Court : Allahabad
Reported in : (1973)ILLJ387All
..... to the speech of lord tomlin in simpson v. london, midland and scottish railway company [1931] a.c. 351, wherein the law lord, reviewing previous authorities of the unexplained accident cases, stated :..where the evidence establishes that in the course of his employment the workman was properly in a place to which some risk ..... an enactment when it can be fairly and properly construed without attributing to it that effect. sub-section (1) of section 3 of the workmen's compensation act expressly enunciates the fundamental; condition for creating the liability for payment of compensation. it is not ambiguous, much less absent in the substantive enactment, hence the ..... section 52 provides for dependants' benefits. it says that where an insured person dies as a result of an employment injury sustained as an employee under this act, dependants' benefits shall be payable to his dependants at such rates and for such period as is specified in the second schedule. section 53 provides for disablement .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1489; (2002)2UPLBEC1483
..... 24. reliance was then placed by the learned counsel representing the diploma holders on another decision of the supreme court in roop chand adlakha and ors. v. delhi development authority and ors., air 1989 sc 307, in that case, the supreme court was considering the prayer of graduate engineers to declare them as a separate category amongst junior ..... the constitution was as to what would be the effect of the amended clause (6) of article 19(1)(g) on the act impugned therein, namely, c. p. and berar act. reference was made to certain american authorities and the judgment of the supreme court in sagir ahmad v. state of u. p., air 1954 sc 728. the supreme ..... , at any time, cure any defect arising from the violation of the provisions of part iii of the constitution and therefor the objection that the madras ceilings act should have been re-enacted by the madras legislature after the seventeenth constitutional amendment came into force cannot be accepted,'19. the above decision is not very helpful .....
Tag this Judgment!Court : Allahabad
Reported in : 2008[12]STR423; [2009]20STT529
..... . 22) 175, renting out lockers to their customers is taxable under section 3-f of the act and, therefore, the assessments made or proposed against the petitioners are absolutely valid and in accordance with law. reliance is also placed on the following authorities:1. state bank of india v. state of andhra pradesh 1988 (70) stsc 215 (a.p ..... and catering contracts are deemed to be 'sale or purchase of goods' and subjected to sale tax under the relevant state legislation under entry 54 list ii schedule vii. this development has been noticed by the apex court in bharat sanchar nigam ltd. and anr. v. union of india and ors. : [2006]282itr273(sc) , but the apex court ..... was allowed to use machinery for execution of the project and the user of machinery was claimed to be transfer of right to use goods by the sale tax authorities. negativing, the court said that:the transaction did not involve transfer of right to use the machinery in favour of contractors...the effective control of the machinery even .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All181
..... , & not by the legislature, who alone had power to impose it. but the duties levied under the order in council are really levied by the authority of the act under which the order is issued.'the act was held to be intra vires.37. the next case to which reference may be made is, emperor v. benoari lal sarma, 72 i. a ..... 30-9-1948. if, however, sub-section (4) of section l be considered to be ultra vires the powers of the provincial legislature, the authority conferred on the provincial govt. to extend the life of the act by a notification in the gazette would come to an end. the result, therefore, would be that u. p. ordinance no. viii [8] ..... c. l). in this case the question arose whether the legislature of ontario had or had not the power of entrusting to a local authority--a board of comrs. -- the power of enacting regulations under the liquor license act of 1877, of creating offences for the breach of those regulations & annexing penalties thereto. their lordships of the p. c. held that .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3147
..... or application of the aforesaid amended provisions of fundamental rules contained in notification dated 28.11.2001 is ultra vires to the provisions of act and regulation 31 of the regulations, 1978 and beyond the scope of authority under law as such void ab initio. the aforesaid office order of nigam and any government order issued in respect thereof cannot be permitted ..... to run contrary to the express provisions of act and regulations framed thereunder, as indicated herein before. thus, we are prima facie of opinion that office .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3356
..... manufacturing of paper and board continued till the year, 1988 and on account of loss the same was closed. it appears that hapur pilakhua development authority, hapur (hereinafter referred to as 'authority'), respondent no. 3 has prepared pilakhua master plan, 2001-2021, which is annexure-2 to the writ petition. the petitioners contended that in ..... said plot, the petitioners filed suit for declaration as original suit no. 179 of 1973 under section 229b of the zamindari. abolition and land reforms act, claiming the title and ownership over the said plot. the declaration of the ownership was sought on the ground that the petitioners had purchased the paper ..... of the case giving rise to the present writ petition are as follows:1. the petitioner: no. 1 is private limited company incorporated under the indian companies act, 1956 of which petitioner no. 2 is the director (both the petitioners hereinafter called as 'petitioners'). the petitioners are claiming the ownership and possession over plot .....
