Court : Allahabad
Decided on : Oct-30-2003
Reported in : 2004(1)AWC280; [2004]53SCL119(All)
..... importantly on their moral statute. in carrying out the activities in a stock exchange the members thereof should be men of valour, prudence, level-headed and act with wisdom even in the most adverse circumstances. they must also be men of good financial stability, considerable experience, capable of assessing the market psychology etc ..... of internal regulation at all. dealing with the work or duty of the stock exchange and its nature/status, the court observed as under :'under the act, stock exchange means any body of individuals, whether incorporated or not, constituted for the purpose of assisting or controlling the business of buying, selling or ..... compelling circumstances to protect the innocent depositors or shareholders from fraud, etc., by the members of the association. if the society registered under the cooperative societies act, 1965, is superseded by the registrar of the societies, and the administrator is appointed, that itself would not make the society amenable to the writ .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-04-2003
Reported in : 2004(1)AWC533; (2004)1UPLBEC849
..... the petitioner had neither been given any show cause notice nor any pay in lieu of the notice period or retrenchment compensation as provided under section 6n of the act. thus, the provisions of section 6n have not been complied with. in this view of the matter, the order of the labour court does not suffer from any legal ..... court did not accept the plea of the employer that the workman was employed for specified work and for some specified period. it found that the provisions of section 6n of the act, were not complied with and, therefore, the retrenchment is bad.9. so far as the question as to whether the petitioner is an 'industry' or ..... by the petitioner that it does not come within the ambit of the definition of the word 'industry' and the provisions of section 4k of the act, has no application. consequently, the provisions of section 6n of the act, will have no application. the labour court after considering the written statements, the objections and the material and evidence on record, .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-04-2003
Reported in : 2004(1)AWC487
..... grade, have to be filled up by way of promotion and, therefore, he is entitled for being promoted. according to him, under section 3 (1) (a) of the regulations framed under the 1921 act the seniority list has to be prepared for each grade of teachers and it does not exclude the ad hoc appointment. he relied upon ..... , the provisions of the u.p. secondary education services and selection board act, 1982 (hereinafter referred to as 'the 1982 act') is not applicable in view of the specific provision made in section 30 of the 1982 act. according to him, if the provisions of the 1982 act are not applicable to the college in question, his appointment in the year ..... post and on short term basis. it may be mentioned here that under section 16e (11) of the 1921 act the provisions have been made for making appointment in case of temporary vacancy. in the year 1992, when the petitioner was appointed, the provisions of 1982 act were applicable to the college in question. at that time, the substantive .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-07-2003
Reported in : AIR2004All144
..... determination of retention price, net realization, equated freight, etc.'49. thus this undertaking is binding on the petitioner which is the successor in interest on indian explosives ltd. the petitioner is hence estopped from going back on the promise and undertaking of its predecessor in interest contained in clause 9 of the undertaking dated 10 ..... a. 2 to the counter affidavit. thus the relationship of the unit which joined the rps was purely contractual.31. the predecessor of the petitioner company, indian explosives limited, entered into an agreement under the rps with the government of india and has executed an undertaking vide annexure c.a. 3 to the counter affidavit. ..... scc 251 : air 1997 sc 3910 it was held by the supreme court that where the u.p. state electricity board had issued notifications under section 49 of the electricity (supply) act offering concession by way of rebate in electricity duty to the new industries so as to attract them to the state, and where a new industry .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-12-2003
Reported in : 2005(1)ARC597; 2005(2)AWC1574
..... date of death of the said jag mohan, his sons ram nath was the 'heir' in view of the law of intestate succession as contained in the hindu succession act, 1956, particularly section 8 thereof and the schedule thereto. during the life time of the said ram nath, the petitioners herein, who are the sons of the said ram nath, could not ..... of the deceased, will have a right to succeed the tenancy rights in preference to brother's son.'37. the decision in asha vaish case (supra) shows that section 3(a) of the act contemplates only natural heirs. heirs will be determined according to personal law applicable to a party. in asha vaish case (supra), as the parties were hindu, it was ..... would be deemed in his own right on the death of the testator.20. this gives rise to the question about the scope of the word 'heirs' used in section 3 of up. act no. 13 of 1972. counsel contended that the word 'heirs', would include testamentary heirs as well. the word 'heir' has several meanings. in some of the case .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-14-2003
