Court : Allahabad
Reported in : 2000(4)AWC2625; (2000)3UPLBEC2641
..... invalidity. therefore, it cannot be held by reading down the provisions of regulation 9 (b) framed under section 53 of the delhi road transport act. 1950 read with delhi road transport (amendment) act, 1971, that the said provision does not confer arbitrary, unguided, unrestricted and uncanalised power without any guidelines on the authority to terminate the ..... functioning--were drafted, the framers could not have foreseen as to what would be the development in the coming future. in r.c. poudyal v. union of india air 1993 sc 1604, m.n. venkatachaliah, j., (as the learned chief justice then was) observed as under : 'in the interpretation of a constitutional document words ..... to get rid of that hurdle or impediment. section 21a of the adhiniyam, 1961, was inserted into the adhiniyam, 1961, by u. p. act no. 37 of 1976, which came into force on may 1, 1976, which deals with the temporary arrangement in certain cases. said provision is reproduced below : '21a. temporary arrangements in certain .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4684
..... allegations in the first information report in the present case are ?4. after quoting the contents of first information report it was further held that consequently, there is force in the arguments of sri v.c. tiwari that the offence, if any, in the instant case happened in bareilly...consequently this case was registered only under section 498a ..... hand contended that in view of subsequent decision of hon'ble supreme court in satvinder kaur v. state (government of nct of delhi) jig 2000 (1) (sc) : air 1999 sc 3596 (decided on 5-10-1999) the observation of the division bench's case relied on by the learned counsel for the petitioners is no good law. in ..... of their hands from the investigation of case crime no. 262 of 2000 under sections 498a, 504/506 and 120b, ipc and under section 3/4 of dowry prohibition act. p. s. fatehgarh, district farrukhabad and commanding respondents nos. 1 and 2 to transfer investigation to the concerned police station subhash nagar, bareilly.3. the learned counsel .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3074
..... it appears, some evidence was also received in the said suit, but before a final verdict could be given by the civil court. uttar pradesh public services tribunal act came into force and thereupon, the case stood transferred to the services tribunal. the tribunal heard the parties counsel and thereafter dismissed the claim petition vide its judgment and order dated ..... after referring to purshottam lal dhingra v union of india, air 1&58 sc 36. state of bihar v. gopi kishore, air 1960 sc 689. madan gopal v. state of punjab, air 1963 sc 531, jagdish mitter v. union of india, air 1964 sc 449. ramendra chand banerjee a union of india, air 1963 sc 1552, champak lal chiman lal shah v. ..... union of india, air 1964 sc 1864. shamsher singh v. state of punjab .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2506; (2000)3UPLBEC2217
..... pointed out by mr. shahi the finding and sentence of court martial is not valid unless it is confirmed in view of section 152 of the air force act. 1950. under section 157, the confirming authority has the power to mitigate, remit or commute the sentence, which is not disputed by mr. shahi. now ..... as follows :'the accused, 619328 corporal tiwari rniaf/p of 13 provost and security unit. air force attached to air force administrative college, coimbatore, an airman of the regular air force is charged with : firstchargecommittinga civilsection 71offence.that is toairforce act. 1950.saycommitting unnatural offence punishable under section 377 of the indian penal code, in that he. at ..... , the present court martial having been convened before the amendment was made, cannot be governed by the amended rule 43.3. rule 43 of the air force rules, 1969, before amendment provided as follows :'43. convening of general and district court martial.--(1) an officer before convening a general or district court .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2853
..... i.e., to say, after the district magistrate had passed the order prohibiting the establishment of new brick-kilns within the radius of 10 kms. from the air force station. admittedly, the petitioners were running brick-kilns in the village piparsana, bhojipura and only in the year 1997-98 they wanted to establish their brick-kilns ..... activities were wholly illegal and in violation of section 4 of the act and rule 3 of the rules. he further submitted that the district magistrate has passed an order prohibiting theestablishment of new brick-kiln within a radius of 10 kms. from the air force station bareilly as far back in the year 1992 and there is ..... that the provisions of the aircraft act, 1934, are not at all applicable in the present case.7. the learned counsel for the petitioner submitted that the order passed by the district magistrate, bareilly prohibiting the establishment of the new brick-kiln within the radius of 10 kms. from the air force station imposes unreasonable restriction on the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2538
