Court : Allahabad
Decided on : Aug-29-2006
Reported in : 2007(2)AWC1539
..... status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done of the restoration of that which was wrongfully taken from the party complaining. but since the granting of such an injunction to a party who .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-23-2006
Reported in : [2007(112)FLR372]
..... decision in the controversy involved in the instant writ petition, are quoted below:1. sri vikram singh and 7 others have come up through this oa under section 19 of the a.t.act, 1985 seeking relief to the effect that the respondents be directed to give continuous engagement to the applicants as seasonal anti malaria lascar as per their scheme and ..... of the opinion that the petitioners have not been able to establish that the indian air force is an 'industry' within the meaning of provisions contained in the industrial disputes act. applying the ratio laid down in bangalore water supply and sewerage board v. a. rajappa and ors. : (1978)illj349sc and catena of recent decisions of hon'ble the apex court .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-26-2006
Reported in : 2007CriLJ1366
..... to be made. in response to this information the petitioners exercised their right also of making representation. there is nothing either in article 22(5) or section 8 of the act or in the judgment of hon'ble supreme court cited that this right to be exercised ought to have been informed in any particular form. once the ..... provisions any form is prescribed about the communication of this right to the petitioner. on perusal of detention order we find that the detaining authority referring section 8 of the act informed the petitioners that they could make representation against the detention order to the state government as well as the central government. it is also mentioned ..... dated 24-11-2005 slapped against them by district magistrate, lakhimpur-opposite party no. 3 under section 3(3) of national security act (hereafter referred to as 'act'), be quashed.3. factual matrix impelling opposite party no. 3 to take action under the act, in brief, is as follows:on 3-9-2005 at about 10.00 a.m., the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-04-2006
Reported in : (2007)207CTR(All)125; [2008]304ITR413(All)
..... definition of the 'gross maintainable rent' under rule 1bb is in terms which are identical with the terms of the definition of annual value as under section 23(1) of the it act, the decision of the supreme court will become applicable for deciding the question of 'gross maintainable rent' as well.14. the departmental representative had relied ..... if the landlord and the tenant agree on rent higher than the 'annual reasonable rent', then such higher rent can be charged. section 3a of the up (temporary) control of rent and eviction act, 1947 had provided for determination of the annual reasonable rent by the district magistrate. but that applied only in case no rent had ..... rent. to find an answer to this, we will have to examine the scheme of the rent control legislation operative in up. section 7(1)(a) of up (temporary) control of rent and eviction act, 1947 provides that 'every landlord shall, within 7 days after an accommodation becomes vacant, by his ceasing to occupy it ... give .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-23-2006
Reported in : 2007(1)AWC1015
..... counsel submitted that since the goods have been used in the execution of the works contract in the years under consideration there was deemed sale under section 2(h) of the act. the goods namely iron and steel which are claimed to have been purchased within the state of u.p. have been used in the manufacturing of ..... of the works contract' has been included within the ambit of sale. in view of the constitutional amendment, the definition of section 2(h) has also been amended under the u.p. trade tax act. section 2(h) of the act, which defines sale, includes 'value of the goods involved in the execution of the works contract'. therefore, by fiction, ..... rajes kumar, j.1. present two revisions under section 11 of u.p. trade tax act (hereinafter referred to as'act') are directed against the order of tribunal dated 3rd march, 2000 relating to the assessment years, 1988-89 and 1989-90.2. applicant is a company incorporated under the indian companies act, 1956 having its registered office at naini, .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-16-2006
Reported in : 2006(2)AWC1968
Rakesh Tiwari, J.1. Heard learned Counsel for the parties and perused the record.2. The petitioner was appointed on the post of Safai Karmchari in Nagar Palika Parishad, Shikohabad District Firozabad on 1.8.1972 on permanent basis. He was issued a notice on 30.6.1992 by the then Executive Officer of [he Nagar Palika Parishad informing him that he shall retire from service after three months on 30.9.1992. The petitioner accordingly retired from service on 30.9.1992. No dues were pending against the petitioner at the time of his retirement. After his superannuation the petitioner moved representations dated 6.7.2004 and 17.11.2004 for release of his pension and other retiral dues including gratuity, fund and group insurance, but no payment was made to him. Aggrieved the petitioner has come up in this writ petition praying for a writ in the nature of mandamus commanding the respondents 1, 2 and 3 to pay the pension and other retiral benefits as group insurance, provident fund, gratuity an...
