forcibly, cannot be accorded premium to his illegal act and no court has taken just and legal view in the matter, as such further proceedings be permitted to continue at kanpur nagar.7. ..... ordinarily residing at meraj, with her father and has been staying with him, the court at kanpur nagar , will have no jurisdiction to entertain application under section 25 of guardian and wards act, and as such order dated 9.9.2005 passed by judge, family court, kanpur nagar is hereby quashed and set aside. ..... has already been answered by this court, in paragraph 10 of the judgment, which has already been quoted in the earlier part of this judgment namely 1955 all 611 chandra kishore v. ..... preferred civil misc. .....

Shankar Lal Sharma Vs. M.S. Bisht

Court : Allahabad

Reported in : AIR1956All160; 1956CriLJ195

..... of government order in this respect can excuse such an action.it is true that the order of the government to which reference is made does contain some passages from which it may be inferred that if any person approaches the civil courts, he may in certain circumstances, be called upon to submit an explanation.we are not satisfied that in the present casethose conditions were fulfilled, but in any caseeven if they were that would be no justificationfor an action to be taken and we cannot ..... there is no doubt that if any kind of threat or any action which may amount to such threat is held out to a person, who has approached the civil courts for a redress of such grievances as he may consider that he has, with a view to induce him to forego the assistance of the civil courts, the action amounts to a contempt of court.it is a clear interference with the right of every citizen who claims redress from the civil courts for any grievance that he may have. ..... in the high court of judicature at allahabad (lucknow bench) lucknow.it was clearly an atempt to hold out a threat of departmental action against an employee of the government, who had approached the high court for what he considered to be the protection of his rights under the constitution. ..... bisht purporting to act in accordance with certain directions contained in government order no. .....

Ravi Kant Gupta Vs. Union of India and Others

Court : Allahabad

..... being the protectors of civil liberties of the citizens, this court and the high courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by part iii in general and under article 21 of the constitution in particular, zealously and vigilantly. 70. ..... committee for protection of democratic rights, west bengal and others (2010) 3 scc 571 has held as follows:- "69. ..... fair investigation and fair trial are concomitant to preservation of fundamental right of an accused under article 21 of the constitution of india. ..... the speed at which the respondent-authorities acted after receiving the notice of this petition is alarmingly fast. ..... a civil suit for injunction (bearing civil suit no.68 of 2010) was also instituted by the petitioner on 11.8.2010 against the aforesaid accused persons before the civil judge (senior division), mahoba which is still pending. ..... what is also to be noted is that a civil suit for injunction (o.s. no. ..... it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. .....

K.C. Sonrexa Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : AIR1963All33; 1963CriLJ38

..... but even if they had been irreconcilable the basic right of an denied to defend himself must be held to override any immunity or protection given to the client under the evidence act.the theory of sacrificing an accused for a co-accused by putting a seal on his lips and by not permitting him to defend himself is not only unknown to criminal law but is also ..... such conduct would be fully covered by the first proviso as itwould be clearly in furtherance of an illegal purpose.similarly where a client in order to strengthen a civil claim instructs his lawyer to commit a breach of the law, a wrong, or a crime, such instructions having been given in furtherance of an illegal purpose are not privileged and the lawyer cannot be ..... made by the applicant to his lawyer to fulfil the legal obligation of issuing a notice under section 80 civil procedure code and, therefore, it must be deemed to be protected within the meaning of section 126 of the indian evidence act. ..... )'the clash of interest is far more acute in a criminal prosecution than in a civil depute and, therefore, the lawyer cannot be stopped from defending himself by a client pleading absolute immunity from disclosure of the communications made to his lawyer on the ground that it will ..... justice it is necessary that no one who comes to seek redress or relief before the tribunals of justice should be handicapped in any way in placing his case at its best either before the civil or criminal courts by seeking the advice of trained lawyers. .....

Nabbu Khan Vs. Sita

Court : Allahabad

Reported in : (1898)ILR20All2

..... so long as a person has not been adjudged to be of unsound mind, he cannot be deemed to have lost his civil rights and to be consequently incompetent to sue in his own name. ..... 429 and 430:--'when there is a person of unsound mind, who, although not found to be of unsound mind by inquisition, nevertheless stands in need of the protection or the intervention of the court as regards his property, real or personal, or as regards any portion of his property, then, supposing he would, if sane, be entitled to the intervention of the court, a third person, a stranger, may ..... a trespasser were doing irremediable damage to the property of a lunatic, the interests of the latter could not promptly be protected and the trespass could not be restrained by suit till an adjudication had been obtained that he was of unsound mind. ..... in the former case it was held that 'although section 443 * of the code of civil procedure (xiv of 1882), read with section 463, does not oblige a court to appoint a guardian ad litem for a defendant of unsound mind except in the case where he has been adjudged to be of unsound mind under act xxxv of 1858, still upon general principles and in conformity with the practice of the court of chancery, the court should assign a guardian ..... it is for his protection and for his obvious benefit, then the court ought to interfere to give him, while his senses are sleeping, the same sort of protection to which he would be entitled if his senses were awake and he could act for himself. .....

