Array ( [0] => ..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the ..... [1] => ..... p.w. 6) along with other witnesses.39. smt. kaushalya (p.w. 6) had also explained the absence of injury on her person. she stated that on hearing sound of explosion of bomb she awoke and came out of the room to see as to what was happening. the appellants moti lal and virendra singh saw her and chased her. she ..... died. other injured sustained injuries. appellants took out the motorcycle kept inside the house of sita ram and set it at fire. hearing shrieks of the injured and sound of explosion of bomb and gunfire udai bhan and ram bilas came to the spot and saw the occurrence. smt. manju singh (p.w. 5) came to the police station hata ..... shall be called his cross-examination. the examination of a witness, subsequent to the cross examination by the party who called him, shall be called his re-examination. section 138 of the indian evidence act says that witnesses shall be first examined in chief then (if the adverse party so desires) cross examined, then (if the party calling him so desires) re ..... [2] => ..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, ..... [3] => ..... which was received back with the endorsement of refusal. the respondent workman raised an industrial dispute which was referred by the state government under section 4k of the u. p. industrial disputes act and the same was registered as adjudication case no. 148 of 1981. both the parties filed their written statement and led their evidence. ..... decision, but the labour court, for whatever reasons, has glossed over it.7. therefore, in my opinion, the finding of the labour court that provisions of section 6n were not complied, is perverse and against overwhelming evidence on record.8. though the counsel for the petitioner has raised several otherarguments, but in view of the ..... the workman was asked to collect his compensation and notice pay later, the apex court in these circumstances held that the offer was not substantial compliance of the section. in the present case, the total amount was mentioned including the monthly pay, etc. the workman did not dispute the amount which was offered, he ..... [4] => ..... the suit was not maintainable for want of jurisdiction, inasmuch as, it was cognizable by the revenue court and not by civil court and barred by section 331 of u. p. zamindari abolition and land reforms act. munsif, jaunpur vide its order dated 5.11.1979 held that it is true that if in place of plaintiff, someone else has executed sale ..... [5] => ..... court after hearing both the parties held that the documents in question were not the bonds but these two documents were only memorandum of agreement.4. sub-section (5) of section 2 of the stamp act as applicable in the state of uttar pradesh, the bond is defined as follows :'(5) bond.-- 'bond' includes : (a) any instrument whereby a person obliges himself to ..... n.k. mehrotra, j.1. this is a revision under section 25 of the provincial small cause courts act against the judgment and order dated 22.8.1983, passed by the xth additional district judge, sitapur, dismissing the objection of the revisionists against the admissibility of the two document ..... pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be ; (b) any ..... [6] => ..... also from the khadi and village industry commission. it has nowhere been stated or shown as to how it is working under the said commission. sub-section (1) of section 2 of the act clearly states that when a schedule employment is carried on by, or under the authority of the central government, the appropriate government would be the ..... condition of the petitioner and also no opportunity was given to it prior to the issuance of the notification, thus, the action was in violation of section 27 of the act. a perusal of the notification annexed with the writ petition shows that the proposal was earlier notified and the advisory board was also consulted before fixing minimum ..... from the petitioner's centre, weave it in their home and then return the finished product to the centre but the act applies even to such employees. sub-section (1) of section 2 defines an employee. the definition in the act includes such out workers. the apex court in the case of lok nath nathu lal v. state of m. p ..... [7] => ..... interest of the society as a whole but the benefit which is given initially if continued results in increasing injustice to one section of the society and an unwarranted largess or windfall to another, without appropriate corresponding relief, then the continuation of such a law ..... : '26. it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger ..... khan, j. 1. this writ petition has been filed by tenant which arises out of release proceedings under section 21 of u.p. act no. 13 of 1972. release application filed by landlady/respondent no. 3 numbered as p.a. case ..... like the rent control act is concerned, the law must strike a balance between rival interests and it should try to be just to all. the law ought not to be unjust to one and give a disproportionate benefit or protection to another section of the society. ..... [8] => ..... petitioner detenu nirmal pandey has impugned the order dated 03-08-2002 passed by the first respondent mr. alok kumar, district magistrate, faizabad, detaining him under section 3(2) of the national security act.the detention order, along with the grounds of detention, which are also dated 03-08-2002, was served on the petitioner-detenu on 03-08-2002 itself ..... jamanat ho jaye...............' translated in english the said words would mean at this time the petitioner-detenu was in district jail, faizabad in c. r. no. 263 of 2002 under section 147, 148, 149, 307, 302, 504 i.p.c.; he was making efforts to come out from jail; had preferred an application for bail in court; and was trying ..... detention (annexure-2). a perusal of the annexure-2 shows that the impugned order is founded on a solitary c. r. namely c. r. no, 263 of 2002 under sections 147, 148, 149, 307, 302, 504 i.p.c. of police station pura kalandar, district faizabad, registered on the basis of a complaint dated 18-06-2002 lodged by ..... [9] => ..... is alleged that the rules framed by the excise commissioner conferring power upon himself to sanction new shops to be opened is without jurisdiction and in violation of section 40 of the act. 9. the respondents have filed a counter-affidavit and we have perused the same. in paragraph 3 of the same it is stated that a bare ..... compounded. the petitioner was manipulating the records and his sale was much higher than the minimum guaranteed quantity. 11. it is stated that as per section 24b of the u.p. excise act and several decisions of the supreme court the petitioner has no fundamental right to trade in intoxicants and the state government has exclusive right or privilege ..... and unjustified vide annexure-4 to the writ petition. against the order of the excise commissioner dated 23.6.2003 rameshwar dayal filed representation under section 11 of the u.p. excise act before the state government which is pending but no stay order has been passed. 7. in paragraph 23 of the writ petition it is alleged ..... ) Explosives Act 1884 Section 4 Definitions - Court Allahabad - Year 2003 - Page 8 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: allahabad Year: 2003 Page 8 of about 233 results (0.043 seconds)

