Court : Allahabad
Reported in : AIR1954All538; (1954)IILLJ279All
..... the question, however, has to be decided on the language of the section rather than on such general considerations and the language of the section appears to me to indicate that the power given to the government relates to the present and the future.where the dispute is as regards any past period, it is open to the government to have the matter decided either by a board of conciliation or by industrial tribunals under the central act or under clauses (c) and (d) of section 3 of the u. p. ..... to do under section 3 of the act, that the delegation of the legislative powers was without any limitation and was not canalized within specified limits and that the powers conferred by section 3, of the act were capable of being applied by the executive government unreasonably, arbitrarily and capriciously.the question how far the indian legislatures are competent to delegate their legislative powers-to the executive government was considered by the supreme court of india -- 'air 1951 sc 332 (a)', in the light of this decision of their lordships of the supreme court, a full bench of this .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]319ITR363(All)
..... the income-tax appellate tribunal, allahabad, has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the opinion of this court:whether, on facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the income of the assessee-trust is exempt on the interpretation of the provisions of sub-section (4a) of section 11 of the income-tax act, 1961?2. ..... )/1993) claiming that the income was not earned from business, it did not fall within the provisions of section 11(4a) of the act and was exempt under section 11 of the income-tax act.7. ..... the aims and objects of the trust were to educate the general masses about the ancient glory and cultural heritage of the country, to acquaint them with nature and environment, to impart them with vedic education and to work for the spiritual upliftment of masses in general leading them to involve in social welfare activities. ..... in appeal, vide his order dated december 20, 1994, the learned commissioner of income-tax (appeals) reversed both the findings of the assessing officer and held that the trust was a valid one and that its income was not from business and, hence, the provisions of section 11(4a) were not attracted. ..... a vigorous campaign of publicity was mounted through national newspapers. ..... )/1995) contesting both the findings of the first appellate authority.8. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2008All46; 2008(1)AWC193
..... the application of the insurance company under section 170 of the act was allowed by the tribunal saying that the vehicle owner did not contest the proceeding. ..... it is more so in a case of claim petition under section 166 of the act, where the tribunal has to arrive at a quantum of 'just' compensation. ..... (supra) is that when an act is a social welfare legislation and in construing so the court should adopt a beneficent rule of construction and if a section is capable of two constructions, that construction should be preferred which fulfils the policy of the act, and is more beneficial to the persons in whose interest the act has been passed. ..... in construing a social welfare legislation, the court should adopt a beneficent rule of construction; and if a section is capable of two constructions, that construction should be preferred which fulfils the policy of the act, and is more beneficial to the persons in whose interest the act has been passed. ..... it is also to be remembered in this context that composite analysis of two three judges' bench of the supreme court in national insurance company limited (supra) and jeevanlal ltd. ..... having regard to the environment from which these children were brought, their parents being reasonably well placed officials of the tata iron and steel company, and on considering the submission of mr. ..... a writ petition was filed in the supreme court under article 32 of the constitution claiming compensation amongst others. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All57; (1992)1UPLBEC746
..... no counter-affidavit having been filed, the averments of the petitioners that the open space, namely, adu park, as shown in the plans (annexures-'1' and '1-a') to the petition,) was earmarked for development of a public park, that no steps whatsoever have been taken so far by the respondents to develop the said area as a park for the benefit of general public and that the said plan(annexure '1' to the petition) was duly approved by the state government under section 10(2) of the act, remain uncontroverted.7. ..... allowed with the following directions:(i) the respondents shall cause a blue print / lay out plan of the proposed park in the open space, namely, adu park, as shown in annexures '1' and '1-a' to the petition to be prepared till the end of june, 1992; (ii) the said blue print/lay out plan shall depict trees on the periphery of the park to preserve and to protect environment, lawn having flower beds, beds for seasonal and permanent plants, promenades facilitating the movement of the people; (iii) the blue print/lay ..... the last clause (j) of article 51a of the constitution further mandates that it shall be the duty of every citizen of india to strive towards excellence inall spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and ..... if the functionaries of the state instrumentalities show their averseness to the developmental activities, which are assigned to them, then the nation can never grow to the cherished heights .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC3104
..... it might have in that sense deprecated the activism but shown consciousness to the scheme of allocation of business amongst the instrumentalities under the constitution. ..... rathinam-appellant before the apex court and his 74 colleagues at the bar filed petitions before the chief justice of high court for cancellation of ball.the matter was referred to the division bench by the chief justice of the high court. ..... lokayuktas act, 1975, against the public servant within the meaning of section 2 (h) and (j) of the said act. 25. ..... bhim raoambedkar, government of uttarpradesh decided in august, 1995 tobuild a national monument depictinghis distinct personality, life events,thoughts and relentless efforts for theupliftment of the oppressed classes ofthe society. ..... ; (b) committed an error of law ; (c) committed a breach of rule of the natural justice ; (d) reached a decision which no reasonable tribunal would have reached or (e) abused its powers. 26. ..... secretary of state for the environment and anr. ..... he is not supposed to distribute largess. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2375
..... order to protect taj mahal which is amongst world wonders, the supreme court took into account the report of central board of prevention and control of water pollution, new delhi (control of urban pollutionseries (cups/7/1981-82 page 1981-82) titled as 'inventory and assessment of pollution emission in and around agra-mathura region' and the 'overview report' regarding status of air pollution around the taj in 1990 by national environment engineering research institute (neeri), and got a survey conducted through the up. ..... anncxurc-12 to review petition, is a letter of the general manager, district industries centre, agra to executive engineering electricity distribution division, agra for disconnecting the electric supply of 74 units in pursuance of there order of supreme court where the undertaking has not been received under the orders of the supreme court dated 3.10.2001 and a list of establishment which have not given undertaking which includes ..... the constitution bench of supreme court, hearing the case struck down section 25-0 as it then stood before its amendment, by amendment act ..... any competent industrial tribunal and as a last alternative to limit the period of closure until the production is resumed either after acceptance of rehabilitation by bifr or supply of gas by gas authority of india ..... the indian electric fan industry is facing tremendous pressure both in the terms of prices and business volume with rapidly changing economic environment both within the country and .....