Reported in : (2004)1UPLBEC415
..... government as the public prosecutor of additional public prosecutor for the district unless his name appears in the panel of names prepared by the district magistrate under sub-section (4).................'8. paragraphs 7.03, 7.06 and other paragraphs of the l.r. manual provides for eligibility and mode of appointment of the government advocate. ..... apex court observed that the state or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitrary in its decision. 'duty to act fairly' is part of fair procedure envisaged under articles 14 and 21. every activity of the public authority or those under public duty must be received and ..... and reasoned order. in shrilekha vidyarthi (supra), the apex court has observed as under :--'every such action may be informed by reason and if follows that an act uninformed by reason is arbitrary, the rule of law, contemplates governance by law and not by humour, whim or caprice of the men to whom the governance .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-14-2003
Reported in : 2004(1)AWC858; (2004)IILLJ727All; (2004)1UPLBEC816
..... project undertaken by the government of india to rehabilitate the refugees from pakistan, 'popularly known as 'dandakaranya project' is 'an industry' within the meaning of section 2(j) of the industrial disputes act.22. in the case of life insurance corporation of india and anr. v. raghavendra seshagiri rao kulkarni, air 1998 sc 327, the apex court has ..... , which would be undertaken by any private person. so merely one is employee of statutory bodies would not take it outside the central act. if that be then section 2 (a) of the central act read with schedule i gives large number of statutory bodies should have been excluded, which is not. even if a statute confers on ..... and since their services were no longer required after 1.8.1992 no work was allocated to them. they further denied that the provisions of section 6n of the u. p. act are applicable in the present case as the petitioners are not regular employees nor they were appointed on any post. they also claimed that the public .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-14-2003
Reported in : 2004(1)AWC426
..... is owned by mangali prasad and chunni lal. petitioner managed the property on their behalf and collected the rent from the tenant/respondent no. .2. under section 3 (j) of the act landlord means a person to whom the rent of the tenanted building is payable and includes agent or attorney of such person. the prescribed authority held as ..... petitioner was landlord and his need was bona fide and balance of comparative hardship also lay in his favour. respondent no. 2/tenant filed an appeal under section 22 of the act being rent appeal no. 305 of 1981. district judge, kanpur by judgment and order dated 15.7.1982 allowed the appeal setting aside the judgment of the ..... the main point involved in this case is whether petitioner can be treated to be landlord of the building in dispute and entitled to file release application under section 21 of u. p. act no. 13 of 1972 even though he is not the owner. prescribed authority decided the question in favour of the petitioner.3. petitioner had filed release .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-18-2003
Reported in : 2004(1)AWC562
..... the release application by judgment and order dated 14,7.1981. appeal filed by the respondent no. 1 under section 22 of the act, being rent control appeal no. 135 of 1981, was allowed by iind additional district judge, farrukhabad, through judgment and order dated 15.4.1982. this writ petition is ..... orders.u. khan, j.1. this is tenant's writ petition arising out of eviction/release proceedings, initiated by late vishwa nath, respondent no. 1, landlord, under section 21 of u.p. act no. 13 of 1972, on the ground of bona fide need of shop in dispute, registered as p.a. case no. 37 of 1979. prescribed authority/city munsif, farrukhabad dismissed .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-18-2003
Reported in : (2004)188CTR(All)42; [2004]266ITR261(All)
..... what it actually collected was not sales tax at all but an amount in anticipation of its sales tax liability.13. the word 'income' as defined in section 2(24) of the income-tax act has been held to include almost every kind of receipt or gain vide bhola nath kesari v. director of state lotteries : [1974]95itr171(all) . in navinchandra mafatlal ..... of wide scope and of elastic import and its extent and sweep are not controlled or limited by the use of words 'profit and gains'. the definition of income in section 2(24) is inclusive and not exhaustive vide addl. cit v. uma devi eudhia : [1986]157itr478(patna) .14. in cit v. g. r. karthikeyan : [1993]201itr866(sc) , the supreme ..... clauses therein are not exhaustive of the meaning of the word 'income'. hence even if a receipt did not fall within the ambit of any of the sub-clauses in section 2(24) it might still be income if it partakes of the nature of income. in emit webber v. cit : [1993]200itr483(sc) , the supreme court held that though .....
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