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Judgment Search Results Home > Cases Phrase: durgapur municipal corporation act 1994 Court: allahabad Page 14 of about 285 results (0.082 seconds)

Jul 21 1998 (HC)

Dal Chand Agarwal Vs. Divisional Manager, Bank of Maharashtra, Poona a ...

Court : Allahabad

Reported in : 1998(3)AWC1680; (1998)3UPLBEC1656

..... the case of air india corporation ltd, (supra) was considered in the case of municipal corporation of greater bombay v, ..... discipline and appeal) rule, 1978 which provided for termination of the services of the employees of the corporation simply by giving 90 days notice or by payment of salary for the notice period in lieu of such notice was held vlolative of articles 14 and 16 of ..... court held that such power is arbitrary and there is no guideline which enabled the corporation to discriminate between one employee and another employee. ..... air 1969 sc 513, the court considering the provisions of section 10(2)of industrial employment (standing orders) act, 1946, held that the modification in the standing orders is permissible and even a workman has a right to contest the draft standing orders submitted by the employer for certification on the ground that they are ..... air 1971 sc 836, on the ground that the decision turned on regulations framed under the delhi road transport authority act, 1950, and not on pure industrial law or construction of standing order. ..... court considered the validity of rule 31 (v) of indian tourism development corporation (conduct. ..... ganguli and another, air 1986 sc 1571, the validity of rule 9 (i) ofthe central inland water transport corporation ltd. ..... labh chand, air 1994 sc 754, wherein it was held that if the division bench of the high court had dismissed the writ petition on the ground not availing of alternative remedy, the second writ petition on the same cause .....

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Mar 25 2011 (HC)

Janardan Singh Vs. D.M. and Ddc and Others

Court : Allahabad

..... the said letter indicates that the village is not within the municipal limits of the municipal corporation, varanasi but according to the notification of the urban development ..... the correction of land records, if any, passed on or before the date of such cancellation, cease to be under consolidation operations with effect from the date of the cancellation.rule 17 the notification made under section 4 of the act, may among other reasons, be cancelled in respect of whole or any part of the area on one or more of the following grounds, viz, that-(a) the area is under a development scheme of such a nature as when completed ..... one of the other arguments raised by the learned counsel for the contesting respondent is that the village has fallen within the municipal limits and therefore it should be excluded from the consolidation proceedings in view of the judgment in the case of maharaj singh ..... another argument to support the said stand has been advanced that the area has been brought within the municipal limits of varanasi and therefore in view of the law laid down in the case of maharaj singh vs ddc reported in 1990 rd 115 the consolidation of ..... third stage arrives where during the consolidation operations any transfer effecting the rights or interest can be revised by moving an application under section 12 of the act and on such an application being moved any objection thereto has to be decided in the same manner as under under sections 7 to 11 which apply mutatis ..... disputes in 1994. .....

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Jul 09 2004 (HC)

Sushila Chitra Mandir Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2004(4)AWC3075

..... municipal corporation, jullundhar and ors. ..... of tax exemption in favour of the petitioner the tax had not been deposited, and in such an eventuality under what statutory provision the appeal was maintainable for the reason that the appeal under the act, 1979, is provided in case the amount of tax is disputed or being recovered in spite of the exemption order.4. ..... in view of the provisions of entertainment and betting tax act, 1979 (hereinafter called the act, 1979), certain recoveries of entertainment tax were attempted to be made from the petitioner but he approached this court by filing the writ petition no. ..... similar view had been taken by the supreme court in indian oil corporation v. ..... , (1994) 4 scc 463, the hon'ble supreme court held that any direction for refund would amount to unjust enrichment of the respondents who were merely dealers and had passed on the burden to the consumers. ..... the writ petition was disposed of vide order dated 30.1.2004 directing the petitioner to file an appeal against the demand notices in view of the provisions of section 12 (2) of the act, 1979. ..... 15082 of 2004 for quashing the sale proclamation is still pending, how second petition could be filed for quashing the auction-sale, a consequential act. .....

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Apr 22 2003 (HC)

Rishi Muni Giri Vs. Regional Manager, U.P. State Road Transport Corpor ...

