Court : Allahabad
Decided on : Apr-10-2003
Reported in : 2003(3)AWC2468
..... matter to the arbitration wherever the element of settlement is there. there is no difficulty even for getting any interim relief under the provisions of sections 8 and 9 of the arbitration act, 1996. disputed question remains as to whether there is an arbitration clause in the agreement or not. petitioner has not furnished a copy of the ..... court held that a party can approach the civil court even prior to commencement of the arbitration proceedings under section 21 of the act. there has been a complete departure in this respect if compared with the provisions contained in arbitration act, 1940. in large number of cases it was found very difficult to serve the respondent, therefore, the ..... of law whether for or against either party.'31. in view of the provisions of sections 8 and 9 of the arbitration and conciliation act, 1996, the arbitrator has a power to grant interim relief. more so, in view of the provisions of section 9, c.p.c. the civil court can grant interim relief at the initial .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2003
Reported in : 2003(2)AWC857; (2003)2UPLBEC1035
..... every order passed by the tribunal. the petitioner has a remedy to challenge the final orders by filing a revision before the district judge under sub-section (6) of section 12c of u. p. panchayat raj act, 1947.15. for the aforesaid reasons, i do not find any merit in the challenge to the impugned order. the writ petition is accordingly, dismissed with ..... has been deposited with zila panchayat raj adhikari and is available as security to abide by the result of the election petition is sufficient compliance with the provisions of the act, there is nothing to show on record that the amount was either deposited under wrong head or that it could not be made available to the court as security to .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-25-2003
Reported in : 2003(3)AWC2133
..... if in its opinion the application would be disposed of more justly or conveniently by any other district court having jurisdiction.'11. the provisions contained in section 9(1) of the act mandates that if the application is with respect to the guardianship of the person of the minor, it shall be made to the district court having ..... jurisdiction in the place where the minor ordinarily resides. however, the provisions contained in section 9(2) of the act cover a situation where the applicant seeking guardianship of the property of the minor has been given a choice providing that the application may be made either ..... and the court must be satisfied about it before passing of the order.19. it has been urged that the expression 'ordinarily resides' as used in section 9(1) of the act signifies dwelling in a place for some continuous time. 'ordinarily resides' therefore, has to be some thing more than a temporary residence. even though the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-24-2003
Reported in : 2003(3)AWC2508
..... regard to relevant considerations, certiorari may be issued to quash the order. 9. applying the aforesaid principles of law, laid down by this court, read with section 15(4) of the act and rule 22 of the rules. i find that the impugned orders are not based only upon distance factor. the fact that the cane centres are nearer ..... ltd. v. state of u.p. and ors. (supra) and triveni engineering industries ltd. v. state of u.p. and ors. (supra) ; this court held that the act and rules show in unmistakable terms that the order for assignment or reservation of an area has to be passed after taking into consideration various factors and it cannot be ..... 25.1.2003 passed by special secretary, sugar industries, anubhag-iii, annexe bhawan, lucknow by which the state government has, in exercise of appellate powers under section 15 (4) of u.p. sugarcane (regulation of supply and purchase) act, 1953 read with rule 23 of the u.p. sugarcane (regulation of supply and purchase) rules, 1954 (in short the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-26-2003
Reported in : [2004]51SCL272(All)
..... broadly speaking, two options are open to the financial corporation if an industrial concern has defaulted in repayment of the loan. it may proceed under section 29 or section 31 of the act which will invariably result in closure of the unit, or it may reschedule the loan or enter into a settlement on some favourable terms to the ..... entrepreneurs in setting up industries in that area. it may be carrying on a business which is of public utility and its closure may adversely affect a large cross section of people. in these types of cases, the financial corporation, having regard to the public interest involved, may, in its discretion, enter into a settlement so that ..... 3-2003, annexure 2 to the writ petition.2. heard learned counsel for the parties.3. the petitioner is a private limited company registered under the indian companies act and is having its factory at sikandra industrial area, agra. the petitioner took a loan from the respondent bank whose sanctioned limit is rs. 27 lacs as stated .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-16-2003
Reported in : 2004CriLJ1529
