Court : Allahabad
Reported in : 2009(2)AWC1435
..... cause. there is no presumption that delay in approaching the court is always deliberate. this court has held that the words 'sufficient cause' under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain v. kuntal kumari and state of west bengal v. administrator, ..... supra), the apex court has explained the expression sufficient-cause as follows:thus, it becomes plain that the expression 'sufficient cause' within the meaning of section 5 of the act or order xxii, rule 9 of the code or any other similar provision should receive a liberal construction so as to advance substantial justice when no ..... mon'ble the supreme court, sufficient cause should receive a liberal construction so as to advance substantial justice. thus, as would appear the idea behind section 5 of the limitation act is to protect the rights of the party. the primary function of a court is to adjudicate the dispute between the parties and to advance .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC466
..... petition filed by the petitioner has been dismissed as noticed hereinabove.12. for the purposes of resolving the controversy raised, it is necessary to refer to section 16a of act, 1921 which provides for the scheme of administration alongwith procedure for amendments to be made therein, and reads as follows:16a. scheme of administration.- notwithstanding ..... power has been delegated to the regional joint director of education under relevant government order. principal, i.e., director still retains his statutory power under section 16a (5) of act, 1921 subject however, to the condition that once the power has been exercised by the delegatee, the principal, i.e., director will have no ..... to be arbitrary or unfair. the condition so imposed would be within his statutory competence and within the framework of the power as conferred by section 16a (5) of 1921, act.24. the aforesaid finding leads the court to another issue, namely, as to whether the director, upon whom the statutory power has been .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(119)FLR978]
..... extended period provided by the government order, will be treated to have given option to retire at the age of 58 years provided they were eligible for such benefit. the finance officer of the university, by an office memorandum dated 21.8.1990 and 24.12.1983 giving special information that those teachers, who had retired after 1.11994 and have ..... benefit of d.c.r.g. he could not survive to take the benefit as he passed away on 5.1.1991 m an accident. she was informed by the finance officer that in view of b m husband's option, she was not entitled to d.c.r.g payable to him. she found it difficult to accept the reasoning ..... universities teachers association to provide them social security. all those teachers, who had retired on or after 1.1.1994 in the universities regulated by the u.p. state universities, act, 1973, and were appointed rgularly on substantive posts, were given option to retire at the age of 58 years after exercising an option with the, benefit of pension, death-cum .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]150CompCas280(All)
..... be executed only with prior permission of the board. an opportunity was again given to the company to submit a modified revival scheme through oa with means of finance fully tied up within three months taken care of the outstanding dues of upecl. the aggrieved employees were permitted to proceed with legal actions. the company preferred an ..... was heard on 14.10.2008 and thereafter the counsels addressed the court at length in the hearing held today.20. the board of industrial finance and reconstruction consists of experts selected up by the central government with expertise m industrial and financial management for rehabilitation of the companies under one roof. the ..... ltd. air 2006 sc 2088 the supreme court once again considered the legal issue on the option given by the secured creditors to stand outside the winding up or to relinquish his security for the general benefit of the creditors and held in para 53 to 56 as follows:53. section 47 of the provincial insolvency act is attracted .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC119
..... was ceased by the impugned order by 25.7.07. nearly 15 months have elapsed and no inquiry has been initiated or completed under section 95(1)(g) of the u.p. panchayat raj act read with the rules of 1997.2. a pradhan is an elected functionary and has been given a constitutional status by virtue of part ..... the u.p. panchayat raj act would reveal that the gram pradhan is an integral constituent of the gram panchayat and has a pivotal role to play and exercises certain powers to discharge his ..... ix of the constitution of india, as inserted by the 73rd amendment act, 1992. article 243g of the constitution endows the panchayat with such power and authority as may be necessary to function as institution of self government. various provisions of .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC1052
..... of consolidation, ambedkar nagar as no independent deputy director of consolidation, ambedkar nagar has been appointed. so far as the jurisdiction of the additional district magistrate (finance and revenue), ambedkar nagar to exercise the power of deputy director of consolidation, ambedkar nagar is concerned, the same has not been entrusted upon him, therefore, ..... the deputy director of consolidation, ambedkar nagar who was competent to decide the same and the said power was not delegated to the additional district magistrate (finance and revenue), ambedkar nagar in any manner, therefore, the order passed by him is wholly without jurisdiction and void ab initio. he submitted that the ..... been corrected on the basis of the report dated 12.3.2006 submitted by the assistant consolidation officer, whereas the village was de-notified from consolidation operation in the month of july, 1988. an objection under section 9 of the u.p.c.h. act was already pending relating to the instant dispute.3. the .....
