Court : Allahabad
Decided on : May-23-2003
Reported in : (2004)188CTR(All)205
..... appreciated that the appeal of the department, which was being considered by the tribunal, was confined only to the questions relating to exemption under section 10(20) and section 11 of the act there was no issue or question relating to left over unadjudicated grounds regarding merits of computation of income no question or issue arose, or could ..... 226 of the constitution of india '26. admittedly, the petitioners have filed recently excise reference application no 13 of 2002 on 16th may, 2002, under section 35h of the act, hence they are pursuing a parallel proceeding in respect of the same subject-matter arising out of the same order of the tribunal in view of ..... order, the appeal of the petitioner was allowed by the cit(a) on the ground that the petitioner is entitled for exemption under section 11(1)(a) and section 10(20) of the act the appellate authority while allowing the appeal on the aforesaid ground did not consider nor adjudicated upon the other grounds relating to additions and .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-2003
Reported in : 2003(1)AWC536
..... discharged from base hospital, delhi cantt, you remained absent from 26th october, 1996 to 1st december, 1996. for this you were tried by your commanding officer under army act section 39(a) and awarded punishment of 'severe reprimand' and '14 days pay fine' which is one of the minimum punishments awarded to an n.c.o. however, ..... give respondents any such power to automatically treat his promotion to the substantive rank of havaldar to have been relinquished on the award of punishment under section 39(a) of the act.10. the army headquarter has been repeatedly approaching the audit authorities to award petitioner's pension of the rank of havaldar but for the reasons ..... with regard to the award of pension applicable to post of havaldar. in his written submission he stated that after award of punishment to petitioner under section 39(a) of the army act, petitioner was automatically relinquished as havaldar (h.m.t.) as per army instruction no. 84 of 1968, and that petitioner is not entitled to .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2003
Reported in : [2003(96)FLR1090]; 2009AIRSCW5490
..... year 1993.6. the objections have been decided by the deputy director of the corporation by his impugned order dated october 17, 2002 issued under section 45a of the act authorising him to determine the contribution after giving reasonable opportunity of hearing to the principal or immediate employer or the person in charge of the factory ..... manufacturing activity and the treatment and eventual discharge of the effluent and thus the process was not found to be manufacturing process as defined under section 2(k) of the factories act, 1948.9. counsel for the corporation, on the other hand, submitted and relied upon a full bench decision of punjab and haryana high court ..... is used by force of electric power to dispense petrol/diesel and thus the establishment is covered under the definition of 'factory' under sub-section (12) of section 2 of the act in which manufacturing process is carried out with the aid of power employing more than ten persons.7. counsel for the petitioner contends that the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-25-2003
Reported in : II(2004)BC163
..... there was no response from the petitioners or the sureties. the answering opposite parties were then left with no other option except to proceed further under the provisions of section 91 of the act. the assistant registrar, cooperative societies issued notice dated 24.9.2001 and, as such, the bank's dues can be recovered as arrears of land revenue. the ..... given by the bank authorities that does not bring the claim and the counter-claim within the ambit of the word 'dispute' so as to attract the provisions of section 70 of the act. it was, certainly, within the authority of the secretary of the bank to turn down the petitioners' request for enhancement of their cash credit limit, particularly on ..... in question shall be attached and sold or sold without attachment, as the case may be.19. thus, it is clear from a bare perusal of sections 91 and 92 of the act and rule 312(c) of the u.p. co-operative societies rules that an order for recovery of dues of society can be issued by the authorities .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-02-2003
Reported in : 2003(1)AWC516
..... the appeal filed by the opposite party deserves rejection,7. so far as the submission of learned counsel for the petitioner that the application under section 5 of limitation act should have been decided by the appellate authority first before proceeding on merits and the appeal was not to be entertained as it was not accompanied ..... court in the case of hari ram v. deputy director of consolidation and ors., 1989 rd 281, taking the view that after de-notification under sections 52 of the act, consolidation authorities have no jurisdiction to entertain the dispute which has been decided before issue of de-notification, has been considered and by referring other decisions ..... deputy director of consolidation are under challenge in this petition.4. learned counsel for the petitioner raised two submissions, viz., (i) after de-notification under section 52 of the act, the appeal as filed by the opposite party was not to be entertained (ii) the appeal was further not to be entertained and can be heard .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-22-2003
