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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 2002

Jun 26 2002 (TRI)

All India Children Care and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Jun-26-2002

..... limited number of cases, selected for scrutiny under section 143(1)(a), the ao has to accept the return on its face value and make minor adjustments consistent with the information given in the return without touching upon debatable and controversial issues, there is a lot of difference between an assessment and an intimation, as contemplated by section 143(1)(a ..... control of the management committee. the accounts were subject to approval by the management committee. the assessee is running schools and manager of the school does not have any vested right or interest in the assets of the society. in the event of dissolution such assets shall be dealt with according to sections 13 and 14 of the societies registration ..... other proceeding if such return of income, assessment, notice, summons or other proceedings is in substance and effect in conformity with or according to the intent and purpose of this act. during the course of argument, we have directed the learned departmental representative to produce the original record of the assessment before us, out of which the learned departmental representative has ..... pretence. the learned counsel also referred to certain decisions of the hon'ble supreme court.according to the learned counsel the basis for issuing notices under section 148 of the act was that the assessee has been running school, an "institution" and earning income from, such institution and making investment in purchase of buses and buildings. according to the learned counsel .....

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May 24 2002 (HC)

Smt. Neena Dhawan Vs. Divisional Level Committee C/O Joint Director of ...

Court : Allahabad

Decided on : May-24-2002

Reported in : 2002(3)AWC2533; (2002)3UPLBEC2460

..... there is no proof that when papers were received in the office of the district inspector of schools, necessary queries were made and after getting necessary information and details, the district inspector of schools by a reasoned order has rejected the claim of the petitioner. on the findings so given by the district ..... candidate ofreserved category in a particular year, it is to be carried forward for the next selection and a particular mode is provided for denial of rights of the reserved category candidate in respect to post reserved for that category. the plea as taken by the petitioner and the management that as no ..... earlier also the post was tried to be filled up by the reserved category candidate and as nobody was available, as provided in the u. p. act no. 4 of 1994. it was carried forward and in the next selection also as no suitable candidate became available, the post went to the general ..... . in this connection, learned counsel for the petitioner referred to the provisions of regulation 17 (g) of chapter ii of the regulations framed under the act. it has been further submitted that the ground as has been given by the district inspector of schools in the impugned order that as quota of the ..... of the intermediate college as stated is the same and thus it is pleaded that primary section is also governed by the u. p. intermediate education act. it has been pleaded in the writ petition that on occurrence of two vacancies for the post of b.t.c. grade teacher in the primary .....

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Aug 16 2002 (TRI)

Assistant Commissioner of Income Vs. V.K. Gupta and ors.

Court : Income Tax Appellate Tribunal ITAT Allahabad

Decided on : Aug-16-2002

Reported in : (2003)86ITD200(All.)

..... from non-resident (external) account, foreign currency non-resident account or foreign currency non-resident special deposit account maintained in india under the rules made under the foreign exchange regulation act, 1973 (46 of 1973). explanation : for the purposes of this clause, 'specified date' means the 1st day of december, 1991, or such other later date as the central ..... 'recipient' means a person as defined in clause (31) of section 2 of the it act, 1961 (43 of 1961) who receives any remittance under this chapter; (b) 'remittance' means remittance made in foreign exchange by any person resident outside india to a person resident in ..... foreign exchange and to own the said bonds; be it enacted by parliament in the forty-second year of the republic of india as follows :" section 2 of the special act provides certain definitions. however, the relevant definitions for the purpose of decision of these appeals are the definition of 'recipient' and 'remittance'. the same are reproduced as follows : (a) ..... the aforesaid amount which the assessee claimed as exempt under section 4 of "the remittances of foreign exchange and investment in foreign exchange bonds (immunities and exemptions) act, 1991" (in short, 'special act'). the assessee deposited the aforesaid amount in its savings bank with bank of india, varanasi. the ao required the assessee to explain as to why the immunity .....

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Oct 11 2002 (HC)

Committee of Management, J.V. JaIn College and anr. Vs. Chaudhary Char ...

