Court : Allahabad
Decided on : Apr-29-2003
Reported in : [2004]137STC587(All)
..... of boulders into 'gitti' did not amount to 'manufacture'. it is this view of the high court that is assailed in this appeal by the revenue.4. section 2(17) of the act defines the term 'manufacture' and it reads thus : ' 'manufacture' with all its grammatical variations and cognate expressions means producing, making, extracting, alternating, ornamenting, finishing ..... held that crushing of big size stone boulders into a small size, known as gitti does not amount to manufacturing within the definition of section 2(17) of the bombay sales tax act. the apex court held as follows:'the contention of the assessee that converting boulders into 'gitti' does not involve any manufacturing process within ..... of further sale may remain commercially the same goods and could not be taxed again. honourable supreme court has considered the definition of section 2(e-1) of the u.p. sales tax act. honourable supreme court held as follows:'the purpose of sales tax is to levy tax on sale of goods of each variety .....
Tag this Judgment!Court : Allahabad
Decided on : May-02-2003
Reported in : (2003)3UPLBEC2546
..... union of india on the ground that the respect of some incident some proceedings were subjected to court martial proceedings while the respondents have been proceeded against under section 120(1) of the army act read with rule 17 of the army rules, the long lapse of time in between and the fact that the respondent was also in the meanwhile ordered ..... the aforementioned writ petition was pending before this court, the commanding officer 7 rajpootana rifles served a charge-sheet dated 27.4.1984, purporting to be under section 57(n) of the army act for an offence alleged to have taken place on 2.5.1983. according to the appellant, he was tried by summary court martial on 26.5.1984 and .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2003
Reported in : 2004ACJ1459
..... which deserves to be and is hereby dismissed in limine.15. as prayed, amount of rs. 25,000 deposited in this court by the insurer appellant under section 173 of motor vehicles act be remitted to the motor accidents claims tribunal concerned within one month from the date an application is filed by the appellant for the purpose so that it ..... had clearly observed that where the owner had satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149(2)(a)(ii) of the motor vehicles act. further it was indicated that the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake ..... s.p. srivastava, j.1. heard the learned counsel for the insurer appellant.the appellant has filed the present appeal under section 173 of the motor vehicles act feeling aggrieved by the award of an amount of rs. 4,15,280 determined as just compensation to which the dependants of the deceased satya narain sharma were .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2003
Reported in : (2003)2UPLBEC1516
..... of retirement.'14. however, that was a case wherein the resignation was tendered to be effective with a future date as the letter under section 48-a of the central civil services (pension) rules, 1972 was given with a three months' notice on 1.1.81 to be effective ..... '___________________________________________________________________________________black's law dictionary formal renouncement or to terminate(5th edn.) relinquishment of an employment of serviceupon reacingretirement age.shorter oxford english to relinquish, surrender the act of retiring ordictionary (revised edn. give up or hand over withdrqwing to or fromof 1973) something); esp., an a place of position.office, position, ..... , there should be no embargo on employee's choice or freedom not to continue in employment. 'if, however, the administration had made arrangement acting on his resignation or letter of retirement to make other employee available for his job, that would be another matter, but the employee's offer .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2003
Reported in : II(2003)ACC608
..... to be and is hereby dismissed in limine.15. as prayed, the amount of rs. 25,000/- deposited in this court by the insurer-appellant under section 173 of the motor vehicles act be remitted to the motor accident claims tribunal concerned within one month from the date an application is filed by the appellant for the purpose so that it ..... had clearly observed that where the owner had satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149(2)(a)(ii) of the motor vehicles act. further it was indicated that the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was fake, ..... s.p. srivastava, j.1. heard the learned counsel for the insurer-appellant.the appellant has filed the present appeal under section 173 of the motor vehicles act feeling aggrieved by the award of an amount of rs. 4,15,280/- determined as just compensation to which the dependents of the deceased satya narain sharma were .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2003
Reported in : (2003)2UPLBEC1527
..... of haryana v. om prakash and anr., (1998) 8 scc 733, the hon'ble apex court explained the distinction between 'retrenchment' and 'abandonment' from service, observing that termination contemplates an act on the part of the employer which puts an end to service to fall within the definition of the expression 'retrenchment' and in case, the workman does not report for ..... of natural justice. the requirement of natural justice must depend on the facts and circumstances of the case, the nature of the enquiry, the rules under which the tribunal is acting, the subject matter to be dealt with, and so on so forth.'34. in view of the above, the law on the issue can be summarised as under :-'for any .....
