Array ( [0] => ..... retrenchment. since it is only a seasonal work, the respondents cannot be said to have been retrenched in view of what is stated in clause (bb) of section 2(oo) of the act. under these circumstances, we are of the opinion that the view taken by the labour court and the high court is illegal. however, the appellant is directed ..... that the workman had worked for less than 240 days in 12 calendar months preceding the date of termination. accordingly, it was held that there was violation of section 25f of the act. direction was given to reinstate the workman with 50% back wages.6. in support of the appeal, learned counsel for the appellant submitted that both the labour ..... retrenchment. since it is only a seasonal work, the respondents cannot be said to have been retrenched in view of what is stated in clause (bb) of section 2(oo) of the act. under these circumstances, we are of the opinion that the view taken by the labour court and the high court is illegal. however, the appellant is directed ..... [1] => ..... which was not considered by the consolidation authorities while rejecting the objections of the petitioners in appeal and revision. compliance of the procedure of law as provided under section 7 of evacuee property act was not made and also that sir land could not be sold by the custodian in the manner, which has been done in the instant case. no notice ..... the basis of aforesaid decisions, it is argued that the disputed plots were admittedly sir pots of ahmad hassan, who was a proprietor intermediary. on the advent of section 4 of u.p. act no. 1 of 1950, the entire rights, title and interest of zamindar vested in the state of u.p. it is emphasized by the counsel that even ..... . 1979. the order of consolidation officer was set aside and the entries in favour of respondent nos. 4 and 5 were restored. the petitioners filed two revisions under section 48 of the act, which were dismissed on 18.4.1981. the order of the s.o.c. and d.d.c. are impugned in the instant writ petition.4. submission on ..... [2] => ..... punishment, in the case of bhagwan lal arya v. commissioner of police, delhi and anr. reported in : air2004sc2131 , wherein the delinquent was dismissed under section 147 of delhi police act (34 of 1978)- and rules 8, 10 of delhi police (punishment and appeal, rules 1980), from service, on the ground of absence from duty being ..... are not controverted then the said averments must be accepted as true and correct drawing the presumption in favour of the petitioner in terms of section 114 illustration (g) of the evidence act, 1872 and order 8 rule 5 of the code of civil procedure, 1908. the absence of counter affidavit, this court is left ..... of police, delhi and anr. reported in : air2004sc2131 , held that continued misconduct with the punishment of dismissal/ removal from service can be awarded only for the acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police; service. merely one incident of absence and that too because of ..... [3] => ..... is governed by clause 12 of the memorandum of settlement reached between the parties, which is binding on them in view of the provisions of section 18 of the industrial disputes act, 1947. the said clause provides that a lawyer may be engaged as a defence nominee only with the permission of the bank otherwise the employee ..... aforesaid judgment..in the aforesaid judgment, apex court was considering the question as to whether appeal against the order of conciliation officer is maintainable under section 4 of industrial disputes (appellate tribunal) act, 1950. the apex court in that context examined the question as to whether when an authority which is under duty to ..... require that order by the appellate authority has to be an order by the tribunal. orders passed by appellate and revisional authorities under any u.p. act or central act are dealt and in separate category whereas orders.passed by tribunal and court are dealt in separate category. by adopting golden rule of interpretation that when ..... [4] => ..... the entries in the record of the cantonment board have been made in exercise of the official duty and the same are admissible under the provisions of section 35 of the evidence act. he further submitted that the said entries were in the knowledge of the petitioners/their predecessors-in-interest but they never made any protest but rather ..... on the admitted facts.17. the onus lies on the petitioners to prove that it was not an old grant. in order to render a document admissible under section 35 of the evidence act, three conditions must be satisfied; firstly, entry that is relied on must be one in a public or official book, register or record; secondly, it ..... be relied upon. the court can presume the fact that entries in the g.l.r. have been made in accordance with law as required under section 114 iii.