..... part ; or(b) the court finds that:(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or(ii) the arbitral award is in conflict with the public policy of india.'7. a plain reading of the said provision shows that an application for setting aside an ..... ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, falling any indication thereon, under the law for the time being in force ; or(iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his ..... to render the provisions contained in the said act nugatory and irrelevant.12. mr. rai had relied upon on the decision in the case of smt. dulari devi v. rajendra prakash and others, air 1959 all 711, in order to contend that it would be a misconduct on the part of the arbitrator if the award contains a direction touching the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2834; [2000(87)FLR142]; (2000)3UPLBEC2161
..... clause (ll) of the standing orders functions as a tribunal.14. sri p.k. mukherji has lastly urged that the standing orders have no statutory force and, therefore while exercising jurisdiction under sub-clause 6 of clause (ll), the deputy labour commissioner cannot be said to be a tribunal. sri mukherji ..... the decisions of the supreme court wherein the question as what is a tribunal has been considered.9. in durga shankar mehta v. raghuraj singh : (1950)nullllj921sc , it was held that the expression tribunal' as used in article 136 of the constitution of india meant the same thing as court, but includes ..... . their position is entirely different from a standing order made by an employer himself, which is merely certified under the provisions of industrial employment (standing orders) act. 1946. therefore, the contention raised has no substance.15. for the reasons discussed above, the inescapable conclusion is that an additional/deputy labourcommissioner, while exercisingjurisdiction under .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2573; [2000(84)FLR147]; (2000)IILLJ1575All; (2000)3UPLBEC2284
..... the learned counsel for the appellant. the subject-matter of challenge in the writ petition was an appellate order passed by the appellate authority under the payment of wages act. this act has been passed by the parliament with reference to entries 22 to 24 of concurrent list. entries 22 to 24 read as under:'22. trade unions ; industrial ..... upon the decree passed by the civil court in his favour. the authority determined the liability of the employer, namely, the l.i.c.. underthe payment of wages act. this act has been enacted with reference to entries 22 to 24 of the union list. therefore, the order passed by the appellate authority which was the subject-matter of ..... 47 of the union list. learned counsel has referred to two decisions of this court in yuvraj dutta stngh v. prescribed authority, air 1968 all 305 and state of u. p. v. b. n. singh, air 1971 all 359 in support of submission that the special appeal is maintainable. we have carefully considered the authorities cited and in our .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2580
..... supreme court in gappulal v. thakurji shri ji dwarkadheesh ji and another, air 1969 sc 1291, where the tenant was let out the accommodation when the provisions of rajasthan premises (control and eviction) act, 1950 were not applicable. the landlord after enforcement of the said act filed the suit for eviction on the ground that he had sublet the ..... cannot be treated illegal. the court observed : 'if the tenant has sublet the premises without the permission of the landlord either before or after the coming into force of the act. he is not protected from eviction under section 13(1)(e). and it matters that he had the right to sublet the premises under section 108(j) ..... letting has been done by the tenant, the tenant can be evicted and the sub-tenant cannot have independent right in the demised premises but if the act comes into force, the tenant must establish that sub-tenancy was created with the permission of the landlord. this question was again considered by the supreme court in shantilal .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2367
..... 1971 alj 724, a full bench of our court held as follows :'it is not correct to say that no temporary posts can be created in the police force, section 2 of the police act is certainly wide enough to permit such posts to be created, and it appears that it is now the general rule in u. p. for all new ..... government orders issued from time to time on the subject relating to recruitment. therefore, the field relating to recruitment of subordinate ranks of the police force is already covered by the provisions of the police act. consequently, a rule made by the governor in exercise of power conferred by proviso to article 309, like the 1972 rules, which is very ..... within the main clause of article 309 of the constitution. he has also urged that no rules have been framed under the act to regulate the recruitment and conditions of service of non-gazetted members of the police force and, therefore, the field is not occupied and it is competent for the governor of the state to make rules regulating the .....
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