Court : Allahabad
Decided on : Mar-25-1992
Reported in : [1992(65)FLR497]; (1993)IIILLJ857All
..... condone the delay in filing the application under section 15. there was no illegality or lack of jurisdiction in entertaining the application under section 15 of the act as admittedly the respondent was employed at the concern of the petitioner and comes within the purview of the workmen. there was no error in entertaining the ..... of the lower revisional court dismissing the revision on the ground that the appeal was maintainable is to be adjudged. a perusal of section 15 of the act shows that the prescribed authority is to hear and decide according to law disputes relating to investigation and settlement of industrial disputes enforced in the state arising ..... ten times damages was also claimed on the amount unpaid. the prescribed authority was pleased to condone the delay in filing the application under section 15 of the act and the objections of the petitioner raised and sought to be decided as preliminary issue were negatived. it was directed that the petitioner may file their written .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-21-1992
Reported in : 1992CriLJ3866
..... in narcotic drugs and psychotropic substances, which pose a serious threat to the health and welfare of human beings and adversely affecting the economic, cultural and political foundations of society. the said convention further recognised the importance of strengthening and enhancing effective legal means for international co-operation in criminal matters for suppressing the international ..... case. it is not in dispute that the petitioner was detained at the district jail in ghazipur in pursuance to an offence under the motor vehicles act and arms act and his detention in the district jail, ghazipur was in accordance with a legal authority. at no point of time it could be said that ..... government of india, ministry of finance, and, secondly, the date 31st july, 1990, has been extended to 31st july, 1993 in accordance with the valid amendment by the parliament of section 10 of the act. in view of this position, it cannot be said that the declaration made under section 10(1) could be held to .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-1992
Reported in : 1993(63)ELT626(All)
..... forward by the appellant seeking condonation of delay. the petitioner challenged the aforesaid order by means of revision under section 36 of the central excises and salt act, 1944, before the central government but that revision was also dismissed vide its order dated 22-11-1982, without going into the merits, holding that the ..... illegally rejected the appeal as not entertainable on account of the same having been filed after the statutory period of limitation prescribed under section 35 of the act.4. the question, which therefore, arises for consideration is as to whether the period of limitation prescribed under the aforesaid provision could be determined with the ..... . further in the case of sakuru v. tanaji, reported in : 1985(22)elt327(sc) it has been clearly held that the provisions of the limitation act, 1963 apply only to proceeding in 'courts' and not to appeals or applications before bodies other than courts such as quasi-judicial tribunals or executive authorities notwithstanding .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-1992
Reported in : (1993)112CTR(All)395; [1993]202ITR191(All)
..... adverting to the amended provision of section 34(3)(a), a bare reading of it clearly manifests that for seeking allowance of development rebate under section 33 of the act, which has been made subject to section 34, the creation of the statutory reserve is a condition precedent. the assessee is not entitled to the allowance if the requisite ..... insufficiency of profits in which the machinery or plant, etc., is installed or first put to use. the amendments effected in section 34(3)(a) by the finance act, 1990, referred earlier, are significant in this respect. it is now provided that the statutory reserve may be created in any previous year in respect of which the ..... is to be actually deducted. 15. we may notice that in the memorandum explaining the provisions in the finance bill, 1990, seeking to amend section 34(3)(a) of the act, the object and scope of the amendment, was stated, inter alia, as under (see [1990] 182 itr 336) : ' . . . the supreme court in the case of shri shubhlaxmi mills .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-23-1992
Reported in : AIR1993All10
..... concerned for exemption of their land on which there existed constructions, residential commercial and industrial before publication of the impugned notification under section 4 of the act, within two months from today. if such representations are filed before the collector, he will investigate into the matter and get the plots concerned surveyed ..... , one part of the compensation is being contributed by the state. thus the question of the applicability of the provisions of part vii of the landacquisition act and company rules does not arise. the second submission made by the learned counsel, in our opinion, is not substantiated.16. the third submission made ..... in the notification, further, it was stated that the land was urgently required for the above public purpose and consequently, the enquiry under section 5a of the act was being dispensed with.3. initially, when the petition was filed thestate of u.p. and the collector/ land acquisition officer, nainital were made respondents in .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-13-1992
