Court : Allahabad
Reported in : 2000CriLJ4530
..... more persons and accused maharaj singh drove maruti car no. dl.4cb-3597 used in the commission of the crime and facilitated the escape the assailants in the said maruti car with their weapons and live hand grandes.3. on 23-6-92 ..... question whether he had jurisdiction to take cognizance or not is immaterial in view of the decision of the apex court in trisuns chemical industries v. rajesh agarwal : 1999crilj4325 , it has been held as under (para 12 of air) :-the jurisdictional aspect becomes relevant ..... the court. in support of his contention, he has cited case laws reported in 1995 suppl. (4) scc 218, (manohar v. state of karnataka) smt. naseem bano v. state : (1994)illj84sc (s.m.d. kiran pasha v. govt. of a.p.), hazara singh gill v. ..... publication of g.o. in official gazette makes it as non statutory order which being an order of exemption from tax cannot be acted upon.24. in : air1997sc503 venkataswamappa v. special deputy commissioner (revenue), it has been held that it is true that normally .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1268
..... u. p. zone it is rs. 1,160.20 per quintal. different prices have been fixed for two zones, each in bihar and karnataka and three zones in maharashtra. in anakapalle co-op. agrl. and industrial society ltd., etc. etc. v. union of india and others, (1973) 3 scc 435, a constitution bench upheld the system of ..... of the sugarcane (control)order as regards cane priceand re-fix the price of levysugar having regard to thefactors mentioned in section 3(3c)sential commodities act, 1955~^ of the act. thegovernment will have lime toissue the amendednotification as directed abovetill december 31. 1993.'11. the union of india being not satisfied with the aforesaid directions ..... scc 216. thus, the legal position is fully settled that for the purpose of sub-clause (a) of subsection (3c) of section 3 of the e. c. act, minimum price of sugarcane would also include the additional price for sugarcane as determined under clause 5a of sugarcane (control) order. 1966. it appears that the central government was .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)IIILLJ871All
..... by means of the present writ petition, petitioner has challenged the order of the prescribed authority labour court dated 06.03.2002 under the u.p. industrial dispute act (hereinafter referred to as 'act' )2. in the writ petition, petitioner stated that he was working with the respondents no. 2 and 3 as accountant assistant, he was engaged ..... , the apex court held that it is for the workman to adduce evidence that he was appointed in service.13. in the case of secretary, state of karnataka and ors. v. umadevi and ors. reported in 2006 air scw 1991, the apex court held as follows;unless the appointment is in terms of the relevant rules ..... 1996. on 31.03.1996 petitioner was denied the work. thus, according to the petitioner on the said date, petitioner service was terminated. petitioner raised an industrial dispute before deputy labour commissioner. consequently a reference was made by deputy labour commissioner to the prescribed authority to decide whether the termination of the service of .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)206CTR(All)505; [2006]287ITR172(All)
..... been initiated under section 132 or the books of account, other documents or any asset are requisitioned under section 132a of the act. he has relied upon a decision of the gujarat high court in the case of rushil industries ltd. v. harsh prakash : [2001]251itr608(guj) , and the madhya pradesh high court in the case of smt. ..... union of india v. g.m. kokil [1984] supp. scc 196; chandavarkar sita ratna rao v. ashalata s. guram : [1986]3scr866 ; r.s. raghunath v. state of karnataka : air1992sc81 ; g.p. singh's principles of statutory interpretation.)28. the principles laid down in the aforesaid cases have been reiterated by the apex court in the case of iridium ..... different types of income and one proceeding is for undisclosed income and the other proceeding under section 143(3) is for disclosed income.37. in the case of rushil industries ltd. : [2001]251itr608(guj) , the gujarat high court has held that a bare reading of the provisions of section 158bd would show that for taking action under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All209
..... the supreme court went into the question of judging, the validity of an amendment by which prior permission was required by section 25m of the industrial disputes act, 1947, as amended by act of 1976. the madras high court held that the said section was invalid in view of the decision of the supreme court in excelwear's case ..... supreme court has already taken note of the observation in (1995) 1 scc 574 : (1995 air scw 313), i.e. khodey distillery ltd. v. state of karnataka, therefore, the conclusion is irresistible that the prohibitionary enactment is permissible if the objective sought to be achieved is laudable to that extent i.e. 'welfare of people'.24 ..... by special resolution may, and where required by the state government shall, make bye-laws applicable to the wholeorany part of the municipal area, consistent with this act and with any rule, for the purpose of promoting or maintaining the health, safety and convenience of the inhabitant of the municipal area and for the furtherance of .....
