Court : Allahabad
Reported in : 2006(1)AWC992
..... residential muslimresidential muslim university at university at aligarh, and toaligarh, and to dissolve the dissolve the societies registeredsocieties registered under the under the societies' registrationsocieties'registration act, act, 1860, which are1860, which are respectively respectively known as theknown as the mohammadan mohammadan anglo orientalanglo oriental college, aligarh, college, aligarh, and the muslimand the muslim university university association, and toassociation, and to transfer to transfer to and vest in the ..... accounts and same;(b) of considering ordinances; (d) to elect such persons to serve on authorities of the(c) of considering and passing university and to appoint suchresolutions on the annual officers as may be prescribed by report, the annual accounts and this act or the statutes; andthe financial estimates;(d) of electing such persons to (e) to exercise such otherserve on authorities of the powers and perform such other university and of appointing duties as may be conferred or such officers as may be imposed ..... the fault might lie with the university because of its insufficient foresight and its insufficient publicity in taking in as many as 50% mohammadan students when they were claiming the mohammadan reservations after 85 years of the incorporation of the university for the first time, but we leave it to the conscience of ..... kerala university act, 1969 came for ..... celebrated enunciation of principle in above regard was laid down in 1969 (2) s.c.c. .....
Tag this Judgment!Court : Allahabad
Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)
..... that the profits from the sale of import entitlements were not profits derived from the export of goods by the assessee and accordingly not entitled to the tax concession provided under section 2(5)(a)(i) of the finance act, 1969 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal way right in holding that the amounts paid to mrs. ..... company to which this clause applies or any subsidiary company of such company where such subsidiary company fulfils the conditions laid down in clause (b) of section 108 (hereinafter in this clause referred to as the subsidiary company) or (d) the public (not being a director, or a company to which this clause does not apply); (ii) the said shares were at any time during the relevant previous year the subject of dealings in any recognized stock exchange in india or were ..... -69 : '(1) whether the tribunal was right in holding that the asses-see was not entitled to the concessional rate of income-tax as provided in clause 1 (a)( 1 )(ii) of the proviso to paragraph f of part i of the first schedule to the finance act, 1968 (2) whether the income-tax appellate tribunal was light in holding that the assessee is not a company as is mentioned in section 108(b) on the ground that the orient carpet . ..... whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in holding that the assessee is not a company as is mentioned in section 108(b) on the ground that orient carpet . .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)IIILLJ324All; (2004)2UPLBEC1577
..... ble supreme court, considered the issue as to whether 'inspector' in the bombay iron and steel board, constituted under the maharashtra mathadi, hamal and other manual workers (regulation of employment and welfare) act, 1969, was 'workman' under the definition and observed as under :'no doubt, in deciding about the status of an employee, his designation alone cannot be said to be decisive and what really should go ..... rehabilitation of particular section of labour, and, if need be, on the basis of his own decision, which calls for a high degree of discretion and exercise of power to prosecute the violator of the provisions of the act, rules and the provisions of the scheme, we are unable to accord our approval to the claim made on behalf of the appellant that he can yet be assigned the status of a 'workman' without doing violence ..... of ways and means to improve the sales, a study of the type or status of the public to whom the product has to reach and a study of the market condition. ..... was also required to suggest about the publicity in markets and melas, advertisements including ..... examined the issue as to whether a salesman looking after sales promotion, publicity and advertisement of a company's products, falls within the ambit of workman as defined under the central act. ..... him as such are identical and akin to law enforcing agency or authority and also on a par with prosecuting agency in the public law field.'17. ..... but no public company, even if the shares were exclusively owned by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC748; 2005(2)ESC1205; [2005(105)FLR779]
..... when the uttar pradesh state road transport corporation was created on 1.6.1972, the workman filed a claim petition in the year 1976 before the public service tribunal, lucknow challenging his removal from service by the u.p. ..... the claim petition was filed by the workman before the public services tribunal, lucknow in 1976 challenging his removal from service ..... he has further submitted that from a bare perusal of office order dated 26.10.1969 (annexure 1 to the writ petition) passed by the petitioner and the judgment and order dated 3.11.1987 passed by this court in writ petition no, 19932 of 1987, it appears that the documents were with the ..... state road transport corporation as his services had been terminated in 1969 and there was no question of his giving any option for ..... their workmen (supra) that merely because the industrial disputes act does not provide for a limitation for raising the dispute it does not mean that the dispute can be raised at any time and without regard to the delay and ..... industrial disputes act, 1947 on no post ..... industrial disputes act, 1947 and as such the award of the labour court is fully in accordance with law laid down by the apex court in ajaib ..... an industrial dispute could not be thrown out on the ground of delay and latches and the labour court may mould the relief as no limitation has been provided either under the industrial disputes act, 1947 (central) or u.p. ..... industrial disputes act, 1947 between the petitioner-corporation and respondent-workman .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the public peace, to prevent the commission of offences and public nuisances, to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists; and it shall be ..... judge of this court while deciding the case in indra bahadur singh (supra), dealt with the issue of fixing the maximum age limit by issuing government order under section 2 of the act, 1861 and also the applicability of rules, 1972 and also referred to the order dated 7th july, 1996 issued by the governor, which provided for exemption of the police services from ..... department under the ministry of home affairs (a wing of the government) and on the wake of the understanding as above and acting thereon would mean and imply that while the state legislature passed the act of 1994 but by reason of the provisions of a special statute, namely, the police act, read with the authorisation contained therein, to frame rules by way of executive orders, the government of uttar pradesh obviously did ..... of publication of the government order in the gazette has been considered by the hon'ble supreme court in chandra prakash tiwari- (supra) observing that it is not mandatory as required under section 46(2) of the act, 1861 ..... : [1969]72itr787(sc) ..... 1969 .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1371
