Court : Allahabad
Decided on : Sep-10-2003
Reported in : 2003(4)AWC3183
..... interest of the society as a whole but the benefit which is given initially if continued results in increasing injustice to one section of the society and an unwarranted largess or windfall to another, without appropriate corresponding relief, then the continuation of such a law ..... : '26. it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger ..... khan, j. 1. this writ petition has been filed by tenant which arises out of release proceedings under section 21 of u.p. act no. 13 of 1972. release application filed by landlady/respondent no. 3 numbered as p.a. case ..... like the rent control act is concerned, the law must strike a balance between rival interests and it should try to be just to all. the law ought not to be unjust to one and give a disproportionate benefit or protection to another section of the society. .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-10-2003
Reported in : 2003(3)ARBLR653(All); (2003)3UPLBEC2577
..... any disciplinary action leading to the dismissal or removal from service shall be referred for arbitration. 9. secondly in this connection it is relevant to refer to section 16 of the aforesaid act. it reads as follows : '(16) competence of arbitral tribunal to rule on its jurisdiction : (1) the arbitral tribunal may rule on its own ..... by the committee of management first and thereafter the arbitral tribunal shall decide the dispute. aggrieved against the aforesaid order present appeal from the order under section 37 of the aforesaid act has been filed. 4. heard learned counsel for the parties and perused the record. 5. the court below was of the view that the ..... . 1 are proved. consequently he awarded termination of respondent's services. the said order was challenged by the respondent no. 1 by invoking section 34 of the arbitration and conciliation act, 1996 before the court below. the court below by order under appeal, has set aside the award and remanded the matter for fresh consideration .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-10-2003
Reported in : (2004)1UPLBEC113
..... and in order to harass him, the then secretary (respondent no. 3) transferred the petitioner from the post of notice server to the post of chaukidar. this was a malicious act and it is contended that the petitioner was not supposed to work as chaukidar when he was appointed on the post of notice server. he made a representation (annexure-2 .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-09-2003
Reported in : 2003(4)AWC3205; (2003)3UPLBEC2582
..... , satya prakash aged 7 years and km. puja aged five years holding the survivors to be the heirs of the deceased kishun lal under section 3/2 of the indian succession act, 1925 regarding the estate of propositus kishun lal. it is in this perspective that the case of the petitioner has to be taken into ..... the petitioner had predeceased the grandfather.8. reverting to the rules, 1975, it is noticeable that the rules were framed in exercise of powers under section 79(c) of the electricity act, 1948. in framing scheme for compassionate appointment, the underlying policy and object does appear to me to enable the family of the deceased employee to ..... that they shall include. in the case under reference, the factory was seasonal factory within the meaning of section 1(4) of the employees' state insurance act, 1948 which was excluded from the operation of the act.6. subsequently amending act 44 of 1966 came into force and definition of seasonal factory was amended. after the amendment, the employees .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-05-2003
Reported in : 2003(4)AWC3222
..... an unregistered trade mark, sub-section (2) of section 27 provides that the act shall not be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in ..... answer to the question whether the sound of one word resembles too nearly the sound of another so as to bring the former within the limits of section 12 of the trade marks act, 1938, must nearly always depend on first impression, for obviously a per.....is familiar with the words will neither be deceived nor confused. it is the ..... in respect of which trademark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by the act. in the case of an unregistered trade mark, section 27(1) provides that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-04-2003
Reported in : 2003(4)AWC3187
..... is alleged that the rules framed by the excise commissioner conferring power upon himself to sanction new shops to be opened is without jurisdiction and in violation of section 40 of the act. 9. the respondents have filed a counter-affidavit and we have perused the same. in paragraph 3 of the same it is stated that a bare ..... compounded. the petitioner was manipulating the records and his sale was much higher than the minimum guaranteed quantity. 11. it is stated that as per section 24b of the u.p. excise act and several decisions of the supreme court the petitioner has no fundamental right to trade in intoxicants and the state government has exclusive right or privilege ..... and unjustified vide annexure-4 to the writ petition. against the order of the excise commissioner dated 23.6.2003 rameshwar dayal filed representation under section 11 of the u.p. excise act before the state government which is pending but no stay order has been passed. 7. in paragraph 23 of the writ petition it is alleged .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : 2005ACJ1739
..... the share of minor for the welfare and benefit of minors.15. registry is also directed to remit sum of rs. 25,000 deposited in this court under section 173 of the motor vehicles act as also lower court record forthwith to the concerned tribunal.16. in the result, f.a.f.o. no. 385 of 1987 stands allowed subject to above .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : (2004)1UPLBEC85
Vineet Saran, J.1. Vishwa Nath Rai, father of the petitioner, was Headmaster in Panchayat Junior High School, Mithaura Bazar, District Maharajganj, which was a recognised Government aided Junior High School. He died-in-harness on 20.4.1990. The petitioner applied under the Dying-in-Harness Rules, 1974 for appointment as an Assistant Clerk or Assistant Teacher on compassionate ground claiming that he was duly qualified for being so appointed. Several reminders were sent to the respondents and since no orders were passed by the respondents, the petitioner filed this writ petition praying for a writ of mandamus directing the respondents to give appointment to the petitioner.2. I have heard Sri Vashistha Tiwari, learned Counsel appearing for the petitioner as well as Sri R.C. Dwivedi, learned Counsel appearing for the respondent-School and learned Standing Counsel for the State-respondents.3. The contention of the learned Counsel for the petitioner is that even though the father of the pet...
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : 2003(4)AWC3055; (2004)IILLJ119All
..... the petitioner's suitability and we find her suitable to be appointed as regular lecturer, and we hold that she fulfils all the requirements of section 31 (3) (c) of the act.52. against the judgment in sangeeta srivastava's case, an s.l.p. was filed in the supreme court which was dismissed by the ..... mentioned that in dr. sangeeta srivastava's case (supra), the petitioner had prayed for regularization of service as lecturer in the university under section 31 (3) (c) of the u.p. state universities act, but the executive council of the university rejected the petitioner's claim stating that the petitioner did not fulfil the essential qualifications under ..... section 31 (3) (c). the court held that the petitioner fulfilled all the qualifications under section 31 (3) (c) except that there was no finding .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-26-2003
Reported in : [2004]51SCL272(All)
..... broadly speaking, two options are open to the financial corporation if an industrial concern has defaulted in repayment of the loan. it may proceed under section 29 or section 31 of the act which will invariably result in closure of the unit, or it may reschedule the loan or enter into a settlement on some favourable terms to the ..... entrepreneurs in setting up industries in that area. it may be carrying on a business which is of public utility and its closure may adversely affect a large cross section of people. in these types of cases, the financial corporation, having regard to the public interest involved, may, in its discretion, enter into a settlement so that ..... 3-2003, annexure 2 to the writ petition.2. heard learned counsel for the parties.3. the petitioner is a private limited company registered under the indian companies act and is having its factory at sikandra industrial area, agra. the petitioner took a loan from the respondent bank whose sanctioned limit is rs. 27 lacs as stated .....
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