Court : Allahabad
Decided on : Jan-25-2006
Reported in : 2006(3)AWC2775; [2006(108)FLR1041]; (2006)IILLJ651All
..... to him, he will get rs. 396,42 and less and nothing more than that.16. in the result, the order passed by the district judge under section 20 of the act is no doubt vitiated and is liable to be set aside.17. i quash the judgment of the district judge dated 10.3.87.18. the writ petition ..... ,''wages'' has accordingly been recast and made comprehensive and clear.9. aggrieved by the order passed by the proscribed authority, the respondent workmen then filed an appeal under section 20 of the act, in which, the appellate authority came to the conclusion that the petitioner had failed to comply with the notification because the. company came in the 'gha' category ..... this writ petition has been filed against a judgment dated 10.3.87 passed by the district judge in an appeal filed by the respondent workman under section 20 of the payment of wages act, 1936.3. the undisputed facts of the ease are that the respondent workmen were working with the petitioner belonging to skilled category, in the trade of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-2006
Reported in : 2006(3)AWC2339
..... to him by the respondent: no. 2, prescribed authority/divisional forest officer (social forestry), etawah, under section 52a(4) of the act to show cause why the vehicle no. uar-9714 owned by the petitioner be not seized. the petitioner submitted his reply on 25.4.2003, in which it ..... truck no. ura 9714. the petitioner was not named in the first information report which was registered as forest crime no. 121/02-03 under sections 26/52 and 55 of indian forest act and rule 3/28 of the corresponding rules. since the truck in question was owned by the petitioner, a notice dated 26.3.2003 was issued ..... whereby the respondent no. 2, prescribed authority/divisional forest officer (social forestry), etawah, has seized the vehicle of the petitioner under section 52a of the indian forest act, 1927 (hereinafter referred to as the act) as amended by u.p. act no. 1 of 2001 with effect from 16.4.2001. the order dated 8.3.2004, whereby the appeal of the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2006
Reported in : 2006(3)AWC2341
..... the interim order, the opposite parties neither allowed the applicant to join his duties nor paid his salary. consequently, the applicant filed the present contempt application under section 12 of the contempt of courts act alleging willful disobedience by the opposite parties in not complying with the interim order passed by the court in the writ petition. notices were issued and, the ..... termination order. despite the interim order if work is not taken or even salary is not paid discriminating such person from the other employees who are paid salary, the negative act would be in derogation of the orders passed by the court which not being treated with respect or having binding effect. the inaction and even non-payment of salary in .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-27-2006
Reported in : 2006(2)AWC1270
..... deleted by 1999 amendment from the code. the principle of law laid down by the apex court and otherwise also under the inherent power of the court, as enshrined under section 151, c.p.c, the court has every jurisdiction to pass any such order, which in its opinion appears to be just and proper for proper dispensation of justice to ..... been taken away. para 33 of the judgment is important in this regard, which is reproduced as below:order xviii, rule 2(4) which was inserted by act 103 of 1976 has been omitted by act 46 of 1999. under the said rule, the court could direct or permit any party, to examine any party or any witness at any stage. the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-31-2006
Reported in : 2006(3)AWC2351
..... is tenant's writ petition arising out of orders passed by r.c. & e.o/additional city magistrate v kanpur nagar in case no. 116 of 1984 under section 16 of u.p act no. 13 of 1972 dated 18.4.1985 declaring the vacancy of the accommodation in dispute, dated 6.5.1985 releasing the accommodation in dispute in favour of ..... respect of commercial building after the death of tenant, tenancy devolves upon his heirs by virtue of definition of tenant provided under section 3(a)(2) of u.p act no. 13 of 1972. under section 8 of hindu succession act 1956, property of a male hindu devolves firstly upon the heirs specified in class i of the schedule and in their absence ..... daughter hence his property including the tenancy of the shop in; dispute devolved upon his brother, suraj prasad under class ii clause (ii)(3)of the schedule of hindu succession act, 1956. similarly suraj prasad on his death neither left behind any heir of class i nor father, son's daughter's son, son's daughter's daughter, brother hence .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-31-2006
Reported in : AIR2006All163; 2006(3)AWC2474
ORDERUmeshwar Pandey, J.1. Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Vishal Agarwal.2. This petition under Article 226 of the Constitution of India has been moved challenging the order dated 26-11-2005 passed by the District Judge in Civil Revision No. 674 of 2005 rejecting the revision of the petitioner.3. In a suit for permanent injunction the plaintiff had died. When a matter in revision arising out of the same suit was pending before the District Judge, the substitution application of the deceased plaintiff was moved before the revisional court, which was allowed and subsequent amendments were incorporated in the memo of revision. Thereafter, the revision was decided and the record was sent to the trial court where the petitioner-defendant moved application (79-C) for abating the suit for not recording substitution in the plaint. The trial court rejected this application on the ground that substitution had already been recorded in the proceedings of revision befo...
