Court : Allahabad
Decided on : Nov-04-2003
Reported in : 2004(1)AWC533; (2004)1UPLBEC849
..... the petitioner had neither been given any show cause notice nor any pay in lieu of the notice period or retrenchment compensation as provided under section 6n of the act. thus, the provisions of section 6n have not been complied with. in this view of the matter, the order of the labour court does not suffer from any legal ..... court did not accept the plea of the employer that the workman was employed for specified work and for some specified period. it found that the provisions of section 6n of the act, were not complied with and, therefore, the retrenchment is bad.9. so far as the question as to whether the petitioner is an 'industry' or ..... by the petitioner that it does not come within the ambit of the definition of the word 'industry' and the provisions of section 4k of the act, has no application. consequently, the provisions of section 6n of the act, will have no application. the labour court after considering the written statements, the objections and the material and evidence on record, .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-04-2003
Reported in : 2004(1)AWC487
..... grade, have to be filled up by way of promotion and, therefore, he is entitled for being promoted. according to him, under section 3 (1) (a) of the regulations framed under the 1921 act the seniority list has to be prepared for each grade of teachers and it does not exclude the ad hoc appointment. he relied upon ..... , the provisions of the u.p. secondary education services and selection board act, 1982 (hereinafter referred to as 'the 1982 act') is not applicable in view of the specific provision made in section 30 of the 1982 act. according to him, if the provisions of the 1982 act are not applicable to the college in question, his appointment in the year ..... post and on short term basis. it may be mentioned here that under section 16e (11) of the 1921 act the provisions have been made for making appointment in case of temporary vacancy. in the year 1992, when the petitioner was appointed, the provisions of 1982 act were applicable to the college in question. at that time, the substantive .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-30-2003
Reported in : 2004(1)AWC280; [2004]53SCL119(All)
..... importantly on their moral statute. in carrying out the activities in a stock exchange the members thereof should be men of valour, prudence, level-headed and act with wisdom even in the most adverse circumstances. they must also be men of good financial stability, considerable experience, capable of assessing the market psychology etc ..... of internal regulation at all. dealing with the work or duty of the stock exchange and its nature/status, the court observed as under :'under the act, stock exchange means any body of individuals, whether incorporated or not, constituted for the purpose of assisting or controlling the business of buying, selling or ..... compelling circumstances to protect the innocent depositors or shareholders from fraud, etc., by the members of the association. if the society registered under the cooperative societies act, 1965, is superseded by the registrar of the societies, and the administrator is appointed, that itself would not make the society amenable to the writ .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-29-2003
Reported in : [2005]277ITR98(All); [2004]141TAXMAN651(All)
..... case of gauri shankar chowdhury (supra), the patna high court has held that appeal, reference or revision or any other proceedings before a court under section 150(1) of the act must relate to the assessee in question and not any direction or assessment made in appeal, reference or revision in the case of any other assessee ..... and could not be reopened due to bar of limitation, that was attracted at the relevant time to the proposed reassessment proceedings under the provisions of section 149 of the act.it has further held as follows :'a fiscal statute more particularly a provision such as the present one regulating period of limitation must receive strict construction. ..... have been seized be released. according to the petitioner, immediately thereafter the respondent no. 4 issued notices dated 20-11-2003 purporting to be under section 148 of the act in respect of the assessment years 1989-90 to 1994-95. the said notices are under challenge in the present writ petition on the ground that .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2003
Reported in : 2004(1)AWC214
s.u. khan, j.1. this is tenant's writ petition arising out of eviction/release proceedings initiated by landlady respondent no. 1 under section 21 of u.p. act no. 13 of 1972 against the petitioner.2. property in dispute is a shop. the landlady initially pleaded that after the death of her husband (which occurred about ..... appellate court that the said grandsons are aged about 20 to 23 years and are not doing any job. grandsons are included in the definition of the family given in section 3(g)(ii) (male lineal descendants). with regard to paralytic stroke, the landlady stated that she had recovered and was capable of doing normal physical work.4. it ..... , 1981) and is even denying his liability to pay the rent, disentitles him to seek the discretionary relief by invoking writ jurisdiction of the high court. such conduct acts as a bar against exercise of writ jurisdiction. if the writ petition is allowed, it would mean that the tenant petitioner would be entitled to continue in possession without .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2003
