Court : Allahabad
Reported in : 2009(1)AWC521; [2008(119)FLR935]
..... reference may also be had to the following judgments of the apex court wherein a university as well as school has been held to be an industry (a) university of delhi v. ..... ram nath air 1963 sc 1877 and (b) miss. a. ..... act.8. ..... act, 1948.4. ..... act, 1948 inasmuch as the words 'other establishments' as used in the said section would necessarily take it's colour from the preceding words industrial, commercial, agricultural or otherwise, being read as ejusdem generis. ..... act. ..... act, 1948.3. ..... act, 1948 dated 30th june, 2008 whereby educational institutions have been brought within the purview of the e.s.i. .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)16VST510(All)
..... state of rajasthan reported in 1979 uptc page 37, the section 2 (p) of the rajasthan sales tax act which defines sale price has been considered which means 'the amount payable to a dealer as consideration for the sale or any goods less any sum allowed as cash discount according to the practice normally prevailing in ..... counsel for the applicant submitted that since the amount of freight had been charged separately in the bill from the customers, therefore, it would not be the part of the turnover in view of explanation-ii of section 2 (i) of the act, which defines the 'turnover'. ..... trade tax act as well as central sales tax act with the assessing authority, agra. ..... trade tax act (hereinafter referred to as 'act') is directed against the order of tribunal dated 15.04.2006 relating to assessment year 1999-2000 under the u.p. ..... applicant claimed that the freight from ahmedabad to agra since being charged separately in the bill, would not be a part of the turnover in view of explanation of section 2 (i) of the act which defines 'turnover'. ..... trade tax act which defines turnover. ..... 1963. ..... trade tax act. ..... trade tax act.2. .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(114)FLR645]
..... consequently, the benefit provided in the (sic) scheme made under the coal mines provident fund and bonus sc(sic) act, 1948 which remains to be computed must fall under sub-sect(sic) and the labour court therefore had jurisdiction to entertain and ti(sic) a claim, it being a claim in respect of an existing right arising fr(sic) ..... this type of claim cannot be adjudicated under section 33c (2) of the act.consequently, the impugned order of the labour court passed under section 33c (2) cannot be ..... as maxwell has observed 'where an act con(sic) jurisdiction, it immediately also grants the power of doing all sue(sic) or employing such means as are essentially, necessary to its exe(sic) we must accordingly hold that section 33c(2) ..... is disputed and there being no earlier adjudication or recommendation thereof by the employer, a dispute relating to such entitlement which is not incidental to the benefit claimed would be clearly outside the scope of section 33c (2) of the act.in tara and ors. v. ..... application under section 33c(2) of the industrial disputes act claiming difference of pay. ..... be held that the labour court as well as the high court were in error in treating as maintainable the applications made under section 33c(2) of the act by these respondents.5. ..... : 1963 (7) flr 141 (sc) wherein, the supreme court held-in our opinion, on a fair and reasonable construction of sub-section (2) it is (sic) that if a workman's right to receive the benefit is disputed, that may (sic) to be determined .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All430
..... speaking for the court observed that in exceptional cases as the expression 'ordinarily' indicates, a person who has been prejudicially affected by an act or omission of an authority can file a writ even though he has no proprietary or even a fiduciary interest in the subject matter thereof. ..... the state government reversed this policy on 18-7-1963 by publishing draft transit pass rules in respect of all the five nagar mahapalikas of the state. ..... the nagar mahapalika varanasi also applied and acted in accordance with this new transit pass rules. ..... the action of the nagar mahapalika in acting in accordance with the new set of transit pass rules has given rise to the present petition. ..... of india it is prayed that the nagar mahapalika, varanasi, and the state of uttar pradesh be directed to continue to enforce the nagar mahapalika octroi rules, 1965, and not to give effect to the transit pass rules notified on 18-7-1963.2. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3470
..... bye-laws for its own purposes and for the purposes of kshettra panchayats, applicable to the whole or any part of the rural area of district, consistent with the act in respect of matters required by the act to be governed by bye-laws and for the purposes of (sic) or maintaining the health, safety and convenience of the inhabitants of the rural area of the ..... under section 239(1) the zila panchayat could make bye-laws applicable to the whole or any part of the rural area of the district in respect of matters required by the act to be governed by bye-laws and since under section 142, the zila panchayat could charge fees to be fixed by bye-laws for use or occupation of any immovable property ..... it is wrong to say that the state legislature would have no authority to legislate on anything which even touches the subject which is covered by the declaration made by the mines act; that as the levy imposed by the impugned bye-laws has nothing to do either with the development of minerals or regulations of mines but only provides for levy of fees ..... as seen above, the constitution bench of the supreme court in kesoram clearly held that tax and fee was not a subject dealt with the mines act as would be clear from the provisions of sections 13, 18 and 25 of the act and that a state legislation which makes provisions of levying such a fee for rendering services without any intention of regulating and controlling the subject of ..... 1963 and the mines and minerals (regulations and development) act .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)218CTR(All)404
