Court : Allahabad
Decided on : Dec-10-2003
Reported in : (2004)IIILLJ324All; (2004)2UPLBEC1577
..... and promotion in the area of his operation............. we may also refer to the subsequent passing of the sales promotion employees (conditions of service) act, 1976. this act defines 'sales promotion employees' as meaning a person employed or engaged in any establishment for hire or reward to do any work relating to promotion ..... 'appropriate government' in such a case would be the central government. however, that was a case where the provisions of the contract labour (regularisation and appeals) act, 1970, were involved.33. in air india statutory corporation (supra), the hon'ble supreme court compared the said corporation with a statutory authority and it again ..... 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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Decided on : Feb-10-2003
Reported in : (2004)89ITD642(All.)
..... income.hon'ble allahabad high court in the matter of banaras textorium v. cit (169 itr 782) held as under: "in the scheme of the act, the proceedings for imposition of penalty, though emanating from proceedings of assessment, are essentially independent and a separate aspect of the proceedings which closely follow the ..... has concealed the particulars of his income or furnished inaccurate particulars of such income.therefore, penalty proceedings, though initiated in the proceedings under income-tax act, yet it is independent in nature and have to be considered separately. the quantum proceedings and penalty proceedings are essentially different proceedings altogether.hon'ble supreme ..... unexplained investment in construction of house was deleted. on facts and circumstances, the a.o. issued notice under section 271(1)(c) of the income-tax act and, after considering the reply of the assessee and the previous proceedings, imposed the penalty under section 271(1)(c) vide order dated 24th august, .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-12-2003
Reported in : (2004)1UPLBEC73
..... solatium as compensation. there may also be persons who may have large holdings (it is well known that there are various devices of getting over the ceiling act) and if they are deprived of fraction of their land holding they will hardly suffer much, particularly when competition is being paid. their is no justification for ..... director, mandi parishad v. sohan lal, 2003 alj 540, a division bench of this court held that when the petitioner has received compensation under the land acquisition act, he cannot claim appointment in addition. the government order not being issued under a statutory provision cannot have any statutory force. in bihar eastern gangetic fishermen cooperative society ..... in section 23. hence, any government order for providing a job in addition to that is in our opinion, violative of the provisions of the land acquisition act, for such a government order will amount to amendment of section 23, which will be illegal.9. in writ petition no. 27690 of 1991, dau dayal v .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-19-2003
Reported in : [2006]129CompCas977(All); [2004]51SCL438(All)
..... winding up of the company by the court namely the cases in which the company may be wound up by the court.9. the reserve bank of india act, 1934 (act no. 2 of 1934) was enacted by the parliament for constituting the reserve bank of india to regulate the issue of bank notes and the keeping of ..... a view to securing monetary stability in india and generally to operate the currency any credit system of the country to its advantage. chapter iii-b of the act, contains the provisions relating to non-banking institutions receiving deposits and financial institutions and the appellant company is a non banking institution which term has been defined ..... in accordance with the statutory provisions nor was addressed or served at the registered office of the company.(e) since the proceedings under section 186 of the companies act were pending before the company law board, therefore, the winding up petition is not maintainable; and(f) under the circumstances including the circumstance that under the order .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-2003
Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235
..... contents of affidavits are contradicted, the court may summon the deponents of the affidavits for cross-examination.18. while examining a case under the provisions of the industrial disputes act, 1947, the hon'ble supreme court, in bareilly electricity supply co. ltd. v. the workmen and ors. : (1971)iillj407sc , considered the application of order ..... conduct its business in the meeting or instigated someone to do so; or(xiv) willfully contravened any order or direction of the state government given under this act; or(xv) misbehaved without any lawful justification with the officers or employees of the municipality; or(xvi) disposed of any property belonging to the municipality at ..... and particularly by addition of chapters ix and ix-a by 73rd constitution amendment in 1992 and the u. p. urban local self-government laws (amendment) act, 1976, the parliament and state legislature have stressed upon the importance of the local self-government. there can also be no quarrel to the settled legal .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-14-2003