Court : Allahabad

Reported in : (2003)3UPLBEC2335

..... municipal corporation of delhi and anr ..... from them and on the other hand as the petitioner has stated to be suffering from mental disbalance and physical ailment for which he has stated that it is in the full knowledge of the three of the staff of the corporation whose name have also been given as referred above but in spite of the opportunity by the enquiry officer petitioner has not chosen to examine any of the staff. ..... it has been admitted by the petitioner that when he was lying in his quarter he was compelled by the corporation staff namely vishwanath, a driver; ramnat, checking clerk and another driver mohd. ..... , by the checking staff of the corporation and on finding certain irregularities checking report was prepared and was submitted to the assistant regional manager, pratapgarh depot ..... road transport corporation and ors. ..... nature of the defence of the petitioner burden to prove his stand heavily lay on him for which no evidence whatsoever was given for which reliance has been placed on a decision given in the case of orissa mining corporation and anr. v. ..... state road transport corporation and ors. ..... state road transport corporation, herein after referred to as the corporation. ..... in respect to the quantum of punishment which is claimed by the petitioner to be disproportionate in the matter where charges of corruption have been found to be proved, reliance has been placed on a decision given by the apex court in the case of municipal committee, bahadurgarh v. ..... , (1994) 2 uplbec 1047 and smt .....

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Jan 08 2007 (HC)

Indian Oil Corporation Limited Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : (2007)10VST282(All)

..... municipalities act, 1916, the uttar pradesh municipal corporations ..... as stated above, in the post 1995 era, the said working test propounded in the automobile transport 0065/1962 : [1963]1scr491 , stood disrupted when in bhagatram's case : 1994(4)scale1103 , a bench of three judges enunciated the test of 'some connection' saying that even if there is some link between the tax and the facilities extended to the trade directly or indirectly, ..... the doubt expressed by the referring bench about the correctness of the decision in bhagatram's case : 1994(4)scale1103 followed by the judgment in the case of bihar chamber of commerce : [1996]2scr184 was ..... therefore, in our view, the test of 'some connection' as propounded in bhagatram's case : 1994(4)scale1103 is not applicable to the concept of compensatory tax and accordingly to that extent, the judgments of this ..... in our view, this test of 'some connection' enunciated in bhagatram's case : 1994(4)scale1103 is not only contrary to the working test propounded in automobile transport's case 0065/1962 : [1963]1scr491 , but it obliterates ..... bihar chamber of commerce : [1996]2scr184 and bhagatram rajeev kumar : 1994(4)scale1103 and referred the case to a constitutional bench vide judgment and order dated september 26, 2003 reported ..... bench of seven judges in the case of automobile transport 0065/1962 : [1963]1scr491 and the test of 'some connection' enunciated by a bench of three judges in bhagatram's case : 1994(4)scale1103 cannot stand together. .....

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May 17 2007 (HC)

Allahabad Development Authority Through Its Secretary Vs. Presiding Of ...

Court : Allahabad

Reported in : [2007(114)FLR440]

..... in the aforesaid case, the daily rated/casual workers of the delhi municipal corporation had claimed the same pay as paid to the regular employees on the principle of equal pay for equal work' on the ground that they were doing the same kind of work as regular employees were doing. ..... in the opinion of the court, the present case is squarely covered by the decision in the case of the municipal corporation of delhi (supra).14. ..... in municipal corporation of delhi v. ..... the labour court cannot entertain a claim which is not an existing right and which could be made the subject matter of an industrial dispute, in a reference under section 10 of the act where the very basis of the claim or the entitlement of the workman to a certain benefit 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 ..... consequently, the benefit provided in the bonus scheme made under the coal mines provident fund and bonus schemes act, 948 which remains to be computed must fall under sub-section (2) and the labour court therefore had jurisdiction to entertain and try such a claim, it being a claim in respect of an existing right arising from the relationship of an ..... the very basis of the claim was disputed by the corporation as there was no earlier adjudication of the claim. ..... 44,990/- for the period 1.1.1994 to 31.10.1995. .....

