Array ( [0] => ..... that they had been in service for not less than six years continuously and their services had been terminated in violation of provisions of section 6n of the industrial disputes act, 1947 (hereinafter called act, 1947) and they had worked for 240 days in a calendar year counting backward from the date of termination and also claimed regularization after ..... they have been appointed illegally by a person having no authority to appoint and their termination after the completion of the work did not attract the provisions of section 6n of the act, 1947.3. in view of the pleadings, the parties were permitted to lead evidence, and after considering the same, the labour court came to the ..... case, the contract of service becomes enforceable and inexecutable.22. if the view contrary, to the above is accepted or it is accepted that provisions of section 25j of the act would over-ride the mandate of the constitution also, it will take away the powers of the high court to issue a writ of quo warranto, ..... [1] => ..... a complaint is preferred is itself evidence of the fact that such an opinion had been formed and in proper cases a presumption may even be raised under section 114 of the indian evidence act.' no doubt, the aforesaid passage supports the contention of the learned public prosecutor. it is pertinent to notice two sentences prior to the aforesaid passage, which ..... bahadur and learned standing counsel for, the respondents.2. the first appeal from order no. 46 of 1985 preferred under section 83 of lunacy act read with section 341/195(4), cr.p.c. challenging the order dated 19-10-1984 passed under section 340, cr.p.c. in misc. case no. 285 of 1982 (madan lal v. sri chand) was finally ..... (1)(b) or (c) has been committed, himself prefers the complaint and forwards the same to the magistrate, no presumption under section 114 of the evidence act to the effect that he had formed an honest opinion, even though no such finding has been recorded that it is expedient in the interests of justice to enquire ..... [2] => ..... that is required to be registered and not that such contract becomes a contract of apprenticeship only after it is registered as required by sub-section (4) of section 4 of the act. we have, therefore, no hesitation in taking the view that the registration of the contract apprenticeship is not a necessary ingredient for answering ..... a contract of apprenticeship. it is not provided that the contract of apprenticeship adverted to therein should have been registered as required by sub-section (4) of section 4 of the act. if the intention of the legislature was to include only those persons in the category of apprentices who have entered into a contract of ..... the description of the expression 'apprentice' occurring in section 2(aa) of the act. as it is admitted that the petitioners have entered into a contract of apprenticeship and were undergoing training in pursuance of such a contract, ..... [3] => ..... enhancement made by them. 4. s.l.o. after going through the sale deeds of the village in question executed within three years from the date of notification under section 4 of the act came to the conclusion that the sale deed executed on 12.2.1981, with regard to an area of 5 bighas, 8 biswas and 5 biswansies, situate in ..... ), by his award dated 18.4.1983, passed in case no. 4 of 1982 determined the market value of the acquired land on the date of notification under section 4 of the act to be rs. 9,944.57 paise per bigha pakka of the land of the quality of awwal torh and rs. 8,523.81 paise per bigha pakka of ..... consideration, in order to arrive at the correct market value of the acquired land on the date of section 4 notification of the act. the sale deed dated 12.2.1981 was executed 18 months before the publication of notification under section 4 of the act. allowing an increase of 10% per year in market value of agricultural land (as against 15% normal increase ..... [4] => ..... a day not later than 90 days from the date of service of summons. this provision has been made inapplicable to pending suits by virtue of the provisions of section 15-b of act 22 of 2002. the scheme of the amended provisions which has been discussed above indicates that in the matter of time for filing