Court : Allahabad
Decided on : Aug-04-2003
Reported in : 2003(4)AWC3289; (2003)3UPLBEC2587
..... misconduct in the discharge of his duties. the proviso to section 29 states that if an adhyaksha is prima facie found to have committed financial and other irregularities, he can be stopped from performing financial and administrative functioning until he ..... 4. we have perused the findings of the preliminary enquiry and they are very serious in nature. a large number of them are regarding grave financial irregularities.5. under section 29 of the u. p. kshettra panchayats and zila panchayats adhiniyam, 1961 the state government can remove an adhyaksha if in an enquiry, he is found guilty of ..... of hearing to the accused since it is only a fact-finding enquiry to determine whether a regular charge-sheet should be given or not, yet the authorities acted very fairly and gave a show cause notice to the petitioner but the petitioner did not reply to the same.7. the findings in the impugned order are .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-2003
Reported in : 2003(4)AWC3266
..... prohibit the dispensing of medicines on the prescription of a medical practitioner otherwise than by or under the direct and personal supervision of a registered pharmacist. section 3 of the 1948 act provides for the constitution of a central council by the central government by the name of pharmacy council of india having a perpetual succession and a common ..... approved course of studies ; (c) the subjects of examination and the standard therein to be attained ; and (d) any other conditions of admission to examinations. section 12 of the 1948 act then makes a provision for approval of the courses of study for pharmacists by the pharmacy council of india. it also provides for approval by the central council ..... include amongst others, a representative of the pharmacy council of india. chapter iii deals with power and the functions of a.i.c.t.e. under section 10 of the 1987 act, it is the duty of the a.i.c.t.e. to take all such steps as it may think fit for ensuring coordinated and integrated .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-2003
Reported in : 2003(4)AWC3287; (2003)3UPLBEC2500
..... which was received back with the endorsement of refusal. the respondent workman raised an industrial dispute which was referred by the state government under section 4k of the u. p. industrial disputes act and the same was registered as adjudication case no. 148 of 1981. both the parties filed their written statement and led their evidence. ..... decision, but the labour court, for whatever reasons, has glossed over it.7. therefore, in my opinion, the finding of the labour court that provisions of section 6n were not complied, is perverse and against overwhelming evidence on record.8. though the counsel for the petitioner has raised several otherarguments, but in view of the ..... the workman was asked to collect his compensation and notice pay later, the apex court in these circumstances held that the offer was not substantial compliance of the section. in the present case, the total amount was mentioned including the monthly pay, etc. the workman did not dispute the amount which was offered, he .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-30-2003
Reported in : (2004)191CTR(All)189
..... since the assessee has not offered any capital gains for taxation during asst. yr. 1991-92, income to that extent has escaped assessment. issue notice under section 148 r/w section 147 of the act.'17. from the above what can be seen is that the ao has first noticed schedule 'd' forming notes annexed to and part of the balance ..... seeking to convert the present petition into an appeal, requiring this court to go into merits of the case, which is not permissible except by second appeal under section 260a of the it act, only on substantial question of law, which the petitioner has done.13. in the light of the above, it will have to be decided whether before the ..... extraordinary jurisdiction. next, reliance is placed in the judgment of gkn driveshafts (india) ltd. v. ito (2003) 259 itr 19, to contend that when a notice under section 148 of the it act, 1961, is issued, the proper course of action for the noticee is to file the return and, if he so desires, to seek reasons for issuing the notices. .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-30-2003
Reported in : 2003(4)AWC3305
..... daily wages in 1983 and continued to work till 1985 and thereafter he was discontinued and the petitioner's services were discontinued without observing the provision of section 6n of the u. p. industrial disputes act, and therefore, the relationship of the master and servant did not snap and continue to exist as held by the supreme court in lal mohd. and .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-29-2003
Reported in : 2004CriLJ1340
