Court : Allahabad
Decided on : Jul-14-2003
Reported in : (2003)3UPLBEC2266
..... employee is wholly misconceived and is not binding on the workman concerned.5. learned counsel for the workman relied upon the provisions of section 2 (t) of the u.p. industrial disputes act which reads as under;'settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer ..... the 'settlement', the employer have miserably failed to demonstrate that there was any settlement which was communicated to the workman. for this purpose provisions of section 6-b (4) of the u.p. industrial disputes act, 1947 has also been relied upon which provides as under:'6-b. (4) where a settlement under sub ..... -section (1) has been refused registration, it shall not be binding under this act.'7. the industrial tribunal, thus, recorded a finding that the alleged settlement has no local sanctity. the learned representative submitted that the employer have .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : [2004]136STC161(All)
..... commercial commodity known in a market world as a coloured paint. therefore, the process for producing the coloured paint amounts to manufacture as defined under section 2(e-1) of the act.12. it may also be useful to refer a few decision of the apex court on the point.13. in the case of b.p. ..... base material, which was semi-manufactured furnished goods and was not white paint and hence the process of tinting and mixing was manufacture as defined under section 2(e-1) of the act.6. being aggrieved by the assessment order, applicant filed appeal before the deputy commissioner (appeals), trade tax. deputy commissioner (appeals) remanded back the ..... of colour a coloured paint was manufactured which was different commercial commodity and hence the process of mixing/tinting/staining amounts to manufacture as defined under section 2(e-1) of the act. for coming to the aforesaid conclusion, the assessing authority referred the following facts :(i) on july 27, 2001 dealer in its statement stated that .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-07-2003
Reported in : (2003)3UPLBEC2407
..... of name of a workman from muster-roll amounts to retrenchment. the word 'retrenchment' has been defined both in central and u.p. act. section 2(oo) of the industrial disputes act is extracted below:-'retrenchment means the termination by the employee of the service of a workman for any reason whatsoever, otherwise than as a punishment ..... in uptron india ltd. (supra) which was a decision from this court, the apex court held that the latter part of clause (bb) of section 2(oo) of the industrial disputes act, namely, termination in pursuance of a stipulation to that effect in the contract was confined to fixed term employment referred in earlier part. therefore, in ..... behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health.'7. the definition in section 2(s) of the u.p. industrial disputes act, 1947 is extracted below:-''retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-12-2003
Reported in : 2005(1)ARC597; 2005(2)AWC1574
..... date of death of the said jag mohan, his sons ram nath was the 'heir' in view of the law of intestate succession as contained in the hindu succession act, 1956, particularly section 8 thereof and the schedule thereto. during the life time of the said ram nath, the petitioners herein, who are the sons of the said ram nath, could not ..... of the deceased, will have a right to succeed the tenancy rights in preference to brother's son.'37. the decision in asha vaish case (supra) shows that section 3(a) of the act contemplates only natural heirs. heirs will be determined according to personal law applicable to a party. in asha vaish case (supra), as the parties were hindu, it was ..... would be deemed in his own right on the death of the testator.20. this gives rise to the question about the scope of the word 'heirs' used in section 3 of up. act no. 13 of 1972. counsel contended that the word 'heirs', would include testamentary heirs as well. the word 'heir' has several meanings. in some of the case .....