Apr 04 2003 (HC)

Kamlesh Rai Vs. Presiding Officer, Labour Court and ors.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307

..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the .....

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Jul 14 2003 (HC)

Moti Lan and ors. Vs. State of U.P.

Court : Allahabad

Decided on : Jul-14-2003

Reported in : 2004CriLJ950

..... p.w. 6) along with other witnesses.39. smt. kaushalya (p.w. 6) had also explained the absence of injury on her person. she stated that on hearing sound of explosion of bomb she awoke and came out of the room to see as to what was happening. the appellants moti lal and virendra singh saw her and chased her. she ..... died. other injured sustained injuries. appellants took out the motorcycle kept inside the house of sita ram and set it at fire. hearing shrieks of the injured and sound of explosion of bomb and gunfire udai bhan and ram bilas came to the spot and saw the occurrence. smt. manju singh (p.w. 5) came to the police station hata ..... shall be called his cross-examination. the examination of a witness, subsequent to the cross examination by the party who called him, shall be called his re-examination. section 138 of the indian evidence act says that witnesses shall be first examined in chief then (if the adverse party so desires) cross examined, then (if the party calling him so desires) re .....

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Apr 09 2003 (HC)

U.P. State Road Transport Corporation Vs. Smt. Madhu Sharma and ors.

Court : Allahabad

Decided on : Apr-09-2003

Reported in : III(2003)ACC717; 2003(4)AWC2620

..... was the provision under section 166 of the motor vehicles act. in the absence of section 163a of the act and the schedule ii, which contains only the guidelines, the motor accident claims tribunal proceeded with the claim petition treating the same ..... as a senior teacher in kendriya vidyalaya, air force, station hindon, ghaziabad.4. it may be noticed that the death had occurred in the accident caused by the explosion of bomb in the bus. the tribunal drew ample support for its conclusion from the observations made in the case of samir chand v. m. d., assam state ..... 4.1996. the claim petition, however, had been filed in the year 2000. during the pendency of the claim petition, the amendment became effective and section 163a of the motor vehicles act itself was deleted. the effect was that by the date of the judgment/award, the only provision under which the claim petition could be continued, .....

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Aug 01 2003 (HC)

National thermal Power Corporation Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Aug-01-2003

Reported in : 2003(4)AWC3287; (2003)3UPLBEC2500

..... which was received back with the endorsement of refusal. the respondent workman raised an industrial dispute which was referred by the state government under section 4k of the u. p. industrial disputes act and the same was registered as adjudication case no. 148 of 1981. both the parties filed their written statement and led their evidence. ..... decision, but the labour court, for whatever reasons, has glossed over it.7. therefore, in my opinion, the finding of the labour court that provisions of section 6n were not complied, is perverse and against overwhelming evidence on record.8. though the counsel for the petitioner has raised several otherarguments, but in view of the ..... the workman was asked to collect his compensation and notice pay later, the apex court in these circumstances held that the offer was not substantial compliance of the section. in the present case, the total amount was mentioned including the monthly pay, etc. the workman did not dispute the amount which was offered, he .....

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May 22 2003 (HC)

Babu Nandan (D.) Through L.Rs. Vs. Smt. Esraji

Court : Allahabad

Decided on : May-22-2003

Reported in : 2003(4)AWC2972

..... the suit was not maintainable for want of jurisdiction, inasmuch as, it was cognizable by the revenue court and not by civil court and barred by section 331 of u. p. zamindari abolition and land reforms act. munsif, jaunpur vide its order dated 5.11.1979 held that it is true that if in place of plaintiff, someone else has executed sale .....

