Court : Allahabad
Reported in : 2003(1)AWC381
..... any violation of these standing orders entitles an employee to appropriate relief offered before the forum created by the industrial disputes act or by the civil court. thus, the certified standing orders being not a statutory provision, though they are statutory conditions of service, any violation ..... of rajasthan state road transport corporation (supra), has held that the certified standing orders framed under and in accordance with the industrial employment standing order act, 1946, are statutorily imposed condition of service and are binding both upon the employees and employers, though they do not amount to statutory provision. ..... of .rajas than transport corporation (supra), has held that certified standing orders framed under and in accordance with the industrial employment (standing orders) act are statutory imposed conditions of service and are binding both upon the employer and employees, though they did not amount to statutory provisions. this case .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC491
..... the tenant-defendant-revisionist has approached this court by means of the present revision invoking the jurisdiction envisaged under section 25 of the provincial small cause courts act, 1887, seeking redress praying for the setting aside of the decree passed in favour of the plaintiff for the eviction of the tenant-revisionist from the ..... claimed that since the plaintiff was a registered religious institution, the provisions contained in the uttar pradesh urban buildings (regulation of letting, rent and eviction) act, 1972 (u. p. act no. 13 of 1972) were not attracted to the accommodation/ building which was the subject-matter of the suit as it fell beyond its purview. ..... providing the starting point for computing the period of exemption. the hon'ble supreme court, while interpreting the explanation to section 2 (2) of the act, observed that primarily the language employed is the determining factor of the intention of the legislature. it was further observed that the first and primary rule .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
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
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
Reported in : 2004CriLJ946
K.N. Ojha, J. 1. This appeal has been preferred against judgment and order dated 17-7-1981 passed by Sri S. L.Tripathi, Sessions Judge, Deoria in Sessions Trial No. 359 of 1980 by which appellant Gulab Singh has been convicted and has been awarded sentence of life imprisonment under Section 302, I.P.C.2. According to prosecution the occurrence is said to have taken place in the night of 26/27-7-1980 at about 8 or 9 p.m. in village Belwa Dubauli, Police Station Rudrapur, District Deoria, F.I.R. of which was lodged at police station Rudrapur by Satya Narain Singh, deceased himself on 27-7-1980 at about 3.15 a.m, against Gulab Singh, Khublal, Bhan Singh and Subba. The police station is at a distance of 6 miles from the place of occurrence. Satya Narain Singh injured was alive at the time of occurrence and after lodging the F.I.R. he succumbed to injuries. Scribe of the F.I.R. was Rajendra Singh.3. Post mortem examination on the dead body of Satya Narain Singh was done by Dr. C.V. Singh, M...
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ1548
..... pandey has impugned the order dated 03-08-2002 passed by the first respondent mr. alok kumar, district magistrate, faizabad, detaining him under section 3(2) of the national security act.the detention order, along with the grounds of detention, which are also dated 03-08-2002, was served on the petitioner-detenu on 03-08-2002 itself and their true .....
Tag this Judgment!Court : Allahabad
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 .....
Tag this Judgment!Court : Allahabad
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
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
Reported in : 2004(2)AWC1685
ORDERKamal Kishore, J.1. This is the second civil appeal against the judgment and decree dated 24.11.1982 passed by the then learned IInd Additional District Judge, Sultanpur allowing the appeal and setting aside the judgment and decree passed by the then learned Ist Additional Munsif, Sultanpur in Regular Suit No. 255 of 1976, which was a suit for permanent injunction,2. The following question of lawhas been formulated :'Whether the judgment of the First Appellate Court is perverse and illegal?'3. I have heard arguments and have gone through the record.4. Admittedly, defendants-appellants are the heirs of Ram Bux. The defendants-appellants claim title through the sale deed executed by Smt. Sundara the widow of Bindra, who was the real brother of the aforesaid Ram Bux. The plaintiffs-respondents claim themselves to be the exclusive owner of the property in suit by adverse possession.5. It has been held by Hon'ble Supreme Court in 2001 (19) LCD 1082 ; that the person claiming title by a...
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