Court : Allahabad
..... held that he should be deemed to have completed one year of continuous service under section 2 (g) of the act. it is not necessary that the employment lasted 365 days. in the case of workmen of bazpur co-op. sugar factory ltd. vs. state of u.p. reported ..... year. admittedly the labour court has recorded a finding of fact that workman has worked for 240 days in 9 months from the date of his termination, therefore provisions of section 6 (n) would certainly apply as has been held in british india corporation ltd. (supra). considering the submission made by counsel for the petitioner, no relief can be granted in ..... of service in 12 calendar months counting backward from the date of termination of his service. in the case of british india courp. ltd. vs. labour court ii kanpur, reported 1968 ic 1316 all, the apex court held that a workman remained in service for about 11 months and during the period he was on work for 240 days. it was .....
Tag this Judgment!Court : Allahabad
..... to consolidate the law relating to business of insurance the insurance act, 1938 was enacted by the insurance (amendment) act, 1968. the insurance act, 1938 was amended by adding part ii and iii in the insurance act, 1938. section 64uc provided for power of the insurance advisory committee to regulate rates, advantages etc. section 64uc (1)(2) and (3) are quoted below:- ..... and regulation of the rates that may be offered by insurers in respect of general insurance business not so controlled and regulated by the tac under section 64u of the insurance act. so much so, the tac having withdrawn the rates fixed by it, it was well within the competence of the irda to control and regulate ..... dated 15.4.2011 has been issued in supersession of earlier notification dated 23.1.2007. the petitioner's case in the writ petition is that under section 64uc of insurance act, 1938, the power to control and regulate rates in respect of any risk is vested only with respondent no. 2, i.e., the tariff advisory .....
Tag this Judgment!Court : Allahabad
..... by this court in this writ petition. it was also submitted on behalf of the state that under the provisions of the u.p. municipal corporation act, 1959, section 136 provides that for projects where the estimated cost exceeds rs. 30 lacs, it is the state government then which is to approve the project with ..... present in the meeting, had forcibly taken the written consent of the members at their residence. the state government thereafter invoked the powers conferred under section 537 of the act and directed the municipal commissioner, nagar nigam, meerut to proceed with the process of construction of modern slaughter house, for which high power committee had ..... .12.2006 in civil appeal no. 5673 of 2006 and the state government being subjected to contempt proceedings, the state government invoked powers conferred under section 533 of the act and directed the nagar ayukt to get the tender documents, request for qualification (rfq) and request for proposal (rfp) and concession agreement provided by .....
Tag this Judgment!Court : Allahabad
..... executants of a deed who attend the registrar or sub- registrar merely to admit that they have executed it, cannot be treated for the purpose of section 32 of act iii of 1877 as presenting the deed for registration. they, no doubt, would be assenting to the registration, but that would not be sufficient to ..... authorization. 26. in "bharat indu and others vs. hakim mohammad hamid ali khan and others, 1921 privy council 93", considering section 33 of registration act, 1877 (old act) it was held that provisions of registration act had been carefully designed to prevent forgeries, procurement of conveyances or mortgages by fraud or undue influence. it also said, sometimes ..... a presentation of document by the lady herself. 29. in nath mal and another vs. abdul wahid khan and others, 1912 (34) ilr (all.) 355, section 32 of registration act, 1877 was considered. the court said: "it seems to us that the word "presented" has a technical meaning................... we think, however, that where the .....
Tag this Judgment!Court : Allahabad
..... ' in greater noida industrial development authority (gnida), district gautam budh nagar, recording the opinion of the governor, that the provisions of sub section (1) of section 17, of the act are applicable to the said land inasmuch as the land is urgently required for the planned industrial development in district gautam budh nagar through gnida ..... known 'karar niyamawali 1997 cannot support the illegalities committed in the proceedings of acquisition. it is admitted that no award has been prepared under section 11 of the act by the special land acquisition officer. the farmers were offered compensation at the rates, which are alleged to be fixed in consultation by the ..... the directorate of land acquisition board, vide letter dated 22.2.2008 along with certificate in form 10, for invoking the provisions of section 17 (4) of the act for acquiring 589.188 hectares of land for planned industrial development. the proposal included the details of survey carried by the revenue authorities. .....