Reported in : (2003)185CTR(All)505; [2004]265ITR474(All)
..... 2002]257itr16(delhi) , wherein after considering large number of judgments it was held that the power of the tribunal to amend an order passed by it under section 254(2) of the act is very much limited, it is confined to rectification of a mistake apparent from the record. the tribunal has no inherent power of review, therefore, under the ..... the appeal has again been decided on merit ex parte vide judgment and order dt. 25th oct., 2002. being aggrieved appellant again filed an application under section 254(2) of the act and the said application has been dismissed vide impugned order dt. 26th feb., 2003. hence this appeal.5. shri piyush agarwal, learned counsel for the appellant ..... before the tribunal, however, the appeal was disposed of ex parte vide order dt. 29th dec., 2000, being aggrieved, appellant filed an application under section 254(2) of the act on the ground that the ex parte judgment and order of the tribunal was liable to be recalled on the ground that the appellant had not been .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-2003
Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
..... issued, the amount of fee to be paid for certificate of registration and the manner of suspension or cancellation of certificate of registration under section 12.' section 11a of the act states :--'board to regulate or prohibit issue of prospectus, of a document or advertisement soliciting money for issue of securities.--(1) without prejudice ..... for regulating entities which float such schemes. the central government decided to treat such schemes as collective investment schemes falling within the purview of section 11(2)(c) of the sebi act.section 11(2)(c) states :'(2) without prejudice to the generality of the forgoing provisions, the measures referred to therein may provide for ..... 30 days.regulation 13 places certain restrictions on the collective investment management company, and regulation 14 mentions the obligations of such a company.under section 20 of the act an appeal lies against the decision of the board.we fail to see how any of these regulations can be called retrospective.64. .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-2003
Reported in : 2003(1)AWC541
..... in paragraphs 13 and 16 of thepetition, some of the posts are single posts, e.g., general manager (project/finance), general manager (development), etc. the reservation policy under the 1994 act in applicable to the u. p. s.i.d.c. 21% reservation are for scheduled caste, 2% for scheduled tribes and 27% for other backward class. by the impugned advertisement ..... after correctly applying the reservation percentage prescribed under the u. p. public services (reservation in favour of the scheduled caste, scheduled tribe and other backward classes) act, 1994, (hereinafter referred to as the 1994 act) in accordance with hundred point roster after taking into account the reservation qua the cadre strength with regard to individual posts and only thereafter to make any .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2003
Reported in : AIR2003All375
..... a perusal of the records, it appears that the first writ application was filed by the present writ petitioners on 27th dec. 2002 during winter vacations but since the then acting chief justice was not convinced about its urgency for entertaining the same during the vacations, the same was returned back to the writ petitioners (during the course of arguments sri ..... another partner is an accused in a murder case and yet another partner has more than three criminal cases pending and is also an accused under the prevention of gangsters act. it has also been stated that not only in uttar pradesh, the partners of the firm were accused in several cases in state of madhya pradesh, where they carry on .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC252; (2004)1UPLBEC252
..... meritec india ltd. v. state of u. p. and ors., 1996 (3) awc 2.220 (noc) : 1996 flr. this court has held as under :'section 5c (1) of the act provides that subject to any rules that may be made in this behalf, a labour court shall follow such procedure as it may think fit. it is, therefore ..... the regional conciliation officer, varanasi. on conciliation proceedings having failed, the following reference was made by the state government in exercise of powers under section 4k of the u. p. industrial disputes act, 1947 :'kiya sewayojkon dwara apne shramik basudev gupta putra shri bachnu gupta kee sewayen dinank 1.6.1995 se samapt kiya jana uchit tatha/ ..... the petitioner has force.16. the contention of the respondent is that the labour court held that the employer deliberately retained the attendance register as required to maintain under section 32 read with rule 18 (1) (a) of dookan aur vanijya adhisthan adhiniyam, 1962, that the employer-petitioner has failed to establish that the workman has .....
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