Court : Allahabad

Decided on : Oct-11-2002

Reported in : AIR2003All175

..... further progress in the election process is concerned, by having publication in the news papers all the members having concern, were duly informed of their rights to participate subject to their rights which may be decided in the litigation. learned counsel for the petitioner submits that so far election process is concerned, as the ..... 25-10-2000, learned counsel for the petitioners submits that after the order of civil court dated 25-10-2000, all the members were duly informed by the registered post and due notice was published requiring them to participate in the election. it has been argued that in the event of ..... it cannot be said to be barred by any provision of state universities act. it is further submitted that the alleged information by way of notice as published in the newspaper is just a show of and nobody could get any information. in support of the submission, that the suit in which injunction ..... jain, learned senior advocate narrates the following aspects that the suit as filed before the civil court was not maintainable as section 69 of state universities act, creates specific bar. it is further pointed out that even if it is taken that the suit is not expressly barred, it is to be ..... the petitioners' are to be relegated to the alternative remedy to approach the chancellor as is provided under section 68 of u.p. state universities act. then it has been submitted that the order of respondent no. 2 contains cogent reasons and the submissions in this respect from the side of .....

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Mar 04 2002 (HC)

Nar Singh Vs. Deputy Director of Consolidation, Basti and ors.

Court : Allahabad

Decided on : Mar-04-2002

Reported in : 2002(2)AWC1526

..... rental was also not deposited by smt. pandubba. as soon as smt. pandubba came to know about the aforesaid fraudulent transaction, she filed first information report and also applied for cancellation of bhumidhari sanad. the petitioner was prosecuted in the criminal case. it is another thing that he was ..... lady. it may also be noted that as soon as smt. pandubba came to know about the alleged sale deed, she filed a first information report against the petitioner denying the execution of the sale deed andprosecuted him under sections 420. 465 etc. she also filed an application before the ..... during her life time, admittedly. smt. pandubba as soon as she came to know about the alleged execution of the sale deed, filed a first information report against the petitioner under sections 420. 465, etc. and also made an application for cancellation of the bhumidhari sanad. the petitioner was prosecuted ..... sale deed was also hit by the provisions of section 5 (1) (c) (ii) of the u. p. consolidation of holdings act. the authorities below have rightly held that the sale deedwas also hit by the aforesaid provisions. according to his submissions, the writ petition was concluded by findings of fact ..... he happened to be the son of hardwar, a near relation (cousin brother) of the petitioner, the authorities below called him interested witness and rightly disbelieved his statement. thus, the execution of sale deed in question was not proved in accordance with law. strictly speaking, in cases of execution .....

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Jul 11 2002 (HC)

Vidya Prakashan Mandir Ltd. and anr. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jul-11-2002

Reported in : 2002(3)AWC2473; 2003CriLJ202; (2002)3UPLBEC2641

..... and x and these books were published only according to the syllabus prescribed by the board and there is no violation of any of the provisions of copyright act. thus, the impugned first information report does not disclose commission of any cognizable offence against the petitioners and is liable to be quashed. 11. in the result the writ petition is allowed. the ..... in a work ; or (b) any other right conferred by this act (except the right conferred by section 53a), shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine ..... charging any price exceeding the price which is notified nor there is any allegation that the course books are printed on concessional rate paper. the counsel for the petitioners has rightly argued that the price of the course books in question have not been notified by the state government under section 7 of the ..... petitioners have thus not violated any of the provisions of uttar pradesh course books act, 1978. 8. the other allegation in the f.i.r. is regarding violation of section 63 of copyright act which reads as under : '63. offence of infringement of copyright or other rights conferred by this act.--any person who knowingly infringes or abets the infringement of : (a) the copyright .....

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May 14 2002 (HC)

Greenfield Corporation Ltd. and anr. Vs. U.P. Financial Corporation

Court : Allahabad

Decided on : May-14-2002

Reported in : 2002(3)AWC2156; (2002)2UPLBEC1789

..... a request for withdrawal of the recovery proceedings. in that connection, a letter was sent by the u.p.f.c. on 20.4.2001 informing them that the request for withdrawal of the recovery certificate will be considered only after the withdrawal of writ petition no. 21789 of 1999 (wrongly ..... .. air 1991 sc 537. he has also submitted that every action of the executive authority must be subject to rule of law and must be informed by reasons and where there is arbitrariness in state action. article 14 of the constitution would be violated and such an action is liable to be ..... of the contract.............' 10. certiorari can be issued when any body or person having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of their authority. a writ of certiorari is a judicial writ and can be issued to subordinate courts, inferior ..... orders or writs including writs in the nature of the habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the rights conferred by part iii and for any other purpose. article 32 confers power upon the supreme court to issue directions or orders or writs of ..... repurchase the shares as offered, then corporation shall have the option to sell the equity shares in the open market. 3. that corporation shall have the right to charge interest @ 24% on the amount arrived by multiplying number of shares with buy-back price of the shares for the delayed period. however .....

