Court : Allahabad
Reported in : AIR1968All95
..... categorically provides that the rights and liabilities of the employers and workmen in relation to lay off shall be determined in accordance with the provisions of chapter v-a of the central act. this clearly means that in regard to the question of payment of compensation for lay off and retrenchemnt, the relevant provisions of the central ..... , yet they will not be entitled toclaim any benefits for the period prior to1957; because prior to 1957 all workmen doingsupervisory duties were excluded from thedefinition of 'workmen''. it was by theu. p. industrial disputes (amendment andmiscellaneous provisions) act of 1957 thatthe workmen having supervisory duties butdrawing only upto rs. 500 as wages, were included in the definition of ..... workmen. thecommissioner and the labour court willproceed on the basis that the officers willnot be entitled to claim bonus for any periodprior to 16-4-1957. subject to this direction,all the petitions are liable to fail. they areaccordingly dismissed with costs.
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All100; 1968CriLJ281
..... the third clauses of section 188 i. p. c. are not unrelated to the public tranquillity and, it will be noted, riot and affray are included in chapter viii of the indian penal code which deals with what have been described by the code as offences against the public tranquillity. however the fact that in some ..... is made in the judgment. in this connection i may refer to the following cases: 14. in sharda prasad srivastava v. accountant general uttar pradesh allahabad : (1957)illj37all the constitutional validity of a contract of service was in question. in a very similar earlier case the supreme court had declared a contract of that nature valid. ..... supdt., central prison, fatehgarh v. ram manohar lohla : 1960crilj1002 , when dealing with the wording of clause (2) of article 19 as amended by the constitution (first amendment) act, 1951, it fell to be decided what 'public order' meant, subba rao, j. speaking for the court referred to all earlier rulings and quoting from them came to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All342
..... not 'final' until this stage is passed,16. the third and the last stage of process of consolidation covers the enforcement of the scheme dealt with in chapter 4 of the act. this part provides for the handing over of possession of plots allotted to the tenure-holders and preparation of the new revenue records under section 27, sub-section (1) ..... up. obvious complications and difficulties arise when this is not done.31. the language of section 20(2) shows that the scope of objections which 'may' (converted into 'shall' in 1957) be taken under it is wider than that of objections to entries which 'shall' be taken under section 12 (1) by a person who can question them. nevertheless, a person ..... 51; society of medical officers of health v. hope. 1959-2 wlr 377 at pp. 391, 396, 397, 402. in bum & co., calcutta v. their employees, 1956 scr 781 = air 1957 sc 38 this court said that although the rule of res judicata as enacted by section 11 of the code of civil procedure did not in terms apply to an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All402
..... no. 4 to this petition made an application under section 8(3) of the u. p. consolidation of holdings act (hereinafter referred to as the act). the assistant consolidation officer passed an order on 8-10-1957 holding that lautu was in possession over the plot in dispute for two years next preceding the date of the application. ..... holdings in uttar pradesh for the development of agriculture.' it contains five chapters. chapter i is headed 'preliminary' and contains sections 1 to 3 of the act. chapter ii is headed as 'revision and correction of maps and records' and contains sections 4 to 12-d. chapter iii is headed as 'preparation of consolidation scheme' and contains sections 13 ..... to 23. chapter iv of the act is headed as 'enforcement of the scheme' and contains sections 24 to 36-a chapter v is headed as 'miscellaneous' and contains sections 37 to 54 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All591; 1969CriLJ1473
..... is presented before him on behalf of the complainant, but, even so, that procedure was not warranted by the provisions of the code. it was observed:--'the object of the chapter of the code in which section 202 appears is to prevent accused persons being harassed at all or asked to appear if in the opinion of the magistrate no prima ..... takes cognisance of an offence and issues process against the person complained against, he cannot subsequently direct the police to make an enquiry against him. k. savaranna v. state air 1957 andh pra 472, is a case the facts of which appear to be reverse to what they are in the present case. what has been held in that case is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All142
