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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1986)16ITD210(All.)
..... (supra). in the case of cosmopolitan trading co. {supra), in one of the years, it was found that the financial position of the debtor had become bad and the assessee acted in response to the call of commercial expediency and sound business methods in changing over to the mercantile system of accounting insofar as the commission and interest receivable were concerned ..... fact there was no agreement even with bhadohi cold storage or carpet traders for charging of any interest and that the charge of interest by the assessee was an unilateral act. he specifically pointed out that no such interest was credited by bhadohi cold storage in its books of account. his second submission was that there was no accrual of interest .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2004)88ITD585(All.)
..... passed without making any enquiry mechanically without application of mind. (v) because it is settled principle of law that the proceeding under section 263 of the act can not be initiated on the basis of any subsequent material available on record. office note after passing assessment order, report of the inspector were wholly irrelevant ..... to come to an end after the building was constructed. the ao granted registration to the petitioner-firm under sections 184 and 185 of the income-tax act, 1961 and made the assessment for the first assessment year 1971-72 accordingly. the commissioner initiated revision proceedings under section 263 and cancelled the assessments on ..... income-tax officer should not have allowed the deductions. the commissioner, therefore, issued a notice for revision to the assessee under section 263 of the income-tax act, 1961. the assessee wanted that it should be allowed to cross examine dr. vyas. the commissioner then passed an order under section 263 setting aside the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All143
..... remain in the family and all the members of the family have yet to see the court.58. ajit singh panwar is committing an immoral and an unethical act by acting on a power of attorney of a principal whom he knows is mentally unsound, weak, suffers from mental infirmity and has no legal capacity to authorise. this ..... on relevant facts duly proved. the exceptions are the previleged communications. this is the court's power to interrogate. this is prescribed in section 165 of the evidence act, 1872.54. if the lawyer or the litigant refused to participate in inquiries by the court or refuses or expresses inability to respond to the court's inquiries, ..... of attorney. the circumstances reveal beyond doubt that the principal cannot maintain the relationship of principal and agent. the law as given in section 109 of the evidence act goes against ajit singh panwar. ajit singh panwar himself admits and his mother-in-law (smt. manhar devi) corroborates that padmakumari devi is weak and mentally infirm .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All493; 129Ind.Cas.707
..... know that such an imputation about a woman would harm her reputation.3. next we come to the provisions of section 132, evidence act. two matters are to he kept in mind:(1) that the matter about which the witness makes a statement is relevant to the ..... when his own counsel was examining him. he further elaborated how mt. jamna's boy had to be smuggled in. he said that bal makund's wife gave birth to a female child which could not be taken, and mt. jaggo's husband's sister had a miscarriage ..... own and finally, the choice falling on a son of ml jamna of amritsar. he stated that three women were approached, one was bal mukand's wife another mt. jamna of amritsar and a third mt. jaggo's husband's sister. this was in examination-in-chief ..... within the definition of defamation given in section 499, i.p.c., and (2) that the statement was privileged under section 132, evidence act.2. it was admitted, as it could not be otherwise after the decision of the full bench of this court in emperor v. ganga .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)ILLJ249All
..... this petition has been filed against an award of the labour court passed in adjudication case no. 194 of 1984 in proceedings under section 10 of the industrial disputes act. the reference made was thus--whether the action of the management of state bank of india region iii. the mall, kanpur, in relation to their jhonstonganj branch, ..... shri mahatrna mishra, ex-messenger with effect from 4. 9. 7 982 and not considering him for further employment as provided under section 25h of the industrial disputes act, is justified, if not to what relief is the workman concerned entitled.2. by the award dated 10.5.1985 the industrial tribunal-cum-labour court has reinstated ..... workman was engaged after the termination of the services of the workman against any vacancy. it is further submitted that provisions of section 25g and 25h of industrial disputes act, 1947 were not attracted to the case of the workman12. in reply to the contentions as raised by the learned counsel for the petitioner, sri r.c. .....
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