Daya Shanker Yadav Son of Mukut Nath Yadav Vs. State of Uttar Pradesh ...

Court : Allahabad

Reported in : AIR2008All109; 2008(1)AWC801

..... the apex court held:.if the statute conferring the power is silent with regard to the giving of a predecisional hearing to the person affected and the administrative decision taken by the authority involves civil consequences of a grave nature, and no full review or appeal on merits against that decision is provided, courts will he extremely reluctant to construe such a statute as excluding the duty of ..... january in each year;(ii) the tax payable under sub-section (2) of section 4 shall be payable in advance for each quarter at the time of the registration of the vehicle under the motor vehicles act, 1988 and thereafter on or before the fifteenth day of january, april, july and october in each year;(iii) the additional tax payable under clause (a) of sub-section (1) of section 5 shall ..... or the treasury challan as the case may be, evidencing such payment shall be furnished to the taxation officer:provided that the tax and additional tax payable under section 10 of the act shall be paid either in cash or in bank draft payable to transport commissioner, uttar pradesh, lucknow at the tax collection centres of the uttar pradesh government situated on the border ..... initiating coercive steps against the alleged defaulter and therefore an order initiating recovery proceeding under section 20 would affect some kind of civil right of alleged defaulter. ..... issuing an erratic certificate of recovery and simultaneously would protect the party concerned from being harassed by revenue recovering .....

Church City Junior High School Shiksha Samiti and anr. Vs. Mahendra Ku ...

Court : Allahabad

Reported in : 2006(1)AWC53

..... narrating that the landlord did not have title in paragraph 15 it is averred :that though the respondent, in the above circumstances, does not admit to being the tenant of the plaintiff, still, without prejudice to his rights regarding the rate of rent, has deposited on september 21, 1987, the entire alleged rent from august 1, 1975 to july 31, 1978 at the rate of rs. ..... 13 of 1972 was also denied and it is also denied by the tenant that the deposit made by the tenant under section 30 of the act should be treated to be deposited for the purpose of giving benefit to the tenant under section 20 (4), thus, the suit was decreed for ejectment and arrears ..... court has ruled :that in the event of denial of the title of the landlord by the tenant would amount that the deposit is conditional deposit which cannot confer any benefit to the tenant of the protection of section 20 (4) of the act. ..... ghooreylal therefore, the respondent is entitled to the protection given by section 20 (4) of the u. ..... (3) awc 2737 : 2004 (56) alr 310, wherein this court has upheld the decision of the trial court that the tenant in case of hart ram sahu is entitled for the benefit of section 20 (4) of the act has been upheld by the revisional court. ..... the civil appeal ..... 1999 against the order rejecting amendment application and the second civil revision no. ..... aggrieved by the order firstly by which the amendment application was rejected and secondly by which the suit was decreed filed two revisions, one civil revision no. .....

ishwar Chandra Gupta and ors Vs. State of U.P. and ors

Court : Allahabad

..... some of the petitioners have claimed protection of their right under forest rights act, 2006, on the ground of longevity of their activities standing in the forest areas, whereas they have not been able to establish that they belong to the particular community, whose rights have been protected under the forest rights act, 2006 and activities related to the forest activities. 49. ..... it is stated that the opposite parties filed an application under order 9 rule 13 of the code of civil procedure to recall the order dated 25th of september, 1996, but the same was rejected by means of order dated 3rd of april, 1998. ..... when the authorities did not accept the rent, they filed a civil suit being suit no.844 of 1992 in the court of additional civil judge (junior division), lakhimpur kheri seeking mandatory decree against the opposite parties, which was decided on 25th of september, 1996 with the direction to the forest authorities to accept the arrears of lease rent from ..... instead of conformation of their right by the civil court, they received the notice dated 11th of july, 2010 from the office of regional forest officer, gauri phanta range, dudhwa tiger reserve division, palia-kheri on 14th of july, 2010 for their eviction, in ..... so far as their right to keep the possession over the land in dispute to continue is concerned, i find that neither they have been able to produce any document of title before the civil court nor before this court. .....