Court : Allahabad
Reported in : AIR1957All719
..... they are not courts of law.18. in the case of maqbool husain v. state of bombay : 1983ecr1598d(sc) , the question for determination was whether the authorities under the sea customs act acted as judicial tribunals when they decided the question regarding compensation, increased rate of duty or penalty. it was held that they were not judicial tribunals and hence any decision arrived ..... at by them was not one which would attract the provisions of article 20(2) of the constitution. while considering the question whether the decision of the authorities was .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)196CTR(All)406; [2005]275ITR17(All)
..... property. feeling aggrieved the applicant preferred an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) has upheld the order of the assessing authority. he had found that the applicant's father died on december 12, 1976, whereas the property was sold on april 1, 1978, and on that basis he ..... reported in : [2005]275itr14(all) (supra), decided on october 1, 2004.7. learned standing counsel submitted that for the applicability of section 54(1) of the act the land which is claimed to be appurtenant and the building in which either the applicant or his father is residing should belong to the same person. if the ownership ..... the land which was sold belonged to two different persons, i.e., the applicant, father and the applicant himself, respectively and, therefore, section 54(1) of the act would not be attracted. the assessing officer was, however, of the view that the land in question was not appurtenant to the residential house being nearly 300 ft. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2050; [2005(105)FLR1028]; (2005)IIILLJ116All
..... aforesaid claim of the petitioners and also bringing on record the decisions of the apex court in the case of e.s.i corporation v. k.s.h. development corporation dated 11.10.1993 and have urged that since the validity of the notification have been upheld the same does not require to be interfered with. another judgement ..... (1979)3 s.c.c. 257 has contended that in view of section 72 of the e.s.i. act read with regulation 97, of the e.s.i. (general) regulations, 1950 the employers do not have the authority or right to discontinue the benefits which have been made available to the employees on the grounds referred to therein. ..... mandamus commanding the respondents not to implement the notification dated 23.12.1996 as well as the other (notifications issued in this regard, under the employees state insurance act 1948 and the rules framed thereunder, primarily on the ground that the employees of the petitioner's union are enjoying comparatively more advantageous benefit than under 1978 rules made .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2951
..... inception may become discriminatory by efflux of time. criteria for fixation of fair rent though valid but became discriminatory with passage of time.' 25. the other authority referred to is the decision of division bench of karnataka high court in issac ninan v. state of kerala, 1996 (3) ilr (kerala series) j ..... to another, without appropriate corresponding relief, then the constitution of such a law which necessarily, or most likely, leads to increase in lawlessness and undermines the authority of the law can no longer be regarded as being reasonable. its continuance becomes arbitrary. para 27 : the legislature itself, as already noticed hereinabove, has ..... has always acted to make necessary amendmentsso as to best subserve the avowed object of solving the housing needs of thepeople of u. p., by evolving and implementing a policy it has thought best.different reports (fiveof experts, including government authorities were placed on record in supportof the contention that the standard rent .....