..... court has held that no interim order on application for correction of the date of birth should be passed by the tribunal or the high court keeping in view only the public service, directing the employee to be continuing in service unless there are cogent and conclusive materials produced by the employee that the date of birth recorded in the service record ..... the tribunal must, therefore, be slow in granting an interim relief or continuation in service, unless prima facie evidence of unimpeachable character is produced because if the public servant succeeds, he can always be compensated, but if he fails, he would have enjoyed undeserved benefit of extended service and thereby caused injustice to his ..... state of assam, air 2001 sc 2231, the supreme court, while examining the issue regarding admissibility of school admission register under section 35 of the evidence act, held that as it was not clear as under what provision of law, the school register was maintained, the entries made in such a register cannot be taken as a proof of age of the ..... the states have framed statutory rules or in absence thereof issued administrative instructions as to how a claim made by a public servant in respect of correction of his date of birth in the service record is to be dealt with and what procedure ..... public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the births, deaths and marriages registration act ..... , air 1969 sc 903 ; .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC156; [2002(95)FLR837]
..... filed for the enforcement of any of the fundamental rights or where there has been a violation of the principles of natural justice or where the order or proceedings are wholly without jurisdiction or the fires of an act is challenged.therefore, the jurisdiction of the high court in entertaining a writ petition under article 226 of the constitution inspite of the alternative statutory remedies is not affected, specially in a case where the authority against ..... only when statutory remedies are entirely ill-suited to demand of extraordinary situation as for instance the very vires of a statute is in question or where private or public wrongs are so inexorably mixed up and the prevention of public injury and jurisdiction of public justice require that recourse be had to article 226 of the constitution, but then the court must have good and sufficient reason to by-pass alternative remedy provided ..... parishad, air 1969 sc 556 ..... the petitioner and the respondents or that he was an employee of independent contractor can only be determined in adjudication proceedings on the basis of oral documentary evidence which may be adduced under the aforesaid act before the labour court. ..... counter-affidavit, it has been denied that sections 25t and 25u of the industrial disputes act, 1947, are attracted. ..... him of the status of a regular/ permanent employee and have been keeping him as a temporary/casual employee, which is against the provisions of sections 25t and 25u of the industrial disputes act, 1947.4. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... says that 'it is expedient to establish and incorporate a teaching and residential muslim university at aligarh, and to dissolve the societies registered under the societies registration act, 1860 which are respectively known as the muhammadan anglo-oriental college, aligarh, and the muslim university association, and to transfer and vest in the said university all properties and rights of the said societies and of the ..... university is entitled to the benefits of article 30 of the constitution of india, specifically when academic council and the executive council in control of the university on date have been reconstituted by the amending acts of 1951 read with the amending act of 1965, the constitutionality whereof has been upheld by the hon'ble supreme court only after coming to the conclusion that aligarh muslim university was not a minority institution.60. ..... below :'2(1) 'university' means ** the educational institution of their choice established by the muslims of india, which originated as the muhammadan anglo-oriental college, aligarh and which was subsequently incorporated as the aligarh muslim university.5(2)(c) to promote especially the educational and cultural advancement of the muslims of ..... organised a committee to devise ways and means for educational regeneration of muslims and in may, 1872 a society called the muhammadan anglo-oriental college fund committee was started for collecting subscriptions to realise the goal that sir syed ahmad khan had conceived. ..... public ..... 1969 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All49; 1959CriLJ9
..... of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall and in determining whether or not such a book is obscene regard must be had to that book alone; other books not the subject of charges may ..... stated under that head is that two men lie down close together in the same fashion as the two women described above and the woman enjoys with one man by the acts of inner coitus and she gives enjoyment to the other man by putting his penis into her mouth which is known as 'mukh maithun' or by giving him enjoyment by outer caresses, ..... lyengar the librarian of the government oriental library mysore, and the passages aforesaid are ..... is expressly stated that the sale of the book is strictly restricted to members of the medical and legal professions and to students of psychology and sociology and that the publication is sold for their personal use only and in no case should it be lent or given away to others for obvious reasons. ..... the gratification of their normal and abnormal sex appetites and it described varieties of sexual intercourse in a manner which to say the least was obscene, if the probable effect of the publication was to prejudice public morals and decency the accused must be taken to have intended the natural consequences of his acts. ..... if the publication is obscene, it is an offence against the act, although there was no intent on the .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)198CTR(All)274; [2006]281ITR70(All)
..... and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been, or would not be disclosed for the purposes of the indian income-tax act, 1992 (11 of 1992), or this act (hereinafter in this section referred to as the undisclosed income or property), the officer so authorized in all cases being hereinafter referred to as the authorized officer to -(i) enter and search any building, place, vessel, vehicle ..... search the office of the district excise officer, rewa was not permissible; the said warrant of authorization dated 15.03.1999 had been issued without there being any information in possession of the authority under the act to form an opinion that the firm was having undisclosed/unaccounted money and, therefore, the search itself was invalid, illegal and if the order of authorization itself was illegal, the entire proceedings stood vitiated ..... parasaran, : 1996crilj3983 , the hon'ble supreme court has observed as under: -'no litigant has a right to unlimited drought on the court time and public money in order to get his affairs settled in the manner as he wishes. ..... [1969]74itr836(sc) , has held that the search and seizure under section 132 of the act may violate and have serious invasion upon the rights of privacy and freedom of the tax-payer, therefore, the powers must be exercised strictly in accordance with the law and only in furtherance of the purpose of the act. ..... oriental fire and general insurance .....
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