Court : Allahabad
Decided on : Sep-19-2003
Reported in : (2003)3UPLBEC2822
..... , but his services were terminated with effect from 14th november, 1986. while terminating the services of the workman concerned, the provisions of section 6-n of the u.p. industrial disputes act, 1947 (here-in-after referred to as the 'act') have not been complied with and no retrenchment compensation was paid to the workman by the employers.5. as against the case ..... by cogent reasons and material evidences on record. this being the factual position that the workman concerned is not covered by the definition of the 'workman' as given under the act, the view taken by the labour court that the workman concerned is not entitled for any relief do not warrant any interference by this court in exercise of power under .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-19-2003
Reported in : [2006]143STC493(All)
..... at the exit check-post. in case, if the form xxxiv is not surrendered, it is the transporter against whom the presumption is drawn as contemplated under section 28-b of the act and the transporter would be treated as 'dealer'. it is made clear that transporter may be owner of the vehicle, which includes hirer and person-in-charge ..... has the power to make a law with respect to any subject it has all the ancillary and incidental powers to make the law effective.the provisions of section 28-b of the act and rule 87 of the rules which are impugned in these cases as mentioned above are just machinery provisions. they impose no charge on the subject. they ..... at rs. 16,62,548, a sum of rs. 6,65,019 was demanded towards the security in cash. applicant filed an application under the proviso of section 13-a(6) of the act before the deputy commissioner (sahayata kendra/mobile squad), trade tax, agra, which was rejected vide order dated january 6, 2003. applicant further filed appeal before the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-19-2003
Reported in : 2004CriLJ1348
..... that the right of private defence may even extend to causing death, but this right of private defence can be exercised only as against certain criminal acts which are enumerated in that section. the right of private defence of property would extend to causing death only in the case of robbery, house-breaking by night; mischief by fire ..... , it is evident that they had intention of committing more harm than was necessary for the purpose of self-defence. therefore, the acts committed by the appellants will not come within the exception 2 of section 300, i.p.c, so as to make it culpable homicide not amounting to murder.' 30. as mentioned above, chhitu prasad ..... for their individual's role. but since there was no specific charge under section 302, i.p.c. simpliciter against them, they could not be convicted and sentenced under section 302 read with section 149, i.p.c.23. he further contended that the appellants had acted in exercise of right of private defence and therefore no offence was made .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-2003
Reported in : (2004)186CTR(All)541; [2004]267ITR370(All)
..... assessee dismissed to be allowed.15. as regards the second question referred i.e., whether the assessee was anindustrial company under section 7 of the finance act, 1979, the finding of thetribunal is recorded in para 14 of the tribunal's order. the tribunal has relied onthe decisions ..... . yr. 1979-80?(ii) whether, on the facts and circumstances of the case, the assessee is an 'industrial company' under section 2(7) of the finance act, 1979 ?'2. heard learned counsel for the parties.the relevant asst. yr, is 1979-80. the assessee is a private limited ..... rebate wasallowed on an x-ray machine installed by the assessee. similarly it was alsoheld that a radiologist was entitled to investment allowance under section 32a(2) onx-ray machine. the cbdt in circular no. 347 dt. 7th july, 1982, has acceptedthis judgment. we are also in ..... m. katju, j.1. this is an it reference under section 256(1) of the it act in which the following questions have been referred to us for our opinion :'(i) whether, on the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-2003
Reported in : (2004)188CTR(All)40; [2003]264ITR273(All)
..... tribunal has decided in favour of the assessee and held that the investment allowance should be allowed to it 5. section 2(30) of the motor vehicles act, 1939, defined 'tractor' as follows : 'tractor means a motor vehicle which is not itself constructed to carry ..... assistant commissioner of income-tax (asst.) that the investment allowance should be allowed to the assessee according to the provisions of section 32a ?' 2. the assessee is a u.p. government undertaking which had been established for industrial and agricultural development of ..... m. katju j. 1. this is an income-tax reference under section 256(1) of the income-tax act, 1961, in which the following questions have been referred to us for our ..... section in respect of,-- ... (b) any office appliances or road transport vehicles.' 8. the short question which arises in this case therefore is whether the tractors in question are road transport vehicles 9. the expression 'road transport vehicles' has not been defined in the income-tax act .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-2003
