Court : Allahabad
Reported in : 2007ACJ2091; 2007(1)AWC475
..... to contest would also include the right to file an appeal is contrary to well-established law that creation of a right to appeal is an act which requires legislative authority and no court or tribunal can confer such right, it being one of limitation or extension of jurisdiction. further, the view taken in united ..... wherein after analyzing the relevant provisions of sections 147, 149, 170 and 173 of the act in para 18 of the decision, hon'ble apex court held as under:18. the aforesaid provisions show two aspects. firstly, that the insurer has only statutory ..... appeal on quantum of compensation on merits including negligence or contributory negligence is not maintainable as no permission had been granted by the tribunal under section 170 of the act.5. hon'ble apex court has occasion to consider similar question in national insurance company ltd., chandigarh v. nicolletta rohtagi and ors. : [2002]supp2scr456 , .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1194; [2007(113)FLR88]; (2007)2LLJ1005All
..... rules of the court do not require that order by the appellate authority has to be an order by the tribunal. orders passed by appellate and revisional authorities under any u.p. act or central act are dealt and in separate category whereas orders.passed by tribunal and court are dealt in separate ..... appeal against the order of conciliation officer is maintainable under section 4 of industrial disputes (appellate tribunal) act, 1950. the apex court in that context examined the question as to whether when an authority which is under duty to act judicially is a tribunal. as observed above, the plain words of chapter viii, rule 5 of the ..... requirement is that the order should be of a government or any officer or authority made or purported to be made in exercise or purported exercise of appellate or revisional jurisdiction under any such act. thus under any uttar pradesh act or central act with respect to matter enumerated in state list or concurrent list if any appellate .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All58
..... of rule 12 and under sub-rule (2) of rule 12, if the state government is of the opinion that it would be necessary in the interest of mineral development, it may grant the lease for any period exceeding ten years but not exceeding fifteen years. the rules also contemplate renewal of such lease. rule 19(2) empowers the ..... a report indicating therein that the aforesaid plot can be awarded for mining lease and has recommended the case of the petitioner. after the report submitted by the authorities, the mining lease was required to be granted by the district magistrate, banda but the matter was kept pending and the district magistrate has not passed any order ..... month of receipt of this order, without any reasonable cause, the court would have no option except to punish him under section 12 of the contempt of courts act and other allied powers.the applicant shall supply a duly stamped registered envelope addressed to the opposite party, district magistrate, banda along with a copy of the claim .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(113)FLR508]
..... therein: (scr pp. 971-72)in our opinion where a government servant has no right to a post or to a particular status, though an authority under the government acting beyond its competence had purported to give that person a status which it was not entitled to give he will not in law be deemed to have ..... further reliance has been placed upon a judgment of the apex court reported in (2006) 1 uplbec 27 kishore chandra v. divisional manager, orrisa state cashew development corporation limited, dhenkanal and has submitted that if a workmen has been allowed to work on various spells, denial of work beyond a particular period has held that ..... approach would result in perpetuating illegalities and in the jettisoning of the scheme of public employment adopted by us while adopting the constitution. the approving of such acts also results in depriving many of their opportunity to complete for public employment. we have, therefore, to consider the question objectively and based on the constitutional and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2008)111ITD339(All.)