the written statement the amended ..... provides that rules 1, 2, 6, 7, 9, 9-a, 19-a, 21, 24 and 25 of order v as amended would not apply to pending suits. similarly section 15(b)(iv) of act 22 of 2002 provides that order viii, rules 1, 1-a, 8-a, 9 and 10 as amended shall not apply to written statement filed before commencement of ..... . qadeer, learned counsel for the applicant submitted that the amendments made are in respect of procedure and hence would operate retrospectively to pending suits. sections 15 and 16 of the amending act 22 of 2002 and section 32 of act no. 46 of 1999 he submits, specify the provisions in respect of which the amendment shall not apply and as order 8, rule 1 ..... [5] => ..... the best service. the petitioner also challenged the locus standi of revisionist in challenging the grant of permits after the liberal policy was enforced by the new act, section 80(2) of the act was relied upon which provides that a regional transport authority shall not ordinarily refuse to grant an application for permit of any kind made at any time ..... exercise of power 48 permits were granted.14. the first question to be considered is whether the grant of permits by state transport authority was violative of section 104 of the new act. muzaffar nagar-bijnor route was notified on 5-11-1977. the conditions of the notification allowed only the existing operators to ply on the route. in ..... facts of the case to which the corporation has not objected; could not be the ground to over reach the settled position law, and the object of section 104 of the new act. sri r. n. singh submits that the dismissal of slp by one line order without giving the reason for the dismissal cannot be treated to be ..... [6] => ..... land would not become holding of a tenure holder. the learned district judge in appeal has held that the land of the respondent no. 1 was exempted under section 6 of the act, is erroneous for the reasons given hereinabove. however, the conclusion reached by the appellate court is substantially correct, therefore, i see no reason to interfere with the ..... land was also being used as a testing ground for the chemical fertilizers to observe its effect on standing crops.8. as noted above a notice under section 10 (2) of the act was initially issued to the respondent no. 1 showing that it had 6.39 acres as surplus land. this notice and the order passed thereon were ..... effect that the respondent no. 1 in fact possessed 362.26 acres of surplus land which by mistake could not be included in the earlier notice under section 10 (2) of the act and thus the notice should be amended and simultaneously the order dated 28.7.1977 passed by the prescribed authority be also modified. the prescribed authority in ..... [7] => ..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the ..... [8] => ..... court after hearing both the parties held that the documents in question were not the bonds but these two documents were only memorandum of agreement.4. sub-section (5) of section 2 of the stamp act as applicable in the state of uttar pradesh, the bond is defined as follows :'(5) bond.-- 'bond' includes : (a) any instrument whereby a person obliges himself to ..... n.k. mehrotra, j.1. this is a revision under section 25 of the provincial small cause courts act against the judgment and order dated 22.8.1983, passed by the xth additional district judge, sitapur, dismissing the objection of the revisionists against the admissibility of the two document ..... pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be ; (b) any ..... [9] => ..... be and is hereby dismissed in limine.16. 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 ..... conclusion that the accident involving the death of samar bahadur had arisen out of the use of the offending motor vehicle as contemplated under section 166 read with section 165(1) of the motor vehicles act and the claimants-dependants were entitled to the amount of compensation for which an amount of rs. 2,32,000/- was determined to ..... 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 ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Allahabad - Year 2003 - Page 7 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: allahabad Year: 2003 Page 7 of about 233 results (0.059 seconds)

