Court : Allahabad
Decided on : Mar-01-2006
Reported in : 2006CriLJ2243
..... has challenged the detention order dated 31.8.2005, passed by respondent no. 2, district magistrate, gautam budh nagar, under section 3(2) of the national security act 1980 and his continued detention thereunder. 2. the grounds of detention are contained in annexure-2 to the writ petition. ..... was allegedly engaged with his associates in cutting electricity wire at about 11 p.m. a case crime no. 36 of 2005 under section 379/411 i.p.c., p.s. bisrakh, district gautam budh nagar was registered against him. he was allegedly found to be ..... of 2005, under section 379 i.p.c., 34 of 2005, under section 379 i.p.c., 36 of 2005, under section 379/411 i.p.c., 57 of 2005, under section 2/3 gangsters act, 67 of 2005, under section 379/411 i.p.c., 189 of 2005, under section 379 i.p ..... .c. and 213 of 2005, under section 379 i .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-03-2006
Reported in : 2006(4)AWC3719
..... principles of natural justice as also according to the procedure under order xix, civil procedure code and the evidence act both of which incorporate these general principles. even if all technicalities of the evidence act are not strictly acceptable except in so far as section 11 of the industrial disputes act, 1947 and the rules prescribed therein permit it, it is inconceivable that the tribunal can ..... according to the procedure under order xix civil procedure code and the evidence act, both of which incorporates these general principles, even if all technicalities of evidence act are not strictly acceptable except in so far as section 11 of industrial disputes act and rules prescribed therein permit it, it is inconceivable that tribunal can act on what is not evidence and documents which are produced are .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2006
Reported in : 2006(4)AWC3210
R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner Dhukhan Prasad Singh, seeks the following reliefs:(a) issue a Writ, Order or Direction in the nature of Certiorari quashing the Judgment and Order dated 23.7.2004 passed by the Respondent No. 5(Annexure No. 10) and also the order dated 1.5.2003 (Annexure No. 3) passed by the Respondent No. 2.(b) issue a Writ, Order or Direction in the nature of Mandamus commanding the Respondent No. 2 to release the full pension of the petitioner along with the arrears and also release all the retiral benefits including gratuity.(c) issue any other or further Writ, Order or Direction, which the Court may deem fit and proper in favour of the petitioner.(d) award the cost of the petition.2. Briefly stated the facts giving rise to the present petition are as follows:According to the petitioner, he was appointed on 6th July, 1959 in the Railway Mail Service on the post of Mail Man in Gay...
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(4)AWC3374
..... the last 12 to 15 years. the petitioner filed suit no. 1162 of 1998 in the court of additional district magistrate under section 229b and 209 of the u.p. zamindari abolition and land reforms act (hereinafter referred to as the act).3. notices were issued and the concerned opposite party no. 4 entered into compromise and as such the suit was decided .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-2006
Reported in : 2006(4)AWC3368
..... a dispute was raised by one ahmad husain claiming himself to be the president and mahfoozul rahman as secretary/manager. the matter was again referred under section 25 of the societies registration act to the prescribed authority by the assistant registrar. the reference was dismissed in default vide order dated 12.9.2002. a restoration application was filed ..... . 5.4. it appears that the deputy registrar, firms. chits and societies vide order dated 25.4.1995 referred the matter for adjudication under section 25 of the societies registration act. the reference order dated 25.4.1995 was challenged by the petitioners in writ petition no. 13455 of 1995 wherein vide order dated 23.5. ..... order was stayed to the extent that fazlur rahman who raised the dispute with regard to his election as the secretary/manager of the society was permitted to act as manauer. the writ petition was allowed vide order dated 1.8.1995. the reference made by the deputy registrar was decided by the prescribed authority sub .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-2006
Reported in : 2006(3)AWC2909
..... service must be under government.second- the employment must be substantive and permanent.third- the service must be paid by government.these three conditions are fully explained in the following section.15. there are four kind of pension, which have been defined in regulation 424. the superannuation pension is granted to an officer in superior or inferior service entitled or compelled ..... the claim on the ground that the employment of the petitioner was not on substantive character. it is further stated that after amendment of fundamental rules, 1956, by u.p. act no. 24 of 1975 which allows retirement of a temporary employee also and provides in clause (e) that a retiring pension is payable and other retrial benefits shall be available .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2006
Reported in : 2006(3)AWC2341
..... the interim order, the opposite parties neither allowed the applicant to join his duties nor paid his salary. consequently, the applicant filed the present contempt application under section 12 of the contempt of courts act alleging willful disobedience by the opposite parties in not complying with the interim order passed by the court in the writ petition. notices were issued and, the ..... termination order. despite the interim order if work is not taken or even salary is not paid discriminating such person from the other employees who are paid salary, the negative act would be in derogation of the orders passed by the court which not being treated with respect or having binding effect. the inaction and even non-payment of salary in .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-26-2006
Reported in : (2009)20VST196(All)
..... indian made foreign liquor from the distillery to various government bonded warehouses. question for consideration was whether the transportation charges was liable to tax under section 3-f of the act. the contention of the petitioner was that the transportation charges were paid for service under the agreement and there was no transfer of right ..... the appeals in part. tribunal has reduced the turnover but upheld the orders of the assessing authority levying the tax of the hire charges under section 3-f of the act.3. heard learned counsel for the parties.4. learned counsel for the applicant submitted that the buses were provided to iffco, bpcl and gec, ..... were provided and hire charges were received as per contract. assessing authority levied the tax on the hire charges received from the aforesaid companies under section 3-f of the act towards transfer of right to use the buses. orders of the assessing authority have been continued in first appeals. applicant filed second appeals before the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-20-2006
Reported in : II(2007)ACC853; 2008ACJ1133; 2006(2)AWC1855
..... be ascertained. the minimum compensation may be paid every month to the dependants according to their share for the period to which they are entitled.8. section 140 of the act provides for liability without fault in certain cases. as per the said provision, in case of death or permanent disability of any person as a result ..... to be recovered from the owners of the vehicle, the procedure would be more cumbersome. while considering the provisions of section 96 of the motor vehicles act, 1939 (hereinafter called the old act) which was analogous to section 149 of the act, the hon'ble supreme court in sohan lal passi v. p. sesh reddy and ors. : air1996sc2627 held that ..... smt bhanu tiwari, the respondent nos. 1 and 2, filed claim petition no. 43 of 1999 before the tribunal under the provisions of sections 140/166 of motor vehicles act, 1988 (hereinafter called the act), claiming a sum of rs. 3,25,000.00 as compensation. the insurance company as well as the present appellant-insurer contested the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-06-2006
Reported in : 2006CriLJ1428; I(2006)DMC729
..... same have also been brought on record. anyhow, they managed the fare and returned to allahabad. the surrounding circumstances compelled smt. garima srivastava to file an application under section 24 of hindu marriage act for divorce.5. considering the facts and circumstances, the gravity of the allegations made in the f.i.r. and in absence of any convincing ground pointed out ..... prayer sought in the present writ petition is for quashing the impugned f.i.r. registered as case crime no. 1 of 2006 under sections 498a, 323, 504, 506 ipc and section3/4 of dowry prohibition act pertaining to police station mahila thana, district allahabad or other relief as appear expedient in the interest of justice under the facts and circumstances of .....
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