Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 55 punishments otherwise than by force court Court: allahabad Page 2 of about 33 results (0.162 seconds)

Mohd. Zafar Khan V. District Judge Hardoi

Court : Allahabad

..... a certain mode or specific mode of or for doing a thing or certain mode of exercising certain power of authority or right or for performing certain act then that act or thing has got to be done in that manner alone & not otherwise. other modes in respect thereof are necessarily and by necessary implication taken to ..... respect of non-residential building and, therefore, the entire accommodation should have been released. the court repelled the contention holding that there is no prohibition under the act that a part of the accommodation cannot be released in respect of requirement for business. in this case, the appellate authority had released only a part of the ..... for petitioner that while considering the application for release moved by a landlord under section 21(1)(a) in respect to a commercial space authorities under rent control act are bound to consider the matter in respect to partial release is wholly incorrect and wrong argument because the provisions of rule 16 (1) (d) of uttar .....

Dr. Lalit Varma S/O Late M.P. Varma as Karta of Lalit Varma Huf Commis ...

Court : Allahabad

Reported in : 2007(3)AWC3136

..... ' and 'transparency' also do not appeal to reason or logic which require 'fair' and equal treatment. in fact noida, by treating the petitioner differently has acted against 'transparency'/public interest.'. by treating the petitioner differently, in the instant case, it has jeopardised credibility of noida in the eyes of public. the public ..... aggrieved party and decide the matter consistent with the principles of natural justice.... that authority must genuinely address itself to the matter before it....it must act in good faith, must have regard to all relevant considerations, must not be swayed by irrelevant considerations, must not seek to promote purposes alien to ..... 5 of the writ petition) its earlier order to the effect that there has been no excess area, stands belied. the petitioner submitted that noida has acted in breach of its own terms and conditions of allotment/memorandum of transfer, which provide that conditions prescribed in brochure of the scheme shall be applicable .....

Regional Manager, Region Iii, State Bank of India Vs. Madan Singh and ...

Court : Allahabad

Reported in : 2005(1)ESC737; [2005(104)FLR599]; (2005)IILLJ594All; (2005)2UPLBEC1238

..... was in excess of the scope of reference, by holding that the petitioner-bank had failed to comply with the provision of section 25h of the act, as held by hon'ble supreme court in the case of firestone tyre and rubbers co. of india pvt. ltd. (supra). respondent no. 2 erred in applying provisions of section ..... mind while deciding the question of back wages. i also find that the reference made to respondent no. 2 was only to the extent that whether respondent no. 2 had acted in excess of scope of reference made to it, which was in respect with the termination of the service of respondent no. 1 w.e.f. 13.11.1978. it ..... .11.1978. in absence of any seniority list of temporary employees, the employer-bank had committed violation of rule 77 and section 25g of the industrial disputes act, 1947 (hereinafter referred to as the act) and, therefore, on this count, the termination of the workman would be illegal. it also found that the termination letter of 14 days' notice in compliance .....

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... seems to be prevailing on account of the fact that judiciary has segregated morality from law. though there may be a situation when immoral act may not be punishable and rightly statutory law should prevail but while interpreting the statutory provisions and constitutional philosophy courts should take into account the ..... 266, the supreme court observed that where government activity involves public element, the 'citizen has a right to claim equal treatment', and when 'the state acts to the prejudice of a person, it has to be supported by legality.' functioning of democratic form of government demands equality and absence of arbitrariness and ..... 21st century, when there is global economy, the question of faith is very important. government offers certain benefits to attract the entrepreneurs and the entrepreneurs act on those beneficial offers. thereafter, the government withdraws those benefits. this will seriously affect the credibility of the government and would show the short-sightedness .....

Smt. Suman Sinha Vs. Chief Justice High Court, Allahabad and Others

Court : Allahabad

Reported in : 2000(3)AWC2512; (2000)3UPLBEC2052

..... counsel for the petitioner apparently failed to showus that in not appointing the petitioner, hon'ble the chief justice of this court has violated any statutory rules or act. as rightly pointed out by shri sudhir agrawal. the learned counsel appearing on behalf of respondent nos. 1 and 2, the existing rules do not contemplate any ..... vlolative of articles 14 and 21 of the constitution of india ; and that in not giving appointment to the petitioner hon'ble the chief justice has also not acted fairly.6. shri sudhir agrawal, the learned special counsel for the court representing respondent nos. 1 and 2. on the other hand contended as follows :--(a) ..... the circumstances enumerated in the writ petition, the reliefs prayed for be granted. under the constitutional ethics and philosophy, the state being a welfare state is required to act in favour of citizens and similarly situated persons : that it were the lawyers who during freedom struggle of the country had laid their lives, and are still .....

