Court : Allahabad
Reported in : 1993CriLJ2534
..... advanced by the learned counsel for the petitioner is that neither a case under section 304a, ipc is made out, nor provision of section 7 of the prevention of corruption act can be attracted in this case.2. suffice it to say for the time being that the allegations made in the fir prima facie indicate making out the offences. therefore .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ3738
..... ahmad was also detained in pursuance of the order dated 12-8-1992 passed by the district magistrate, kanpur under section 3(2) of the national security act, and the grounds of detention served on the petitioner as well as the said suhel ahmad are similar relating to activities in which the petitioner along with others ..... disposing of the representation of the petitioner, the provisions of article 22(5) of the constitution as well as the provisions of section 14 of the national security act have been violated rendering the detention of the petitioner illegal as well as unconstitutional. it was also asserted that co-detenu, the real brother of the petitioner, namely ..... on the ground that the reference to the advisory board was not made within three weeks from the date of detention as required under section 10 of the act and also that the representation of the petitioner was not placed before the advisory board: that the detaining authority did not forward the representation to the union .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All153
..... a party. the observations of the division bench are squarely applicable in the present case. the grant of injunction is governed by provisions of the specific relief act, and equitable considerations should invariably be the guiding factor, while recording findings on the question of prima facie case, irreparable loss and balance of convenience.11. ..... of the proceedings for ejectment. the finding recorded by the rent appellate tribunal that by necessary implication the married daughters surrendered their tenancy rights inherited under the act. after the demise of lalu, the daughters evinced no interest to assert their rights, is well justified. once that is found to be so, their ..... daughters. the hon'ble supreme court disagreed with the view taken by this court and observed as under:'indisputably, s. 3(a)(2) postulates that in this act, unless the context otherwise requires (a) tenant in relation to a building means a person by whom its rent is payable, and on the tenant's death .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1994)51ITD628(All.)
..... case. 6. the learned cit(a) also erred in holding that reasonable rate of interest payable to depositors/creditors covered by section 40a(2)(b) of the income-tax act, 1961 could be estimated at 20% per annum ignoring the following facts:- (a) that the other depositors/creditors were also paid interest @ 24% per annum which according ..... face value in order to give a fair and correct view of the appellanfs balance sheet as required for the purposes of report under section 44ab of the income-tax act, 1961; (d) that similarly the appellant also revalued its machinery to bring these assets to their correct valuation; (e) that since, the appellant commanded good reputation, ..... orders for all the years from assessment years 1984-85 to 1989-90 lay set aside either by cit (appeals) or by cit under section 263 of income-tax act, 1961. 3. without prejudice to above grounds, the learned cit (appeals) erred in holding that the credit entries of goodwill, revaluation of machinery and on account of .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ483
..... on his testimony. in our opinion therefore, the prosecution had not been able to establish beyond doubt that any recovery of articles under section 27 of the evidence act was made.30. the last and most important circumstance relied upon by the prosecution was regarding the extra judicial confession made to the witnesses. except smt. tarawati and ..... that no extra judicial confession was made by the accused nor any recovery was made on the pointing of the accused. if such confession was made, the first act which the investigating officer could have done, was to interrogate the accused.27. shatroghan p.w. 4 is one of the witnesses of fard recovery of the aforesaid ..... 'ble supreme court has laid down that as a rule of prudence which was sanctioned itself to the rule of law, the courts, do look for corroboration before acting upon the retracted confession. it has been observed :'the judicial confessions are those which are made before a magistrate or in court in due course of legal proceedings .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All333
..... in the light of part iii of the constitution, the provisions of chapter vii of the transfer of property act which includes section 123 of the aforesaid act will not be applicable to the gift made under the mohammedan law and as such the document did not require registration and is admissible in evidence.8. i have given .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ3473
..... the court and have also scandalised and lowered the authority of the court and thereby have committed criminal contempt of the court punishable under the provisions of contempt of courts act.'2. the respondents were directed to appear in person before this court on 5-9-1994 and show cause why they should not be punished for committing criminal contempt of ..... which, the younger of the two who were brothers committed theft of an apple by eating it without permission of the elder brother in his ashram; and even though the act was condoned by the elder brother, the younger one insisted for adequate punishment to be given to him for the commission of theft which was, according to the norms of .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)IIILLJ782All
..... on application of the respondent and no settlement before the conciliation officer could be made. hence a reference under section 4-k of u.p. industrial disputes act was made for adjudication before the labour court, giving rise to the impugned award.6. the question referred for adjudication is whether the employer had terminated and ..... counsel for the respondents submitted that the powers of the labour court are wide and have been made wider perhaps on account of section 11a of the industrial disputes act. the provisions of section 11a are reproduced as under:'1. a: delegation of powers: the state government may, by notification in the official gazette, direct that ..... any power cxercisable by it under this act or rules made thereunder shall, in relation to such matters and subject to such conditions if any as may be specified, in the direction, be exercisable also .....
Tag this Judgment!Court : Allahabad
Reported in : 1996(86)ELT6(All)
..... the relevant portion thereof is quoted below :'192. application for concession. - where the central government has, by notification under rule 8, or section 5a of the act, as the case may be, sanctioned the remission of duty on excisable goods other than salt, used in a specified industrial process, any person wishing to obtain remission ..... may also confiscate the excisable goods, and all goods manufactured from such goods, in store at the factory.' 5. in pursuance of the aforesaid provisions of the act, rules and the concerned notifications, permission was granted to the petitioner to transport cement clinker from its plants at dalla and churk without payment of excise duty. ..... tribunal, new delhi, and that against that order, the petitioner has an alternative remedy of seeking a reference to the high court under section 35g of the act and that, therefore, this petition should be dismissed on the ground of alternative remedy.27. it is true that the petitioner had that channel also open to it .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1982)1ITD337(All.)
..... any debate or discussion.he, therefore, urged that the ito should be directed to entertain the application made under section 154 of the act and pass suitable order thereon.7. the learned representative for the department, on the other hand, strongly relied on the order of the income-tax authorities and ..... forgings ltd. [1978] 112 itr 389. therefore, the learned counsel for the assessee invited our attention to the assessee's application made under section 154 of the act and highlighted the fact that each of the mistakes pointed out in the said letter were apparent from the face of the record and could have been rectified without ..... is thekarta of the huf 1,766 -------- -------- 3. on receipt of the said order of the ito, the assessee made an application under section 154 of the act requesting the ito to rectify his order in respect of certain items. in order to better appreciate the rival submissions of the parties, we reproduce below, the relevant .....
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