Mar 27 2003 (HC)

State of U.P. Vs. Presiding Officer, Labour Court Ii and anr.

Court : Allahabad

Decided on : Mar-27-2003

Reported in : 2003(3)AWC2119; [2003(97)FLR1055]; (2003)2UPLBEC1285

..... that they had been in service for not less than six years continuously and their services had been terminated in violation of provisions of section 6n of the industrial disputes act, 1947 (hereinafter called act, 1947) and they had worked for 240 days in a calendar year counting backward from the date of termination and also claimed regularization after ..... they have been appointed illegally by a person having no authority to appoint and their termination after the completion of the work did not attract the provisions of section 6n of the act, 1947.3. in view of the pleadings, the parties were permitted to lead evidence, and after considering the same, the labour court came to the ..... case, the contract of service becomes enforceable and inexecutable.22. if the view contrary, to the above is accepted or it is accepted that provisions of section 25j of the act would over-ride the mandate of the constitution also, it will take away the powers of the high court to issue a writ of quo warranto, .....

Tag this Judgment!
Mar 28 2003 (HC)

Sri Chand Vs. State of U.P.

Court : Allahabad

Decided on : Mar-28-2003

Reported in : 2003CriLJ4094

..... a complaint is preferred is itself evidence of the fact that such an opinion had been formed and in proper cases a presumption may even be raised under section 114 of the indian evidence act.' no doubt, the aforesaid passage supports the contention of the learned public prosecutor. it is pertinent to notice two sentences prior to the aforesaid passage, which ..... bahadur and learned standing counsel for, the respondents.2. the first appeal from order no. 46 of 1985 preferred under section 83 of lunacy act read with section 341/195(4), cr.p.c. challenging the order dated 19-10-1984 passed under section 340, cr.p.c. in misc. case no. 285 of 1982 (madan lal v. sri chand) was finally ..... (1)(b) or (c) has been committed, himself prefers the complaint and forwards the same to the magistrate, no presumption under section 114 of the evidence act to the effect that he had formed an honest opinion, even though no such finding has been recorded that it is expedient in the interests of justice to enquire .....

Tag this Judgment!
Mar 31 2003 (HC)

U.P. State Electricity Board Vs. Ashok Kumar Shukla and anr.

Court : Allahabad

Decided on : Mar-31-2003

Reported in : 2003(3)AWC2266; [2003(97)FLR822]; (2003)IILLJ1013All

..... that is required to be registered and not that such contract becomes a contract of apprenticeship only after it is registered as required by sub-section (4) of section 4 of the act. we have, therefore, no hesitation in taking the view that the registration of the contract apprenticeship is not a necessary ingredient for answering ..... a contract of apprenticeship. it is not provided that the contract of apprenticeship adverted to therein should have been registered as required by sub-section (4) of section 4 of the act. if the intention of the legislature was to include only those persons in the category of apprentices who have entered into a contract of ..... the description of the expression 'apprentice' occurring in section 2(aa) of the act. as it is admitted that the petitioners have entered into a contract of apprenticeship and were undergoing training in pursuance of such a contract, .....

Tag this Judgment!
Mar 31 2003 (HC)

Ganga Kisan Sahakari Chini Mills Ltd. Vs. Ghasita (D) Through L.R. and ...

Court : Allahabad

Decided on : Mar-31-2003

Reported in : AIR2004All15; 2003(3)AWC2014

..... enhancement made by them. 4. s.l.o. after going through the sale deeds of the village in question executed within three years from the date of notification under section 4 of the act came to the conclusion that the sale deed executed on 12.2.1981, with regard to an area of 5 bighas, 8 biswas and 5 biswansies, situate in ..... ), by his award dated 18.4.1983, passed in case no. 4 of 1982 determined the market value of the acquired land on the date of notification under section 4 of the act to be rs. 9,944.57 paise per bigha pakka of the land of the quality of awwal torh and rs. 8,523.81 paise per bigha pakka of ..... consideration, in order to arrive at the correct market value of the acquired land on the date of section 4 notification of the act. the sale deed dated 12.2.1981 was executed 18 months before the publication of notification under section 4 of the act. allowing an increase of 10% per year in market value of agricultural land (as against 15% normal increase .....

Tag this Judgment!
Mar 31 2003 (HC)

Waqf Mausooma Syed HusaIn and Mst. Wali Begum and anr. Vs. Dillep Kuma ...

Court : Allahabad

Decided on : Mar-31-2003

Reported in : AIR2003All371

..... a day not later than 90 days from the date of service of summons. this provision has been made inapplicable to pending suits by virtue of the provisions of section 15-b of act 22 of 2002. the scheme of the amended provisions which has been discussed above indicates that in the matter of time for filing the written statement the amended ..... provides that rules 1, 2, 6, 7, 9, 9-a, 19-a, 21, 24 and 25 of order v as amended would not apply to pending suits. similarly section 15(b)(iv) of act 22 of 2002 provides that order viii, rules 1, 1-a, 8-a, 9 and 10 as amended shall not apply to written statement filed before commencement of ..... . qadeer, learned counsel for the applicant submitted that the amendments made are in respect of procedure and hence would operate retrospectively to pending suits. sections 15 and 16 of the amending act 22 of 2002 and section 32 of act no. 46 of 1999 he submits, specify the provisions in respect of which the amendment shall not apply and as order 8, rule 1 .....