Reported in : [2003]132TAXMAN62(All)
..... assessee dismissed to be allowed.15. as regards, the second question referred le., whether the assessee was an industrial company under section 7 of the finance act, 1979, the finding of the tribunal is recorded in para 14 of the tribunals order. the tribunal has relied on the ..... assessment year 1979-80 (ii) whether on the facts and circumstances of the case the assessee is an 'industrial company' under section 7 of the finance act, 1979 ?'2. heard learned counsel for the partiesthe relevant assessment year is 1979-80. the assessee is a private limited company ..... on an x-ray machine installed by the assessee. similarly it was also held that a radiologist was entitled to investment allowance under section 32a(2) on x-ray machine. the cbdt in circular no. 347 dated 77-1982 has accepted this judgment. we are also ..... orderm. katju, j. this is an income-tax reference under section 256(1) of the income tax act in which the following questions have been referred to us for our opinion.'(i) whether on .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-2003
Reported in : 2004(2)AWC1009
..... 2) jclr 418 (all), and contended that in this case the learned single judge has held that after insertion of clause (ca) in sub-section (3) of section 68 by motor vehicles amendment act, 1994, the power to create route for plying of stage carriage cannot be exercised by the regional transport authority ; such has to be exercised ..... -mawai-chhiblaha-aara machine-narauli.3. learned counsel for the petitioner has contended that in view of sub-clauses (3) and (4) of section 68 of the motor vehicles act, the state government is not competent to create route for plying of vehicles on the principles and formula laid down by the state government. as ..... the legislature, unless the language is ambiguous or its literal sense give rise to an anomaly,12. in section 3 of the general clauses act, words generally used in various acts have been defined. in section 3(23) of the general clauses act word 'government' or 'the government' shall include both the central government and any state government.13. .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-15-2003
Reported in : 2003(4)AWC3192b
..... 35. the management is to intimate the existing vacancies and vacancies likely to be caused during the course of ensuing (following) academic year to the director under section 12 of the act. the procedure of intimating vacancies has been provided under rule 7 of the u.p. higher education commission rules, 1981 (the rules) (see appendix-5) ..... caused by long leave (leave of more than 10 months). an appointment over such vacancy is to be made under the commission act and not under section 31 (3) (a) of the state universities act. point 2 : section 13 (4)--non-regular vacancy only 31. the supreme court in the case of kamlesh kumar sharma (supra) held that the ..... principal of a degree college should be filled up'. in this connection, we will also consider the scope of sub-section (4) of section 13 [section 13 (4)] of the u.p. higher education services commission act, 1980 (the commission act) and the supreme court decision in kamlesh kumar sharma v. yogesh kumar gupta and ors., (1998) 1 uplbec 743 .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-2003
Reported in : (2004)1UPLBEC73
..... , hon'ble g.p. mathur, j., held that as there is no provision for granting a job in addition of compensation provided for in section 23 of the land acquisition act, no such job can be granted.10. we fully agree with the view taken by hon'ble g.p. mathur, j., in the aforesaid decision. it is ..... acquisition act, for such a government order will amount to amendment of section 23, which will be illegal.9. in writ petition no. 27690 of 1991, dau dayal v. agra development authority and ors., decided on 21.3.1995 ..... has obviously been made to cater to the difficulties of the person whose land has been acquired. there is no provision in the land acquisition act to grant a job in addition to the amounts specified in section 23. hence, any government order for providing a job in addition to that is in our opinion, violative of the provisions of the land .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-10-2003
Reported in : 2003(4)AWC3394
..... that the rule itself contemplates of a police investigation or an enquiry under paragraph 486 (iii) before a police officer is tried departmentally under section 7 of the police act. this departmental enquiry which is preliminary in nature is contemplated under paragraph 486 (iii) of the police regulations. a report of such preliminary ..... enquiry, thus, acquires considerable significance for the purposes of a departmental enquiry faced by a police personnel under section 7 of the police act. the delinquent in such cases necessarily requires copy of this report for the purposes of making out his defence in the departmental proceedings. the ..... that the petitioner was deprived of effective cross-examination of the witnesses examined on behalf of the prosecution during the departmental enquiry under section 7 of the police act. it also cannot be presumed by us that the petitioner had been denied reasonable opportunity of exonerating himself. whether or not there .....
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