Anglo-french Drug Co. (Eastern) Ltd. Vs. Presiding Officer, Labour Cou ...

Court : Allahabad

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 .....

U.P. Chalchitra Nigam Ltd. and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [1991(62)FLR24]; (1995)IIILLJ723All; (1991)1UPLBEC163

..... 5. that the opposite party nos. 2 and 3 have committed offence under section 138 of the banking public financial institutions and negotiable instrument laws (amendment) act, 1981, act no. 66 of 1988 as the cheques issued by them were not encashed substantiates the contentions of the petitioners that section 6-n of the u.p. ..... any retrenchment, unless there is discharge of surplus labour or staff in a continuing or running industry.'14. after the above decision, the legislature amended the act by act no. xviii of 1957 by substituting section 25-ff and 25f for the previous section 25f but the definition of 'retrenchment' was untouched.15. in anakappala ..... for the petitioner that 'termination' of services of the employees in the instant case would amount to 'retrenchment' within the meaning of the u.p. industrial disputes act is concerned, we may immediately observe that there can be no dispute that the termination, in the instant case, would amount to 'retrenchment' which word incidentally has .....

Smt. Babulli (D.) Through L.Rs. Vs. Smt. Hamidul Bibi (D.) and ors.

Court : Allahabad

Reported in : 2009(4)AWC4168

..... in the plaint, the courts cannot decree such a suit. the submission of learned counsel for the plaintiff-appellant that the plea of section 29 of the indian contract act could not have been considered by the first appellate court is therefore not acceptable.21. for the aforesaid reasons, the second appeal has no force. it is accordingly dismissed ..... property described in the plaint is concerned, it would render such an agreement void for uncertainty and if an agreement is void under section 29 of the indian contract act, the same cannot be enforced by a decree for specific performance of a part of the contract. therefore, even if such a plea is not raised in the ..... be accepted and is accordingly rejected.19. in view of the aforesaid circumstances, it will be seen that the issues relating to section 12 of the specific relief act of specific performance of a part of contract cannot be a substantial question of law in this second appeal for the reason that the property itself has been incorrectly .....

E. Sefton and Company Pvt. Ltd. Vs. Ghanshyam and ors.

Court : Allahabad

Reported in : (1998)3UPLBEC1696

..... for reaching to this satisfaction he has to take some action and this action, will be covered by the word 'proceeding' used in section 22 of the act of 1985. further the length of the proceedings or the time taken cannot be the sole criterion for determining whether action will amount to proceeding or not. the ..... property of the company would lie and the award could not be executed without the consent of the appellate authority under the sick industrial companies (special provision) act 1985, in view of the fact that the petitioner's appeal has been registered and pending for disposal before the appellate authority for industrial and financial reconstruction.8 ..... writ petitions the petitioners have prayed for quashing the proceedings pending before the deputy labour commissioner under section 6-h (i) of the u.p. industrial disputes act. a writ in the nature of mandamus has also been prayed for, in both the writ petitions commanding the labour court to hear the adjudication cases afresh after .....

Raghavendra Mathur Vs. Allahabad Bank and ors.

Court : Allahabad

Reported in : [1989(59)FLR153]; (1990)ILLJ273All

..... parties thereto, with the result that the workmen notwithstanding such a settlement could raise an 'industrial dispute' on the identical matter agreed upon by their union. by the same amending act, the definition of 'settlement' was also amended, as the original definition contemplated only 'a settlement arrived at in the course of conciliation proceedings'. this sub-section provides that a settlement ..... aforesaid transfer order was passed at the behest of the general secretary of the staff association.7. sub-section (1) of section 18 of the industrial disputes act, which was introduced by the amending act of 1956, was enacted to remedy a defect in the existing law. prior to the amendment, there was no provision to make such settlements binding even on .....