Tag this Judgment!Court : Allahabad
Reported in : [2002(94)FLR827]; [2003]44SCL536(All); (2002)2UPLBEC1942
..... special laws in favour of the weaker sections such as the scheduled castes, vide articles. 15(4) and 16(4), women vide article 15(3) etc. the sick industrial companies act, as observed in ourorder dated 19.7.2002, does just the reverse, namely, benefiting the rich and the prosperous. it is well known that often unscrupulous businessmen transfer the ..... .c.i., i.d.b.i., etc.) which have become similarly irrecoverable. 14. in paragraph 11 of the counter-affidavit, it has been stated that the sick industrial companies act has failed to achieve its aim and object for which it was enacted. 15. in paragraph 14 of the counter-affidavit, it is stated that p.i.c.u ..... donewith regard to companies because they can go to b.i.f.r. and get protection of section 22 of the act. one can understand giving protection to the poor and weak people, but the sick industrial companies (special provisions) act, 1985. does just the reverse, by giving protection to the rich in respect of recoveries against them, while no .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other ..... on the basis of any principle of interpretation of statutory provisions. in r. rudraiah v. state of karnataka it was contended on behalf of the appellants that section 48-a of the karnataka land reforms act, 1961 which provided far the making of an application within a particular period should be construed liberally ..... application filed by the respondent was dismissed on 5.7.1997. the appellate authority exercising the jurisdiction under section 17 of the payment of wages act, 1936 has considered the application of the respondent no. 2. without application of mind and without considering the evidence on record illegally allowed the .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1054; II(2003)BC305; [2003]117CompCas366(All)
..... financial institution or a state level institution or a scheduled bank may, if it has sufficient reasons to believe that any industrial company has become, for the purposes of this act, a sick industrial company, make a reference in respect of such company to the board for determination of the measures which may be adopted ..... , expeditious determination and practicable despatch of all measures to be enforced were thus the impelling motives to enact the sick industrial companies (special provisions) act, 1985. in order to timely detect the sickness, the act provides the board of directors of the company to make a reference to the board. it can be made by ..... v. garware plastics and polyesters limited and ors., (1995) 3 scc 4651, the supreme court considered the legislative intent of the act for timely detection of sick or potentially sick industry and for taking up proceedings for revival and rehabilitation expeditiously to be completed within a time frame and if unavoidable, it should be .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC1861; [2002(93)FLR913]; (2002)IIILLJ142All; (2002)2UPLBEC1456
..... of the applicability or otherwise of section 29(2) of the limitation act will not arise.6. in view of what has been stated above, these writ petitions deserve to be dismissed and are hereby dismissed. the interim orders, ..... nor the deposit was made within the limitation prescribed. learned counsel for the petitioners-employer has relied upon a decision regarding section 29(2) of the limitation act, but in view of my observations above, since the appeal has not been filed after following the procedure prescribed and beyond the limitation prescribed, the question ..... was presented, it was not proper, inasmuch as neither the memorandum of appeal was accompanied by the certificate, referred to in section 17(1a) of the act, nor the amount sought to be appealed against was deposited before the appellate authority or the prescribed authority, but since the amount has subsequently been deposited, .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
..... the sources of employment.225. we have come across several schemes framed by the states in terms whereof incentive are being given to the private industries for generating employment or reduction in taxes is being proposed if graduate are employed. the respective states, therefore, must apply the mind while granting ..... 14 is condition precedent. air 1997 kant 44 (47).(2) provision of section 5 of karnataka prohibition of admission of students to the unrecognised and unaffiliated educational institution act, 1993 being repayment to provision of act has to be held as void and cannot be resorted to by the state government for ..... purposes. a society registered under societies registration act shall (be) deemed to act for the furtherance of object provided under the act and to facilitate the promotion of literature, science, fine arts and alike charitable purposes. accordingly, the committee of management constituted under societies registration act cannot equate their activities with others who .....
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