Court : Allahabad
Reported in : [1989(59)FLR620]; (1991)IILLJ347All
..... and essential commodities, is an 'industry' and the termination of services of employees who have completed 240 days without complying with the provisions of the industrial disputes act was held to be bad. 9. in the present case, the corporation comes within the definition of an 'industry' and consequently termination of the services of ..... , new delhi v. k.s. sethi and ors. (1970-ii-llj-266), the question involved was whether hospital is industry within the meaning of industrial disputes act.in gopalji jha shastri & ors. v. state of bihar (1983-ii-llj-22), taking into consideration decision of the constitution bench in bangalore water supply and sewerage ..... but in case the termination order is violative of principles of natural justice and has been passed without complying with the mandatory provisions of the industrial disputes act, pleas which have been raised by the petitioner, obviously, alternative remedy, will not stand in the way and the matter can be adjudicated upon instead of .....
Tag this Judgment!Court : Allahabad
Reported in : [1990(60)FLR608]; (1991)IILLJ154All
..... the learned judge, i am unable to subscribe to the view that the supreme court in excel wear's case declard the old section 25o(2) of the central act constitutionally invalid merely on the ground that there was no procedural safeguard and, therefore, the appropriate government could pass a cryptic, capricious, whimsical and one sided order. as ..... it to be a negation of the right, the law was further examined.'28. the learned judge examined the provisions of section 25o(2) of the madhya pradesh act and took the view that the procedural defects, as focussed upon by the supreme court, having been removed the basis of the judgment of the supreme court disappeared. he ..... and capriciously the authority can refuse permission to close down. cases may be there, and those in hand seems to be of that nature, where if the employer acts according to the direction given in the order he will have no other alternative but to face ; ruination in the matter of personal safety and on the economic front .....
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 : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1991)36ITD346(All.)
..... entire dealings were nothing but an adventure in the nature of trade. a little careful scrutiny of the entire facts will show that the whole argument is nothing but fallacious. act of an individual cannot be tagged with the action of the other individual. for the purpose of income-tax the individual assessees are independent and even if they belong to ..... wrong. he has further pointed out that it was nothing but an investment in gold bond and any profit out of the said transaction was exempt under the income-tax act and thereby the said amount could not be brought to tax. he has also pointed out various decisions of the tribunal of allahabad benches in which in similar circumstances the .....
Tag this Judgment!Court : Allahabad
Reported in : [1991]189ITR366(All)
..... be attacked as based on no evidence. no such argument could be nor was indeed addressed before us.9. now, coming to the silver bars, the authorities under the act were not prepared to believe the story, spoken to by vinod kumar and hari narain prasad that it was being taken to varanasi and that hari narain prasad was robbed ..... munim of the assessee-firm, though he had been representing the firm before the income-tax officer in connection with assessment proceedings. he was an employee of the sister firm, bal krishna and co. the tribunal further referred to the statement of vinod kumar (main partner in the assessee-firm) that he did not do commission business. it was not ..... the facts and circumstances of the case, the appellate tribunal was justified in law in taking the view that the explanation to section 271(1)(c) of the income-tax act, 1961, was attracted in this case ?' 3. we shall take up income-tax reference no. 104 of 1983 first. the assessee, gopi krishna and co., is a registered firm .....
Tag this Judgment!Court : Allahabad
Reported in : 1992ACJ463; AIR1992All33
..... consequently parties were heard at considerable length and as suggested by the learned counsel for the parties revision is being disposed of on merits.2a. under s. 166 of the act application for the compensation arising out of an accident for the nature specified under sub-sec. (1) of s. 165 is to be made and under s. 168, tribunal, ..... witnesses (o.16, c.p.c.),production of documents (o.13, c.p.c.)u.p. motor accidents claims tribunal rules1967 (for short rules) framed under s. 111aof the (1939) act are still applicable. r. 21 isset out as follows :'21. code of civil procedure to apply in certain cases:-- the following provisions of the first schedule to the code of ..... that itself would not constitute it to be a civil court. only those provisions of the code have been made applicable which are specifically provided under different provisions of the act and rules framed in this behalf.4. in om prakash v. smt. rukmini devi, 1982 all lr 524 : 1982 acc cj 45: (air 1982 all 389) a division bench .....
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 : 1993CriLJ2534
..... advanced by the learned counsel for the petitioner is that neither a case under section 304a, ipc is made out, nor provision of section 7 of the prevention of corruption act can be attracted in this case.2. suffice it to say for the time being that the allegations made in the fir prima facie indicate making out the offences. therefore .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ3738
..... ahmad was also detained in pursuance of the order dated 12-8-1992 passed by the district magistrate, kanpur under section 3(2) of the national security act, and the grounds of detention served on the petitioner as well as the said suhel ahmad are similar relating to activities in which the petitioner along with others ..... disposing of the representation of the petitioner, the provisions of article 22(5) of the constitution as well as the provisions of section 14 of the national security act have been violated rendering the detention of the petitioner illegal as well as unconstitutional. it was also asserted that co-detenu, the real brother of the petitioner, namely ..... on the ground that the reference to the advisory board was not made within three weeks from the date of detention as required under section 10 of the act and also that the representation of the petitioner was not placed before the advisory board: that the detaining authority did not forward the representation to the union .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All153
..... a party. the observations of the division bench are squarely applicable in the present case. the grant of injunction is governed by provisions of the specific relief act, and equitable considerations should invariably be the guiding factor, while recording findings on the question of prima facie case, irreparable loss and balance of convenience.11. ..... of the proceedings for ejectment. the finding recorded by the rent appellate tribunal that by necessary implication the married daughters surrendered their tenancy rights inherited under the act. after the demise of lalu, the daughters evinced no interest to assert their rights, is well justified. once that is found to be so, their ..... daughters. the hon'ble supreme court disagreed with the view taken by this court and observed as under:'indisputably, s. 3(a)(2) postulates that in this act, unless the context otherwise requires (a) tenant in relation to a building means a person by whom its rent is payable, and on the tenant's death .....
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