Court : Allahabad
Reported in : 1972CriLJ1428
..... section (3) of section 3 of the act the state government is empowered by notification in the gazette to exempt any shop or commercial establishment or any class of shops or commercial establishments from the operation of any of the provisions of the act. ..... the governor of uttar pradesh is pleased to exempt all commercial establishments which are engaged in manufacturing processes from the operation of the provision of section 5 of the said adhiniyam read with rule 3 of the ..... 5 of the act it is provided that no shop or commercial establishment not being a shop or commercial establishment mentioned in schedule ii. ..... was also pleaded that the commercial establishment of the respondent was not open on the said date and time and the business was also closed and the inspector visited the establishment when he was comming out of ..... question for consideration is whether the commercial establishment of the respondent is engaged in ..... schedule ii enumerates the shops and commercial establishment to which the provisions of sections 5 and 8 ..... or remove from schedule ii any class of shops or commercial establishment. ..... the defence of the respondent was that his establishment was engaged in manufacturing process and was exempt from the operation of the provisions of section 5 of the act and rule 3 ..... , obvious that when a photographer is engaged in taking photographs of his customers he is engaged in a manufacturing process and his establishment would be an establishment engaged in a manufacturing process. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC727; (2004)3UPLBEC2770
..... a perusal of anncxure ca-2, which are the photographs of the various shops and commercial establishments, shows that the entire residential vasundhara scheme has been disrupted by such shops and commercial establishments which have been set up by the members of the petitioner's society. ..... avas evam vikas parishad at ghaziabad was a purely residential scheme wherein no commercial activity or trading is permitted except for the commercial establishments specially provided to cater the day-to-day needs of the residents of the ..... alleged in para 19 of the petition that the master plan entitles the petitioner to have shops called convenience shops which arc not big industrial or commercial establishments. ..... the parishad had conducted a survey in which it was noticed that residents of the scheme have complained about the unauthorized commercial activities carried on from the residential properties and have stated that on account of such illegal activities they are facing great hardship, inconvenience, traffic jams, parking ..... of the petitioner's society who want to carry on such business activity can do so from the commercial complexes earmarked for such purpose, and not from other places.32. ..... further held by the supreme court (in paragraphs 28 and 29) that illegal commercial use by constructing a cinema house invades the right of the residents.46 ..... case the petitioners had a residential lease, which was being used for commercial purpose and hence proceedings were initiated for unauthorized user. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1753
..... 2 or his nominee shall have access to all parts of the commercial establishments and branches in the different cities ;(vii) all the financial transactions and withdrawals of money shall be carried out under the joint signatures of the petitioner ..... every commercial establishment has its own ways of dealing with the business, its suppliers ..... completely excluded the other from the management and the profits of the firm and funds are misappropriated, receiver can again be appointed but for a running firm, the dissolution of which is not established, because that will affect the position of the person who is running the business and is in de facto possession of the same. ..... having its principal office/ headquarters at ujhiani and branches of different business establishments at bilsi, shaswan, ujhiani, delhi, kasganj and biswaull ;(iii) both of them will be required to maintain proper accounts of the assets of the partnership--both capital and liquid including the income accruing from ..... this, the petitioners have also attempted to procure the licence of the dealership in oil in their own names treating the establishment at shaswan as their own personal in contradistinction to the partnership business. ..... : air1978all189 , that to justify the appointment of receiver plaintiff must establish firstly, a primafacie good case and secondly, that it is necessary to prevent fraud and to protect and preserve the property against imminent danger, before he comes and seeks the relief of appointment .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1631
..... there are footpaths also on both sides of this metalled road, on which important commercial establishments are located. ..... several commercial establishments, insurance companies offices etc. ..... from the very beginning, the building is being used for commercial purposes, to run a bank, which can be defined as a 'public sector corporation' as per definition given in clause (p) of section 3 of the act. ..... 2004 (22) lcd 434 : 2004 (1) awc 220, the tenant has fully established his case for enhancement of rent. ..... this maqbara road is also a busy commercial area, a part of hazratganj area in the city of lucknow. ..... he has established his case before the courts below that rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All209
..... had been specifically asserted in their objection in the court below that the expeller had been fitted in an area which was both commercial cum residential one, it was asserted by learned counsel for the appellant that any interim order of injunction to stop working of a commercial establishments on the allegation that it was likely to create a nuisance wouid result in the establishments to be closed at the outset without any positive enquiry by the court in that regard. ..... should be considered first before a suit for injunction is finally disposed of; and the commercial establishments in a commercial zone should not be asked to be closed down forthwith merely on the allegation that it was likely to ..... days and on such weekly holidays when the business activities have been directed to be not carried on on account of the weekly closure of the commercial establishments.7. ..... however there is force in the contention of learned counsel for the respondent that in an area which is residential-cum-commercial in nature, no business activity of this type should be permitted during the night when people after the day long labour ..... that the expeller had been fixed in a house which fell in a commercial cum residential zone, where other saw machines etc. ..... permitted, is bound to render the entire commercial activity to be reduced to a complete halt. ..... the observation of the court below was wrong inasmuch as the accommodation in dispute fell in a zone which was residential cum commercial in nature. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All71
..... it was surrounded by several industrial and commercial establishments and industrial growth had already increased the potential value of the land to a great extent. ..... 64 shown by exhibit 11 was also not applicable to the facts of the present case because the land covered by these documents were situate in commercial area, whereas the disputed land is situate much to the east of nainital road. ..... the nearer the land to the road, the higher will be its commercial potential and the learned lowercourt has taken this fact into consideration that this is a vital premise and no legal objection can be taken against that,15. ..... it was certainly not situate in commercial area as evidence from the amin's map noted above. ..... in order to get enhanced compensation, the learned counsel for the appellants stressed that roads, dalmia hospital, quarters, establishments etc. ..... it could be utilized for both residential and commercial purposes. .....
