Court : Allahabad
Reported in : 1998(3)AWC1680; (1998)3UPLBEC1656
..... terminated.2. the bank of maharashtra is a public sector undertaking being one of the nationalised scheduled bank under the banking companies (acquisition and transfer of undertakings) act (act xxii of 1969). the petitioner was appointed as sub-staff in the bank of maharashtra, meerut branch, meerut on 27.9.1979. he was confirmed and made ..... ltd. v. s. s. railway, workers' union. air 1969 sc 513, the court considering the provisions of section 10(2)of industrial employment (standing orders) act, 1946, held that the modification in the standing orders is permissible and even a workman has a right to contest the draft standing orders submitted by the employer for ..... reasonable and more important still, the right to apply for their modification despite the finality of the order of the appellate authority under section 6 of the act. in this case, the application was submitted for modification of the standing order which provided for the termination of the services of a permanent workman on .....
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 : 1998(4)AWC29
..... -respondent.22. we, accordingly, set aside the impugned judgment and order and allow this appeal and dismiss the application filed by the respondent under section 13 of the act.23. however, in the peculiar facts and circumstances, we make no order as to cost.24. we hope and trust that better sense will prevail on the husband ..... the evidence and relevant facts and circumstances were not in accordance with the principles. we can interfere on facts and law both under section 19 of family court act.for the reasons aforementioned we are taking a different view which was taken by the learned family judge and decide the issues in question in favour of the wife ..... a narrow compass :the respondent-husband asserted to the effect that he and the appellant herein are hindu by caste and are governed by the provisions of hindu marriage act, 1955 : the unfortunate marriage was solemnized on 2.12.1986 at kanpur nagar according to hindu rites and ceremonies which was dowrytess ; he brought home his wife .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ685
..... rite and rituals. on 26-6-1992, she lodged a report at police station haldwani, district nainital under section 498a, i.p.c. and section 3/4 dowry prohibition act against her husband aditya bhargava, nanads (husband's sister) ku. madhurima bhargava and kum. kavita bhargava, jeth (elder brother of husband) pradeep bhargava, jethani (elder brother ..... this ruling, it has specifically been held :-7. section 498a of the indian penal code comprising of an independent chapter was inserted by the criminal law (second amendment) act, 1983 (46 of 1983) with effect from 25th december, 1983. traditionally, in any society, the woman is subjugated to the whims and caprices of the man especially ..... got inherent power to permit the parties to compound the offence under section 498a i.p.c. it may be remembered that even under the hindu marriage act where the parties made serious allegations of adultery, and cruelty etc., still the legislature thought it fit to introduce a clause to the effect that the court .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC252; (1998)3UPLBEC1989
..... do not find any substantial change in legislative policy or major departure with regard to the mode of selection. the composition of commission under the amended act is provided in section 4, which reads as under :composition oj thecommission.--( 1 ) thecommission shall consist of achairman and not more than sixother members who ..... interviews or examination, were considered necessary, from amongst the candidates, possessing the minimum qualification having been clearly indicated by the various provisions of the act. the duty to prepare the guidelines on matters relating to method of recruitment and promotion and to conduct examination or to hold the interviews for ..... as professor of university, principal of any college affiliated to the university and the principal of any institution recognised by the u. p. intermediate education act, 1921. the commission consisting of such eminent persons could be trusted for holding free and fair selection. in section 10, it was further provided that .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC424
..... with concurrent decisions, it isthe duty of the court to examine thematerial and do justice between theparties and it will be a denial ofjustice if the court acts on acomputerised system ofadministration of justice by justaffixing a rubber stamp of approvalon the concurrent decisions merely on the ground that they are based onfindings of fact. ..... person for any assistance, personal or professional. reason being the fulfilment of landlord's social and moral need. the hon'ble judge observed 'the authorities under the act must, therefore, scrupulously examine that the professed need of the landlord is bona fide and genuine and must see whether the person for whom he needs an ..... and sister-in-law (nanad) live jointly as a single unit though strictly speaking they do not fall within the definition of 'family' as defined under the act yet to exclude them from consideration while considering the requirement of the landlady would be against the true intent and spirit of the law makers. in such cases .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC550
..... for any specified period remained unpaid and he has to show further that forfeiture has been incurred as provided under section 111(g). section 114, t. p. act thus postulates existence of determination of lease by forfeiture as a condition precedent and provisions contained in this section will have no application where the lease has been determined ..... appreciate the above contentions of the learned counsel for the parties, it will be convenient to have a look to the relevant provisions of the transfer of property act.section 106 runs as under ;'in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or ..... notice in question, the deposit made in court should have been treated as a valid payment made to the landlord under the provisions of section 114, t. p. act and accordingly, the decree for eviction could not be passed. on the other hand, learned counsel for the landlord-respondent argued that the tenancy of the petitioner was .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)1UPLBEC279
..... of the superior court in the following words :'42. the contempt of court is a special jurisdiction to be exercised sparingly and with caution whenever an act adversely affects the administration of justice or which tends to impede its course or tends to shake public confidence in the judicial institutions. this jurisdiction may also ..... 10.1991, contained in annexures 8 and 10 to the petition, whereby petitioners' services have been retrenched after due observance of the provisions of the industrial disputes act and the rules framed thereunder.'however, in the order itself, it has been clarified that if and when vacancies arise, the petitioner shall be considered. the ..... division bench found that the retrenchment of the respondents was after the observance of the provisions of the industrial disputes act. no illegality was found in any of the orders so far as this part is concerned. the court thereafter proceeded and found that vacancies are there .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1999All195
Bhagwan Din, J. 1. This review petition is directed against the judgment of this Court dated 10-12-1996 disposing of the Civil Misc. Writ Petition No. 35283 of 1994.2. Indian Oil Corporation, Northern Division by an advertisement dated 12-10-1993 in daily newspaper 'Dainik Jagran' proposed to award distributorship for the category of physically handicapped persons, for the place, Nahtaur, District, Bijnor (U.P.). Km. Indu Bala Bansal and Rajendra Pal Singh among many others applied for the dealership at the said place. The Indian Oil Corporation, however, sanctioned the distributorship in favour of Rajendra Pal Singh and issued a letter of intent. Against thereto Km. Indu Bala Bansal submitted a representation to the Chairman, Indian Oil Corporation seeking cancellation of the letter of intent. When no inclination, to cancel the letter of intent, was shown by Indian Oil Corporation, she filed a writ petition No. 35283 of 1994, challenging the order issuing letter of intent/appointment ...
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ1894
..... both the incidents thus, in our considered opinion, could not afford basis for forming a subjective satisfaction that detention of petitioners is required to prevent them from acting in any manner which may be prejudicial to the maintenance of the public order. in our opinion, it was not justified on the part of the detaining ..... v. superintendent, central jail, naini 1985 all lj 1222 considered the question of distinction between 'law and order' and 'public order' under section 3 of the act and expressed its opinion in the following words :-where in a detention order the detenu was alleged to have committed murder of an advocate at a public place ..... indulge in similar activities which shall be prejudicial to the maintenance of law and order.6. petitioners were also informed that against the order of detention, under the act they have a right to make a representation to the central government and state government which may be sent through the superintendent, district jail, at the earliest. .....
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