Court : Allahabad
Reported in : II(1994)DMC64
..... it is irreligious than talaq bidaat definitely does not come eviction the frame work of the expression religion or 'religious freedom' and such a mode of talaq as claimed or relied on by petitioner being based on some practice or custom which appears to have developed in breach of the basic tennets of islam. right to religion ..... before a district court or the high court. mohammedan law also recognizes a right to live separately without an obligation to have cohabitation with her husband though such claim can be made only in rare circumstances tike cruelty or that her life is unsafe or other strong grounds.'their lordships further observed as under :'the obvious intention ..... of law, or to judge in relation to his function; pertaining to the administration of justice; proper to a legal tribunal; resulting from or fixed by a judgment in court.' in the context, therefore it means an act done in pursuance of an order or direction of a court of competent jurisdiction. it is used in contrast to .....
Tag this Judgment!Court : Allahabad
Reported in : I(2001)ACC139; 2001ACJ332; 2000(4)AWC2801
..... filed any appeal or cross-objection against the impugned order of motor accident claims tribunal, as the appeals against the order of the tribunal judge lie before the high court under section 110-d of the motor vehicles act, 1939. rule 21 of the accident claims tribunal rules uttar pradesh provides the extent to which the code of civil ..... due to contributory negligence of the deceased and the maximum statutory liability of the insurance company was upto rs. 20,000 only.5. the motor accident claims tribunal framed necessary issues arising out of above pleadings of the parties and on considering the evidence of the parties, held that mohd. idris deceased died in the ..... procedure may apply in cases pending before the accident claims tribunal as it is a special forum. the rules do not provide the extent .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All523; 1955CriLJ904
..... question of disobedience has been from time immemorial, the special function of the court', that it is not technical rule and that 'to submit the question of disobedience to another tribunal, be it a jury or another court, would operate to deprive the proceeding of half its efficiency'.every court of record in englana 'is the sole and exclusive judge ..... provision in article 20(3) any more than it attracts the provision of section 5(2) of the code. a contemner is not 'accused of an offence' and cannot claim immunity from being sworn as a witness.43. the privilege against self-crimination is merely an option of refusal, not a prohibition of enquiry. when an ordinary witness is on ..... from the penal code or the criminal p. c., nor are the punishments by the high courts under the sections of the penal code.19. the contempt of courts act (act ,12 of 1926), also to my mind, cannot be said to be the jaw which makes contempt punishable.some difference of opinion had arisen on the point whether the .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1547
..... before the lok adalat and verified the iqbaldawa or compromise. paramhans had filed an affidavit dated 15.9.1989 that he had not filed any iqbaldawa (admission) admitting the claim of the plaintiff. the suit was filed on 17.3.1988. the defendant had not filed any written statement. the court had not framed any issue nor the parties ..... executed sale deed in favour of respondent noa. 7 to 10. the petitioners alleged that paramhans filed iabaldawa (admission) in the suit on 19.8.1988 admitting the claim of the plaintiffs. the district authorities organised a lok adalat. the file of the case was sent to be decided in lok adalat on 11.12.1988. the sub ..... or other proceeding which is capable of being taken cognizance of by a lok adalat under the provisions of this act and pending before any court or tribunal, if the parties thereof make a joint application to the court or tribunal indicating their intention to compromise the matter or to arrive at a settlement, the presiding officer of the court or .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2354; (2000)3UPLBEC2024
..... suit. the appeal was allowed only on the question of maintainability on the ground that it was barred under section 6 of the u. p. public services (tribunal) act, 1976.2. mr. ashok bhushan, learned counsel for the appellant had contended that an employee under the regional rural bank is not a public servant within the ..... employer being a statutory authority had breached or violated the mandatory provisions of statute, can very well be maintained before a civil court claiming the relief which is otherwise available only before the industrial tribunal. whereas premier automobiles had dealt with the question within the exception (ii) provided in paragraph 17 of vaish degree college and ..... we may now summarize the principles flowing from the above discussion : (1) where the dispute arises from general law of contract, i.e.. where reliefs are claimed on the basis of the general law of contract, a suit filed in civil court cannot be said to be not maintainable, even though such a dispute may also .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)203CTR(All)75; [2006]285ITR158(All)