Tag this Judgment!Court : Allahabad
Reported in : 1998ACJ721; AIR1998All1; (1997)2UPLBEC1344
..... only those substances which are specified in the notification of the central government under section 2(d) alone can be regarded as 'hazardous substance' for the purposes of the act, or it can be interpreted to mean that all 'hazardous substances' as defined in the environment protection act, 1986 are also 'hazardous substances' for the purpose of the 1991 act with this exception that if any substance has been specified in the notification of the central government under section 2(d) then that substance will be ..... the basis of the doctrine of strict liability is two fold (1) the people who engage in particularly hazardous activities should bear the burden of the risk of damage that their activities generate, (2) it operates as a loss distribution mechanism, the person who docs such hazardous activity (usually a corporation) being in the best position to spread the loss via ..... the constitution states 'the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national ..... the public liability insurance act; 1991 is till date the most important legislation on the subject of claims for accidents due to hazardous substances and is likely to be of great significance for business and industry in the ..... the landmark constitution bench decision of the ..... tribunal-cum-labour court, we had occasion to say, 'semantic luxuries are misplaced in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... the bench and hon'ble the chief justice is reproduced below;'since our opinion is divided, we state the point of difference for being decided by another judge to be nominated by hon'ble the chief justice, as follows:-- 'whether by virtue of section 18g of industries (development and regulation) act, 1951, the state legislature stood denuded of power to legislate regulating supply, distribution and price of molasses -- a product of sugar industry, and was consequently incompetent to enact sections 7, 8 and 18 of the uttar pradesh sheera niyantran adhiniyam, 1964 (u. p. ..... the basic purpose underlying construction of legislation is to ascertain the real intention of the parliament why should the aids which parliament availed of such as report of a special committee preceding the enactment existing state of law, the environment necessitating enactment of legislation and the object sought to be achieved be denied to court whose function is primarily to give effect to the real intention of the parliament in enactment of the ..... commerce in, or the production, supply and distribution of, any goods, whether they are products of industries whose regulation under the control of the union is declared by parliament by law to be expedient in the public interest or not, if their regulation becomes necessary or expedient in the national interest. ..... signed in court on january 6, 1995 and on the same day they passed the order in accordance with chapter ..... law at the instance of a tribunal or .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2060
..... the applicants, who have challenged the provisions of recruitment of assistant teachers under the operation blackboard scheme before the tribunal did not possess the requisite qualification for being selected under the said scheme as assistant teachers and their names did not figure amongst the list forwarded by the district ..... in teacher education obtained from an institution duly recognised under the provision of the act, would be treated as a valid qualification for purposes of appointment in schools, and colleges or other educational body aided by the central government or any other state government, regard being had to the purpose and object sought to be achieved by the act as also the provisions thereunder as discussed above, we are persuaded to take the view that the person having obtained the qualification in teacher education from a recognised institution would ..... has also been recognised by the national council of teachers education established under section 3(1) of 1993 act, as a teachers training ..... wherein the hon'ble supreme court had held that district-wise distribution of seats in the absence of nexus between such distribution and the objects sought to be achieved would be violative of article 14 of the constitution ..... submits that the local candidates can get themselves better assimilated into the local environment and will be in a better position to interact with the students at ..... a division bench of this court in the case of ..... , 1995(3) awc 1653 : 1995(5) scc ..... air 1995 ..... 1995 .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)IIILLJ651All; (1999)1UPLBEC463
..... it is further stated that the central government introduced the employees pension scheme of 1995 and in paragraph 3 of the said scheme from and out of the contributions payable by the employer in each month under section 6 of the act or under the rules of the provident funds of the establishment which is exempted under clauses (a) and (b) of sub-section (1) of section 17 of the act or whose employees are exempted under either paragraph 27 or paragraph 27-a of the employees' provident fund scheme, 1952, a part of the contribution representing 8.33% of the employees pay was to be remitted by the employer to the employees' pension fund within 15 days of the close of every ..... section 7i deals with the provisions of appeal to the tribunal which is as under:7-1: appeals to tribunal : (i) any person aggrieved by a notification issued by the central government, or an order passed by the central government or any authority under the proviso to sub-section (3), or sub-section (4) of section 1, or section 3, or sub-section (1) of section 7a, or section 7b (except an order rejecting an application for review referred to in sub-section (5) thereof) or section 7c or section 14b, may prefer an appeal to a tribunal against such notification or order. .....
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