Court : Allahabad
Decided on : Jan-09-2006
Reported in : AIR2006All114; 2006(1)AWC904
S.N. Srivastava, J.1. Heard learned Counsel for the petitioner and learned Counsel for Caveator.2. Learned Counsel for the petitioner urged that against an order passed by the Consolidation Officer, an appeal was preferred by 15 persons, but Vakalatnama was signed by only one person as such the appeal on behalf of other persons was not maintainable. The Appellate authority has not taken into consideration this aspect while entertaining the Appeal.3. Considered arguments of learned Counsel for the petitioner:4. In view of the law laid down by the Apex Court in the judgment rendered in Civil Appeal No. 6701 of 2005 (Arising out of SLP(C) No. 22578 of 2002), Udav Shanker Trivar v. Ram Kalewar Prasad Singh and Anr. decided on 10.11.2005, the appellants before the Appellate Authority (Assistant Settlement Officer, Consolidation, Bareilly) are entitled to have an opportunity to get the defect removed. Paragraph-15 of the judgment of the Apex Court is being reproduced below:-15. It is, thus, ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(3)AWC2641
..... given an opportunity to file her objection against the order declaring the premises to be vacant. therefore, no prejudice has been caused to her.16. the requirements of section 16 of the act no. xiii of 1972 and rule 8 is that the person in actual occupation of the building, may be given an opportunity to show to the authorities concerned ..... prayer has been made to issue a writ of certiorari quashing the aforesaid orders.2. the landlord-opposite party no. 3 moved an application under section 12 read with section 16 of the u.p. act no. xiii of 1972 in 1996 impleading one ram gopal. it was alleged that after the death of the original tenant lalla and his widow ram ..... city magistrate in his impugned order dated 26.5.2000 has observed that : 'the petitioner did not come within the definition of word family as contained in section 3(g) of the u.p. act no. xiii of 1972 ; photo copies of the documents filed by the petitioner are not admissible ; they are not supported by any affidavit, while the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(4)AWC3374
..... the last 12 to 15 years. the petitioner filed suit no. 1162 of 1998 in the court of additional district magistrate under section 229b and 209 of the u.p. zamindari abolition and land reforms act (hereinafter referred to as the act).3. notices were issued and the concerned opposite party no. 4 entered into compromise and as such the suit was decided .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-2006
Reported in : [2006]148STC356(All)
..... the composition money on the ground that the brick kiln did not function as, according to the deputy commissioner, once an application has been submitted under section 7-d of the act exercising the option to pay the amount in lump sum, it cannot be withdrawn for any reason whatsoever. as the petitioner had failed to deposit the ..... other. the manufacture if they have availed of the procedure under rule 96zo(3) at their option, cannot claim the benefit of determination of production capacity under section 3a(4) of the act, which is specifically excluded.24. in the case of jalan castings (p) ltd. (supra), this court has held that where an assessee has himself asked ..... dealer notwithstanding the fact that the dealer has neither manufactured nor sold any bricks during the period for which it had opted for the composition under section 7-d of the act.34. the amount payable under the composition scheme is not relatable to any actual turnover but depends upon the agreement under the scheme at the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-13-2006
Reported in : 2006(1)AWC771
..... phot it is unconstitutional,being in conflict with the scheme of part ix of the constitution of india. the petitioner besides seeking declaration of section 27-a of 1961 act as unconstitutional and inoperative after enforcement of part ix of the constitution of. india has further prayed for mandamus ling the respondents from enforcing ..... constitution is silent regarding adhyaksh as well, the state legislature cannot impose a restriction not contemplated by the constitution. therefore, the provisions of section 27-a (b) of the act is in direct conflict and is inconsistent with the constitution of india and is liable to be struck down. it is also submitted that besides ..... to function as chairperson of zila panchayat. in other words, what is submitted is that since there is no such disqualification, as provided in section 27-a of the 1961 act provided in part ix of the constitution in regard to the chairperson of the zila panchayat and kshetra panchayat, the said legislature, by necessary .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-2006
Reported in : 2006(3)AWC2497; [2006(108)FLR1210]; (2006)IILLJ948All
