Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC252; (2004)1UPLBEC252
..... meritec india ltd. v. state of u. p. and ors., 1996 (3) awc 2.220 (noc) : 1996 flr. this court has held as under :'section 5c (1) of the act provides that subject to any rules that may be made in this behalf, a labour court shall follow such procedure as it may think fit. it is, therefore ..... the regional conciliation officer, varanasi. on conciliation proceedings having failed, the following reference was made by the state government in exercise of powers under section 4k of the u. p. industrial disputes act, 1947 :'kiya sewayojkon dwara apne shramik basudev gupta putra shri bachnu gupta kee sewayen dinank 1.6.1995 se samapt kiya jana uchit tatha/ ..... the petitioner has force.16. the contention of the respondent is that the labour court held that the employer deliberately retained the attendance register as required to maintain under section 32 read with rule 18 (1) (a) of dookan aur vanijya adhisthan adhiniyam, 1962, that the employer-petitioner has failed to establish that the workman has .....
Tag this Judgment!Court : Kerala
Decided on : Oct-20-2003
Reported in : AIR2004Ker39
..... on the decision reported in mathew elechiamma v. markose korulla, air 1979 ker 178. in that case the first suit was without issue of notice under section 106 of the transfer of property act. when the second suit was filed after notice it was found that the dismissal of the first suit as not pressed will not stand in the way ..... as the first suit within the meaning of order 23, rule 1 (3), civil p.c. the terms 'subject-matter' and 'the same matter' which occurred in the corresponding section 373 of the old code have not been defined, and, must, we think, be construed strictly in a penal provision of this character. without attempting an exhaustive definition of all ..... under order 7, rule 3 of the code of civil procedure. it cannot be forgotten that the right to access to one's residence as 'recognised by indian easements act is a substantive right and that is part of a right to live. therefore, the question has to be considered whether the plaintiff has established his easement right by .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : (2004)2UPLBEC1503
..... any of the provision of the statute. the court must look to the object which the statute seeks to achieve while interpreting the previsions of the act/rules/regulations. a purposive approach for interpreting the provision is necessary.43. it is also settled principle of interpretation of law that any interpretation which leads ..... case falls within the scope of the relevant statutory provisions and that the appellant corporation being a statutory corporation is bound by the life insurance corporation act as well as the statutory regulations and instructions and cannot put aside the same and order compassionate appointment. the supreme court has further pointed out that ..... for nearly twenty years, the family has pulled on apparently without any difficulty and that in this background the tribunal must be held to have acted illegally and without jurisdiction in directing the authorities to consider the case of the respondent for appointment on compassionate ground and to give him appointment if .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-2003
Reported in : I(2004)ACC146; 2004ACJ1125; 2003VIIAD(Delhi)591; 108(2003)DLT589
..... the time of his death, the tribunal has applied the multiplier of 12 instead of 16, as is provided in the second schedule to the motor vehicles act.3. the appellant was employed as the section officer with upsc and was drawing a total salary of rs.6,404/- per month as on the date of the accident. though it is stated ..... deceased was 39 years of age at the time of the accident and the correct multiplier, thereforee, to be applied in terms of the second schedule to the motor vehicles act is 16. applying the multiplier of 16, the total loss of dependency to the family would come to rs.14,40,000/-. adding to this, another sum of rs.20 .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-20-2003
Reported in : ILR2003KAR5019
..... of para 12 of the judgment, it is held as under:'it is only when the material so collected disclosed the commission of an offence under section 5(2) of the act by public servants, that any question of taking the sanction of the magistrate for the investigation arose. in such a situation, the continuance of such ..... case has to be examined on its own facts and circumstances. in the case supra, the questions that came up for consideration are under sections 4 and 5 of the prevention of corruption act,1947. the case against the appellants are that, they along with some others entered into criminal conspiracies to obtain for themselves or for others ..... the custody of forest brigand veerappan, the accused persons s.m.krishna and others indulged in illegal act of paying huge amount of rs. 20 crores. as per section 120b of the ipc indulgence is an illegal act for doing a legal act is also punishable as conspiracy. allegation of criminal conspiracy only without making allegation of further cognizable .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-20-2003
Reported in : RLW2004(4)Raj2193; 2003(1)WLC266
..... this appeal owes its origin in the judgment dated march 31, 2000 of the learned additional sessions judge aklera (jhalawar) whereby the appellant was convicted and sentenced under sections 302 and 324 ipc to suffer imprisonment for life and fine of rs. 1000/- and six months imprisonment and fine of rs. 500/- respectively. a report was ..... incapable of defending himself. a look at the order sheet drawn on august 29, 1998 by the trial court demonstrates that reception order under indian lunacy act was issued whereby superintendent mental hospital jaipur was authorised to keep the appellant in mental hospital till the date he is cured and able to understand the ..... material on record which could establish that the appellant was cured and discharged from the mental hospital. learned trial judge was required to follow the mandate of section 329. non compliance of the mandatory provisions has vitiated the trial and the impugned judgment rendered by the learned trial judge is liable to be set aside. .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : 2004(1)AWC662
..... in favour of the workman vide its award dated 2.6.2000, impugned to this writ petition, which was enforced by publication on 5.12.2000 under section 6a of the u. p. industrial disputes act. against the impugned award this writ petition has been filed. the impugned award has been challenged, inter alia, on the ground that the labour court has .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-20-2003
Reported in : (2004)(91)ECC125
..... transfers, is the valuation of the goods. in the case of eous, the valuation of goods cleared to dta is to be done as per the provisions of section 14 of the customs act read with the customs valuation rules, 1988. while determining value of goods under stock transfer, the fact that it is related person transaction, may also be taken into ..... . 4 crores for hearing of the appeal. the appellants failed to comply with the stay order. therefore, the appeal was dismissed for non compliance to the provisions of section 35f of the act.5. the contention of the appellants is that now cbec issued a circular no. 38/2003-cus dated 6.5.2003 clariying that the benefit of notification no. 2 .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-17-2003
Reported in : (2004)1GLR116
..... . there was no reasonable classification at all. the distinction itself is unreasonable, irrational arbitrary and contrary to the directions issued by the state government under section 26 of the act.50. said classification made by the board is not based upon the said three resolutions and the same is not having any foundation and the same ..... is also ill founded and the same also cannot be entertained and accepted as the same is contrary to the directions issued by the state government in section 26 of the act.49. i have also perused the decisions relied upon by the learned sr. advocate mr. vyas, referred to hereinabove. i also agree with the principles ..... be passed, they are in consonance with the notifications of the state of gujarat khadi gramodhyog board by which necessary powers under section 30 sub section (2) (b) of the cottage and village industries act, 1960 and with the previous approval and sanction of the government, rules and regulations have been framed which are known as the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(1)MhLj761
..... year' to mean the financial year immediately preceding the year of assessment. the return of agricultural income for the previous year filed under section 22 of the act, is assessed under section 23 of the act in the assessment year. therefore, agricultural income tax payable for the previous year is determined by passing the assessment order in the assessment year ..... year 1957-58 to 1960-61. the tribunal held that the amount of donation given for earning the agricultural income cannot be allowed as deduction under section 8(9) of the act. the tribunal held that the amount of rs. 3,150/- spent as perquisite on the general manager of the company cannot be allowed. the tribunal ..... harvesting and carting contractors during the periods 1957-58 to 1960-61 written off as bad debts during the previous year 1964-65 are deductions permitted under section 8(9) of the act? 4. whether in the facts and circumstances of the case, the amount of rs. 4,73,522/- allocated by the income tax authorities as .....
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