Tag this Judgment!Court : Allahabad
Reported in : LC2009(1)376; 2009(41)PTC165(All)
..... called, change of composition and/or status is an ultimate decision. a notice specially in such circumstances will be construed as a proposal for dissolution. section 7 of the contract act says that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. the stage before us can not be said ..... on 29th march, 1995. there was a consensus that everything should be resolved by lottery system. the respondents-defendants are using the logo since 1995 but not since 2006. said sri ram saran bansal instituted a suit, being suit no. 1165 of 1995, in respect of various disputes amongst the parties at delhi, which was ..... was intentional and concealing the truth that such trademark and logo are already in existence. however, they have started using the logo of the appellant-plaintiff since 2006. the respondents-defendants started printing books and publishing and selling the same in the similar trade name and logo. this amounts to infringement of the trademark and .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]93SCL134(All)
..... assets are not frittered away and a liquidator is appointed to ensure that they get their legitimate dues under section 529a of the companies act once the company is wound up.14. in one case i.e., gopal krishna sharma v. shahibi general finance & investments ltd. [2005] 125 comp. cas. 96 : 63 scl 504 (raj.) one of the ..... the company wilfully neglected in discharging its liabilities towards petitioner for making payment, it has been submitted that company is liable to be wound up under section 433(e) of the act on the ground of its inabilities to pay debt. it has also been indicated that the employees provident organization informed him that his epf contribution up ..... (e) read with section 434(1)(a) of the act.12. he further placed reliance upon a judgment rendered in the case of argha sen v. interra information technologies (india) (p.) ltd. : [2006] 133 comp. cas. 49 : [2007] 75 scl 150 (delhi). in this case, the employees filed the petition with the allegation that the terminal dues are .....
Tag this Judgment!Court : Allahabad
Reported in : 2009[14]STR148
order1. for delay in depositing service tax by the respondent-state bank of india, assi branch, bhaidaini, varanasi, a penalty of rs. 11,179/- was imposed which was reduced by the commissioner (appeals) to rs. 5,000/-, which has been upheld by the tribunal. the revenue has preferred the appeal against the order of the tribunal dated 20-12-2007. as the revenue effect is only rs. 600/- (sic) (rs. 6,000) and odd, the court is not inclined to entertain the appeal, which is accordingly dismissed.2. shri s.k. mishra, learned counsel appearing for the revenue is present.3. even otherwise, we find under section 80 of the finance act upon establishing a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. this is an additional ground for not entertaining the appeal.
Tag this Judgment!Court : Allahabad
Reported in : [2009]21STT332
order1. for delay in depositing service tax by the respondent - state bank of india assi branch, bhaidaini, varanasi, a penalty of rs. 4,897 was imposed which was reduced by the commissioner (appeals) to rs. 2,000, which has been upheld by the tribunal. the revenue has preferred the appeal against the order of the tribunal dated 20-12-2007. as the revenue effect is only rs. 600 and odd, the court is not inclined to entertain the appeal, which is accordingly dismissed.2. shri s.k. mishra, learned counsel appearing for the revenue is present. even otherwise, we find under section 80 of the finance act upon establishing, a reasonable cause for the said failure to deposit service tax within stipulated period, the penalty can be waived. this is an additional ground for not entertaining the appeal.
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