Reported in : (2003)3UPLBEC2213
..... mala fide are prima facie preponderous. authorities holding preliminary enquiry had not been fair to him and we have no hesitation to hold that they were biased and had acted for extraneous considerations, and it is a fit case where the suspension order ought to have been quashed. but considering the gravity of the charges, and particularly, ..... committee. if he was of such an opinion he ought to have reported to the disciplinary authority in advance before the conclusion of the enquiry. his failure to act in a legal manner, thus, exposes a particular frame of mind of the state's governance in this matter. if such a letter was received by the disciplinary ..... of the competent authority who can always review its order of suspension being an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-25-2003
Reported in : 2003(3)AWC2133
..... taken in adoption was an orphan and was being brought up in a registered orphanage which is being run in the name and style of shree raj kumari bai, bal niketan (bal ashram), near shastri bridge, napier town, jabalpur. it is also not disputed that km. (dr.) kamla gupta fell seriously ill. she had a stroke of ..... such property or any part of it is situate.15. it has been urged by the learned counsel for the appellant that the learned district judge had acted with material irregularity in altogether omitting to take into consideration the vindication arising under the aforesaid provisions and further omitting to ensure the strict compliance thereof before proceeding ..... along with her ailing adoptive mother for treatment at kanpur a few days before her death.10. the provisions contained in section 9 of the guardians and wards act, 1890, regulate the jurisdiction of the district court to entertain an application for appointment of guardian of the person and property of the minor. the aforesaid .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-2003
Reported in : 2004(1)AWC456; (2004)1UPLBEC523
..... -existence and there was no vacancy for appointment and the petitioner was not in possession of minimum qualification required under regulation 1 chapter 2 of the u.p. intermediate education act for appointment as assistant teacher in c.t. grade. against this order dated 21.8.1996, petitioner preferred appeal before the dy. director of education on 12.12.1996 which .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2003
Reported in : I(2004)DMC130
K.N. Ojha, J.1. This revision has been preferred against the order dated 13.2.2001 passed by VII Additional Chief Judicial Magistrate, Varanasi in Case No. 1474/2000, Rekha Devi v. Nilam Sanjiva Reddy and Ors., by which the revisionists Nilam Sanjiva Reddy, Phulgen Patel, Smt. Chinta Devi, Urmila Devi, Madhuri Patel, Mansha Patel and Ramesh Patel were summoned to face the trial under Sections 494 and 109, I.P.C.2. Heard Mr. A.N. Tiwari, learned Counsel for the revisionists, Mr. Vimal Prasad, learned Counsel for the opposite parties and learned A.G.A.3. Smt. Rekha Devi, respondent No. 2 filed complaint bearing No. 2273/ 2000, Smt. Rekha Devi v. Nedam Sanjiva Reddy and Ors., under Sections 494 and 109, I.P.C. in the Court of 3rd Chief Judicial Magistrate, Varanasi containing the fact that she was married with Neelam Sanjiva Reddy, revisionist on 20.5.1996 at her father's residence village Gahani, Police Station Cholapur, District Varanasi. She went to the residence of her husband but dem...
Tag this Judgment!Court : Allahabad
Decided on : Jul-09-2003
Reported in : 2004(2)AWC1371
..... 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, 1886. the andhra pradesh administrative tribunal corrected the date of birth as claimed by the petitioner before the tribunal, in view of the entry in the ..... ors. v. prithvi singh and ors., air 2001 sc 703, the school admission register was held to be made admissible under section 35 of the evidence act. even the age mentioned in matriculation certificate by the education board was held to be done in accordance with law as required under section 114, illustration (e ..... was below 18 years of age, and therefore, accepting such application would amount to sanctifying the illegal entrance in service. 28. there is a presumption that official acts are regularly performed though such a presumption can be rebuted by adducing evidence (vide jhaman lal v. state of rajasthan and ors., air 1965 raj 86 ; somasusudarshan .....
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