(e) of the evidence act. unless the presumption is disproved or dispelled or rebutted, the court can treat the presumption as tantamount to proof. this presumption is based on legal maxim ..... [5] => ..... permitted the liability to be passed on to the consumer. the apex court held that the subjects of the legislation were different. while sub-section 3 of section 5 of the bihar act is relatable to entry 54 of list ii, which is a tax entry. paragraph 21 of the control order issued by the central government ..... for prorata distribution. it was held that question of priorities can be decided by the tribunal in accordance with section 19(ii) and section 529a companies act and that the company court cannot use powers under sections 442, 446 and 537 companies act to stay the proceedings.10. in : air2004bom166 n.k. shah v. joint registrar cooperative societies a full ..... a matter for which relief can be granted by the tribunal under section 17 of the act. section 34 of the act gives overriding effect to the provisions of this act over all other laws except the enactments listed in sub-section 2 of that section. the u.p. agricultural credit act is not included in that list.2. the guarantor has filed ..... [6] => ..... uttar pradesh and ors.. in the aforesaid case two members were nominated by the state government in the board exercising power under proviso to section 9 of the u.p. municipality act, 1916 by notification dated 2.8.1991. these two nominated members participated in the proceedings of no-confidence held on 12.8.1991 which ..... the year 1990 election was 321. the district inspector of schools finding a dispute referred the matter to the deputy director of education under section 16-a(7) of the act for decision. the deputy director of education vide his order dated 20.12.1991 refused to recognise either of the claimants and appointed a ..... is committee of management, audyogik vikas uchchattar madhyamik vidyalaya samiti, bihara bazar, maharajganj, district basti and anr. v. prescribed authority, basti (under u.p. societies registration act no. xi of 1984) sub divisional magistrate, harriya, basti and ors.: (supra). in the aforesaid case the learned single judge set aside the order of the prescribed ..... [7] => ..... after the result had been notified to the commission by the district magistrate.9. for this purpose let me first notice the relevant provisions of the act. section 12-bb and 12-bc of the act read as under: 12-bb. superintendence etc. of the election.- (1) the superintendence, direction and control of the conduct of the election ..... and 4 has submitted that the declaration of result is only a stage of the election process and till the gram panchayat is constituted and notified under section 58 of the act, the election process goes on. he has also submitted that result of the election of the petitioner was not declared in compliance with the provisions of ..... election for the post of pradhan of gram panchayat pilana to the state election commission, respondent no. 2. 2. exercising powers under section 12bb of the u.p. panchayat raj act, 1947 (for short 'the act') the state election commission, vide its order dated 15.8.2005, cancelled the election of pradhan for the gram panchayat in question. ..... [8] => ..... same is successfully challenged and the real state of affair is shown to be different from what is stated in the government publication. the notification under section 8 of the act has admittedly been issued on 6.5.1972 and urban area zamindari has been abolished over agricultural areas within the municipal limits of district ballia. ..... genuine or not.10. the contention of the learned counsel for the petitioner that entries in the khewats would be presumed to be true under section 44 of land revenue act cannot also be construed in his favour inasmuch as the entries in the original khewats itself have been stated to be forged, fictitious and made ..... land was demarcated as agricultural land within the municipal limits of ballia which comprised of villages middhi and bishunipur. a notification dated 6.5.1972 under section 8 of the act was issued vesting such agricultural areas, as demarcated, in the state of u.p. free from all encumbrances. upon issue of the notification certain licensees ..... [9] => ..... action of adjustment of the seized cash against the demand of assessment years to which income found undisclosed and the existing liabilities as per the provisions of section 132(3), income-tax act, vide paragraph 34(g) and (h) of the counter-affidavit. in the rejoinder affidavit, the averments made in the above paragraph having not ..... inasmuch as we are presently concerned with the case where the auction sale has taken place and recovery proceedings were initiated after april 1, 1989. section 225(2) of the act as it stands today takes care of situation where the order giving rise to a demand of tax is modified in appeal or other proceedings ..... , wherein this court has held that recovery proceedings cannot be taken in a case when the assessee had already moved an application for rectification under section 154 of the income-tax act. the said case was decided in a different set of facts. the recovery proceedings were initiated during the pendency of application for rectification of mistake ..... ) Explosives Act 1884 Section 4 Definitions - Court Allahabad - Year 2006 - Page 6 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: allahabad Year: 2006 Page 6 of about 185 results (0.072 seconds)

