Court : Allahabad
Reported in : AIR1994All123
..... this connection, ifciis agreeable, in principle, to grant modification to the existing package of reliefs/concessions in respect of term loans sanctioned for the ng explosives and emulsion explosives project to the company as per the following packages (column no. ii) to fund interest due/accruing from 1-4-1991 to 30-9-1992 ..... of the respondents.29. although we do not agree with the petitioner's counsel that before resorting to the provisions of section 29, respondents were bound to act under section 31 another provision of the act but we agree with this proposition that prior notices should have been issued to the petitioner company before resorting to the ..... this petition to the petitioner as against the opposite parties. 2. the petitioner is a limited company engaged inter alia in the manufacture and saleof explosives (nitro glycerine based industrial explosives). prior to 1986, the petitioner company was known as narendra pxplosives ltd. on 27-12-82 the respondent no. 1 (which is uttar .....
Tag this Judgment!Court : Allahabad
Reported in : [1994(68)FLR774]; (1994)IILLJ455All
..... the validity of the reference for the lack of opportunity of hearing, is no longer res integra so far as this court is concerned.5. in the case of indian explosives ltd. v. state of u.p. and ors., reported in (1981-ii-llj-159) a division bench of this court had the occasion to consider the question with regard ..... this decision it has to be held that the employer-petitioner was not entitled to any opportunity of being heard before passing of the order of reference under section 10(l)(c) of the act. the contention to the contrary has, therefore, to be rejected, and it is so rejected.7. on the facts and for the reasons stated herein before, ..... the award dated august 22, 1981, passed by the labour court, allahabad, the respondent no. 2. in adjudication case no. 113/79, under section 10(l)(c) of the industrial disputes act, 1947, hereinafter called the act, are under challenge. the relevant facts are these.on october?, 1972 the respondent no. 3 was appointed by the employer on the post of receipt .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ1635
..... concerned. his position is some how identical to the position of a workman in reference proceedings before the state government under section 4k of u.p. industrial disputes act. a division bench of this court in case of. indian explosives limited (fertiliser division), pankj,, kanpur v. state of u.p., reported in 1981 (42) flr423): 1981 lab ..... the criminal procedure code, 1973 contains provisions to protect the interest of the accused at various levels even before the commencement of actual trial. such provisions are contained in sections 227, 239 and 245 of code of criminal procedure. thus there is no likelihood of any prejudice being caused to the person against whom a complaint ..... 1c noc 148) held that when the state government by motion or by a positive order declines to make a reference, there is no exercise of power under section 4k of the act and therefore when .....
Tag this Judgment!Court : Allahabad
Reported in : (1995)IILLJ469All
..... contention of the petitioners by referring to the case law cited by the petitioners. however, i may add that a division bench of this court in indian explosives ltd.( fertilizer division) panki, kanpur v. state of u.p. (1981-i-llj-423) has taken the view that when the state government by omission ..... contesting workmen, respondent in the present matter, who were waiting for the result of the aforesaid litigation by their co-workers, individually applied under section 2-a of the act for constituting a conciliation board for settling their dispute. the regional conciliation officer, after hearing the workmen and the employer, recommended to the state ..... regional conciliation officer, vide his order, dated february 17, 1986 recommended to the state government to refer the dispute to the labour court, under section 4-k of the act, despite the aforesaid recommendation of the regional conciliation officer, the state government declined to make reference, vide its order, dated july 28, 1986, which .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ3873
..... of their extremely high kinetic energy. the effects may be so destructive as to cause virtual decapitation and the injuries may sometimes be confused with those due to high explosive rather than to a simple projectile. according to modi also, high velocity missiles produce gross brain damage, the skull is shattered and bone pieces are indriven with force. ..... judgment and order dated 17-4-1982 by shri k.l. sharma, the then ii additional sessions judge, allahabad convicting the accused persons for committing the offences punishable under sections 302/149; 307/149; 148 and 147, i.p.c. and sentencing each of them to undergo imprisonment ranging from two years' r.i. to life imprisonment.2 ..... mahmood could have tried to run away towards north when it was said that the assailants had also come from northern side. we do not find any improbability in this act. as mentioned earlier, the dead body of mohd. mahmood was, in fact, found inside the shop. one could say that it would have been proper for mohd. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All259