Tag this Judgment!Court : Allahabad
Decided on : Nov-06-2006
Reported in : (2008)16VST510(All)
..... that the freight from ahmedabad to agra since being charged separately in the bill, would not be a part of the turnover in view of explanation of section 2 (i) of the act which defines 'turnover'. the assessing authority had not accepted the plea of the applicant and included the amount of freight relating to transportation of the goods from ..... of freight had been charged separately in the bill from the customers, therefore, it would not be the part of the turnover in view of explanation-ii of section 2 (i) of the act, which defines the 'turnover'. he relied upon the decision of apex court in the case of vinod coal syndicate v. commissioner of sales tax, u.p ..... of freight or delivery or the cost of installation in case where such cost is separately charged' and the aforesaid provision is a almost similar to section 2(i) of u. p. trade tax act which defines turnover. on consideration of the aforesaid provision. apex court held as follows:the second part enact an inclusive clause. it says that ' .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-23-2006
Reported in : 2007CriLJ377
..... 2. in this application the grouse of the complainant is that complaint case no. 171 of 1998 ashoka kumar bhargawa v. anil kumar jaiswal under section 138, the negotiable instruments act, 1881 (hereinafter called the act) against the applicant pending in the court of additional chief judicial magistrate vi, allahabad filed on basis of the 6 cheques, one of which is ..... holder in due course' of those 5 cheques which are in the name of different payees and the trial court was therefore not competent to take cognizance under section 142 of the 'act' on basis of those 5 cheques. the order of the trial magistrate passed on the application of the applicant given in this behalf, on 15-3- ..... heard sri sharad malviya, advocate for the applicant, learned a.g.a. for the state and sri rameshwar nath, advocate for opposite party no. 2/complainant.4. section 118 of the 'act' in clause (g) of which the phrase 'that holder is a holder in due course' has been defined is as follows:(g) that holder is a holder .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-13-2006
Reported in : II(2007)ACC522
..... we are of the view that the statutory defences which are available to the insurer to contest a claim are confined to what are provided in sub-section (2) of section 149 of the 1988 act and not more and for that reason if an insurer is to file an appeal, the challenge in the appeal would confine to only those grounds.5 ..... judges of hon'ble apex court that the insurer having not obtained permission under section 170 of the 1988 act, is not entitled to prefer any appeal to the high court against the award given by the tribunal on merits. in another two judges decision of the apex ..... deceased. on the other hand learned counsel for the claimants has urged that in this appeal the appellant can only raise the questions permissible under section 149(2) of the act as no permission under section 170 of the act had been granted by the tribunal.4. in rita devi v. new india assurance company ltd. : (2000)illj1656sc it was held by two .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-24-2006
Reported in : 2007ACJ791
..... 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 ..... to be recovered from the owners of the vehicle, the procedure would be more cumbersome. while considering the provisions of section 96 of motor vehicles act, 1939 (hereinafter called 'the old act') which was analogous to section 149 of the act, the apex court in sohan lal passi v. p. sesh reddy : air1996sc2627 , held that the whole concept of ..... the husband of the said deceased, krishna murari had filed a claim petition, being the claim petition no. 377 of 2000 under sections 140 and 166 of the motor vehicles act, 1988 (hereinafter called 'the act') impleading one rajesh kumar jain as defendant no. 1 in the case, who was insured and the present appellant new india assurance .....
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