Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC252; (2004)1UPLBEC252
..... meritec india ltd. v. state of u. p. and ors., 1996 (3) awc 2.220 (noc) : 1996 flr. this court has held as under :'section 5c (1) of the act provides that subject to any rules that may be made in this behalf, a labour court shall follow such procedure as it may think fit. it is, therefore ..... the regional conciliation officer, varanasi. on conciliation proceedings having failed, the following reference was made by the state government in exercise of powers under section 4k of the u. p. industrial disputes act, 1947 :'kiya sewayojkon dwara apne shramik basudev gupta putra shri bachnu gupta kee sewayen dinank 1.6.1995 se samapt kiya jana uchit tatha/ ..... the petitioner has force.16. the contention of the respondent is that the labour court held that the employer deliberately retained the attendance register as required to maintain under section 32 read with rule 18 (1) (a) of dookan aur vanijya adhisthan adhiniyam, 1962, that the employer-petitioner has failed to establish that the workman has .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : (2004)2UPLBEC1503
..... any of the provision of the statute. the court must look to the object which the statute seeks to achieve while interpreting the previsions of the act/rules/regulations. a purposive approach for interpreting the provision is necessary.43. it is also settled principle of interpretation of law that any interpretation which leads ..... case falls within the scope of the relevant statutory provisions and that the appellant corporation being a statutory corporation is bound by the life insurance corporation act as well as the statutory regulations and instructions and cannot put aside the same and order compassionate appointment. the supreme court has further pointed out that ..... for nearly twenty years, the family has pulled on apparently without any difficulty and that in this background the tribunal must be held to have acted illegally and without jurisdiction in directing the authorities to consider the case of the respondent for appointment on compassionate ground and to give him appointment if .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC662
..... in favour of the workman vide its award dated 2.6.2000, impugned to this writ petition, which was enforced by publication on 5.12.2000 under section 6a of the u. p. industrial disputes act. against the impugned award this writ petition has been filed. the impugned award has been challenged, inter alia, on the ground that the labour court has .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-22-2003
Reported in : (2004)1UPLBEC64
..... is annexed as annexure-'i' to the writ petition.2. the following dispute was referred to by the state government in exercise of power under section 4-k of the u.p. industrial disputes act, 1947 (in short 'act'), to the labour court for adjudication :^^d;k lsok;kstdksa }kjk vius jfedjfo dqekj xqirk] iq= jh lqunjyky xqirk voj vfhk;urk dh fnukad .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-22-2003
Reported in : (2003)185CTR(All)505; [2004]265ITR474(All)
..... 2002]257itr16(delhi) , wherein after considering large number of judgments it was held that the power of the tribunal to amend an order passed by it under section 254(2) of the act is very much limited, it is confined to rectification of a mistake apparent from the record. the tribunal has no inherent power of review, therefore, under the ..... the appeal has again been decided on merit ex parte vide judgment and order dt. 25th oct., 2002. being aggrieved appellant again filed an application under section 254(2) of the act and the said application has been dismissed vide impugned order dt. 26th feb., 2003. hence this appeal.5. shri piyush agarwal, learned counsel for the appellant ..... before the tribunal, however, the appeal was disposed of ex parte vide order dt. 29th dec., 2000, being aggrieved, appellant filed an application under section 254(2) of the act on the ground that the ex parte judgment and order of the tribunal was liable to be recalled on the ground that the appellant had not been .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-2003
Reported in : 2004CriLJ2132
..... the guilt of the accused-respondent no. 1 suraj singh was established. he shot dead his close relative jagat singh without any justification whatsoever. he committed an offence under section 302, ipc. we would, therefore, allow this appeal in part. having regard to the totality of facts and circumstances, we would award him life imprisonment for the ..... . 2 kapoori devi, we reverse the finding of acquittal in respect of the other accused-respondent no. 1 suraj singh. we find him guilty of an offence under section 302, ipc for murdering jagat singh and convict him therefor. he is sentenced to undergo life imprisonment for said offence.19. the accused-respondent no. 1 suraj singh, ..... state has come up in appeal against the judgment of acquittal dated 3-9-1997 passed by sri sardar akhtar, the then addl. sessions judge/special judge (e.c. act), mainpuri in sessions trial no. 169 of 1993. the two accused-respondents-suraj singh and his wife smt. kapoori devi were tried for an offence under s. 302, .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-2003
Reported in : 2004CriLJ1904
..... tried to emphasise that karan (p. w. 1) and his wife smt. makkhan (p. w. 2) were produced before the magistrate for recording their statements under section 164 cr. p. c. in which they fully supported the facts/circumstances leading to the commission of multiple murders in this case. the learned counsel has contended that these ..... smt. makkhan, smt. radhiya, smt. parvati, phool chand and other formal witnesses also. the statements of complainant karan and his wife smt. makkhan were also recorded under section 164 cr. p. c. before the magistrate.after completing all the formalities of investigation p. w. 10 submitted charge-sheet in this case.6. on the materials submitted ..... of rs.5,000/-, in default of payment of which he was further directed to undergo rigorous imprisonment for one year; and(c) for the offence punishable under section 302 read with section 149 i. p. c. he has been sentenced to death. the appellants jagdish, dhira, nathuram, beera, mangi lal, ram dayal, ramdas, gyasi ram and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2003
Reported in : 2004(1)AWC214
s.u. khan, j.1. this is tenant's writ petition arising out of eviction/release proceedings initiated by landlady respondent no. 1 under section 21 of u.p. act no. 13 of 1972 against the petitioner.2. property in dispute is a shop. the landlady initially pleaded that after the death of her husband (which occurred about ..... appellate court that the said grandsons are aged about 20 to 23 years and are not doing any job. grandsons are included in the definition of the family given in section 3(g)(ii) (male lineal descendants). with regard to paralytic stroke, the landlady stated that she had recovered and was capable of doing normal physical work.4. it ..... , 1981) and is even denying his liability to pay the rent, disentitles him to seek the discretionary relief by invoking writ jurisdiction of the high court. such conduct acts as a bar against exercise of writ jurisdiction. if the writ petition is allowed, it would mean that the tenant petitioner would be entitled to continue in possession without .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2003
Reported in : (2004)1UPLBEC310
..... of the rules of 1992. it is contended that rule 27 provides for relaxation from the condition of service. i am not able to appreciate the contention. the relaxation under section 27 is to be in respect of particular case, for which there should be satisfaction recorded by an order to be passed by the state government. a relaxation is given ..... were admittedly appointed later and have been placed above petitioners. the petitioners have been placed at serial no. 197, 212, 224, 202 respectively. it is contended that the excise commissioner acted illegal, arbitrarily and against the seniority rules of 1991, in changing seniority position which was rightly obtained from 1994 onwards.8. sri ashok khare, senior advocate assisted by sri krishna .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-29-2003
Reported in : [2005]277ITR98(All); [2004]141TAXMAN651(All)
..... case of gauri shankar chowdhury (supra), the patna high court has held that appeal, reference or revision or any other proceedings before a court under section 150(1) of the act must relate to the assessee in question and not any direction or assessment made in appeal, reference or revision in the case of any other assessee ..... and could not be reopened due to bar of limitation, that was attracted at the relevant time to the proposed reassessment proceedings under the provisions of section 149 of the act.it has further held as follows :'a fiscal statute more particularly a provision such as the present one regulating period of limitation must receive strict construction. ..... have been seized be released. according to the petitioner, immediately thereafter the respondent no. 4 issued notices dated 20-11-2003 purporting to be under section 148 of the act in respect of the assessment years 1989-90 to 1994-95. the said notices are under challenge in the present writ petition on the ground that .....
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