..... up' phenomenon is one factor, but this itself is related to many others. 6. court's attention was also drawn to the activities like fishing by use of explosives and dynamite. it has also been submitted that the court show concern to the events of forest fires in these regions of kumaon and garhwal, and give remedial directions ..... seasons 1994-95 and 1995-96 not interfere with the nigam's occupation with this sensitive area. as the court has expected that by this time the nigam would sec the reality and unwind its occupation of running a camp tourist resort there. there is a danger looming on the horizon. if astate financed tourist camp has been ..... totality of the programme for protecting the environment and ecology of this region. one aspect which he brought out glaringly was the fact that in the environment (protection) act, 1986, in fact, for all practical purposes, there is no representation of any agency to co-ordinate with his department on the subject which hasengaged the attention of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All179
..... not fall under ceramic industry, it is covered by item no. 2 of the schedule. he further submitted that the petitioner should have filed appeal under section 13 of the act and non filing of appeal also disentitles the petitioner to the relief claimed. he has relied upon the definition of glass etc. from the encyclopaedia which wouldbe ..... prevent and control pollution. it became essential and imperative on account of rapid industrialization. there was explosion of pollution and the pressure of on environmental resources.8. the parliament framed mis act. the aims and objects of the act are :--'an act to provide for the levy and collection of a cess on water consumed by persons carrying on ..... the water consumed.26. so this plea is of no consequence and it seems to be ridiculous and is nol tenable, liven in schedule-ii (see section 3) of the cess act, the purpose for which water is consumed and the maximum rate are mentioned as under :-- purpose for which water is consumed.maximum rate.1.2.1 .....
Tag this Judgment!Court : Allahabad
Reported in : 1998ACJ721; AIR1998All1; (1997)2UPLBEC1344
..... take out one or more insurance policies providing for contracts of insurance whereby he is insured against liability to give relief under sub-section (1) of section 3.20. under section 5 of the 1991 act, whenever it comes to the notice of the collector that an accident has occurred at any place within his jurisdiction, he shall ..... ex 330) was subsequently interpreted to cover a variety of things 'likely to do mischief' on escape, irrespective of whether they were dangerous per se e.g. water, electricity, explosions, oil, vibralious, noxious fumes, colliery spoil, poisonous vegetation, a flagpole, etc. (vide 'winfield and jolowicz on 'tort', 13th edn. p. 425). since the present case ..... review, 1961, vol. 24, p. 557).58. in read v. lyons (1947 ac 156) (supra), which was a case of injury due to a shell explosion in ammunitions factory. lord macmillan while rejecting the claim of the plaintiff made further restrictions to the rule in rylands v. fletcher by holding that the rule 'derives from .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All57
..... amount. his liability was immediate. it was not deferred until the creditor exhausted his remedies against the principal debtor.' it may be mentioned here that section 128 of the contract act is the only provision under which the petitioners could offer themselves as guarantors on behalf of the principal debtor i.e. the borrower of the company ..... lal, air 1984 sc 2009; (3) mahesh chandra's case, air 1993 sc 935: (4) andhra pradesh financial corporation, air 1994 sc 2151: (5) bharat explosives ltd., air 1994 all 123.5. the aforesaid five decisions were relied upon to advance on argument that the principal debtor should have been proceeded against first and if no ..... of the agreement which the guarantors did not honour and therefore recovery certificate could have been legitimately issued in view of the provisions contained in section 3 of the recovery act.16. having examined the terms of the agreement and the provisions of law applicable the arguments advanced by shri jain have no force.17. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)ALT(Cri)7; 1998CriLJ3343
..... some of his associates from a hide out within the jurisdiction of phansidewa police station where a case was registered under section 5 of the explosive substance act and under sections 25(1)(a) of the arms act and sections 120b, 121-a, 122, 309 and 402 of the indian penal code. immediately after his arrest kanu sanyal ..... jail, darjeeling was bound to abstain from complying with the warrant for production issued by the special judge, vizakhapatnam by reasons of section 6 of the prisoners (attendance in courts) act, 1955 and the production of the petitioner before the special judge, vizakhapatnam pursuant to such warrant for production and his detention in the ..... , a warrant for production of kanu sanyal in the court of special magistrate, vizakhapatnam was issued by him on 30-5-1972 under section 3(2) of prisoners (attendance in courts) act, 1955. the officer in charge of district jail, darjeeling, consequently, sent kanu sanyal to the court of the special magistrate, vizakhapatnam on .....
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