Reported in : AIR1993All57; (1992)1UPLBEC746
..... of open spaces for parks and play grounds cannot besacrificed by leasing or selling such sites to private persons for conversion to some other user. any such act would be contrary to the legislative intent and inconsistent with the statutory requirements. furthermore, it would be in direct conflict with the constitutional mandate to ensure that ..... by the environmental activitists either living in the same locality or outside.16. article 51a clause (g) in part iv-a introduced by the constitution (42nd amendment) act, 1976, with effect from 3rd january, 1977, enshrines a fundamental duty and mandates that it shall be the duty of every citizen of india to protect and ..... planned development of the development areas, which being an enormous work could not have been accomplished by the local bodies or other authorities, which existed prior to the act, 1973. a plan is said to have been executed when the entire works are done strictly inaccordance with the plan. the plan (annexure '1' to the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-17-1992
Reported in : AIR1993All90
..... discharged and a presumption of fact about coming into existence of sub-tenancy became available to him as envisaged under the explanation to s. 25 of the act. the onus which had shifted on to the defendant as indicated hereinbefore had not been discharged by him. the courts below, therefore, did not commit any ..... the existing partners. admission of a partner is nothing else but introduction of a partner. introduction of a partner as envisaged under s. 31 of the partnership act can be in any existing partnership firm. section 12(2), therefore, contemplates carrying oh business in a non-residential building by an existing partnership as envisaged under ..... as there is some real substantive, systematic and organised course of activity with a set purpose it would constitute 'business'. section 31 of the indian partnership act deals with the introduction of a partner and provides that subject to contract between partners and to the provisions of s. 30 no person shall be introduced as .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-26-1992
Reported in : AIR1993All96; (1992)1UPLBEC574
..... by thedistrict inspector of schools, allahabad on aug. 30, 1990, wherein it was pointed out that under appendix a to the regulations framed under the u.p. intermediate education act, 1921 ( 'act' for short), only master's degree in education which sri singh held, was not a sufficient qualification for a person to hold the post of the head of the institution ..... in the instant appeal, it will be apposite at this stage to look into appendix a referred to in regulation i of chapter ii of the regulations framed under the act. appendix a details the minimum qualifications for teaching staffs of the institution, and serial no. 1 thereof, to the extent it is relevant for our present purposes, reads as under .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-18-1992
Reported in : (1999)IIILLJ79All; (1993)1UPLBEC499
..... unit:'s.o. 360 (e), dated may 17, 1989:in exercise of the powers conferred by the first proviso to section 6 of the employees' provident funds and miscellaneous provisions act, 1952 (1 of 1952), the central government hereby specifies, with effect from the 1st day of june, 1989, every establishment in the industries specified in the schedule annexed hereto and ..... off of the amount already deposited.2. it is not necessary to deal with the objections as raised by the petitioner before the authority under section 7-a of the act. the authority passed an order on march 24, 1992 requiring the petitioner to deposit rs. 1,50,695.00. this order is the subject matter of challenge in the ..... and learned counsel for the respondents.4. learned counsel for the petitioner submitted that the petitioner filed a detailed objection before the authority under section 7-a of the act, but none of the objections was considered or dealt with by the authority in the impugned order. according to him, the authority was .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-1992
Reported in : AIR1993All203; (1993)1UPLBEC288
..... degrees, diplomas, certificates and other academic distinctions. (2) the regulations of the university as in force immediately before the commencement of the banaras hindu university (amendment) act, 1951, shall be deemed to be the first ordinances under this section. (3) the said ordinances may be amended, repealed or added to at any time ..... vi) any matter pertaining to admission referred to it by the academic council and or its chairman.' in exercise of the powers conferred under s. 18 of the act the university also instituted special ordinances for admission to : (a) the institute of medical sciences, institute of technology and the institute of agricultural sciences. (f) ..... the academic council.11. mr. verma, learned counsel appearing for the university, submitted that in view of the powers conferred under s. 11 of the act read with statute 26, the academic council, through the a.c.b., was fully justified in laying down the minimum eligibility requirements for admission to different .....
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