..... . 75,35,860/-1994-95 income of rs. 5,38,270/- with a claim for brought forward losses of earlier years amounting to rs. 75,35,860/-7. the return so filed by the rppl was duly processed under section 143(1)(a) of the act. later on, it was picked up for scrutiny by issuance of notice under section ..... amar kant gupta and disallowed the payment of commission to the extent such payment related to the rppl. dr. amar kant gupta preferred separate appeals before the income tax appellate tribunal, delhi, which vide order dated 3.3.2000 while allowing the appeals had quashed the order dated 30.3.1999 passed by the commissioner of income tax. consequently, the ..... income has been furnished by the assessee but no assessment has been made and it is noticed by the assessing officer that the assessee has understated the income or has claimed excessive loss, deduction, allowance or relief in the return;(c) where an assessment has been made, but -(i) income chargeable to tax has been underassessed; or(ii) such .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(107)FLR182]
..... delhi vide its notification dated 31.10.1991 has referred the dispute for adjudication to the central industrial tribunal under section 10 of the industrial disputes act, 1947 (in short act 1947). the opposite party no. 2 filed his claim through the union on the ground that he had worked from 15.2.1980 to 25.4.1981 and ..... were senior to the opposite party no. 2. a replication was filed on behalf of opposite party no. 2 wherein he claimed the benefit of the provisions of indian railway establishment manual. further he has claimed that he has got the status of temporary employee under the aforesaid manual and is entitled to be regularised. it is ..... tried to mislead the respondent no. 1 inasmuch as erroneously mentioned that some of the workmen junior to answering respondent were compassionate appointees. it may be clarified that railway board has clarified time and again that all the compassionate appointments is to be made on regular basis and, therefore, it cannot be held that those workmen, .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1980
..... approach as it would be an insult to justice oriented judicial system (see 2004 air scw 5162)19. sub-section 3 of section 21, administrative tribunal act, 1985 reads :-3. notwithstanding anything contained in sub-section (1) or sub-section (2) an application may be admitted after the period of ..... application no. 86 of 1991 (kishore kumar srivastava v. union of india and ors.). petitioner had also approached the respondents claiming reinstatement/regularisation under aforementioned circular of the railway board but no action was taken and being constrained petitioner filed original application no. 139 of 1993 before c.a.t., ..... case of miss usha kumari anand(supra). in pursuance thereto, petitioner filed representation (claiming reinstatement/ regularisation) before the concerned authority. this representation was, however, rejected by respondent no. 3, chairman/president, railway board, northern railway (now north central railway), allahabad by means of order dated 10.4.1996 (annexure 9 to the .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC676; (1999)1UPLBEC54
..... 226 of the constitution of india irrespective of availability of effective statutory alternative remedy by way of reference of claim before the state public services tribunal under section 4 of the u. p. public services (tribunal) act, 1976 (hereinafter called the 'act').8. the scope of discretion of the high court to entertain a writ petition under article 226 of ..... should have kept 'its hands off ; and that the petitioner should have been relegated to the effective statutory alternative remedy of reference of claim to the tribunal provided under section 4 of the act.12. chapter xxii of the rules envisages that on a petition under article 226 of the constitution being presented if the court does not ..... of punjab and others. air 1963 sc 531 ; jagdish mitter v. union of india. air 1964 sc 449 ; moti ram deka and others v. general manager, n.e.f. railway and another, air 1964 sc 600 ; champaklal chimanlal shah v. union of india, air 1964 sc 1854 : a. g. benjamin v. union of india. air 1967 (1) .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC437
..... or an additional district judge; or(b) he has held the office of the chairmen or any other member of the labour appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950 or of any tribunal, for a period of not less than two years ; or(c) he has been a presiding officer of a labour court constituted ..... give reasons while issuing or refusing to issue the certificate. it must be remembered that labour commissioner is not mere recovery officer. while the recovery officer acts on a claim which is already crystallized in some order, the labour commissioner in the present case has to ascertain him whether and to what extent that workmen are entitled ..... union or otherwise had sponsored a workman's case it becomes an industrial dispute. thereafter, hon'ble apex court in the case of akhil bharatiya shoshit karmchari sangh (railway) v. union of india and ors., air 1981 sc 298, has reiterated the same view in paragraph 63 as follows :'a technical point is taken in the .....
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