Court : Uttaranchal
Reported in : [2004(101)FLR130]; (2004)2UPLBEC69
..... :'it is useful to refer to a three judges bench decision of this court as it related to the scope of the very same provision i.e., section 4-k of the u.p. act. in western india watch co. ltd. v. the western india watch co. workers union, air 1970 sc 1205, learned judges made the following observations :therefore, the ..... since he has worked for more than 240 days with the petitioner and as such, his services cannot be terminated without following the provisions contained under section 6-n of the u.p. industrial disputes act.5. the labour court has recorded a finding that the petitioner has completed 240 days and as such, he was entitled for the benefits of ..... section 6-n of the u.p. industrial disputes act. the labour court has also concluded that the order of removal of respondent no. 1 from service by the petitioner was illegal.6. the petitioner was directed .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2009Utr1
..... (finance), affirmed the order of the adm (finance) and dismissed the revision.5. i have heard learned counsel for the parties and have gone through the ..... amount was rs. 8,61,600/- and by his order dated 6-1-2006, the adm (finance) imposed the penalty of rs. 8,61,600/- and sent a notice of recovery of rs. 17,23,200/-. against this order, a revision under section 56 of the stamp act was filed. the revisional court, on the same reasoning as given by the adm ..... record.6. stamp duty is liable to be paid under section 3 of the indian stamp act, 1899. the charging section 3 provides that subject to the provisions of this .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2008]300ITR435(Uttaranchal)
..... appellate tribunal was legally correct in law and on facts in holding that the commissioner of income-tax was not justified in resorting to the provisions of section 263 of the act in cancelling the assessment?3. the facts, in brief, are that the assessee is a non-resident company incorporated in australia and had entered into ..... and cairn energy india pvt. ltd., but had also examined and verified the expenses incurred by the assessee-company. the facts deposed by mr. adrian cook, chief finance officer of the assessee-company, in his affidavit dated september 23, 2004, filed before the commissioner of income-tax, copy placed at pages 33-42 of the paper ..... book could not be controverted or rebutted by the commissioner of income-tax in the impugned order passed under section 263 of the income-tax act. the assessing officer had also sent his draft assessment order to the additional commissioner of income-tax, range-i, dehradun, for approval on august 18 .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)
..... even in the absence of specific power conferred by the statute, the commissioner of income-tax had power to rescind the order granting registration under section 12aa of the act, if such registration was obtained by practising fraud or forgery. even assuming that the commissioner has power to rescind the order of registration on the ..... been brought into force immediately. on the contrary, in clause (6) of the finance (no. 2) bill, 2004, introduced in the lok sabha on july 8, 2004, it was clearly stated that in section 12aa of the income-tax act, after sub-section (2) sub-section (3) shall be inserted with effect from the first day of october, 2004. ..... whether the petitioner is right in contending that the second respondent-commissioner of income-tax had no power and jurisdiction to withdraw the registration granted under section 12aa of the act. if that question is decided in favour of the petitioner, it will be unnecessary to consider the other contentions raised by the petitioner. hence .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41
..... petitioner. there is no doubt, that the power to impose the tax flows from the section 60 and section 63 read with section 83 of the said act. the only requirement for imposition of toll tax in view of aforesaid sections (section 60, section 63 and section 83) is the previous sanction of the central government. sro no. 369, dated 1 ..... 1999 and before that it was a state highway. on 21.12.2004, the executive officer, cantonment board, dehradun exercising its powers conferred under section 82 of the cantonment act, 1924 (act no. 2 of 1924) submitted a complaint against the petitioner before the court of special judicial magistrate, dehradun by issuing challan no. 13 for ..... behalf, in consultation with the high court having jurisdiction over that area.'admittedly, no appeal was filed by the petitioner regarding the toll tax imposed under section 83 of the aforesaid act no. 2 of 1924, before the principal civil court of original jurisdiction i.e. civil judge (sd), dehradun. as such, the remedy of .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr2; IV(2006)BC495
..... for plaintiff/appellant further argued before us that the agreement dated 12.9.2001 is an unregistered document, as such, in view of provision of section 17 of registration act, 1908, it cannot be relied by the defendants/respondents for the payment of instalments agreed by the plaintiff/appellant. we fail to appreciate the ..... for temporary injunction. however, he conceded during the argument that possession has already been taken back by the defendants/respondents, i.e., the u. p. finance corporation. that being so, it cannot be said if the plaintiff/appellant has any prima facie case for temporary injunction and learned trial court has rightly ..... some close relatives of the plaintiff/appellant were the original debtors, and in default of repayment of said debt, the corporation, proceeding under section 29 of state financial corporation act, 1951, took possession of the industrial unit, whereupon the plaintiff/appellant struck the deal as aforesaid.3. an application under order xxxix, rule .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2003Utr1
..... held as the principal civil court of original jurisdiction in a district as contemplated by the definition of court' under section 2 (1) (e) of the act as reproduced above. views taken by the delhi high court in the matter of kinetic capital finance ltd. v. anil kumar misra, 2000 (3) rent arbitration judgments 272 and also by the patna high court in ..... the matter of bhopal singh v. nagendra narayan singh, (2001) 2 arbitration lr 602 are also to this effect.17. an application under section 8 of the old act was initially filed before the civil judge .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC77
..... administrator, howarh municipality and ors., (1972) 1 supreme court cases 366, while considering scope of the expression 'sufficient cause' within the meaning of section 5 of the act, this court laid down that the said expression should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want ..... could not be made available to the petitioners till 6.4.2000.5. counsel for the petitioners has submitted that while deciding the application under section 5 of the limitation act, there should be a liberal approach.6. the apex court in the case n. balakrishnan v. m. krishnamurthy supreme court and full bench rent ..... 1. heard sri manoj mishra learned counsel for the petitioner and standing counsel for the respondents.2. by the impugned order, the application under section 5 of the limitation act while filing restoration application has been rejected in filing the revision within time.3. briefly stated, the suit was filed by the plaintiff/respondent no .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC385
..... bona fide is imputable to a party.'7. while considering the application under section 5 of the limitation act, there should be justice oriented approach as held by the apex court in, (2001) 8 scc 151, m.s. grewal v. deep chand sood ..... the administrator, howrah municipality and ors., (1972) 1 supreme court cases 366, while considering scope of the expression' sufficient cause' within the meaning of section 5 of the act, this court laid down that the said expression should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of ..... have challenged the order dated 22nd january, 2003, by which, their application under order ix, rule 13 of the code of civil procedure alongwith application under section 5 of limitation act has been rejected.3. briefly, stated, the facts leading to the present appeal are that the application was filed for the custody of the female child. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ2175
..... his 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 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, ..... the disablement to his employer: provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years ..... . feeling aggrieved the present appeal has been filed by the petitioner.6. section 10 of workmen's compensation act, 1923 provides limitation and power of the commissioner to entertain a claim after expiry of the period of limitation. section 10 of the act reads as under:(1) no claim for compensation shall be entertained by a .....
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