Dec 01 2006 (HC)

Om Prakash Tiwari S/O Shri Ram Krishna Tiwari Vs. Labour Court and Bas ...

Court : Allahabad

Decided on : Dec-01-2006

Reported in : [2007(113)FLR508]

..... retrenchment. since it is only a seasonal work, the respondents cannot be said to have been retrenched in view of what is stated in clause (bb) of section 2(oo) of the act. under these circumstances, we are of the opinion that the view taken by the labour court and the high court is illegal. however, the appellant is directed ..... that the workman had worked for less than 240 days in 12 calendar months preceding the date of termination. accordingly, it was held that there was violation of section 25f of the act. direction was given to reinstate the workman with 50% back wages.6. in support of the appeal, learned counsel for the appellant submitted that both the labour ..... retrenchment. since it is only a seasonal work, the respondents cannot be said to have been retrenched in view of what is stated in clause (bb) of section 2(oo) of the act. under these circumstances, we are of the opinion that the view taken by the labour court and the high court is illegal. however, the appellant is directed .....

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Sep 05 2006 (HC)

Ram Dabar and Ram Avadh Sons of Acchhey Vs. the Deputy Director, Conso ...

Court : Allahabad

Decided on : Sep-05-2006

Reported in : 2007(2)AWC1156

..... which was not considered by the consolidation authorities while rejecting the objections of the petitioners in appeal and revision. compliance of the procedure of law as provided under section 7 of evacuee property act was not made and also that sir land could not be sold by the custodian in the manner, which has been done in the instant case. no notice ..... the basis of aforesaid decisions, it is argued that the disputed plots were admittedly sir pots of ahmad hassan, who was a proprietor intermediary. on the advent of section 4 of u.p. act no. 1 of 1950, the entire rights, title and interest of zamindar vested in the state of u.p. it is emphasized by the counsel that even ..... . 1979. the order of consolidation officer was set aside and the entries in favour of respondent nos. 4 and 5 were restored. the petitioners filed two revisions under section 48 of the act, which were dismissed on 18.4.1981. the order of the s.o.c. and d.d.c. are impugned in the instant writ petition.4. submission on .....

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Mar 06 2006 (HC)

Ram Ujagar Yadava Son of Late Sri Ram Rup Yadava Vs. the State of U.P. ...

Court : Allahabad

Decided on : Mar-06-2006

Reported in : 2006(4)AWC3398

..... punishment, in the case of bhagwan lal arya v. commissioner of police, delhi and anr. reported in : air2004sc2131 , wherein the delinquent was dismissed under section 147 of delhi police act (34 of 1978)- and rules 8, 10 of delhi police (punishment and appeal, rules 1980), from service, on the ground of absence from duty being ..... are not controverted then the said averments must be accepted as true and correct drawing the presumption in favour of the petitioner in terms of section 114 illustration (g) of the evidence act, 1872 and order 8 rule 5 of the code of civil procedure, 1908. the absence of counter affidavit, this court is left ..... of police, delhi and anr. reported in : air2004sc2131 , held that continued misconduct with the punishment of dismissal/ removal from service can be awarded only for the acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police; service. merely one incident of absence and that too because of .....

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Dec 06 2006 (HC)

Sunil Prakash Sharma S/O Late Suraj Prakash Sharma Vs. Central Bank of ...

Court : Allahabad

Decided on : Dec-06-2006

Reported in : 2007(2)AWC1194; [2007(113)FLR88]; (2007)2LLJ1005All

..... is governed by clause 12 of the memorandum of settlement reached between the parties, which is binding on them in view of the provisions of section 18 of the industrial disputes act, 1947. the said clause provides that a lawyer may be engaged as a defence nominee only with the permission of the bank otherwise the employee ..... aforesaid judgment..in the aforesaid judgment, apex court was considering the question as to whether appeal against the order of conciliation officer is maintainable under section 4 of industrial disputes (appellate tribunal) act, 1950. the apex court in that context examined the question as to whether when an authority which is under duty to ..... require that order by the appellate authority has to be an order by the tribunal. orders passed by appellate and revisional authorities under any u.p. act or central act are dealt and in separate category whereas orders.passed by tribunal and court are dealt in separate category. by adopting golden rule of interpretation that when .....

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Mar 08 2006 (HC)

Giriraj Kapoor Son of Late Sri N.C. Kapoor and Vs. Government of India ...

Court : Allahabad

Decided on : Mar-08-2006

Reported in : 2006(3)AWC2287

..... the entries in the record of the cantonment board have been made in exercise of the official duty and the same are admissible under the provisions of section 35 of the evidence act. he further submitted that the said entries were in the knowledge of the petitioners/their predecessors-in-interest but they never made any protest but rather ..... on the admitted facts.17. the onus lies on the petitioners to prove that it was not an old grant. in order to render a document admissible under section 35 of the evidence act, three conditions must be satisfied; firstly, entry that is relied on must be one in a public or official book, register or record; secondly, it ..... be relied upon. the court can presume the fact that entries in the g.l.r. have been made in accordance with law as required under section 114 iii.(e) of the evidence act. unless the presumption is disproved or dispelled or rebutted, the court can treat the presumption as tantamount to proof. this presumption is based on legal maxim .....

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Dec 19 2006 (HC)

Jujhar Singh S/O Gurcharan Singh Vs. State of U.P. Through Secretary R ...

