Court : Allahabad Lucknow
..... condonation of delay. the employer contested the proceeding by filing objections to the delay condonation application and also preliminary objection regarding maintainability of the application under section 20 (2) of the act. 5. respondent no.2, by separate orders, condoned the delay and admitted the applications for hearing on merits. on the basis of the ..... be paid to the employee. 9. i have considered the submissions made by learned counsel for the parties and perused the records. relevant part of section 20 of the act is as under:- "(1) the appropriate government may, by notification in the official gazette appoint any commissioner for workmen's compensation or any officer of ..... and substance, the claims made in the applications is regarding payment of less than the minimum rates of wages. such claim is specifically covered by section 20 of the act. 14. when an employee claims that he is being paid less than the minimum wages, it is ordinarily implicit in such claim that the employer .....
Tag this Judgment!Court : Allahabad Lucknow
..... ) a guardian appointed by the will of the child's father or mother, and (b) a guardian appointed or declared by a court; and'. 4. amendment of section 11.- in section 11 of the principal act, in clause (vi), after the words "from the family of its birth", the words "or in the case of an abandoned child or a child whose parentage ..... or not, cannot be permitted to be sustained. the child master ansh can, therefore, be "regarded as hindu" both in terms of explanation (b) and explanation (bb) to section 2 (1) of the act. in the light of above, since the child has been brought up as a hindu and has been abandoned by his parents (reasons for arriving at the conclusion ..... previous permission of the court. but this power can be exercised only by a testamentary guardian or a guardian appointed or declared by the court as specified in section 9 (4) of the act. a person having the care and custody of a child has, however, no power to give the child in adoption although for all practical purposes he is .....
Tag this Judgment!Court : Allahabad Lucknow
..... it is only after the judgment is both pronounced and signed that alterations or additions are not permissible, except in very exceptional circumstances or under the provisions of section 152 of the code of civil procedure. it has been clarified that while the court has undoubted power to alter or modify a judgment, delivered, but not ..... pronouncement of a judgment in court whether immediately after the hearing or after reserving the same to be delivered later should ordinarily be considered as the final act of the court with reference to the case. bose j. emphasised the feature that as soon as the judgment is delivered that becomes the operative pronouncement of ..... not their judgment. they may write and exchange drafts. those are not the judgments either, however heavily and often they may have been signed. the final operative act is that which is formally declared in open court with the intention of making it the operative decision of the court. that is what constitutes the "judgment". 12 .....
Tag this Judgment!Court : Allahabad Lucknow
..... trailers to transport agricultural materials. agricultural tractor is a non transport vehicle." 6. accordingly, he submitted that taking into consideration the above said rule as well as section section 147 (1)(b)(ii) of the act, quoted herein below:- "147. requirements of policies and limits of liability- (1) (b)(ii) - against the death of or bodily injury to any ..... vehicles which are subject-matter of insurance are dealt with in chapter viii of the old act and chapter xi of the act. proviso to section 147 of the act (sic) is to be (sic) with section 96 of the old act. proviso to section 147 of the act reads as follows: 'provided that a policy shall not be required (i) to cover ..... that "for a death and injury to a passenger in a tractor, the insurance company could not be made liable, for, there exists no obligation under section 147 of mv act to cover the risk for a person who was traveling in a vehicle which was not fit to carry passengers. the issue of whether the insurance company could .....
Tag this Judgment!Court : Allahabad Lucknow
..... vide order dated 9.5.2000 by special/anti corruption in criminal case no. 3/1993 under section 120-b, 420, 419, 467, 468 i.p.c. and sections 13(2), 13(1) of prevention of corruption act. the petitioner preferred criminal appeal no. 482 of 2000 against his conviction and the court finally allowed ..... and a character of uncorrupted virtue. it is synonymous with probity, purity, uprightness, rectitude, singlessness and sincerity. the charge of negligence, inadvertence or unintentional acts would not culminate into the case of doubtful integrity." the petitioner has misutilized the funds of the bank for personal gain as the petitioner had not created ..... ahmed's case (supra) referred to the definition of misconduct in stroud's judicial dictionary which is as under:- "misconduct means, misconduct arising from ill motive; acts of negligence, errors or judgment, or innocent mistake, do not constitute such misconduct." supreme court in rasiklal vaghajibhai patel case (supra) held that it is necessary .....
Tag this Judgment!Court : Allahabad Lucknow
..... placed by the respondent on the word "presence". one must also take note of the definition of the term 'evidence' as defined in the indian evidence act. section 3 of the indian evidence act reads as follows: "evidence--evidence means and includes-- (1) all statements which the court permits or requires to be made before it by witnesses, ..... , is caused to the accused. of course, as set out hereinafter, evidence by video conferencing has to be on some conditions. reliance was then placed on sections 274 and 275 of the criminal procedure code which require that evidence be taken down in writing by the magistrate himself or by his dictation in open court. it was submitted ..... being received by them they are supposed to take decision in their discretion in the matter in consonance with the provision made in section 9(6) of the criminal procedure code as amended by u.p. act 1 of 1984 which provides that where it appears expedient to do so for consideration of internal security or public order, the .....
Tag this Judgment!Court : Allahabad Lucknow
..... i am of the view that the learned magistrate at lucknow is vested with the jurisdiction to try the offence committed under section 12(1) of the domestic violence act. section 12 (1) of the domestic violence act is reproduced hereunder:- "12.application to magistrate.- (1) an aggrieved person or a protection officer or any other person on ..... be tried by the court having jurisdiction over the local area of lucknow. the learned magistrate at lucknow has jurisdiction to try the offence under section 179 of the act also as her living at lucknow in parental house is the consequence of the offence committed at gurgaon and it has resulted to en sue the ..... the magistrate does not taken upon the domestic violence report of the protection officer. the said question has been decided according to the provisions of section 27 of the act. according to which the court of magistrate within the local limits of whose jurisdiction the aggrieved person permanently or temporarily resides or carries on business .....
Tag this Judgment!Court : Allahabad Lucknow
..... aged about 21 years and was agriculturist and was also doing some business. the claimants approached the tribunal for payment of compensation under section 166 of the motor vehicles act. the tribunal has framed the following issues while adjudicating the controversy :"1. whether on 7.3.03 at about 2 p.m ..... co. limited and another.10. in the case of smt. rita devi(supra), it was held that if the dominant intention of the act of felony is to kill any particular person, then such killing shall not be an accidental murder but shall be a murder simplicitor but ..... this court has decided the identical issue where a person had fallen down from the bus after considering various statutory provisions of the motor vehicles act and relying upon the judgment of hon'ble supreme court in [2000(2)tac 213(sc) smt. rita devi and others versus new ..... 1. this is a first appeal from order under section 173 of the motor vehicles act has been preferred against the impugned award dated 17.11.2007, passed in m.a.c.p. no. .....
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