Tag this Judgment!Court : Allahabad
..... an application before drt, allahabad, praying that since the suit filed by respondent no. 1 also relates to the same cause of action, in view of section 31 of 1993 act, record of aforesaid suit be also summoned from civil judge (senior division). consequently the aforesaid suit also stood transferred to drt and registered as t.a. ..... the bank were not corroborated. this approach of the high court was not found correct by the apex court referring to sections 34 and 115 of the indian evidence act read with section 4 of bankers' book evidence act. 1891. once a transaction of withdrawal of money is admitted by customer, various different considerations apply but the same is ..... respondent no.1 to disprove all this, otherwise the tribunal was bound to consider the issue of proof in view of sections 101, 102, 111, 34 and 115 of evidence act read with section 118 of the negotiable instruments act, 1881.24. i proceed to consider the aforesaid aspect of the matter. first of all, at this stage, certain .....
Tag this Judgment!Court : Allahabad
..... land before allotment. it was also found that some of the allottees were not residents of the village. it was also found that preference as provided under section 198 of the act was not followed. it has also been found that several persons whose names were there in aakar patra 57 ka (list of deserving candidates) were not ..... 3 to 10 in both the writ petitions mangu and others. the cancellation application was registered as case no.3 of 2006-07 under section 198(4) of u.p.z.a. and l.r. act mangu ram(deceased) vs. land management committee on the file of additional collector (city) ghaziabad. the allotments were cancelled by the additional ..... (4) are not required. in case of stark usurpation of gaon sabha property collector is entitled to take corrective measures. proceedings may be justified under section 33/39 of u.p. land revenue act also. under somewhat similar circumstances (expiry of period of assami lease) it was so held in hari ram v. collector, dist. saharanpur/additional collector, .....
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..... and hence no eligibility criteria can be traced for the committee of such a kind. evidently, the impugned resolution was published under part i - section 1 of the gazette wherein non-statutory resolutions are published also supplements the fact that committee does not have any statutory or constitutional force and is ..... in a parliamentary democracy like ours, the government of the day is responsible to the people through their elected representatives. the elected representative acts or is supposed to act as a live link between the people and the government. the peoples' representatives fill the role of law-makes and custodians of government. ..... legislature concentrates in itself the virtual control of both legislative and executive functions; and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them. (emphasis supplied) (6) thus, five points which .....
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..... a letter dated 2nd may, 2005 to the petitioners in reference to its representation submitted to the commissioner informing that notification under section 4 of the land acquisition act read with section 17 and section 6 have been issued hence no construction be made. the petitioners also represented the matter to the special land acquisition officer. ..... land from acquisition and deny the same benefit to other landowners by creating artificial distinction. passing different orders in exercise of its power under section 48 of the act in respect of persons similarly situated relating to same acquisition proceedings and for same public purpose is definitely violative of article 14 of the ..... cannot claim as a matter of right for release of his/her land from acquisition but where the state government exercises its power under section 48 of the act for withdrawal from acquisition in respect of a particular land, the landowners who are similarly situated have right of similar treatment by the state .....
Tag this Judgment!Court : Allahabad
..... to financial system integrity. it may emerge as a parallel economic system within a nation controlled by a few. this may destabilize and perish a sound economy. section 3 of the act envisages; "whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the ..... a ipc. the allegations are against the petitioner namely amar singh that as a chairman upsidc, he committed all the overt and covert acts covered by section 120 a ipc. (21) in connection with the contention pertaining to jurisdictions we would like to refer to a decision of apex court in satvinder kaur v state ..... of quashing the f.i.r registered at case crime no 458 of 2009 under section 420, 467, 471, 120 b ip, sections 7/8/9/13 (1) (e) of the prevention of corruption act, 1988 and section 3 and 4 of the prevention of money laundering act 2002 at police station babu ka purwa kanpur nagar fails and is accordingly dismissed. (31 .....
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