Court : Allahabad
Decided on : Mar-30-2006
Reported in : 2006(3)AWC2829
..... only be the endeavour but should be definite and positive approach.33. we are of the view that there is no basic difference of treatment in between two sections of people in transferring the land from leasehold land to freehold land. neither before 1995 nor after 1995 any different government order was issued to treat some ..... scc 412 but the special leave petition was dismissed with a rider that the leases will be granted subject to the provisions of urban land (ceiling and regulation) act, 1976. such act is no more applicable. therefore, the division bench judgment, as stands, will have binding effect on us principally. there the division bench held that leases in ..... to which the state is the party. private parties are concerned only with their personal interest whereas the state while exercising its powers and discharging its functions, acts indubitably as is expected of it for public good and public interest. the impact of every state action is also on public interest. this factor alone is .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-2006
Reported in : 2006(3)AWC2992; [2006(109)FLR1101]; (2006)IIILLJ417All
..... employed by educational institutions whether the said institutions are imparting primary, secondary, graduate or postgraduate education cannot be called as 'workman' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work or ..... or clerical nature then it would not be possible for the state government to include such an employment in the schedule in exercise of power under section 27 of the act. since the teachers of an educational institution are not employed to do any skilled or unskilled or manual or clerical work and therefore, could ..... far as the teachers of the educational institution are concerned are accordingly quashed.21. thus in view of aforesaid settled legal position since under section 2(i) of the minimum wages act 1948 the word 'employees' is defined to mean that, any person who is employed for hire or reward to do any work, skilled .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-2006
Reported in : II(2006)DMC128
..... by the husband.there is thereafter not even a whisper of allegations about any demand of dowry or commission of any act constituting an offence much less at chennai. that being so, the logic of section 178(c) relating to continuance of the offences cannot be applied.10. according to us 'whisper of allegations' as ..... hurt, etc. those are admittedly caused within the appropriate jurisdiction of police station reewa, madhya pradesh. applicability of sections 3 and 4 of the dowry prohibition act, 1961 is not independent but co-related with the aforesaid sections. the cause of action means the circumstance forming the infraction of the right or the immediate occasion for the action ..... uttar pradesh. in pursuance thereof moqudma reference no. 39/2005, case crime no. 298/2005 under sections 498 a/326/307/506 of the indian penal code (hereinafter called as i.p.c.) and section 3/4 of dowry prohibition act has been registered.2. the complainant's case is that on 24th january, 2005 the petitioners i. .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-2006
Reported in : 2006(4)AWC3381
..... necessary for ingress and outgress to the constructed allotted portion shall be delivered to the landlord by r.c & e.o on his filing application under section 18(3) of the act forthwith.10. in respect of possession of the constructed portion alongwith so much open land, which is necessary for ingress and outgress to the said portion, ..... of the allotted accommodation is very small and open land, which was also allotted, was more than 50 times larger than the constructed portion.3. under section 3(i) of the act building is defined to mean a residential or non-residential roofed structure and includes-(i) any land (including any garden) garages and out houses, appurtenant to ..... 1985 passed by r.c & e.o. etawah in favour of original respondent no. 3 vishwa narain chaturvedi since deceased and survived by legal representatives under section 16 of u.p act no. 13 of 1972. through the said order vacancy was declared and accommodation in dispute was allotted to respondent no. 3. against the said order .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-05-2006
Reported in : [2006(110)FLR563]
..... same conclusion. there can be a conflict of interest between wife and her children from first valid marriage, and the child whose legitimacy is protected under section 16 of the hindu marriage act, 1955. a claim may be set up by persons alleging themselves to be children or strangers, causing litigation, delaying and thus defeating the purpose of ..... wife may have been living for a long period and out of their wedlock, children have born, cannot be treated to be legal according to section 11 of the hindu marriage act. it is also now well settled that children out of wedlock from illegal wife are also entitled for the benefits of the property and other things ..... . shakuntala devi and her daughter. the fact remains that smt. shakuntala devi is a legally wedded wife of deceased nand kishore. she was never divorced in proceedings under section 125 code of crminal procedure her husband had amitted her to be his wife and km. sangeeta, minor as his daughter. on the death of nand kishore, revenue .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-10-2006
Reported in : 2006CriLJ4814
..... been registered as criminal case number 1501 of 2004 state v. suresh and ors. pending before judicial magistrate, bisauli district badaun, by invoking inherent power under section 482 cr.p.c. by this court. they have also prayed for stay of further proceedings of the aforesaid case during the pendency of the above noted ..... cr.p.c. the word used is 'evidence'. this, word according to the counsel, means 'evidence' as is mentioned under section 3 of the indian evidence act 1872. he contended that 'evidence' under section 173(8) means evidence recorded before the court and unless such an evidence comes forth, the police does not have the power to ..... consequently subsequent charge sheet deserves to be quashed. the learned aga contrarily submitted that section 173(8) relates with investigation and does not apply to trial and therefore the definition clause of evidence act will apply at all, indian evidence act deals with evidences which are admissible or inadmissible and what is evidence and what .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-13-2006
Reported in : (2007)207CTR(All)558; [2006]285ITR179(All)
..... in both the cases has been given by the additional commissioner of income-tax and, therefore, the sanction did not meet the requirement of sub-section (2) of section 151 of the act.7. sri shamboo chopra, learned standing counsel, however, submitted that the plea regarding sanction having not been given by the joint commissioner, was not ..... by the additional commissioner and not by the joint commissioner nor was there any averment assailing the notice for non-fulfilment of the provisions of section 151(2) of the act. when this fact was pointed out, learned senior counsel appearing for the petitioner did not refer to the averments made in the rejoinder affidavit ..... material before the income-tax officer to form the reasonable relief that the income had escaped assessment. the challenge to the validity of the notice issued under section 148 of the act was repelled by the court. both the applicants challenged the judgment and order dated december 3, 2004 (see : [2006]284itr642(all) ) passed by .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-19-2006
Reported in : II(2006)DMC600
..... has quashed the charge sheet on the ground that the parties have entered in to a compromise and are living happily. that was also a case under sections 498a, 504, 506 ipc and 3/4 act. the aforesaid judgment is annexure no. 6 to the affidavit.5. cogitating over the submissions advanced by both the sides it is to be noted that ..... against the applicants.7. resultantly, this application is allowed. criminal proceedings of criminal case number 524 of 2003 state v. ram narayan and ors. under section 498a, 323, 504 ipc and 3/4 d.p. act relating to police station baksha district jaunpur pending before judicial magistrate, jaunpur is quashed.8. let a copy of this order be issued to the counsel ..... nutshell are that manoj kumar dubey applicant was married with respondent no. 2 smt. soni, who is the informant of crime number 524 of 2003, under section 498a, 323, 506 ipc and 3/4 d.p. act p.s. baksha district jaunpur. the fir (annexure no. 1) of the said crime number was lodged by her on 10.11.2003 at 12 .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-20-2006
Reported in : II(2007)ACC853; 2008ACJ1133; 2006(2)AWC1855
..... be ascertained. the minimum compensation may be paid every month to the dependants according to their share for the period to which they are entitled.8. section 140 of the act provides for liability without fault in certain cases. as per the said provision, in case of death or permanent disability of any person as a result ..... to be recovered from the owners of the vehicle, the procedure would be more cumbersome. while considering the provisions of section 96 of the motor vehicles act, 1939 (hereinafter called the old act) which was analogous to section 149 of the act, the hon'ble supreme court in sohan lal passi v. p. sesh reddy and ors. : air1996sc2627 held that ..... smt bhanu tiwari, the respondent nos. 1 and 2, filed claim petition no. 43 of 1999 before the tribunal under the provisions of sections 140/166 of motor vehicles act, 1988 (hereinafter called the act), claiming a sum of rs. 3,25,000.00 as compensation. the insurance company as well as the present appellant-insurer contested the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-24-2006
Reported in : 2007ACJ791
..... be ascertained. the minimum compensation may be paid every month to the dependants according to their share for the period to which they are entitled.8. section 140 of the act provides for liability without fault in certain cases. as per the said provision, in case of death or permanent disability of any person as a ..... to be recovered from the owners of the vehicle, the procedure would be more cumbersome. while considering the provisions of section 96 of motor vehicles act, 1939 (hereinafter called 'the old act') which was analogous to section 149 of the act, the apex court in sohan lal passi v. p. sesh reddy : air1996sc2627 , held that the whole concept of ..... the husband of the said deceased, krishna murari had filed a claim petition, being the claim petition no. 377 of 2000 under sections 140 and 166 of the motor vehicles act, 1988 (hereinafter called 'the act') impleading one rajesh kumar jain as defendant no. 1 in the case, who was insured and the present appellant new india assurance .....
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