Reported in : (2004)1UPLBEC310
..... of the rules of 1992. it is contended that rule 27 provides for relaxation from the condition of service. i am not able to appreciate the contention. the relaxation under section 27 is to be in respect of particular case, for which there should be satisfaction recorded by an order to be passed by the state government. a relaxation is given ..... were admittedly appointed later and have been placed above petitioners. the petitioners have been placed at serial no. 197, 212, 224, 202 respectively. it is contended that the excise commissioner acted illegal, arbitrarily and against the seniority rules of 1991, in changing seniority position which was rightly obtained from 1994 onwards.8. sri ashok khare, senior advocate assisted by sri krishna .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-2003
Reported in : 2004CriLJ2132
..... the guilt of the accused-respondent no. 1 suraj singh was established. he shot dead his close relative jagat singh without any justification whatsoever. he committed an offence under section 302, ipc. we would, therefore, allow this appeal in part. having regard to the totality of facts and circumstances, we would award him life imprisonment for the ..... . 2 kapoori devi, we reverse the finding of acquittal in respect of the other accused-respondent no. 1 suraj singh. we find him guilty of an offence under section 302, ipc for murdering jagat singh and convict him therefor. he is sentenced to undergo life imprisonment for said offence.19. the accused-respondent no. 1 suraj singh, ..... state has come up in appeal against the judgment of acquittal dated 3-9-1997 passed by sri sardar akhtar, the then addl. sessions judge/special judge (e.c. act), mainpuri in sessions trial no. 169 of 1993. the two accused-respondents-suraj singh and his wife smt. kapoori devi were tried for an offence under s. 302, .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-2003
Reported in : 2004CriLJ1904
..... tried to emphasise that karan (p. w. 1) and his wife smt. makkhan (p. w. 2) were produced before the magistrate for recording their statements under section 164 cr. p. c. in which they fully supported the facts/circumstances leading to the commission of multiple murders in this case. the learned counsel has contended that these ..... smt. makkhan, smt. radhiya, smt. parvati, phool chand and other formal witnesses also. the statements of complainant karan and his wife smt. makkhan were also recorded under section 164 cr. p. c. before the magistrate.after completing all the formalities of investigation p. w. 10 submitted charge-sheet in this case.6. on the materials submitted ..... of rs.5,000/-, in default of payment of which he was further directed to undergo rigorous imprisonment for one year; and(c) for the offence punishable under section 302 read with section 149 i. p. c. he has been sentenced to death. the appellants jagdish, dhira, nathuram, beera, mangi lal, ram dayal, ramdas, gyasi ram and .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-22-2003
Reported in : (2004)1UPLBEC64
..... is annexed as annexure-'i' to the writ petition.2. the following dispute was referred to by the state government in exercise of power under section 4-k of the u.p. industrial disputes act, 1947 (in short 'act'), to the labour court for adjudication :^^d;k lsok;kstdksa }kjk vius jfedjfo dqekj xqirk] iq= jh lqunjyky xqirk voj vfhk;urk dh fnukad .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-22-2003
Reported in : (2003)185CTR(All)505; [2004]265ITR474(All)
..... 2002]257itr16(delhi) , wherein after considering large number of judgments it was held that the power of the tribunal to amend an order passed by it under section 254(2) of the act is very much limited, it is confined to rectification of a mistake apparent from the record. the tribunal has no inherent power of review, therefore, under the ..... the appeal has again been decided on merit ex parte vide judgment and order dt. 25th oct., 2002. being aggrieved appellant again filed an application under section 254(2) of the act and the said application has been dismissed vide impugned order dt. 26th feb., 2003. hence this appeal.5. shri piyush agarwal, learned counsel for the appellant ..... before the tribunal, however, the appeal was disposed of ex parte vide order dt. 29th dec., 2000, being aggrieved, appellant filed an application under section 254(2) of the act on the ground that the ex parte judgment and order of the tribunal was liable to be recalled on the ground that the appellant had not been .....
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