..... mahesh chandra of p.s. nauchandi had arrested ved prakash, s/o baljeet, r/o abdullahpur, p.s, bhawanpur, district meerut in case crime no. 157 of 1992 under section 60 excise act at rajendra nagar, nauchandi. he was brought to police station nauchandi at 2.10 am. the report of the case (ext. c.i.) was prepared by constable kure singh ..... fair, ved prakash (p.w. 2) was arrested by the police of p.s, nauchandi in the said fair at about 12 in the night in a case under section 60 excise act. when ved prakash (p.w. 1) was arrested, he asked appellant hussain ali to take back his brother bhimsen (c.w. 1) and his daughter km. sarvesh to his ..... .w. 8) , who made an endorsement of the same at g.d. report (ext. ka-6) and registered a case under sections 302, 201 and 376 ipc and section 3(1)(xii) s.c. and s.t. (prevention of atrocities) act.4. investigation of the case was taken up by sri ahmad hussain (p.w. 9) . the i.o. interrogated the complainant bharat .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-2003
Reported in : 2003(4)AWC3046
..... chand, air 1967 sc 884, the statutory declaration that post of home guard is not a civil post, cannot be ignored. the said statutory provision (explanation to section 10 of the act) has to be given purposeful meaning and to be duly honoured. in our humble but considered opinion, there is no conflict between article 311, constitution of india ..... prasad tewari (supra).27. having considered respective contentions at the bar as well as the aforesaid judgments, we have no doubt that so long as explanation attached to section 10 of the act continues on the statute, even if a service or post has incidences, of 'civil service'/ 'civil post' as held by supreme court in the case of ..... ' is a civil service. a 'home guard' may have incidence of 'civil service', but it cannot be treated as such because of the explanation attached to section 10 of the act which unequivocally declares it to be not a 'civil post'.19. article 311 of the constitution is not relevant so long it is found that 'post' under .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-25-2003
Reported in : (2004)ILLJ4All
..... amount of subsistence allowance cannot be termed as wages and therefore, the authority under the payment of wages act has no jurisdiction to pass the impugned order in view of the definition of wages defined under section 2 sub-section (vi) of the payment of wages act. this contention has rightly been rejected by the prescribed authority as well as by the appellate authority ..... .2. heard learned counsel for the parties. by means of this writ petition, petitioner has challenged the order passed by the prescribed authority under the provisions of payment of wages act and the order passed by the appellate authority whereby the appellate authority confirmed the order passed by the prescribed authority. prescribed authority has allowed the payment of subsistence allowance amounting .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-24-2003
Reported in : 2003(4)AWC2853
..... pradesh government gazette (extra-ordinary) dated 31st december, 1967, the state government in exercise of the power under sub-section (3) of section 1 of the act, declared that all the provisions of the act, excluding section 135 thereof, shall come into force with effect from january 26, 1968. no notification appointing the date of enforcement ..... has held that 'question for consideration, therefore, is whether the petitioners can be said to have been retrenched within the meaning of section 25f of the industrial disputes act? every department of the government cannot be treated to be an industry when the appointments are regulated by the statutory rules, the concept ..... record has arrived at the conclusion that the termination of the services of the workman concerned without complying with the provisions of section 6n of the u. p. industrial disputes act, 1947, is illegal and unjustified and directed reinstatement of the workman concerned with continuity of service and full back wages.7. .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-22-2003
Reported in : (2004)91TTJ(All)643
..... the impugned order shows that the assessing officer issued notice under section 131 of the income tax act through inspector to those six agents out of which five summons returned unserved. therefore, the commissioner (appeals) has taken adverse presumption against ..... of those agents with the assessee. the assessing officer has also referred the matter to the dy. cit for initiating the proceedings under section 269ss of the income tax act. the order of commissioner (appeals) shows that the paper book-was referred to the assessing officer for his comments. the finding in ..... on the same matter by the dy. commissioner (appeals), varanasi. therefore, the assessing officer was not justified in making the addition. under section 68 of the income tax act. the learned departmental representative on the other hand, argued that the parties were not produced before the assessing officer for verification, therefore, the .....
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