Tag this Judgment!Court : Allahabad
Reported in : 1997CriLJ1094
..... to him. however, after receipt of the copy of the impugned order dated 21-12-1995 on 26-12-1995, he directed the secretary of the cooperative cane development union meerganj, bareilly to take steps to file counter affidavit, by an order dated 18-3-1996. the efforts should be made to ensure that the said ..... commissioner/registrar co-operative societies has, by his letter, dated 2-12-1995 authorised the dy. cane commissioner to take steps regarding the division of society. but no authority whatsoever was conferred upon the respondent no. 3 to take any steps regarding the same nor actually, the deponent has taken any steps towards division of the society. ..... , included the respondent no. 3, dr. sultan ahmad, sri lakhan singh, adhayaksh and sri devi das, sachiv of the newly constituted society, meerganj. this was another act of defiance and disobedience and wilful contempt of this court's order, being perpetrated by respondent no. 3. still how unfortunate it is that the respondent no. 3, .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3906
..... by the l.a.o. (collector), the same cannot be challenged and this point has already been dealt with by this division bench in its judgment in ghaziabad development authority v. chandra bhan and ors. 2008 (3) awc 3060. it has been categorically held therein that if the court allows the claimant to accept the compensation without ..... the land on the date of publication of the notification under section 4, sub-section (1) of the act. therefore, according to us, market value cannot be applied to determine the compensation on the basis of the subsequent development. it has been held in collector of lakhimpur v. bhuban chandra dutta : air 1971 sc 2015, particularly ..... filed by the state of uttar pradesh through the collector, gorakhpur and union of india through the ministry of defence, new delhi. notification under section 4 of the act was issued on 26th october, 1971. total area of land comprising 5.70 acres situated in village mahadeo jharkhandi, tukra no. 3, district gorakhpur was acquired by .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3493
..... the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration such authority may make an order staying the proceedings.' new act ; section 1(3).--it shall be deemed to have come into force on the 25th day of january, 1996. section 9.--interim ..... , any party tosuch legal proceedings may at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings ; and if satisfied that there is no sufficient reason why the matter should not be referred ..... has not been at all considered in the said case.30. the question for adjudication in the present writ petition is whether arbitration act, 1940 {old act) or arbitration and conciliation act, 1996 (new act) is applicable to 'arbitration proceedings' in view of admitted facts of the present case. answer depends upon ascertainment of 'date of commencement .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ4199
..... very involvement of the petitioner in the number of cases complained against the petitioner afforded sufficient grounds for the subjective satisfaction of the detaining authority to excercise his powers under section 3/1 of the national security act.14. it is clear from the affidavit of sri r.s. agarwal, deputy secretary home that the petitioner's representation dated 4-7-97 ..... order dated 19-6-1997, passed by the then district magistrate, udham singh nagar (rudrapur), under section 3/1 of the national security act.2. the grounds of detention upon which the subjective satisfaction of the detaining authority viz the district magistrate was based were as follows- 1) that the petitioner had actively participated along with his other associates in case crime .....
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