..... sense the word is permissive and not mandatory. but where certain conditions are provided in the statute and on the fulfillment thereof a duty is cast on the authority concerned to take an action then on the fulfillment of those conditions the word "may" take the character of "shall" and then it becomes mandatory. thus, ..... of tax payable by the firm on that income. when proceedings are taken under section 155 of the act to give effect to the order of the appellate authority and in pursuance thereof treat a firm as registered under the act, which was earlier treated as unregistered by the income-tax officer, it is a proceeding for assessment. ..... comprehensive term. the head notes from the above decision are as under: the term "assessment" in the provision prescribing the period of limitation in the wealth-tax act, 1957, has been used in comprehensive sense which includes the integrated process of computation of net wealth as well as computation of tax liability thereon. the two actions .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1814
..... same. the courts ought no to take the action lightly and interfere with the same particularly when there was some material for the government to act one way or the other.13. in delhi development authority and anr. v. uee electricals engg. (p) ltd. and anr. : air2004sc2100 , the hon'ble supreme court while describing the grounds ..... on which administrative action is subject to control by judicial review observed:doubtless, he who seeks to invalidate or nullify any act or order must establish the charge ..... complaints as to malpractice in the recruitment process as condition precedent to cancelling the recruitment process. all that is expected of the competent authority in such a situation is that it would act in 'good faith' and take a 'bona fide' decision whether to scrap or not to scrap the recruitment. the decision should .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)ARBLR544(All); 2007(2)AWC1726
..... of bihar and ors. : (1969)iillj549sc , andhra pradesh state road transport corporation v. income tax officer : [1994]52itr524(sc) , western coalfields ltd. v. special area development authority : [1982]2scr1 . a constitution bench of the apex court in electronics corporation of india ltd. v. secretary, revenue department, government of a.p. : air1999sc1734 , in para ..... ' has been mentioned, the same may be referred to as the 'state' or 'commission' or 'company' or 'society' corporate or persons or authority as provided under the reforms act, 1999 or the rules and regulations framed thereunder, except wherever, it relates to general policy matter where it would be read as the 'state government'. ..... section 49 further provides that no order under sub-section (1) shall be made after expiration of a period of two years from the commencement of the act. the reforms act, 1999 was amended in 2003 and in sub-section (1) of section 49, the words '12 months' were substituted by '60 months' and under .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(112)FLR691]
..... shall not be made within a period of one year. the facility of compassionate appointment shall be admissible as per section 108 of indian evidence act when the competent authority has treated such employee as dead. in contra, the learned counsel for the department supported the impugned order and submitted that the father of the ..... v. state of hariyana and ors. 1994 air scw 2309).10. punjab national bank and ors. v. ashwani kumar taneia : (2004)iiillj536sc is an authority for the proposition that the appointment on compassionate ground is not source of recruitment but merely an exception to the requirement of making appointment on open invitations of applications ..... this much has been said in the said circular that the facility of compassionate appointment shall be admissible only when the competent authority treats the employee as dead, under section 108 of the indian evidence act.14. in view of the above discussion, the writ petition lacks merit and is therefore dismissed. no order as to .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(113)FLR84]
..... himself and the purpose of giving show cause notice would be frustrated and remain an empty formality. therefore, the conclusion is inevitable, whenever the disciplinary authority disagrees with the enquiry officer or his report, it must record its tentative reasons for such disagreement and give to the delinquent employee an opportunity of ..... petitioner appears to have substance. the learned counsel for the respondent in this connection has referred to regulation 64(5) of the regulations which authorizes the appointing/disciplinary authority to pass such orders as he considers proper on the basis of the enquiry report and, therefore, submitted that even if the enquiry ..... desirable to dismiss the petition at this stage. in the aforesaid decision the supreme court despite availability of the remedy of revision under the income tax act refused to dismiss the writ petition, as the petition was duly entertained.8. following the above pronouncement of the supreme court, the allahabad high court .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(112)FLR784]
..... person concerned can be withheld indefinitely. it has to be followed by statement of charges/charge sheet, reply in connection thereto and decision of the disciplinary authority following enquiry. suspension automatically evaporates by the cessation of service. normally such order is passed to maintain independence of enquiry by keeping the delinquent out of ..... delhi (1998 (1) administrative tribunal judgments 66) has held that when till the date of petitioner's retirement disciplinary proceeding had not commenced, the respondent-authority thereafter ought not to have taken any disciplinary action against the petitioner and that the charge sheet was served even after more than one year of the ..... grave misconduct or negligence in the discharge of his duty while in office., subject of the charge. in the absence of such a finding the authority concerned cannot impose penalty of withholding pension as a measure of punishment either in whole or in part permanently or for a specified period or to .....
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