..... the wages of the respondent workmen. they were in fact claiming 'potential wages', which is clearly not within the scope of the jurisdiction of the authority under section 15 of the act as has been laid down by the hon'ble supreme court in the case of a.v. d'costa (supra). i respectfully agree with the dictum of ..... c. patel and anr. reported in : [1955]1scr1353 wherein a five judges bench of the hon'ble supreme court has held that the scope of provisions of section 15 of the act is limited to wages but has no jurisdiction to determine the question of 'potential wages'. i quote from this judgment--the authority has the jurisdiction to decide what actually ..... or delay in payment of wages and penalty for malicious or vexatious claims.10. learned counsel for the petitioner has also argued that the jurisdiction under section 15 of the payment of wages act, 1936 is limited and summary in nature and is confined to claims which arise out of illegal deductions and delay in the payment of wages and .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : Jan-18-2006
Reported in : 3(2006)BC115
..... the memo of appeal relates back to the date of filing of the appeal and as such no amendment comes in. however, a petition had been filed under section 5 of the limitation act, wherein it was stated that although the amendment petition was filed long back, but the same was taken up for hearing on 15th july, 2004 and as such ..... is calculated, the same cannot be as per agreed rate of interest, when the loan was taken, but could be as per discretion of the court/tribunal as contemplated under section 34 of cpc and as such his contention is that if the interest is found to be payable, then the same should be on the settled amount of rs. 9 ..... was made within the stipulated time.4. the respondents' side has first of all taken the preliminary objection that the appeal is not maintainable under the provisions of the rddbfi act as the recovery case was disposed of on the basis of the compromise between the parties and a compromise decree cannot be assailed of in the appeal. this submission was .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : Jan-18-2006
Reported in : II(2006)BC30
..... tribunal decided the said legal issue against the appellant and dismissal of proceeding was recorded and hence the present appeal.3. although it appears that the learned tribunal had considered section 149 of the c.p.c. and also a judgment of the apex court as but basic fundamentals have been erred by the tribunal in deciding the issue.4. ..... then although no objection was raised either by the appellant or from the defendants, the appellant thought it fit that it should pay the court fee as per the amended act itself and as such prayer was made so as already mentioned above as though petition filed on 28.7.2001. such petition was filed before the tribunal and as such ..... raised regarding deficit court fees and the suit proceeded as it was on the maximum court fees paid by the appellant as per the unamended m.p. court fees act and the suit was also transferred to the tribunal at the same stage and nowhere there was any objection regarding deficit court fees after the suit was revived before the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2006
Reported in : 2006(3)AWC2354(All)
..... the same is being reproduced below-29. the bsa had passed the order for single operation on 23rd october, 1999 under the second proviso to section 5 of the payment of salary act. this was in pursuance of some letter of the jde dated 22.4.1999, it is admitted that neither the copy of the letter of ..... impugned orders has been given. the order of single operation of the account can be passed only under sections 5 and 6 of the u.p. junior high school (payment of salary of teachers and other employees) act 1978 and the registrar firms societies and chits has got no power and jurisdiction to pass an order dated ..... the petitioners.2. the petitioners' church city junior high school educational society, thaterwada, underkot, sadar, merut, district meerut, is a duly registered society under the societies registration act and was also approved and recognized by the district basic education officer meerut and also by the deputy registrar firms, societies and chits, meerut. the registrar, firms, societies .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-24-2006
Reported in : 2006(3)AWC2336
..... was notified as a scheduled caste under the constitution (scheduled caste order 1950). that the parliament by means of scheduled castes and scheduled tribes order (amendment act 2002) being act no. 10 of 2003 published in official gazette of india dated 8.1.2003 notified the gond caste as a scheduled tribe. the aforesaid facts are ..... seek any change in category which he has mentioned in the application form. however changes effected in the reservation by the state government or by an act of parliament, till the date of declaration of result would become applicable automatically and the candidate concerned is liable to be considered against a particular reserved ..... treated to be the members of the scheduled castes. the claim of the petitioner against the reserved category of scheduled tribes was not considered despite the parliamentary act no. 10 of 2003. faced by the aforesaid situation petitioners have approached this court with the allegations that more than 50% of the vacancies within the .....
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