Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
S.H. Kapadia, C.J.1. By this writ petition the petitioners, namely, National Federation of Insurance Field Workers of India have, challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes (hereinafter referred to for the sake of brevity as the C. B. D. T.).Facts :2. The petitioners have challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes. The petitioners have challenged the notification on four grounds. Firstly, on the ground that the impugned notification is issued in purported exercise of power conferred on the Central Board of Direct Taxes by Section 295 of the Income-tax Act, 1961, read with Section 17(2) and Section 192(2C) of the Income-tax Act ; that by virtue of the impugned notification, the Central Board of Direct Taxes has purported to supplement Section 17(2) of the Income-tax Act by incorporating amendments in the existing Income-tax Rules. ...
Tag this Judgment!Court : Uttaranchal
Reported in : [2004(101)FLR133]; (2004)2UPLBEC55
Rajesh Tandon, J.1. Heard the learned Counsel for the parties at length.2. Writ Petition No. 756 of 2001 has been filed by the State for the issue of a writ order or direction in the nature of certiorari quashing the award dated 15.6.1995 passed by the Labour Court in favour of Sri Munna Singh Chauhan.3. Writ Petition No. 4703 of 2001 (SS) has been filed by Sri Munna Singh Chauhan for the issue of a writ, order or direction in the nature of mandamus directing the respondents to regularise his services.4. Brief facts giving rise to the present writ petition are that Sri Munna Singh Chauhan filed the claim petition before the Presiding Officer, Labour Court, Dehradun by which he has prayed for his reinstatement in the services of the State of Uttaranchal, Division Irrigation Department, Dakpathar.5. According to Sri Munna Singh Chauhan, he was engaged in the department on 5th November, 1980 as Helper. He continued to work as such till 28.3.1989 but the services of the petitioner was term...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of certiorari calling for the records and quashing of the impugned order dated 21.3.2005 (copy Annexure-4 to the writ petition) passed by the Special Judicial Magistrate, Dehradun, in criminal complaint case No. 1242 of 2004, Cantonment Board v. Kunj Bihari.2. Brief facts of the case as narrated in the writ petition are that the petitioner is owner of bus No. UP-07/ J 8703, having stage carriage permit to ply the vehicle between Dehradun and Dakpathar. The road between Dehradun and Dakpathar is part of National Highway No. 72. This National Highway No. 72 (for brevity hereinafter NH-72) starts from Rishikesh with terminal point at Ambala. The said Highway pass through Dehradun, Ponta Sahib and Nahan. NH-72 was notified as National Highway vide Notification dated 6.1.1999 and before that it was a State Highway. On...
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)
Cyriac Joseph, C.J.1. The petitioner-Welham Boys' School Society-is a society registered under the Societies Registration Act, 1860, and is running a residential school by name Welham Boys School at 5, Circular Road, Dehradun. The petitioner society, was originally registered on September 14, 1957, as Welham Boys Preparatory School Society vide Registration Certificate No. 227/57-58 issued by the Registrar of Societies, Uttar Pradesh. The name was later changed to Welham Boys' School Society.2. The petitioner has been regularly filing returns under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). In view of the charitable objects of the petitioner society, it was granted registration Under Section 12AA of the Act. The registration granted to the petitioner society Under Section 12AA of the Act has been continuing in force. By virtue of the registration granted Under Section 12AA of the Act, the petitioner society was entitled to the benefits Under Sections 11 and 12 of ...
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2547(UHC)
Prafulla C. Pant, J.1. This reference has been made by learned single Judge of this Court, while hearing Writ Petition No. 61 of 2000 (M/S) and Writ Petition No. 285 of 2001 (M/S}, both between the same parties, for being answered on following questions:1. Whether sub-section (4) of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950, is legislation by incorporation or by reference and its effect?2. Whether the provisions of Section 331 (4) of the U.P. Zamindari and Land Reforms Act, 1950, shall be deemed to have been substituted after the amendment made in Section 100 of the Code of Civil Procedure and, therefore, Section 100 of the Code of Civil Procedure as amended w.e.f. 1.2.1977 will also apply to sub section (4) of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950?2. We heard learned Counsel for the parties at length on both the above points.3. Before further discussion in the matter, we feel it necessary to reproduce the relevant provision of law....
Tag this Judgment!Court : Uttaranchal
Reported in : (2009)IIILLJ645UC
B.C. Kandpal, Actg. C.J.1. This appeal under Section 30 of Workmen's Compensation Act, has been preferred against the Judgment and award dated July 10, 2006, passed by the Commissioner Workmen's Compensation/Deputy Labour Commissioner, Uttaranchal, Haldwani in W.C.A. No. 49/2002, Ram Bahadur and Anr. v. Sharda, Leesa Factory.2. Brief facts of the case giving rise to this appeal are that the appellants/claimants filed claim petition before the Workmen's Compensation Commissioner/Deputy Labour Commissioner, Haldwani for the death of Thakur Das occurred during the course of his employment under the respondent/Sharda Leesa Factory. According to the claimants Thakur Das died on August 20, 2002 due to the accident occurred on August 18, 2002 while he was working under the employment of the respondent. At the time of the accident Thakur Das was 21 years of age and he was being paid Rs. 150/- per day wages by the respondent/factory.3. On the claim application notice was issued to the responden...
Tag this Judgment!Court : Uttaranchal
Reported in : (2010)29VST265(NULL)
J.S. Khehar, C.J.1. The revision petitioner, i.e. M/s Telecommunication Consultants India Ltd. (hereinafter referred to as 'TCIL'), is a Government of India undertaking, which is controlled by the Ministry of Telecommunications. While the head office of the revision petitioner's business is located in New Delhi, it has a branch office in Dehradun, presently in the State of Uttarakhand (earlier in the State of Uttar Pradesh). The revision petitioner is carrying on the business of providing and establishing telecommunication networks. TCIL is registered under the State Trade Tax Act and the Central Trade Tax Act with the Trade Tax Office, Dehradun.2. On 01.11.1988, the revision petitioner entered into an agreement with the Oil and Natural Gas Corporation (hereinafter referred to as the 'ONGC') for installation of two EPABX systems along with allied accessories and spare parts, on rent and guarantee basis. The equipment contemplated under the said agreement was not available with the TCIL...
Tag this Judgment!Court : Uttaranchal
Tarun Agarwala, J.1. The present special appeal has been filed by the State of Uttarakhand against the judgment dated 30th September, 2008 passed by the learned Single Judge in Writ Petition No. 180 of 2008 (M/S) by which the learned Single Judge has quashed the proceedings initiated by the Assistant Collector under Section 166 & 167 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the UPZA & LR Act).2. The facts leading to the filing of the Special Appeal is that Dr. Vijay Singh Pal and Arun Singh, belonging to the Scheduled Tribes community, sold plot Nos. 15, 16 and 17 measuring 15 naali and 12 muthi (0.315 hectares) by means of a sale deed dated 24.04.1996 to the writ petitioner M/s Ski & Snow Resorts Pvt. Ltd., which is a company duly incorporated under the Companies Act and which is engaged in tourism and hospitality business. Subsequent to the sale deed, the land was declared non-agriculture under Section 143 of the UPZA & LR Act, u...
Tag this Judgment!Court : Uttaranchal
J.S. Khehar, C.J.1. After the decision of the Union Cabinet dated 02.11.2000, whereby 'Direct-to-Home' (DTH) broadcasting was permitted in India, prohibition on the reception and distribution of television signals in Ku Band was withdrawn by the Department of Telecommunications, through a notification dated 09.01.2001. In order to give effect to the decision of the Cabinet, as also, the notification issued by the Department of Telecommunications, referred to above, guidelines dated 15.03.2001 were issued laying down the procedure for obtaining licences for providing 'Direct-to-Home' (DTH) broadcasting service in India on 15.03.2001. In the aforesaid guidelines, the conditions of eligibility were also prescribed.2. In so far as the procedural aspect of the matter is concerned, interested parties were to be required to submit an application to the Secretary, Ministry of Information and Broadcasting. If the applicant was found eligible (for setting up a 'Direct-to-Home' (DTH) platform in ...
Tag this Judgment!Court : Uttaranchal
B.S. Verma, J. Oral: Since similar controversy is involved in these writ petitions, therefore, for the sake of convenience, they are being decided by this common order. In Writ Petition No. 417 (M/S) of 2001, a writ of certiorari has been sought for quashing the award dated 18-7-1995 which was published on 27-3-1996 and become enforceable w.e.f. 27.4.1996 U/S 6-A of U.P. Industrial Disputes Act, given by Labour Court, Dehradun in Adjudication Case No. 128 of 1993. In Writ Petition No. 7573 (M/S) of 2001, a writ of certiorari has been sought for quashing the award dated 14-12-1995 which become enforceable w.e.f. 27.4.1996, given by Labour Court, Dehradun in Adjudication Case No. 41 of 1992. The facts in short are that the owners of Buses put their buses into one pool which is known as Garhwal Motors Owners Union Limited Kotdwara. The buses belong to individual members and company charges commission for plying those buses and is engaged in the business of running of vehicles for carrying...
Tag this Judgment!