Court : Allahabad
Reported in : (1966)ILLJ597All
..... protection given to the workmen by law. statutory provisions like those contained in section 78 of the factories act and section 5 of the uttar pradesh shops and commercial establishments act cannot be defeated by giving a notice under section 41. no amendment in the standing orders can override the provisions of section 78 of the ..... sugar mills company, ltd., shahganj, to whom the provisions of the factories act do not apply and are covered by the provisions of the uttar pradesh shops and commercial establishments act, 1947, and to whom leave was being granted till date in pursuance of the arbitration award in adjudication case no. 1 of 1959 before the ..... referring to the workers whose leave was governed by the indian factories act, 1948, and the other to those whose leave was governed by the uttar pradesh shops and commercial establishments act, 1947. these notices were given under section 41 of the act and may be reproduced here. by the first notice the petitioners were informed that .....
Tag this Judgment!Court : Allahabad
Reported in : (1961)ILLJ673All
..... dictionary meaning of the term 'open' also is not very rigid. it is used in physical sense and also in figurative sense when it is used in respect of shops and commercial establishments. the new english dictionary among other meanings also gives the following meaning of the word 'open':with the purpose as the main notion : to give access to; to render ..... a preliminary to the grinding was being done. had the wheat been ground at the time of the inspector's visit, it would not, have been doubted that the shop or commercial establishment was not closed. but before wheat is ground impurities have to be removed and they were being removed at the time of the inspector's visit. if the fact ..... of manohar lal v. state 1951 a.l.j. 605. in that case the question arose under the punjab trade employees' act (no. x of 1940) whether the shop or the commercial establishment was open or not. the facts of that case were that on a closed day the son of the proprietor sold an article from that section of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC437
..... deemed to be a factory under section 85 of the said act.' the definition of 'commercial establishment' in clause (4) of section 2 clearly shows that a commercial establishment is one of the categories of 'establishment'. 'establishment' is separately defined in clause (8) of section 2 as follows :'8. 'establishment' means a shop commercial establishment, residential, hotel, restaurant, eating house, theatre or other place of public amusement or entertainment to ..... send to the inspector of the local area concerned a statement in a prescribed form together with the prescribed fees containing various particulars including 'the category of the establishment, i.e., whether it is shop commercial establishment, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.' on receipt of such statement and the fees the inspector, if satisfied about .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2915
..... 'industry' has many meanings. it means 'skill', 'ingenuity', 'dexterity', 'diligence', systematic work or labour', 'habitual employment in the productive arts', 'manufacturing establishment' etc.. but while construing a word which occurs in a statute or a statutory instrument in the absence of any definition in that very document it must be ..... of vehicles toll tax in rupees perno. vehicle per entry(1) (2) (3)--------------------------------------------------------------------------1. taxis/car being used for commercial 25 purpose--------------------------------------------------------------------------2. light commercial vehicles 40--------------------------------------------------------------------------3. heavy commercial vehicles 75--------------------------------------------------------------------------4. trailers/cranes/other very large vehicles--------------------------------------------------------------------------provided that the toll tax shall not be levied on vehicles,(a) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All200
..... of new industrial undertakings. such section is as follows:'(1) no person or authority other than the central government, shall, after the commencement of this act, establish any new industrial undertaking, except under and in accordance with a licence issued in that behalf by the central government:provided that a government other than the central ..... government may, with the previous permission of the central government, establish a new industrial undertaking.(2) a licence or permission under sub-section (1) may contain such conditions including, in particular, conditions as to the location of ..... of sugar need not file an initial iem. in such cases, the loi holder shall only file part b of the loi at the time of commencement of commercial production against the loi issued by them. it is, however, open to entrepreneurs to file an initial iem (in lieu of the loi/industrial licence held by .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4530
..... sustained fire arm injuries. the people of dadri area were terrorised and panic was spread amongst the area people. they fled for shelter leaving their belongings, shops and establishments. the assailants escaped in the said maruti car driven by maharaja singh towards ntpc road shouting 'ab aur laravo prakash pahelwan se chunav'. the victims car no ..... notification dated 16-11-1976 published in the official gazette dated 4th december, 1976. under sub-section 1 and (1-a) of code of criminal procedure establishing the courts of judicial magistrate of 1st class at dehradun and lucknow to which jurisdiction of ghaziabad was conferred. but the learned counsel for the petitioner has ..... , it has been ordered that the governor of uttar pradesh accords consent to the exension of the powers and jurisdiction to the members of the delhi police establishment in the whole of the state of u.p. for investigation of the crime in question. thereafter, the notification was issued under the signature of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All205
Ashok Bhushan, J.1. Heard Sri Akhilesh Kalra, learned counsel for the petitioner and Sri S. P. Singh appearing for the respondent no. 4 and the learned standing counsel. Affidavits have been exchanged between the parties and with the consent of the parties the writ petition is being finally decided.2. By this writ petition the petitioner has prayed for quashing the order dated 1.11.2004 passed by the State of Uttar Pradesh dismissing the revision filed by the petitioner challenging the mining lease dated 21.6.2004 granted in favour of respondent No. 4. It has been further prayed that the order dated 21.6.2004 and the lease deed executed in pursuance thereof be quashed.3. Brief facts of the case as emerge from the pleadings of the parties are:__________An application was made by the respondent No. 4 dated 18.10.2001 before the District Magistrate, Siddharth Nagar for grant of lease under the U.P. Minor Minerals (Concession) Rules, 1963 over plots No. 375, 386, 390, 400. 410, 377Ka, 377K...
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All192; 2005(3)AWC2626
..... of a court would be a 'court' within the meaning of this section.' 18. the apex court in the said judgment had considered tamil nadu shops and establishments rules, 1948 framed under the tamil nadu shops and establishments act, 1947. after considering the provisions of the said rules the apex court held that any authority or tribunal having the trappings of the court would .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All121
..... of the things mentioned in section 117, which had been vested in the state under the act, shall be vested in the gaon sabha or any other local authority established for the whole or part of the village in which the said things were situated. sub-section (2) of section 117 of the act provides as under:' notwithstanding ..... that they are the outer boundary of the mela area. besides the learned commissioner has omitted to mention that the thatches and tins are in front of the roofed shops.'30. after the above report was submitted, the commissioner was asked to submit an additional report with regard to the objections of the parties, mentioned above. the ..... from their statements coupled with the evidence of the plaintiff's witnesses and the statement made by the counsel for the plaintiff himself that there were some buildings and shops as well as temples and aushdhalayas existing on the land. the extent of the land covered by these constructions has not been given, either by the plaintiff .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]47CompCas323(All)
..... authenticated in the manner therein laid down but an omission to comply with those provisions does not render the executive action a nullity. therefore, all that the procedure established by law requires is that the appropriate government must take a decision as to whether the detention order should be confirmed or not under section 11(1).' 36. ..... in [1958] 1 qb 380 (qb) (union castle mail steamship co. ltd. v. united kingdom mutual war risks association ltd.).40. in that case the plaintiffs-shop-owners insured two of their ships under the standard form of war risks time policy on hull and machinery issued by the defendants. the clause 1 of the policies read ..... forum for the redress of the grievances arising from the implementation of the agreement were the authorities concerned, i.e., the government. in the background of these established facts it cannot be said that the september agreement did not have the approval of the government.44. i find from a perusal of the impugned order passed .....
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