Court : Allahabad

Decided on : Dec-19-2006

Reported in : IV(2007)BC190

..... permitted the liability to be passed on to the consumer. the apex court held that the subjects of the legislation were different. while sub-section 3 of section 5 of the bihar act is relatable to entry 54 of list ii, which is a tax entry. paragraph 21 of the control order issued by the central government ..... for prorata distribution. it was held that question of priorities can be decided by the tribunal in accordance with section 19(ii) and section 529a companies act and that the company court cannot use powers under sections 442, 446 and 537 companies act to stay the proceedings.10. in : air2004bom166 n.k. shah v. joint registrar cooperative societies a full ..... a matter for which relief can be granted by the tribunal under section 17 of the act. section 34 of the act gives overriding effect to the provisions of this act over all other laws except the enactments listed in sub-section 2 of that section. the u.p. agricultural credit act is not included in that list.2. the guarantor has filed .....

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Mar 10 2006 (HC)

Committee of Management, GangadIn Ram Kumar Inter College Through Its ...

Court : Allahabad

Decided on : Mar-10-2006

Reported in : 2006(4)AWC3731

..... uttar pradesh and ors.. in the aforesaid case two members were nominated by the state government in the board exercising power under proviso to section 9 of the u.p. municipality act, 1916 by notification dated 2.8.1991. these two nominated members participated in the proceedings of no-confidence held on 12.8.1991 which ..... the year 1990 election was 321. the district inspector of schools finding a dispute referred the matter to the deputy director of education under section 16-a(7) of the act for decision. the deputy director of education vide his order dated 20.12.1991 refused to recognise either of the claimants and appointed a ..... is committee of management, audyogik vikas uchchattar madhyamik vidyalaya samiti, bihara bazar, maharajganj, district basti and anr. v. prescribed authority, basti (under u.p. societies registration act no. xi of 1984) sub divisional magistrate, harriya, basti and ors.: (supra). in the aforesaid case the learned single judge set aside the order of the prescribed .....

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May 23 2006 (HC)

Alka Wife of Narendra Singh Yadav Vs. State of U.P. Through Secretary, ...

Court : Allahabad

Decided on : May-23-2006

Reported in : 2006(4)AWC3234

..... after the result had been notified to the commission by the district magistrate.9. for this purpose let me first notice the relevant provisions of the act. section 12-bb and 12-bc of the act read as under: 12-bb. superintendence etc. of the election.- (1) the superintendence, direction and control of the conduct of the election ..... and 4 has submitted that the declaration of result is only a stage of the election process and till the gram panchayat is constituted and notified under section 58 of the act, the election process goes on. he has also submitted that result of the election of the petitioner was not declared in compliance with the provisions of ..... election for the post of pradhan of gram panchayat pilana to the state election commission, respondent no. 2. 2. exercising powers under section 12bb of the u.p. panchayat raj act, 1947 (for short 'the act') the state election commission, vide its order dated 15.8.2005, cancelled the election of pradhan for the gram panchayat in question. .....

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May 05 2006 (HC)

Bhaiya Ajeet Singh Son of Late Bhaiya Parmeshwar Singh Vs. State of U. ...

Court : Allahabad

Decided on : May-05-2006

Reported in : 2006(4)AWC3242

..... same is successfully challenged and the real state of affair is shown to be different from what is stated in the government publication. the notification under section 8 of the act has admittedly been issued on 6.5.1972 and urban area zamindari has been abolished over agricultural areas within the municipal limits of district ballia. ..... genuine or not.10. the contention of the learned counsel for the petitioner that entries in the khewats would be presumed to be true under section 44 of land revenue act cannot also be construed in his favour inasmuch as the entries in the original khewats itself have been stated to be forged, fictitious and made ..... land was demarcated as agricultural land within the municipal limits of ballia which comprised of villages middhi and bishunipur. a notification dated 6.5.1972 under section 8 of the act was issued vesting such agricultural areas, as demarcated, in the state of u.p. free from all encumbrances. upon issue of the notification certain licensees .....

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Oct 03 2006 (HC)

Subhash Chandra Goel Vs. Tax Recovery Officer and ors.

Court : Allahabad

Decided on : Oct-03-2006

Reported in : [2008]297ITR400(All)

..... action of adjustment of the seized cash against the demand of assessment years to which income found undisclosed and the existing liabilities as per the provisions of section 132(3), income-tax act, vide paragraph 34(g) and (h) of the counter-affidavit. in the rejoinder affidavit, the averments made in the above paragraph having not ..... inasmuch as we are presently concerned with the case where the auction sale has taken place and recovery proceedings were initiated after april 1, 1989. section 225(2) of the act as it stands today takes care of situation where the order giving rise to a demand of tax is modified in appeal or other proceedings ..... , wherein this court has held that recovery proceedings cannot be taken in a case when the assessee had already moved an application for rectification under section 154 of the income-tax act. the said case was decided in a different set of facts. the recovery proceedings were initiated during the pendency of application for rectification of mistake .....

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