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May 24 2002 (HC)

Raghuvendra Babu Mishra Vs. District Inspector of Schools, Etah and or ...

Court : Allahabad

Decided on : May-24-2002

Reported in : 2002(3)AWC2207; (2002)3UPLBEC2155

..... worked without any let or hindrance till 31.1.1994. even, the person, namely, rama nand mishra on whoseleave vacancy, the appellant-writ petitioner had been appointed, did not inform the authorities about his absorption and confirmation as head master in another college on 8.2.1990. the appellant-writ petitioner was being paid salary under the payment of salaries ..... leave vacancy/ suspension vacancy) which is subsequently converted into a substantive vacancy in accordance with the provisions of the act, rules and orders, (on death, resignation, dismissal or removal of the permanent incumbent), cannot claim a right to continue. he has, however, right to be considered along with other eligible candidates for ad hoc appointment in the substantive vacancy if he possesses the ..... head master in uchchattar madhyamik vidyalay. talesra, aligarh on 8.2.1990. according to him in view of the newly inserted section 33b in the act w.e.f. 7.8.1993, since the appellant-writ petitioner continued ..... (hereinafter referred to as the payment of salaries act) by the state government without any objection. the short-term leave vacancy of rama nand mishra stood converted into a substantive vacancy on 31.1.1994, when his leave expired. he also emphasized that rama nand mishra had not at all informed the college authorities about his absorption and confirmation as .....

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Nov 22 2002 (HC)

Payal Enterprises Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Nov-22-2002

Reported in : 2003(2)ARBLR598(All); 2003(2)AWC911

..... of any party, or authorizing any samples to betaken or any observation to be made, or experimentto be tried, which may be necessary or expedient for thepurpose of obtaining full information or evidence ; (d) interim injunction or the appointment of a receiver ; (e) such other interim measure of protecting as may appear to the court to be just and convenient. and ..... person or institution designated by him to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointments,' 9. section 42 of the act reads as under :'42. jurisdiction.--notwithstanding anything contained elsewhere in this part or in any other law for the time being in force, where with respect to an arbitration agreement ..... referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third arbitrator who shall act as the presiding arbitrator. (4) if the appointment procedure in sub-section (3) applies and (a) a party fails to appoint an arbitrator within thirty days from the receipt ..... 2001, passed by the district judge, gorakhpur in misc. case no. 66 of 2000, rejecting the application of the appellant under section 9 of the arbitration and conciliation act, 1996, (hereinafter called the act) for issuing an order restraining the opposite parties (respondents) from realizing the amount of rs. 1,83,916.00 or any damages from the applicant against the notice .....

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Apr 04 2002 (HC)

Brahmi Vs. District Magistrate/Deputy Director of Consolidation, Muzaf ...

Court : Allahabad

Decided on : Apr-04-2002

Reported in : 2002(3)AWC1848

..... to scheduled caste and they having continuing in possession of the respective chaks since before relevant date under section 122b (4f) of u. p. zamindari abolition and land reforms act, have acquired right over the land belonging to gaon sabha and the said land cannot be taken away and the impugned order dated 22.9.1998 by which the aforesaid plots have ..... such land is occupied otherwise than in accordance with the provisions of this act, the land management committee or local authority, as the case may be, shall inform the assistant collector concerned in the manner prescribed.(2) where from the information received under sub-section (1) or otherwise, the assistant collector is satisfied that any property referred to in sub-section (1) ..... has been damaged or misappropriated or any person is in occupation of any land, referred to in that sub-section, in contravention of the provisions of this act, he shall issue notice to the ..... deputy director of consolidation can always exercise power for changing, correcting, modifying the allotment and provisions of section 122b (4f) does not create any kind of prohibition in exercise of right by the deputy director of consolidation. secondly, the provisions of section 122b (4f) are not applicable on a land on which petitioner is in possession in pursuance of allotment .....

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