..... :--'in every enactment or notification passed or issued before the commencement of this code in which reference is made to or to any chapter or section of act viii of 1859 or any code of civil procedure or any act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, 'be taken to ..... sheshgiridas shan-bhag v. sunderrap air 1946 bom 361, laxmikumar srinivas das v. krishnaram baldeo bank, lashkar, air 1954 madh b. 156 and satyanarayana v. venkata subbiah air 1957 andh pra 172 (fb).48. section 121 declares:'the rules in the first schedule shall have effect as if enacted in the body of this code until annulled or altered ..... , the appellate court may, if it thinks fit, by order remand the case, .....'this court amended order xli, rule 23, c. p. c. with effect from june 1, 1957 and that provision now for the purposes of this state reads:--'where the court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All248
..... respondent sabha is beyond time, isbased on the misconception that the appealwas admitted by the registrar soon alter itwas filed. in fact, in view of rule 9, chapter xi, rules of court the appeal couldnot have been admitted by the registrar.the order for admission was, therefore,passed by the court on 23rd october, 1967, ..... year 1921 necessity was felt of registering the sabha, which had been functioning since 1910, and whose president was shri sahabji maharaj himself, as a charitable society under act no. xxi of 1860. 48. shri sahabji maharaj as santsad guru occupied a unique position. however, he never considered himself different from an ordinary satsangi. in ..... private business, in relation to the facts of the particular case. illustration (e) to the section is-'the court may presume- (e) that judicial and official acts have been regularly performed......' 24. once the registration of a society has been proved, it can safely be assumed, relying on the presumption which can be raised under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All363
..... see as to how the provision in section 90 can have any effect on sections 61, 62, 63 and 65 of the indian evidence act which occur in chapter v of the act and which chapter deals with documentary evidence. section 61 says that contents of documents may be proved either by primary or secondary evidence. section 62 says that ..... to this amendment. the only effect of the amendment is that if a party is found entitled to offer secondary evidence in accordance with the provisions contained in chapter v of the act, then he shall have no more to lead evidence to prove its execution provided the document is 20 years old. we are, accordingly, unable to accept ..... sultan khan. the suit was filed by bismallah and sardaran im-pleading their brother habibullah as defendant no. 6 he was, however, subsequently by an order dated 31st october. 1957 transposed as plaintiff no. 34. defendant no. 2 died during the pendency of this appeal and camp to be substituted by his widow and issues, namely, defendants nos. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All1
..... for dismissal in default of appearance would stand identically on the same footing.46. it was then urged that section 116b of the act provides:'the decision of the high court on appeal under this chapter and subject only to such decision, the order of the tribunal under section 98 or section 99 shall be final and conclusive' ..... declaration of law by the supreme court in a previously decided case to which bhagwati j. himself was a party. i am referring to the case of harish chandra : [1957]1scr370 (supra) in paragraph 20 venkatarama ayyar j. speaking for the court held that in sitaram v. yograjsingh, : air1953bom293 it was held that 'procedure' in section 90 ..... opinion all these aspects are no longer res integra. they are concluded by the decisions of the supreme court.26. in harish chandra bajpai v. triloki singh, : [1957]1scr370 it was urged that the word 'trial' must be understood in a limited sense, as meaning the final hearing of the petition, consisting of examination of witnesses, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All15
..... the order dated 23rd december, 1967. the appeal was valued at the same figure of rs. 27,778.2. the respondents moved an application under rule 24 of chapter viii of the rules of court stating that an appeal against the order dated 23rd december, 1967, lay to the court of the district judge. the present appeal ..... vested right of appeal can be taken away only by a subsequent enactment if it so provides expressly or by necessary intendment (vide garikapati veeraya v. subbiah choudhry : [1957]1scr488 ,9. the right of appeal being a creature of the statute, its nature and character will be determined and controlled by the provisions. the question whether the ..... before the admission of the appeal. the respondents were not heard. the bench expressed its opinion 'as at present advised'. the bench held:--'section 3 of the amended act says that any right, title, obligation or liability already acquired, accrued or incurred shall continue to be heard and decided by such court. accordingly, the right of .....
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