Tag this Judgment!Court : Allahabad
Reported in : 2008CriLJ483
..... different footing. her body is immature, and her sexual powers are dormant. in this case, the victim is a baby seven and half months old. she has not yet developed a sense of shame and has no awareness of sex. nevertheless from her very birth she possesses the modesty, which is the attribute of her sex.57. in kanhu ..... of universal application can be made for measuring the amplitude of modesty of woman, as it may vary from country to country or society to society.53. a well known author kenny in his book 'outlines of criminal law' 19th edn. para 146 p. 203 has dealt with the aspect of indecent assault upon a female. the relevant passage ..... third stage i.e. the attempt is successful then the crime is complete. if the attempt fails, the crime is not complete but law punishes the person attempting the act. section 511 is a general provision dealing with attempts to commit offences not made punishable by other specific sections. it makes punishable all attempts to commit offences punishable with .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(116)FLR305]
..... it may interview the candidates also.(6) the selection committee shall prepare a list of selected candidates in order of seniority, and forward the same to the appointing authority.(emphasis supplied)9. a bare perusal of rule 4(1)(a) & (b) makes it clear that it confers a right of consideration for regularization upon such ..... , which may be available in future inasmuch a perusal of the said rules would make clear that it is one time arrangement made by the rule framing authority in respect to such daily wage employees, who have rendered about 10 years of service and the said right was limited against the vacancies, permanent or temporary ..... for physically handicapped, dependents of freedom fighters and ex-serviceman) act, 1993 as amended from time to time and the orders of the government in force at the time of regularization under these rules.(3) for the purpose of sub-rule (1) the appointing authority shall constitute a selection committee in accordance with the relevant provisions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All474; (1958)IILLJ19All
..... as may be specified in the notification and engaged in any such industry.' the expressions 'factory,' 'industry and 'employee' have also been defined in the act. the definition of 'factory' runs as follows :-- 'any premises, including the precincts thereof, in any part of which a manufacturing process is being carried ..... them is wholly illegal. section 16 of the act runs as follows:--'16 (1) this act shall not apply to- (a) any factory belonging to the government or a local authority, and (b) any other factory, established whether before or after the commencement of this act, unless three years have elapsed from its establishment ..... .' the petitioner's contention is that with effect from june 1, 1954 a separate department for manufacturing of tins was established in the rajendra prasad oil mills: it is contended that section 1 of the act .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2264; (1998)3UPLBEC2333
..... , holding a person guilty of contempt of court was held to be appealable under section 19 even though no sentence had been awarded.5. a conspectus of the authorities referred to above would show that there is no absolute bar of an appeal against an order passed at an intermediate stage. it will depend upon the nature of ..... for contempt.'in j. s. parihar v. ganpati duggal. air 1997 sc 113, a single judge of the high court while hearing a petition under contempt of courts act issued adirection to redraw a seniority list and with regard to this direction, the apex court made the following observation :'................in other words, the learned single judge wasexercising the ..... dealing with a matter under the contempt of courts act, the apex court in d. n. taneja v. bhajan led, 1988 (3) scc 26, observed as follows in para 10 of the report:'there can be no doubt that whenever a court, tribunal or authority is vested with a jurisdiction to decide a matter, such jurisdiction can be exercised .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All79
..... -weighment of the goods at the destination station and the plaintiff was justified in insisting that before taking delivery the goods must be weighed and as the rail-way authorities illegally refused to re-weigh the consignment, it was justified in refusing to take delivery and the defendant was liable to pay the damages suffered by the plaintiff. ..... plaintiff consignor was entitled to claim pre-delivery assessment of damage. it was held that there was no provision in the goods tariff no. 31 or in the railways act entitling the consignee to have the damages assessed before taking delivery of the consignment. a railway administration is not bound to give open delivery on demand of the consignee ..... carried at the railway risk. this court held that the railway was not bound to open the consignment and examine it before delivery and it was not a wrongful act on the part of the bail-way company to refuse to give delivery in the way required by the plaintiff and they were not liable to him for any .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3107; [2000(87)FLR532]; (2001)ILLJ313All; (2001)1UPLBEC195
..... of this court expressed the same view. reliance in that case was placed by the division bench on a decision of the supreme court in director, institution of management development, u. p. v. smt. pushpa srivastava : (1993)illj190sc , wherein it has been held that where appointment is purely on ad hoc basis and comes ..... of uttar pradesh in the matters relating to retrenchment, there remains no difficulty in holding that the definition of the word 'retrenchment' as given in the u. p. act will be applicable.....'8. relying upon the said decision, a learned single judge, in u. p. state sugar corporation limited v. presiding officer, labour court, gorakhpur ..... reason whatsoever' otherwise than as punishment barring terminations due to reasons mentioned in the exclusionary clauses (i) and (ii),5. section 2 (s) of the state act reads as under :'(s) retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as punishment inflicted by way .....
Tag this Judgment!