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Apr 04 2003 (HC)

Faqeer Bux and ors. Vs. Smt. Asmat Ara Begum and anr.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : 2003(4)AWC3321

..... court after hearing both the parties held that the documents in question were not the bonds but these two documents were only memorandum of agreement.4. sub-section (5) of section 2 of the stamp act as applicable in the state of uttar pradesh, the bond is defined as follows :'(5) bond.-- 'bond' includes : (a) any instrument whereby a person obliges himself to ..... n.k. mehrotra, j.1. this is a revision under section 25 of the provincial small cause courts act against the judgment and order dated 22.8.1983, passed by the xth additional district judge, sitapur, dismissing the objection of the revisionists against the admissibility of the two document ..... pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be ; (b) any .....

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Jul 21 2003 (HC)

Swaraj Ashram Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jul-21-2003

Reported in : 2003(4)AWC2849; (2004)ILLJ80All

..... also from the khadi and village industry commission. it has nowhere been stated or shown as to how it is working under the said commission. sub-section (1) of section 2 of the act clearly states that when a schedule employment is carried on by, or under the authority of the central government, the appropriate government would be the ..... condition of the petitioner and also no opportunity was given to it prior to the issuance of the notification, thus, the action was in violation of section 27 of the act. a perusal of the notification annexed with the writ petition shows that the proposal was earlier notified and the advisory board was also consulted before fixing minimum ..... from the petitioner's centre, weave it in their home and then return the finished product to the centre but the act applies even to such employees. sub-section (1) of section 2 defines an employee. the definition in the act includes such out workers. the apex court in the case of lok nath nathu lal v. state of m. p .....

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Sep 10 2003 (HC)

Bal Kishan Vs. Ivth A.D.J. and ors.

Court : Allahabad

Decided on : Sep-10-2003

Reported in : 2003(4)AWC3183

..... interest of the society as a whole but the benefit which is given initially if continued results in increasing injustice to one section of the society and an unwarranted largess or windfall to another, without appropriate corresponding relief, then the continuation of such a law ..... : '26. it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger ..... khan, j. 1. this writ petition has been filed by tenant which arises out of release proceedings under section 21 of u.p. act no. 13 of 1972. release application filed by landlady/respondent no. 3 numbered as p.a. case ..... like the rent control act is concerned, the law must strike a balance between rival interests and it should try to be just to all. the law ought not to be unjust to one and give a disproportionate benefit or protection to another section of the society. .....

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Jul 02 2003 (HC)

Nirmal Pandey Vs. District Magistrate and ors.

Court : Allahabad

Decided on : Jul-02-2003

Reported in : 2004CriLJ1548

..... petitioner detenu nirmal pandey has impugned the order dated 03-08-2002 passed by the first respondent mr. alok kumar, district magistrate, faizabad, detaining him under section 3(2) of the national security act.the detention order, along with the grounds of detention, which are also dated 03-08-2002, was served on the petitioner-detenu on 03-08-2002 itself ..... jamanat ho jaye...............' translated in english the said words would mean at this time the petitioner-detenu was in district jail, faizabad in c. r. no. 263 of 2002 under section 147, 148, 149, 307, 302, 504 i.p.c.; he was making efforts to come out from jail; had preferred an application for bail in court; and was trying ..... detention (annexure-2). a perusal of the annexure-2 shows that the impugned order is founded on a solitary c. r. namely c. r. no, 263 of 2002 under sections 147, 148, 149, 307, 302, 504 i.p.c. of police station pura kalandar, district faizabad, registered on the basis of a complaint dated 18-06-2002 lodged by .....

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Sep 04 2003 (HC)

Krishna Kumar Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Sep-04-2003

Reported in : 2003(4)AWC3187

..... is alleged that the rules framed by the excise commissioner conferring power upon himself to sanction new shops to be opened is without jurisdiction and in violation of section 40 of the act. 9. the respondents have filed a counter-affidavit and we have perused the same. in paragraph 3 of the same it is stated that a bare ..... compounded. the petitioner was manipulating the records and his sale was much higher than the minimum guaranteed quantity. 11. it is stated that as per section 24b of the u.p. excise act and several decisions of the supreme court the petitioner has no fundamental right to trade in intoxicants and the state government has exclusive right or privilege ..... and unjustified vide annexure-4 to the writ petition. against the order of the excise commissioner dated 23.6.2003 rameshwar dayal filed representation under section 11 of the u.p. excise act before the state government which is pending but no stay order has been passed. 7. in paragraph 23 of the writ petition it is alleged .....

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