Tag this Judgment!Court : Allahabad
Decided on : Feb-01-2006
Reported in : AIR2006All166; 2006(3)AWC2147
..... not be maintainable. the legislative intent is crystal clear, cannot be the subject matter of revision under section 115, there is marked distinction in language of section 97(3) of the old amendment act and section 32(2)(i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before ..... jurisdiction not vested in it by law: or(b) failed to exercise of its jurisdiction so vested; or(c) acted in exercise of its jurisdiction illegally or with material irregularity.(2) a revision application under sub-section (1), when filed in the high court, shall contain a certificate on the first page of such application, below ..... function matter by the court, is not revisable under section 115 of c.p.c.6. the provisions of section 115 c.p.c. has been amended by code of civil procedure (amendment) act, 1999 and in that proviso it has been added substituting earlier one and this section for convenience is reproduced as below:revision.:- [(1)] .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-06-2006
Reported in : 2006CriLJ1428; I(2006)DMC729
..... same have also been brought on record. anyhow, they managed the fare and returned to allahabad. the surrounding circumstances compelled smt. garima srivastava to file an application under section 24 of hindu marriage act for divorce.5. considering the facts and circumstances, the gravity of the allegations made in the f.i.r. and in absence of any convincing ground pointed out ..... prayer sought in the present writ petition is for quashing the impugned f.i.r. registered as case crime no. 1 of 2006 under sections 498a, 323, 504, 506 ipc and section3/4 of dowry prohibition act pertaining to police station mahila thana, district allahabad or other relief as appear expedient in the interest of justice under the facts and circumstances of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-07-2006
Reported in : 2006(4)AWC3474
..... levels of the consolidation authorities and that the consolidation authorities have rightly declined to condone the delay in filing the objection by the petitioner under section 9a(2) of the act. not only this, the petitioner's conduct in ante-dating the objection was also such, which disentitles him from getting any condonation of ..... 1977, whereas the learned consolidation officer has held that it was actually filed sometime in november, 1978, after the de-notification of the village under section 52 of the act. however, the opposite party no. 3 opposed the prayer of the petitioner. the consolidation officer held that there was no sufficient cause for condonation ..... sometime in the 1971, shri bisesar, father of the petitioner, filed an objection, claiming sirdari right over the said plot, his objection under section 9a(2) of the act was dismissed by the consolidation officer and the order of dismissal of his objection was upheld by the settlement officer (consolidation) in appeal and by .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-08-2006
Reported in : 2006(3)AWC2668
..... and then there has to be a second order making appointment on the newly created post. this, in our opinion, is not contemplated by section 26f of the act. all that section 26f states is that the board can appoint such officers and servant, as it considers necessary for efficient performance of its functions. in the present ..... collected or recovered before such commencement may be collected or recovered in accordance with the relevant municipal law. it will be seen that by section 3 of the impugned act the legislature retrospectively imposed tax on building or land on the basis of capital value and if the tax was already imposed, levied and ..... krishi utpadan mandi centralized services regulations-1984 deals with the recruitment and other terms and conditions of the services of members of centralized service constituted under section 23-a of the act.11. the expression 'employee' has been defined under the definition clause of regulation 2(e) of u.p. krishi utpadan mandi parishad (officers and .....
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