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Mar 08 2002 (HC)

U.P. State Road Transport Corporation Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002(2)AWC1286; [2002(93)FLR410]; (2002)2UPLBEC1089

..... on behalf of the learned counsel for the petitioner-corporation, it was submitted that the labour court has no jurisdiction to first decide the workmen's entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33c(3) of the act and for this purpose learned counsel for the petitioner-corporation has referred the verdict of supreme court in municipal corporation of delhi v. ..... it is pertinent to mention here that the judgment of central bank of india (supra) was considered in the subsequent judgment of the supreme court in municipal corporation of delhi (supra). ..... 3, then to proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33c(2) of the industrial disputes act and it was only after the entitlement has been adjudicated upon or recognised by the petitioner corporation, then thereafter for the purpose of implementation or enforcement thereof, if some ambiguity remains to be interpreted, then it was to be treated as incidental to be dealt by labour court's under section 33c(2) in same way as the executing court exercises its power to ..... ganesh razak and another, jt 1994 (7) 476, where it was held : 'it is clear that there has been no earlier adjudication by any forum of the claim of these workmen of their entitlement to be paid wages at the same rate at which the regular workmen of the establishment ..... 34673 of 1994, u.p.s.r.t.c. v. b. k. .....

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Jul 09 2004 (HC)

Balwant Ram Chaudhary Vs. Bharat Petroleum Corporation Ltd. and ors.

Court : Allahabad

Reported in : 2004(4)AWC3335

..... municipal corporation, delhi and ors. ..... padia, learned counsel appearing for the respondent-corporation has submitted that the petition cannot be entertained for the reason that the order of allotment made in favour of respondent no. ..... more so, allegations of mala fide have been made without impleading any person by name, therefore, we uphold the submissions made by learned counsel for the respondent-corporation that those allegations cannot be taken. ..... procedural impropriety has been explained as failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who would be affected by the decision. ..... ashutosh kumar srivastava, (supra) ; haryana financial corporation and ors. v. ..... 1 bharat petroleum corporation issued an advertisement on 22.2.2004 regarding the appointment of distributor/dealership of l.p.g. ..... , air 2000 sc 2513 ; food corporation of india v. a. ..... samarendra kishore endow, (1994) 2 scc 537 ; state of punjab v. .....

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Dec 12 2007 (HC)

Maa Vind Vasini Industries (a Partnership Concern Registered Under the ...

Court : Allahabad

Reported in : 2008(1)AWC1002

..... 1988crilj1661 ; municipal corporation of delhi ..... determination of the revenue and tariffs and, in doing so, the commission shall he guided by the following, namely:(a) the financial principles and their application provided in sections 46, 57 and 57-a of the electricity (supply) act, 1948 and in the sixth schedule thereto;(b) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, observance of the conditions of the licence and other matters which the ..... the directions issued by the state government ipso facto and as such neither could have been treated to be a part and parcel of the tariff framed by state electricity board under section 49 of 1948 act nor could have force of law on its own but required to be considered by the concerned state electricity board while framing its tariff and only when it resolve and decide to implement such directions in ..... particular matters in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect of repeals.this clause seeks to repeal the indian electricity act, 1910 (9 of 1910), the electricity (supply) act, 1948 (54 of 1948) and the electricity regulatory commissions act, 1998 ( 14 of 1998) and save certain matters specified in that clause.the scheduleenactments(see sub-section (3) of section 185)1. ..... income tax officer : [1994]52itr524(sc) , western ..... . 1994 supp (3) scc 385; pawan .....

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Apr 23 2007 (HC)

U.P.S.R.T.C. Through the Regional Manager Vs. Smt. Pratibha Singh and ...

Court : Allahabad

Reported in : 2007(3)AWC2765

..... delhi municipal corporation : air1986sc1191 , we find that the same would be enhanced @ 12% per annum from the date of application of compensation till the date of the payment in the place and instead of 6% per annum. ..... the application for compensation under act, 1939 is to be made under section 110a of the act, wherein certain options are to be given under section 110aa of the act, however, the award of the tribunal is to be given under section 11ob of the act. ..... susamma thomas 1994 (1) tac 323, where it has been said that future prospect of the deceased is also to be taken into account in respect of compensation. ..... we have to go by the old act in the present case. ..... this appeal arising out of an award of compensation granted by the motor accident claims tribunal under section 110d of the motor vehicles act, 1939 (hereinafter referred to as the act, 1939). ..... , motor vehicles act, 1988, where a formula has been adopted under the schedule of the relevant section being 163a of the said act. ..... , motor vehicles act, 1939. ..... the claim amount which has been fixed is correct in accordance with old act i.e. ..... such judgment is also delivered under the old act. ..... the method of compensation is to be adopted in accordance with said sections unlike the new act, i.e. .....

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