Court : Allahabad
Reported in : 2003(2)AWC1321; [2003(97)FLR221]; (2003)IILLJ732All; (2003)2UPLBEC1147
..... under section 5a and section 5b respectively of the employees provident fund and miscellaneous provisions act, 1952 (19 of 1952). or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporations act, 1953 (27 of 1953), or the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) or the oil and natural gas commission established under section 3 of the oil and natural gas commission act, 1959 (43 of 1959), or the deposit insurance and credit guarantee corporation established under section 3 of the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 ..... not make arrangement to pay the gratuity within thirty days, when it becomes payable, the workman becomes entitled for interest. for ready reference section 7(3) and section 3a are quoted below :'7. determination of the amount of gratuity,--(1) a person who is eligible for payment of gratuity under this act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed for payment of such gratuity. (3) the employer shall arrange to pay the amount of gratuity .....
Tag this Judgment!Court : Allahabad
Reported in : [2002]112CompCas562(All)
..... does not propose to press section 466 in support of his application and that it should be treated an application to assist the official liquidator in disposal of assets under section 457 of the companies act, 1956. before the court considered the merits of the application (a-30) filed by the state government in the aforesaid background, it is necessary to consider the objection of the allahabad bank. 33. allahabad bank is a secured creditor and that all the assets of the corporation, have been mortgaged and hypothecated with ..... company (in liq.) and that the sale proceeds receive therefrom are liable to be adjusted towards the dues of the state bank of india. it is submitted in the application that the state bank of india along with the industrial development bank of india, industrial finance corporation of india, industrial credit and investment corporation of india ltd., life insurance corporation of india ltd. and allahabad bank granted a term of rs. 4700 lacs in a consortium of the company (in liq.). share of each member of the consortium ..... have received an offer which complies with the requirements of the committee for sale, with intentions to avoid further delay for sale of the assets of the company (in liq.). 43. i have already disposed of the objections of allahabad bank, state bank of india to the application of the state government in the preceding part of this order. two more objections have been received first by bharatpur nutritional products limited (formerly known .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2054
..... terminated, such tenant is entitled to statutory protection but where the tenant is not entitled to statutory protection under the rent control act, his occupation will be unauthorised within the meaning of section 2(g) of 1971 act. in this case, the life insurance corporation of india filed application for eviction before the estate officer under u. p. public premises (eviction of unauthorised occupants) act. 1971, after determination of the tenancy of the tenant, it was held that his occupation will be unauthorised.25. in ashoka marketing ..... behalf of any local authority or any public sector corporation.' 15. public sector corporation was defined under section 3(p) of the act as follows :'public sector corporation' means any corporation owned or controlled by the government, and includes any company as defined in section 3 of the companies act, 1956. in which not less than fifty per cent of the paid up share capital is held by the government.'16. admittedly, the life insurance corporation is a public sector corporation. after the enforcement ofact no. xxviii of 1976. it ..... was removed.12. u. p. act no. iii of 1947 was repealed by section 43 of u. p. urban buildings (regulation of letting, rent and eviction) act. 1972 (u. p. act no. xiii of 1972) which came into force with effect from 20.9.1972. after repeal of the said act, the provisions of u. p. act no. xiii of 1972 were made applicable to all the buildings which were governed by the provisions of act iii of 1947 and also those .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All1b
..... restriction as to the kind of contract which it can make with its servants or the grounds on which it can dismiss them.109. in the case of life insurance corporation of india v. mukherjee : (1964)illj442sc the supreme court held that section 11(2) of the life insurance corporation act, 1956 was paramount and would override any provisions of the order passed by the central government if it was contrary to it. next would come the order and lastly the regulations ..... first two cases referred, that is of the principal of the vaish college and the teacher of dayanand college a claim has been made that the termination of their respective services by the management of the colleges concerned was in violation of the provisions of the acts and the statutes applicable to the university to which the colleges were affiliated. on the relevant dates when the termination orders were passed by the management of the respective colleges they stood affiliated to the meerut university. in the case of 1969 all lj 612 a division ..... the terms and conditions of the contract.42. to sum up this part of the case it is clear that section 25-c (2) of the agra act, (parallel section 28 (3) of the meerut act) and the statute 30 of chapter xviii of the agra university act are proprio vigore enforceable and any breach of any terms thereof will be breach of statute and not a breach of contract.43. the next important question that remains to be considered is the nature and status of the committee of management or the .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]40CompCas611(All); [1971(21)FLR357]; (1970)IILLJ393All
V.G. Oak, C.J.1. By this petition under Article 226 of the Constitution a certain regulation framed by the Life Insurance Corporation of India (hereafter referred to as the ' Corporation ') has been challenged. Shyam Lal Sharma is the petitioner. The Corporation is respondent No. 1. The chairman of the Corporation is respondent No. 2.2. The Corporation was established under the Life Insurance Corporation Act, 1956 (hereafter referred to as 'the Act') with effect from the 1st of September, 1956. The petitioner is an employee of the Corporation. Section 49 of the Act has conferred on the Corporation power to make regulations. By virtue of that authority, the Corporation has made a number of regulations. Regulation No. 25 prohibits employees of the Corporation from participating in politics and standing for elections. According to the petitioner, regulation No. 25 violates a number of fundamental rights conferred on him by Article 19 of the Constitution, and is, therefore, void. The petit...