Tag this Judgment!Court : Allahabad
Decided on : May-29-2003
Reported in : (2003)3UPLBEC2293
..... suspension'.18. this court at this stage, is not supposed to adjudicate upon the correctness of the charges. it is the duty of the state government under section 57 of the act. otherwise also, controversy regarding correctness of charges in the 'show cause notice' is beyond the scope of the present petition since it is confined to the ..... case is 'whether the impugned order of suspension of the management of the college/annexure-1 to the writ petition is in consonance with the provisions of section 58 (2) of the act. to be precise, in other words, this court is to decide whether 'reasons' have been recorded so as to warrant immediate action, excepting requirement of ..... petitioner also complains that he was not served with the order/notice no. 1838/sattar-2-2003-3(20)/2002, dated may 23, 2003 under section 57, u.p. state universities act, 1973, (called the act). copy of said order, has been, however, brought on record as annexure-2 to the affidavit (sworn by aforementioned dr. nand lal shukla) .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-29-2003
Reported in : [2004]137STC587(All)
..... of boulders into 'gitti' did not amount to 'manufacture'. it is this view of the high court that is assailed in this appeal by the revenue.4. section 2(17) of the act defines the term 'manufacture' and it reads thus : ' 'manufacture' with all its grammatical variations and cognate expressions means producing, making, extracting, alternating, ornamenting, finishing ..... held that crushing of big size stone boulders into a small size, known as gitti does not amount to manufacturing within the definition of section 2(17) of the bombay sales tax act. the apex court held as follows:'the contention of the assessee that converting boulders into 'gitti' does not involve any manufacturing process within ..... of further sale may remain commercially the same goods and could not be taxed again. honourable supreme court has considered the definition of section 2(e-1) of the u.p. sales tax act. honourable supreme court held as follows:'the purpose of sales tax is to levy tax on sale of goods of each variety .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-03-2003
Reported in : [2006]146STC108(All)
..... also been annexed. on the basis of the aforesaid material, it has been argued that the initiation of proceeding under section 21 of the act was justified. relevant part of section 21 of the act is as follows:section 21. assessment of tax on the turnover not assessed during the year.--(1) if the assessing authority has reason to believe ..... turnover has escaped assessment.9. in the case of commissioner of sales tax v. tata engineering & locomotive co. reported in 1980 uptc 588, a notice under section 21 of the act was issued on march 25, 1976. learned standing counsel relied upon letter dated march 27, 1976 which referred to the telephonic talks and mentions 'kuch din ..... applying mind came to the conclusion that the turnover of the assessee has escaped assessment'. the court further held that it is settled that proceedings under section 21 of the act could be reopened on material on record. in the absence of any material or anything to show that the information was conveyed between 19th march .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-10-2003
Reported in : (2008)11VST742(All)
..... said notification reads as follows:in exercise of the powers under clause (b) of section 4 of the uttar pradesh sales tax act, 1948 (u.p. act no. xv of 1948), read with section 21 of the uttar pradesh general clauses act, 1904 (u.p. act no. 1 of 1904), and in supersession of all previous notifications issued under the aforesaid ..... order-79 dated june 30, 1979.in exercise of the powers under clause (b) of section 4 of the u.p. sales tax act, 1948 (u.p. act no. xv of 1948), read with section 21 of the u.p. general clauses act, 1904 (u.p. act no. 1 of 1904), the governor is pleased,-(1) to rescind, with effect from ..... sale or purchase of the goods mentioned in column 2 of the schedule hereunder by the persons or the class of persons mentioned therein, from tax under the said act of 1948, subject to the conditions, if any, specified in column 3 thereof. schedule---------------------------------------------------------------------------------1. ...2. ...3. institutions in u.p. certified by theall .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-10-2003
Reported in : (2003)2UPLBEC1072
..... is that extrajudicial confession is not simply a weak type of evidence, but is also not an independent piece of evidence in consonance with provisions of section 3 of the evidence act. for consideration by the courts it is required to inculpatory also. an exculpatory confession is not to be taken into consideration, unless some independent ..... confessional statement of one accused is concerned, it may be taken into consideration against the other accused, if it fulfills the conditions laid down in section 30 of the evidence act. one of the conditions is that the confession must implicate the maker substantially to the same extent as the other accused person against whom, ..... discharge from service which was allowed prior to the said incident and as a consequence thereof, the petitioner was discharged by the officer commanding under section 22 of the army act. it is submitted that in view of this, the petitioner was not in active service and the general court martial has no jurisdiction to .....
Tag this Judgment!Court : Allahabad
Decided on : May-29-2003
Reported in : (2003)3UPLBEC2197
..... from one institution to another, may be made in accordance with the regulations made under clause (c) of sub-section (2) of section 16-g of the intermediate education act, 1921.'6. it has been provided by section 3 of the u.p. act no. 8 of 1991 that the above provision shall be deemed always to have been inserted. it has also been ..... possible for a vacancy to the post of principal, headmaster or teacher of the categories mentioned in the schedule to the said act to be filed by transfer under section 16-g(2)(c) of the u.p. intermediate education act, 1921 and the regulations made thereunder. so far as rana's case (supra) is concerned, it was decided in the year ..... transfer from one institution to another made in pursuance of regulation made under clause (c) of sub-section (2) of section 16-g of the intermediate education act, 1921, on or after july 14, 1981 and before the commencement of this act, i.e., u.p. act no. 8 of 1991, shall be and deemed always to have been, valid and lawful as if .....
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