Court : Allahabad
Reported in : [2006(107)FLR495]
..... by the truck drivers themselves who reimburse these freelance labourers directly for the work taken from them as per terms settled with the transporters and the petitioner agency the work of loading and unloading the trucks hired from transporters is done by a batch of freelance labourers engaged by and through a mate available in the transport nagar area. ..... the relevant facts having material bearing with the question in controversy involved in the case are that the petitioner is transport agency (not transporter) in which goods are booked and are sent through trucks hired from transporters to different cities within the country as well as it receive goods from different ..... . the photostat copy of coin given by the united provincial transport company-petitioner to customers of his agency, which is different concern bearing different registration having different business could also not be accepted as proof to establish master-servant relationship ..... state of madhya pradesh, : 1958crilj803 the court gave a restricted meaning to the words 'directly or through an agency' in section 2 (1) and held that a worker was a person employed by the management and that there must be a contract of service and ..... no system of recording any attendance of these freelance labourers engaged by or through a mate for loading and unloading of the goods received/dispatched by the petitioner agency as in case of such agencies, business not being regular but being uncertain dependant upon arrival of trucks. .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(105)FLR1204]; (2005)IILLJ49All; (2004)3UPLBEC2963
..... state handloom corporation and they had been sent on deputation to the state urban development agency they were retrenched from their parent department, that is u.p. ..... as a consequence, their services were also terminated in the state urban development agency where they had been sent on deputation.4. ..... state handloom corporation as well as state urban development agency and district development agency are industries. ..... by the impugned interim order the order dated 21.5.2004 passed by the state urban development agency terminating the services on deputation of these employees have been stayed and the learned single judge has further directed the authorities to allow the petitioners to continue in service in state urban development agency and district urban development agency.5. ..... state handloom corporation and they had only been sent on deputation to the state urban development agency and the district urban development agency. ..... the consequence of the interim order dated 16,7.2004 would be that the writ petitioners would continue in the service of state urban development agency and the district urban development agency. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC462; (1997)3UPLBEC1898
..... initially the petitioner was appointed on contractual basis as junior engineer in non-conventional energy development agency, uttar pradesh, lucknow (for short the n.e.d.a. ..... these rules are known as non-conventional energy development agency, u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)26VST601(All)
..... on which the notice dated 4th march, 2002 has been issued is also non-existence as the petitioner has not collected broken glass through i kabaries but has sold them in its commission agency purchased within the state of uttar pradesh from unregistered dealer and the petitioner cannot be treated as dealer or importer. ..... proposal to imposed tax on broken glass which have been purchased by the petitioner from unregistered dealer within the state of uttar pradesh and sold in its commission agency business on the ground that petitioner is the manufacturer or importer within the meaning of section 2(ee) of the act.29. ..... that liability of tax on sale of broken glass a fleeted by the petitioner through its commission agency is not upon the petitioner as it is neither manufacturer nor importer, whereas the respondent no. ..... according to the petitioner, complete details relating to sales of broken glass in its commission agency, which were purchased in uttar pradesh from unregistered dealers were disclosed in the course of ..... from unregistered dealer within the state of uttar pradesh in its commission agency account which was duly examined and verified by the respondent no. ..... 1,30,27655.45 effected by the petitioner in its commission agency, he has held as follows:blds :0 1]30]27]655 is0 45 dh fcdzh deh'ku [kkrs es viath0 ls izkarh; [kjhn czksfdu xykl dh fn[kk;h x;h gs ftl ij fuekzrk @ vk;krdrkz ds fcunq ij dj ns; gksus ds dkj.k dksbz dj nkf;ro o;kikjh ds lrj ij ugh curk gs abl deh'ku [kkrs es .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ1309
..... the relief of bail including interim bail or short term bail cannot be granted unless bail application is heard and disposed of finally after giving opportunity to the prosecuting agency or the complainant to oppose and place the correct and complete material available before the court becasue the law relating to anticipatory bail has been eliminated in the territory of uttar pradesh. ..... sharma : 1970crilj764 and sohan singh : 1974crilj802 and then has observed :-'...not that in each and every cognizable matter police agency has been given blank chit to arrest an accused and that is why statutory restriction has been imposed under section 157 and arrest is made discretionary. ..... code, it is not that in each and every cognizable matter merely by virtue of the first information report, police agency has been given a blank-chit to arrest the accused persons, rather the legislature has taken care of considering all connected aspects apprehending that if blanket power is given, the same may be misused by the police agency, and that is why statutory restriction has been imposed under section 157 of the code, and the ..... dwivedi, learned additional advocate general, uttar pradesh contended that except the cases falling within the purview of sub-clause (2) of section 437 of the code, ,in the cases of heinous offences it cannot be possible for investigating agency to collect all relevant materials within twenty-four hours, such as in the cases punishable under section 302 i.p.c.. .....
