Court : Allahabad
Reported in : (2009)IVLLJ120All
..... has been extended the benefit of industrial disputes act by adopting the provisions of the said act by reference under section 6(2) of the 1976 act. industrial disputes act, 1947 has been amended by amendment act (46 of 1982). by virtue of section 24 of amendment act, section 6(2) of 1976 act has been omitted but central government has not given ..... effect to said clause as per notification no. s.o.606 (e) dated august 21, 1984. as logical consequence, it will have to be held that section 6(2) of 1976 act ..... be dismissed on june 24, 2005. the aforesaid two orders have been challenged by the petitioners in writ petition no. 10794/2005 by means of amendment application.6. in the meantime the respondent no. 2 has yet again laid a claim before respondent no. 1 under section 15(2) and (3) of .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC769
..... list. the legislative power of the state pertaining to education is dealt with in entry 25, list iii of the vii schedule of the constitution. after constitution's forty-second amendment act, 1976, entry 25 of list iii is to the following effect:25. [education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and ..... make regulation by notification not inconsistent with the provisions of this act and the rules made thereunder, to carry out the provisions of the act. under the national council for teacher education act, 1993, regulations have been framed, namely, national council for teacher education (recognition, norms and procedure) regulation, 2005, which has been amended from time to time. the regulations prescribe norms and standards .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC391; [2008(119)FLR1180]
..... 2006 of the police headquarters. however, the recruitment to the wireless wing is governed by u. p. police radio adhinasthya seva niyamawali, 1982 as amended in 2005. these executive instructions and rules for recruitment provide for inviting applications from eligible candidates through newspaper notifications and for holding physical, written and interview ..... merely forwarded the complaints to the d.g.p. for necessary action. the director-general of police, being the principal officer of the department acting upon the complaints constituted the committee and ordered the enquiry. the complaints made by peoples representatives was sufficient material to enable him to reach the ..... for criminal prosecution of the chairman and members of different recruitment boards under various sections of the indian penal code read with prevention of corruption act as sufficient evidence against them was found by the anti-corruption organization of the state. why then, these officials have not been placed .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1123
..... liability regarding the payment of the market fee. the provision of section 17(iii)(b) as amended by u.p. act no. 7 of 1978 is the present bone of contention between the parties, wherein, the liability is fixed with regard to the payment of the mandi fee.26 ..... and(4) in any other case of sale of such produce the purchaser shall be liable to pay the market fee to the committee.25. this provision as amended by the u.p. act no. 7 of 1978 is an important one insofar as the controversy involved in the present writ petitions are concerned as it embodies an integrated scheme fixing the ..... leviable in the entire market area on the sale of specified agricultural produce.24. section 17 (iii)(b) of the mandi act was again amended by the u.p. act no. 7 of 1978 with retrospective effect, i.e., from 12.6.1973 and the amended provisions reads as follows:17. powers of the committees.--a committee shall, for the purposes of this .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)22VST230(All)
..... u. p. as an incentive measure. in pursuance of power conferred by section 4a of the act, a notification was issued on january 29, 1985 followed by the amended notification dated april 26, 1995. according to the amended notification, the government has got power to grant exemption from payment of trade tax for the ..... ' and 'penalty7 are substantially synonymous.penalty and punishment:'penalty7 is synonymous with 'punishment', in connection with crimes and is fixed by the law defining the criminal act.40. thus, even keeping in view the dictionary meaning of the word 'penalty', it shall be incumbent upon the authorities to establish that the petitioner has ..... rights; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged. in these circumstances, an alternative remedy does not operate as a bar. (see : whirlpool corporation v. registrar of trade marks : air1999sc22 , harbanslal .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2538
..... tenant that in the original release application in para 3, property in dispute was described as house, however in the earlier appeal the said assertion was got amended by filing amendment application.11. in the earlier appeal, a commission was issued to inspect the property in dispute. commissioner submitted report, which is paper no. 66.12. ..... of tenants respondents, hence before issuing parvana dakhal/writ of possession on the execution application, which may be filed by the landlord under section 23 of the act in pursuance of this judgment, prescribed authority shall issue notice to the tenant respondent no. 3.23. from today till actual eviction, tenant shall be liable ..... commercial and secondly, whether landlord really intended to establish his son in cloth business or not 7. by virtue of third proviso to section 21 of the act, no release application shall be entertained in the case of any residential building or accommodation for business purposes.8. the appellate court held that in the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC121
..... to in the said sub-section which may have been let out by him before the commencement of the uttar pradesh urban buildings (regulation of letting, rent and eviction)(amendment) act, 1976 to apply under clause (a) of subsection (1) of section 21 for the eviction of his tenant from such building, notwithstanding that such building is ..... and his son are carrying on business of sharrafa and the shop in question is not at all required. after the said written statement had been filed, amendment was made in the written statement which was allowed on 8.7.1997 mentioning therein that one shop was again fallen vacant. the prescribed authority on the basis ..... conduct of the landlord to induct a person through back door into a premises, without there being an order of allotment in violation of section 16 of 1972 act, would be a relevant consideration to be considered by the concerned authority while examining the release application. the duration for which such unauthorized occupant has continued, the .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]150CompCas280(All)
..... conflict of interests and to realise workmen's dues, who have been treated as secured creditors having pari passu change over the assets of the company, after the amendment of section 529a by act no. 35 of 1985, it is necessary that the company court must be informed, so that directions be given to associate the official liquidator for the purposes of ..... the secured debts in the winding up of a company and are to be paid under the amended section 529a in priority to all other debts and in case of in sufficiency are to abate in equal proportions.41. where the provisions of the special act are provided to override the provisions of other laws and have been given the same static .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC694
..... has declared 16.47 acres of land as surplus as petitioner after a lapse of five years of finalisation of proceeding has filed an application for amendment in the earlier objection on the ground that during consolidation proceeding in the village, area of petitioner has been reduced and petitioner's son sri samar ..... purposes of taking possession, petitioner filed an objection stating therein that during this period as village in question was notified under section 4 of consolidation of holding act and in that proceeding, area of petitioner has substantially been reduced, therefore, that may be considered. prescribed authority has not accepted the claim of petitioner. ..... basis of the aforesaid fact issued notice to petitioner. petitioner filed an objection on the ground that villages have been notified under the consolidation of holding act and due to consolidation, the area of petitioner has been substantially reduced. sri samar pal singh and the son of petitioner mahavir singh filed an .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)23VST416(All)
..... regard to the scheme of the section which is reproduced below: (at page 127 of stc)the scheme of section 3aaaa of the u.p. sales tax act, 1948, as it stands after amendment of 1992 is this: (1) if a dealer purchases the goods liable to tax at the point of sale to the consumer from any registered dealer ..... the dealer, on the other hand, supports the impugned order of the tribunal. the crux of the controversy is the applicability of section 3aaaa of the act. the said section was introduced by way of amendment with effect from october, 1, 1997. it provides tax on purchases of goods in certain circumstances. the present case falls under section 3aaaa(b) ..... wherein it has been provided that every dealer is liable to tax under this act on purchases of any goods from any person other than the registered .....
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