Tag this Judgment!Court : Allahabad
Decided on : May-08-2003
Reported in : 2003(3)ARBLR563(All)
..... . the petitioner requested the chief engineer to refer the matter to an arbitrator. the chief engineer did not appoint any arbitrator. whereupon the petitioner filed an application under section 20 of the arbitration act, before the civil judge, meerut for appointment of an arbitrator, which application was allowed vide judgment and order dated 19.03.1997. however, in the appeal filed by ..... the respondents, the learned additional district judge/special judge (e.c. act), meerut vide judgment and order dated 21.01.1999 while allowing the appeal had set aside the order passed by the trial court on the ground that no dispute exists .....
Tag this Judgment!Court : Allahabad
Decided on : May-09-2003
Reported in : (2003)2UPLBEC1524
..... an agreement and was chargeable to duty at par with a lease under article 35(b) of schedule i-b of the stamp act and in the circumstances, the impugned orders are found not to be suffering from any infirmity nor the learned counsel has drawn ..... and as such was chargeable to stamp duty as an agreement to let, under article 35(b) of schedule 1-b of the stamp act. the special bench read into definition of the word 'lease' alongwith the word 'instrument' and held that 'even if a document purports ..... to let and as such was chargeable to duty as a lease under article 35(b) of schedule 1-b of the stamp act. in taking this view, what weighed with the special bench was the consideration that the offer made immediately after the conclusion of ..... with the stamp duty chargeable on a patta under section 2(16) of the stamp act. the objection filed by the petitioner met the fate of rejection equating bid sheet to a patta under section 2(14) of the stamp act, and holding petitioner liable to pay stamp duty in .....
Tag this Judgment!Court : Allahabad
Decided on : May-13-2003
Reported in : III(2003)ACC172; 2004ACJ1927; 2003(4)AWC2965
..... which deserves to be and is hereby dismissed. 12. as prayed, the amount of rs. 25,000 deposited in this court by the appellant under section 173 of the motor vehicles act be remitted to the motor accident claims tribunal concerned within one month from the date an application is filed by the appellant for the purpose so ..... recourse to a remedy which is not contemplated for the insurer. it is, therefore, obvious that in the absence of any permission as contemplated under section 170 of the motor vehicles act, the plea raising defence other than the statutory defences cannot be permitted to be raised by an insurer in any proceeding whether it be a revision ..... so far as this aspect of the matter is concerned, it is not disputed by the learned counsel for the appellant that no permission as envisaged under section 170 of the motor vehicles act had been obtained by the insurer. in the aforesaid circumstances, the ratio of the decision of the apex court rendered in the case of national insurance .....
Tag this Judgment!Court : Allahabad
Decided on : May-13-2003
Reported in : III(2003)ACC197; 2003(4)AWC2706
..... be and is hereby dismissed in limine.14. as prayed, the amount of rs. 25,000 deposited in this court by the insurer-appellant under section 173 of the motor vehicles act be remitted to the motor accident claims tribunal concerned wilhin one month from the date an application is filed by the appellant for the purpose so ..... for the clatmants-caveators-respondents, who has put in appearance at this stage, has also been heard.2. the appellant has filed the present appeal under section 173 of the motor vehicles act feeling aggrieved by the award of the motor accident claims tribunal, determining an amount of rs. 4,08,000 as just compensation to which the dependants ..... clearly observed that where the owner had satisfied himself that the driver has a licence and is driving competently, there would be no breach of section 149(2)(a)(ii) of the motor vehicles act. further it was indicated that the insurance company would not then be absolved of liability. if it ultimately turns out that the licence was .....
Tag this Judgment!