Tag this Judgment!Court : Allahabad
Reported in : (1956)IILLJ296All
..... act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an inspector.in our opinion the words of section 29 of the uttar pradesh shops and commercial establishments act are very clear and section 29 only provides that a complaint has to be filed in writing of the facts constituting an offence within six months of the date on which the offence is alleged to have been committed. ..... section 29 of the uttar pradesh shops and commercial establishments act provides thatno court shall take cognizance of any offence under this act or any rule or order made thereunder except on a complaint in writing of the facts constituting such offence made within six months of the ..... the opposite party was tried by the city magistrate of allahabad under section 16 of the uttar pradesh shops and commercial establishments act, 1947. .....
Tag this Judgment!Court : Allahabad
Reported in : (1960)ILLJ431All
..... preamble of the act which is:it is expedient to provide for holiday and to regulate hours of employment and certain other conditions of employees in shops and commercial establishments.and to the provision of section 4 of the act laying down that nothing in it shall apply to persons occupying positions of a confidential, managerial or supervisory character, persons whose work is inherently intermittent, offices of government or of local authorities, establishments for the treatment or the care of the sick, infirm, etc. ..... father and son and own a shop in which kerana business is carried on in the name 'shambhu prasad kerana shop,' have been convicted under section 27 of the uttar pradesh shops and commercial establishments act, 1947, for not closing it on a tuesday which is the close day for it. ..... does not employ any employees, cannot be said to be in con-slot with the preamble and it cannot be said that the preamble does not contemplate providing for holidays in shops and commercial establishments in which no employees are employed. ..... holidays has nothing to do with the employment of employees; legislature could have intended to provide for holidays even in those shops or commercial establishments in which no employees are employed. ..... to be to provide for holidays and to regulate the hours of employment and other conditions of employment but it does not follow that the act could not contain any provision regarding a shop or commercial establishment in which no employees are employed. .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(114)FLR549]
..... sinha, the learned counsel for the respondents submitted that the petitioner is an establishment and is covered under the definition clause of a commercial establishment as defined under the shop act and, even though, it is an authority created under rule 4 of the cooperative banks' service rules 1976, nonetheless, it is an establishment and is covered under the provisions of the gratuity act. ..... section 2(4) of this act defines a commercial establishment as under:(4) 'commercial establishment' means any premises, not being the premises of a factory, or a shop, wherein any trade, business, manufacture or any work in connection with, or incidental or ancillary thereto, is carried on for profit and includes a premises wherein journalistic or printing ..... in the present case, the petitioner is engaged in the business of banking and therefore, cannot escape from the definition of a 'commercial establishment' under the shop act. ..... work, or business of banking insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as theatre, cinema, or for any other public amusement or entertainment or where the clerical and other establishment of a factory, to whom the provisions .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC456; [2007(115)FLR521]; (2008)ILLJ335All
..... act shall have no application to-(a) employees occupying positions of confidential, managerial or supervisory character in a shop or commercial establishment, wherein more than five employees are employed:provided that the number of employees so exempted in a shop or commercial establishment shall not exceed ten per cent of the total number of employees thereof;18. ..... dookan aur vanijya adhishthan adhiniyam, 1962 and employees of such commercial establishment, if not paid their wages as provided under the act, can ask for recovery of the withheld wages in accordance with the provisions of the payment of wages act, 1976 (reference section 2(4) read with ..... the aforesaid provisions it is apparently clear that the commercial establishments, which include a cinema hall are covered by the ..... act not to apply to certain persons, shops and commercial establishments. ..... or printing work, or business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, or which is used as threatre, cinema, or for any other public amusement or entertainment or where the clerical and other establishment of a factory, to whom the provisions of the factories act, 1948, do not apply work;3. ..... dookan aur vanijya adhishthan adhinivam, 1962:2(4) 'commerical establishment' means any premises not being the premises of a factory, or a shop, wherein any trade, business, manufacture, or any work in connection with, or incidental or ancillary thereto, is carried on for profit and includes a .....
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