..... court may modify the language used by the legislature or even do some violence to it, so as to achieve obvious intention of the legislature and produce a rational construction.the apex court in the above case was interpreting section 52(2) of the it act relating to capital gains and it was interpreted not in a literal way but in a manner to make it workable and to avoid absurd and unjust results.12. ..... question, thus, arises as to whether the purchase of agricultural land on 15th june, 1979 was within the period of two years for the purposes of section 54b of the it act so as the assessee may not be charged for capital gain on transfer of land used for agricultural purposes. ..... he submits that as soon as relevant notification under section 6 of the land acquisition act has been issued, the property vests in the state government and the transfer of the agricultural land is complete. ..... therefore, it was submitted that in view of section 54b of the it act, the assessee was not liable to pay capital gains. ..... but, in the context of section 22 of the it act, having regard to the ground realities and further having regard to the object of the it act, namely, 'to tax the income', we are of the view, 'owner' is a person who is entitled to receive income from the property in his own right.'13. ..... mehta, ito : [1963]48itr154(sc) and biswanath jhunjhunwalla has held that,it is the language of the provision that matters and when the meaning is clear, it has to be given full effect. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1385
..... if therefore the individual charged with a certain conduct owes a duty, either to another individual or to the society in general, to act in a specific manner or not to so act and he still acts contrary to it and does so knowingly, his conduct must be held to be due to vileness and depravity. ..... the court laid down three tests to find out whether the offence involves moral turpitude :(1) whether the act leading to a conviction was such as could shock the moral conscience of society in general. ..... moral turpitude is clearly an ingredient of the offence when the offence consists of an act of giving false information knowing it to be false in order to injure somebody else ..... (2) whether the motive which led to the act was a base one, and (3) whether on account of the act having been committed, the perpetrator could be cqnsidered to be of a depraved character or a person who was to be looked down upon by the society. ..... court observed :'the making of a false charge knowing it to be false with the object that the accused should be prosecuted and punished is certainly an act which involves a serious type of moral turpitude. ..... court held that making of a false charge knowing to be false with the object that the accused should be prosecuted and punished, is an act which involves serious type of moral turpitude. ..... , air 1963 all 527, held that the conviction under sections 3 and 8 of u. p ..... , air 1963 all 527, where the respondent therein had filed an application to the post of pradhan of gaon panchayat .....
Tag this Judgment!Court : Allahabad
Reported in : (1970)ILLJ392All
..... out the complaint and to refrain from adjudicating on it it, has been filed late, secondly the words used in the section shows that a complaint under section 6f has been equated with a reference under section 4k of the act, for the complaint has to be adjudicated on by the court or tribunalas if it were a dispute referred to or pending before it;and if the court or tribunal has no power to dismiss a reference under section 4k ..... upon the complaint as if it were a dispute referred to or pending before it is accordance with this act.in the first place, this implies that it is obligatory on the court or tribunal to give a decision on the merits of the complaint, provided, of course, it falls within the ambit of the section; there is nothing ..... labour court on tribunal as the case may be shall adjudicate upon complaint as if it were a dispute referred to or pending before it, in accordance with this act, and shall subject its award to the state government and the provisions of this act shall apply accordingly.it is to be noted that this section lays down that whenever a complaint is made thereunder, the labour court or tribunal receiving such complaintshall adjudicate ..... actual wording of section 6f of the uttar pradesh industrial disputes act and also in view of the pronouncement of the supreme court in bombay gas company case 1963-ii l.l.j. .....
Tag this Judgment!Court : Allahabad
Reported in : 1987(12)ECC310
..... time be made with respect to transport, possession, sale or supply of restricted spirituous preparations, shall in areas specified or as the state government may from time to time specify under sub-section (4) of section 37-a of the said act, apply to the transport, possession, sale or supply by medical practitioners chemists, druggists, apothecaries and keepers of dispensaries of bona fide medicated articles for medicinal purposes as may be declared liquor under sub-section (1) of section 4 of the ..... learned counsel urged that since previously prohibition had been imposed in twelve districts and now it has been reduced to five, the state government is not acting in accordance with sub-section (3) of section 37-a, which requires gradual extension of prohibition, and not reducing the area by confining it to lesser number of districts than those which had earlier been taken ..... abdul razak sahib (1973) scr 856 : air 1973 sc 2861, wherein it was observed that in the case of a notification under section 4 of the land acquisition act, the law has prescribed that in addition to the publication of the notification in the official gazette, the collector must also give publicity of the substance of the notification in ..... case : [1963]3scr22 , the learned counsel for the petitioners urged that as prior publication of the notification under section 4 was not necessary as it is in respect of section 75 notification, the notification under sub-section (1) of section 6 of the act could be issued .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2605a; (2002)3UPLBEC2336
..... short the substance of the protection provided by rules, like rule 55 referred to above, was bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935, so as to give a statutory protection to the government servants and has now been incorporated in article 311(2) so as to convert the protection into a constitutional safeguard. ..... department is not expected to examine those other employees in the office to show that their acts or records could not have formed the basis cf wrong notings made by the respondent.'18. ..... (1) without prejudice to the provisions of the public servant inquiries act, 1850, an order (other than an order based on facts which had led to his conviction in a criminal court or by a court martial) of dismissal, removal or reduction in rank (which includes reduction to a lower post or time scale, or to a lower stage in a ..... its workmen, 1963 (2) llj 392 : air 1963 sc 1719 and associated cement ..... their workmen, 1963 (2) llj 367 : air 1963 sc 1914 ; meenglas tea estate ..... its workmen, 1963 [2] lab lj 78 (sc) ; sur enamel and stamping works ltd. ..... is well-settled that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply. ..... 1963 (2) llj 396 ..... true that departmental authorities and administrative tribunals must be careful in evaluating such material and should not glibly swallow what is strictly speaking not relevant under the indian evidence act. .....
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