..... and thereafter ran away. he replied in affirmative and stated that he could give no reason why the investigating officer had not recorded these facts in his statement under section 161, cr. p.c. it is pertinent to mention that the investigating officer, in his cross-examination, admitted that suresh chandra had not told the said ..... replied that he had told the said facts to the investigating officer and could give no reason why the investigating officer had not recorded them in his statement under section 161, cr. p.c. it is pertinent to mention that during cross examination, investigating officer admitted that madan lal had not mentioned to him these facts. ..... for the parties and perused :-- the depositions of the prosecution witnesses; the material exhibits tendered and proved by the prosecution, the statement of the appellant recorded under section 313, cr.p.c. and the impugned judgment and make no bones in observing that this appeal merits to be allowed and the reference made by the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-29-2003
Reported in : (2003)185CTR(All)1; [2004]265ITR224(All)
..... , was substituted by the income-tax (22nd amendment) rules, 2001 issued by the cbdt. the petitioner is also challenging the validity of section 17(2)(vi) of the it act, 1961, as inserted by the finance act, 2001 on the ground that it has delegated essential legislative powers and that it is violative of articles 19(1) and 246 of the ..... of officers of airport authority of india.3. before dealing with the controversy in this case, we may refer to section 17(2)(vi) of the it act which states that for the purposes of sections 15 and 16 and of that section perquisite includes 'value of any other fringe benefit or amenity as may be prescribed'. the expression the 'value of ..... considered as an income saved. in that event it could undoubtedly be treated as 'fringe benefit' or 'amenity' given to the employee.11. in view of section 17(2)(vi) which has been introduced by finance act, 2001, the earlier decision in the case of v.m. salgaocar & bros. (p) ltd v. cit : [2000]243itr383(sc) is not applicable .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235
..... permissible in law to remove him without complying with the requirement of law, as required under the facts and circumstances of a particular case. sub-section (2a) of section 48 of the act, 1916 provides for a procedure of removal stipulating that after considering any explanation that may be offered by the president and making such enquiry as ..... made by them, we do not consider it proper to issue any direction to the respondent no. 1 to hold enquiry against the respondent no. 2 under section 48 of the act, 1916. however, the authorities, which are dealing with the grievances of the petitioners, must conclude the enquiry expeditiously in accordance with law.51. with these ..... officebearers sought to be removed.10. in state of u. p. and anr. v. nand kumar agrawal : jt2000(7)sc302 , while considering the provisions of section 48 of the act 1916, the hon'ble supreme court held that personal hearing is not contemplated in the said provision, though of course, if the authorities think it fit, they .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-07-2003
Reported in : 2003(2)AWC849; (2003)2UPLBEC1384
..... (supra) and ramji pandey (supra) considered the allegation with regard to improper acceptance and rejection of votes and in the context of the section 83(1) of the representation of people act, it was held that the allegations must disclose serial number of ballot papers, names of the counting agents, number of counting tables, names ..... order dated 26.11.2002 passed by election tribunal/additional sub-divisional officer, amroha in pending election petition no. 34/28 of 2000 under section 12c of the u. p. panchayat raj act, 1947 challenging the election of petitioner smt. bhoori as pradhan of village hatauwa, post diduall, block-joya, district jyotiba phulenagar by which he ..... 1985 uplbec 317 that law with regard to recount of votes as regards to the elections under section 12c of the act, is the same as in the case applicable in an election petition filed under section 80 of the representation of people act, 1951, and the conduct of election rules, 1961. in the present case, the pleadings .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-30-2003
Reported in : 2004(1)AWC280; [2004]53SCL119(All)
..... importantly on their moral statute. in carrying out the activities in a stock exchange the members thereof should be men of valour, prudence, level-headed and act with wisdom even in the most adverse circumstances. they must also be men of good financial stability, considerable experience, capable of assessing the market psychology etc ..... of internal regulation at all. dealing with the work or duty of the stock exchange and its nature/status, the court observed as under :'under the act, stock exchange means any body of individuals, whether incorporated or not, constituted for the purpose of assisting or controlling the business of buying, selling or ..... compelling circumstances to protect the innocent depositors or shareholders from fraud, etc., by the members of the association. if the society registered under the cooperative societies act, 1965, is superseded by the registrar of the societies, and the administrator is appointed, that itself would not make the society amenable to the writ .....
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