Tag this Judgment!
Apr 04 2003 (HC)

M.K. JaIn and ors. Vs. State Transport Appellate Tribunal and ors.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : AIR2004All33

..... the best service. the petitioner also challenged the locus standi of revisionist in challenging the grant of permits after the liberal policy was enforced by the new act, section 80(2) of the act was relied upon which provides that a regional transport authority shall not ordinarily refuse to grant an application for permit of any kind made at any time ..... exercise of power 48 permits were granted.14. the first question to be considered is whether the grant of permits by state transport authority was violative of section 104 of the new act. muzaffar nagar-bijnor route was notified on 5-11-1977. the conditions of the notification allowed only the existing operators to ply on the route. in ..... facts of the case to which the corporation has not objected; could not be the ground to over reach the settled position law, and the object of section 104 of the new act. sri r. n. singh submits that the dismissal of slp by one line order without giving the reason for the dismissal cannot be treated to be .....

Tag this Judgment!
Apr 04 2003 (HC)

State of U.P. Vs. New Central Jute Mills and anr.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : 2003(3)AWC1775

..... land would not become holding of a tenure holder. the learned district judge in appeal has held that the land of the respondent no. 1 was exempted under section 6 of the act, is erroneous for the reasons given hereinabove. however, the conclusion reached by the appellate court is substantially correct, therefore, i see no reason to interfere with the ..... land was also being used as a testing ground for the chemical fertilizers to observe its effect on standing crops.8. as noted above a notice under section 10 (2) of the act was initially issued to the respondent no. 1 showing that it had 6.39 acres as surplus land. this notice and the order passed thereon were ..... effect that the respondent no. 1 in fact possessed 362.26 acres of surplus land which by mistake could not be included in the earlier notice under section 10 (2) of the act and thus the notice should be amended and simultaneously the order dated 28.7.1977 passed by the prescribed authority be also modified. the prescribed authority in .....

Tag this Judgment!
Apr 04 2003 (HC)

Kamlesh Rai Vs. Presiding Officer, Labour Court and ors.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : 2003(4)AWC2800; (2003)2UPLBEC1307

..... adjudicator, after receipt of the reference of such dispute will have first to direct the workmen to approach the appropriate government for abolition of the contract under section 10 of the act and keep the reference pending. if pursuant to such reference, the contract labour is abolished by the appropriate government, the industrial adjudicator will have to give ..... from the date of termination, the order dated 17.4.1995 was liable to be set aside as having been passed in violation of the provisions of section 6n of the act, 1947. therefore, he should be reinstated with all consequential benefits and regularized with the principal employer in view of the provisions of the contract labour (regulation ..... the workmen employed by the contractor were certainly not the workmen of the corporation.'13. this court while deciding the writ petition no. 14758 of 1990, indian explosives ltd. v. state of u. p. and ors., vide its judgment dated 25.1.1991 considered the definition of workmen under the .....

Tag this Judgment!
Apr 04 2003 (HC)

Faqeer Bux and ors. Vs. Smt. Asmat Ara Begum and anr.

Court : Allahabad

Decided on : Apr-04-2003

Reported in : 2003(4)AWC3321

..... court after hearing both the parties held that the documents in question were not the bonds but these two documents were only memorandum of agreement.4. sub-section (5) of section 2 of the stamp act as applicable in the state of uttar pradesh, the bond is defined as follows :'(5) bond.-- 'bond' includes : (a) any instrument whereby a person obliges himself to ..... n.k. mehrotra, j.1. this is a revision under section 25 of the provincial small cause courts act against the judgment and order dated 22.8.1983, passed by the xth additional district judge, sitapur, dismissing the objection of the revisionists against the admissibility of the two document ..... pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be ; (b) any .....

Tag this Judgment!
Apr 07 2003 (HC)

Oriental Insurance Company Limited Vs. Smt. Kusum Kali and ors.

Court : Allahabad

Decided on : Apr-07-2003

Reported in : III(2003)ACC364

..... be and is hereby dismissed in limine.16. 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 ..... conclusion that the accident involving the death of samar bahadur had arisen out of the use of the offending motor vehicle as contemplated under section 166 read with section 165(1) of the motor vehicles act and the claimants-dependants were entitled to the amount of compensation for which an amount of rs. 2,32,000/- was determined to ..... 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!




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //