Court : Allahabad
Decided on : Apr-25-2006
Reported in : 2006(3)AWC2550
..... provided that, in every suit heard by a court of small causes, the summons shall decide definitely as to whether the restoration application could be made under section 151 of the code of civil procedure only. the law, however, remains that, for whatever reason the suit may have been dismissed, an application for restoration ..... the defendant-respondent has submitted that as no application has been filed by the petitioner for condoning the delay as provided under article 122 of the limitation act, the application itself was not maintainable and was liable to be dismissed. taking into consideration the aforesaid fact, the revisional court has allowed the revision on ..... learned civil judge was not correct in his approach in rejecting the application of the plaintiff revisionist as beyond limitation on analogy of article 122 of the limitation act. the said application being within limitation under article 137, deserves to be considered and disposed of on merit.10. in view of the aforesaid fact, .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-25-2006
Reported in : AIR2006All300; 2006(3)AWC3114
..... variation or setting aside has been necessitated by a change in the circumstances, or unless the court is satisfied that the order has caused undue hardship to that party.section 94. supplemental proceedings.-in order to prevent the ends of justice from being defeated the court may, if it is so prescribed -(a) issue a warrant to arrest ..... aid of the exercise of the power under rules 1 and 2. it is not an enabling provision also and it does not prescribe power as contemplated in section 94(c). rule 3 simply prescribes the procedure for grant of injunction before issuing notice. the hon'ble single judge in the aforesaid case has thus concluded that ..... plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property (or dispossession of the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-25-2006
Reported in : [2006(110)FLR438]
..... expression an end to service to fall within the definition of the expression 'retrenchment' in section 2(oo) of the act. there was nothing of the sort in the instant case. it was the workman who ceased to report for duty...therefore, this is a case in ..... nothing whatsoever to put an end to his employment and hence, the case does not fall within the meaning of section 2(oo) of the act. therefore, the case does not attract section 2 (oo) nor does it satisfy the requirement of section 25-f.in buchingham and carnatic co. ltd. v. venkatiah and another : (1963)iillj638sc , while dealing with ..... distinction between 'retrenchment' and 'abandonment' from service, observing as under:retrenchment t within the meaning of section 2 (oo) means termination by the employer of the service of the workman for any reason whatsoever. therefore, it contemplates an act on the part of the employer which puts an end to service to fall within the definition of the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-26-2006
Reported in : (2009)20VST196(All)
..... indian made foreign liquor from the distillery to various government bonded warehouses. question for consideration was whether the transportation charges was liable to tax under section 3-f of the act. the contention of the petitioner was that the transportation charges were paid for service under the agreement and there was no transfer of right ..... the appeals in part. tribunal has reduced the turnover but upheld the orders of the assessing authority levying the tax of the hire charges under section 3-f of the act.3. heard learned counsel for the parties.4. learned counsel for the applicant submitted that the buses were provided to iffco, bpcl and gec, ..... were provided and hire charges were received as per contract. assessing authority levied the tax on the hire charges received from the aforesaid companies under section 3-f of the act towards transfer of right to use the buses. orders of the assessing authority have been continued in first appeals. applicant filed second appeals before the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-27-2006
Reported in : 2006(4)AWC3713
..... as reference court that 25% of the principal sum awarded shall be deducted from total amount of compensation, therefore, it was only principal sum awarded under section 23 of the act and not total amount of compensation as done by the executing court, which has resulted in an additional liability. in fact, mandi samiti has already given rs ..... to the claimants in accordance with the direction of the apex court, whereby 25% of the development charges is to be deducted from the amount under section 23 of the amended act. this 25% deduction is to be made from the principal amount without adding interest. next date fixed was 13.3.2002 and the parties were ..... sri mandhyan submits that he does not prefer to file rejoinder affidavit as the controversy is not factual.6. section 23(1) of the land acquisition act defines manner in which compensation of the land acquired under the act is to be determined and what are the facts that has to be taken into consideration while calculating the compensation .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-27-2006
Reported in : AIR2006All264; 2006(4)AWC3430
..... order 29 c.p.c. regulates service of process where a suit has already been instituted and it is not in respect of a notice determining tenancy under section 106 transfer of property act. the court below was completely misguided and erred in law while holding the notice invalid, for the reason that it was not served at mumbai office. ..... managing agent is good service within the meaning of order 29 rule 2 c.p.c. the managing agent of corporation is an officer as defined in section 2(11) of companies act 1913 and considering the nature of his duty, he would be principal officer of the corporation as contemplated by order 2 rule 2 c.p.c. in ..... corporation was tenant and this averment was made in paragraph nos. 2 and 3 of the plaint, which stands admitted in the written statement. thus, notice under section 106 transfer of property act is to be given to the tenant determining the tenancy. the tenant/respondent has admitted in paragraph no. 5 of the written statement that the divisional office has .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-27-2006
Reported in : 2006(4)AWC3281
..... a jurisdiction not vested in it by law; or(b) failed to exercise a 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 ..... the u. p. amendment does not affect the conditions provided by sub-section (1) of section 115 of the code of civil procedure.15. the statement of object and reason of civil procedure code u. p. amendment act 2003 reveals that the legislatures had amended section 115 of the code of civil procedure to empower the district judge to ..... by which second proviso has been added to sub-section (3) of the section 115 of the code of civil procedure. according to learned standing counsel these two ordinances have been incorporated in section 115 of the code of civil procedure by civil procedure code (u. p. amendment; act, 2003 (u. p. act no. 14 of2003). the said amendment has .....
Tag this Judgment!Court : Allahabad
Decided on : May-04-2006
Reported in : 2006(4)AWC3467
..... application.7. learned counsel for the petitioner has further argued that grand sons are included in the definition of 'family' of the tenant, as given under section 3(g) of the act, hence their need shall also be considered and their hardships shall also be compared. i do not agree with this argument. the purpose of giving definition of ..... arising out of eviction/ release proceedings initiated by original landlord petitioner bachchu lal since deceased and survived by his widow on the ground of bonafide need under section 21 of u.p act no. 13 of 1972 in the form of rent case no. 170 of 1975.3. in the release application, it was stated that landlord required ..... for devolution of tenancy after the death of the tenant has been provided. it is not controlled by section 3(g) of the act. the definition of the 'family' under section 3(g) of the act is not for the purposes of inheritance of tenancy. even otherwise, grand sons did not show what efforts they made to search alternative accommodation. .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2006
Reported in : 2006(4)AWC3411
..... detriment or impediment to the shop in the sense that it could be called an allied business in expanding concept of departmental stores. under clause (d) of section 20(2) of u. p. act no. 13 of 1972, a tenant can be evicted from a building after determination of his tenancy, if the tenant has without the consent in writing ..... with regard to the constructions, structure alterations made in the building as it is likely to diminish its value or utility or disfigured it, as required under section 20(2)(c) of the act, is liable to be set aside on the short ground that such constructions etc. were made in the year 1970 vide para 9 of the plaint itself ..... -applicants. no evidence in rebuttal could be produced by the tenant applicant and these constructions, structural alterations and additions clearly falls within the mischief of section 20(2)(b) and (c) of the act.15. recording of the evidence of the plaintiff was started on 1.2.1985. on this date examination-in-chief was recorded and 18.2. .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2006
Reported in : 2006(4)AWC3242
..... same is successfully challenged and the real state of affair is shown to be different from what is stated in the government publication. the notification under section 8 of the act has admittedly been issued on 6.5.1972 and urban area zamindari has been abolished over agricultural areas within the municipal limits of district ballia. ..... genuine or not.10. the contention of the learned counsel for the petitioner that entries in the khewats would be presumed to be true under section 44 of land revenue act cannot also be construed in his favour inasmuch as the entries in the original khewats itself have been stated to be forged, fictitious and made ..... land was demarcated as agricultural land within the municipal limits of ballia which comprised of villages middhi and bishunipur. a notification dated 6.5.1972 under section 8 of the act was issued vesting such agricultural areas, as demarcated, in the state of u.p. free from all encumbrances. upon issue of the notification certain licensees .....
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