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All422; (1969)IILLJ470All
Jagdish Sahai, J.1. This special appeal is directed against the judgment of Oak, J. (as he then was) dated 9-10-1961, allowing writ petition No. 3164 of 1958 filed by the respondent, Sri Sharif Ahmad Nagrami (hereinafter referred to as Nagrami).2. Nagrami was in the service of the New India Insurance Company Limited, Bombay, as an Inspector, After the enforcement of the Life Insurance Corporation Act, 1956, the business of the aforesaid company was taken over by the Life Insurance Corporation of India (hereinafter referred to as the Corporation). The petitioner thereafter came in the employment of the Corporation. He was prosecuted before a Magistrate Ist Class for offences punishable under Section 406 I.P.C. The Magistrate convicted him underSection 406, I. P. C. and sentenced him to pay a fine of Rs. 500 in default to suffer imprisonment for one year. On 26-2-1957 the Divisional Manager dismissed Nagrami from service. On 5-3-1957 Nag-rami informed the Corporation of his acquittal and...
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All474
Uniyal, J.1. The plaintiff has filed this appeal from the decree or the Civil Judge, Meerut, dismissing his suit with costs.2. The facts giving rise to this appeal, shortly stated, are as follows: On the 15th January 1951 Mukhtar Singh, deceased unole of me appellant, made an application for insurance in the Crown Life Insurance Company, Toronto, Canada, with its branch office at Bombay (hereinafter referred to as the Company) for a sum of Rs. 35,000. In that application he stated his occupation as landlord and mill owner, Weaving and Spinning Mills, and his place of residence as C/o Brahma Dutta Sharma, Gujrati Well. Meerut City. On the basis of the above application the Company issued an interim policy to Mukhtar Singh on the 19th February 1951. The interim policy was approved by the Head Office of the Company which issued Insurance Policy No. 573766, dated 21st May 1951 in favour of the said Mukhtar Singh. In that policy the appellant was described as the nominee of the assured afte...
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All338
Desai, C.J. 1. This is a statement of a case submitted, at the instance of the Commissioner of Income-tax, U.P. by the Income-tax Appellate Tribunal, Allahabad Bench, to this Court inviting to answer the following question: Whether the business of an Hindu undivided family on which notices under Section 13 of the E.P.T. Act had been served before the disruption of the Hindu undivided family could be subjected to E. P. T, after the disruption of the Hindu undivided family? The assessee is it Hindu undivided family which once carried on business in hemp and oilseeds in the name of Neeka Lal Jai Narain and the question is of being assessed to excess profits tax for two chargeable accounting periods, (1) 1-9-1939 to 14-11-1939 and (2) 15-11-1939 to 24-10-1940. Notices as required by Section 13 of the Excess Profits Tax Act were served upon the Karta of the Hindu undivided family on 8-6-1942. On 27-2-1943 it was assessed to the excess profits tax for the first chargeable accounting period b...
Tag this Judgment!Court : Allahabad
Reported in : [1966]61ITR704(All)
M. C. DESAI C.J. - This is statement of a case submitted, at the instance of the Commissioner of Income-tax, U.P., by the Income-tax Appellate Tribunal, Allahabad Bench, to this court inviting to answer the following question :'Whether the business of a Hindu undivided family on which notices under section 13 of the Excess Profits Tax Act had been served before the disruption of the Hindu undivided family could be subjected to excess profits tax after the disruption of the Hindu undivided family ?'The assessee is a Hindu undivided family which once carried on business in hemp and oil seeds in the name of Neekelal Jai Narain and the question is of its being assessed to excess profits tax for two chargeable accounting periods, (1) September 1, 1939, to November 14, 1939, and November 15, 1939, to October 24, 1940. Notices as required by section 13 of the Excess Profits Tax Act were served upon the karta of the Hindu undivided family on June 8, 1942. On February 27, 1943 it was assessed t...
Tag this Judgment!Court : Allahabad
Krishna Murari, J. 1. The petitioner is a company duly incorporated under the provisions of Indian Companies Act, 1956 and is engaged in the business of developing and setting up housing colonies and commercial complex. 2. The tender submitted by the petitioner for commercial plot no. 003 at Block No. M, Sector 18, before the respondent no. 1 New Okhla Industrial Development Authority (hereinafter referred to as the 'Development Authority') was accepted and allotment letter dated 12.4.2004 was issued to the petitioner. The petitioner was put under an obligation to pay a sum of L40,25,24,433.25 being 25% of the allotment money after adjusting the earnest money of 3 crore already deposited within fifteen days from the date of the acceptance letter. The balance 75% of the premium amount was payable within 90 days from the date of issuance of the acceptance letter. In the meantime, public interest litigation was filed by one Anil Kumar Srivastava being writ petition no. 10137 of 2004 along...
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