Tag this Judgment!Court : Allahabad
Reported in : I(1990)ACC364; 1990ACJ1; AIR1990All82; 1990CriLJ923
..... composite claim would be triable by the accident tribunal on the principle that apart from the fact that the accident was caused by the negligent use of the motor vehicle, the outside agency (other than the motor vehicle) had also contributed to the accident in such cases inter se liability can be adjudicated by the tribunal fixing just compensation and making it payable by ..... negligent use of the motor vehicle can urge that the accident in question was caused not only by rash and negligent use of the motor vehicle, but also by some outside agency which contributed its mite and was also partly responsible for the causing of the accident, or, in other words, can claimant legitimately urge that there was, in addition to the ..... in case where it is alleged that the accident giving rise to the claim is being the result of composite negligence not only of the driver of the motor vehicle but also of outside agency or driver of another vehicle which may not be motor vehicle but who might be found negligent contributing to the causing of the accident, meaning thereby, claims for compensation against joint tortfeasors, ..... last category of cases,the bench held that where the accident isalleged to have been caused on account ofcomposite negligence of the driver of thevehicle or any other vehicle or outside agency,claim for compensation would be maintainable by the claims tribunal but if afterhearing the parties the tribunal comes to theconclusion that the accident was caused noton account of the rash .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ1765
..... think that in the interest of the independence of the magistracy and the judiciary, in the interests of purity of the administration of criminal justice and in the interest of comity of the various agencies and institutions entrusted with different stages of such administration, it would ordinarily be desirable that the police should inform the court and seek formal permission to make further investigation when fresh facts come ..... in drawing this conclusion we have also drawn inspiration from the fact that subsection (8) clearly envisages that on completion of further investigation the investigating agency has to forward to the magistrate a 'further' report or reports - and not fresh report or reports -- regarding the 'further' evidence obtained ..... from the above ratio laid down by the hon'ble supreme court it is absolutely clear that it is the duty of the investigating agency to investigate every fresh fact or information which comes to their notice irrespective of the fact whether the case relating to that crime is already pending before the court or not, and submit its report ..... of the court only to decide as to whether there should be a joint trial or a separate, but not the discretion of the investigating agency to make a joinder of cases and incidents influencing its own decision upon the court. ..... of persons who are not already accused comes to the notice of the investigating agency, the investigating agency cannot keep quiet and refuse to investigate the fresh information. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2251
..... coordinator shall be- (a) to assist the district panchayat in discharging its functions under this act and any scheme made thereunder; (b) to consolidate the plans prepared by the blocks and project proposals received from other implementing agencies for inclusion in the shelf of projects to be approved by the panchayat at district level; (c) to accord necessary sanction and administrative clearance wherever necessary; (d) to coordinate with the programme officers functioning within his ..... jurisdiction and the implementing agencies to ensure that the applicants are provided employment as per their entitlements under this act; (e) to review, monitor and supervise the performance of the programme officers; (f) to conduct periodic inspection of the works in progress; and ..... the village development department scheme has been made the nodal department as implementation agency in clause 2.1.1 and that district, region and gram panchayat in their areas are provided to be the main ..... proposals and the proposals of the intermediate panchayat into a block plan to be forwarded to the district programme coordinator, who will consolidate the block plans and proposals from other implementing agencies and district panchayat will approve the block wise shelf of the projects. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All113
..... the rights of the retailers appointed by the collector under written agreements to distribute government food-grains and levy sugar and the effect of the termination of their agency by the collector under clause (16) thereof again came up for consideration before a division bench of this court in the case of raj kumar sheo kumar v. ..... sought to be achieved by appointment of these distributors under agreements and having a clause therein authorisingthe district magistrate to terminate the agency at any time without assigning any reason seems to be fair and equitable distribution of foodgrains and other essential commodities to the people ..... that the relations between the parties were wholly contractual in nature there is no question of the application of the principles of natural justice if in terms of the agreement, the agency is terminated in view of the decision of the supreme court in bareilly development authority as well as other decisions of this court cited above.17. ..... decision, learned counsel submitted that the retailers have no choice but to sign on the dotted lines in the standard form of agreement containing the clause that the agency could be terminated by the district magistrate at any time without assigning any reasons. ..... the supreme court ruled that the rights of the parties were purely contractual and that the contract of agency itself having provided for termination of the agency, the action of the collector in terminating the agency could not be validly challenged. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC773
..... but as stated supra, the grant of privilege or for that purpose settlement of shops for retail vend of country liquor on auction-cum-tender system is essentially a contract and therefore, the principles governing contract and the law of agency shall be attracted in the matter of negotiation/contract for sale of country liquor by granting exclusive privilege in favour of a person.24. the expression 'by any person on account of any contact relating to excise revenue' occurring in section ..... are therefore, persuaded to the firm view that the principles governing the contract including the law of agency, in the fact situation of a given case will be attracted in the matter regarding grant of ..... justice. in other words, as a condition precedent to proceeding against 'undisclosed principal' under section 39, the facts constitutive of agency or of unregistered company or firm and facts and circumstances constituting fraud, misrepresentation or deceit must be succinctly stated in the show-cause notice.26, recovery certificate issued by the collector is a consequential act ..... . from this reckoning also, the court is of the view that questions relating to agency in the matter of grant of exclusive privilege under the act, would not be outside the scope of section 39 and if any such question properly arises or is raised, the collector can ..... mal : air1931all372 , a division bench of this 'court held the view that agency need not be created by written document and can be inferred from the circumstances .....
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