Court : Allahabad
Reported in : 1999(1)AWC252; (1998)3UPLBEC1989
..... counsel for the petitioners has placed reliance on number of cases decided by hon'ble supreme court which are being mentioned below :'in re : delhi laws act (1912) etc.. air 1951 sc 332, state of mysore v. s. r. jairam. : [1968]1scr349 . harkesh chandra ratan chandra v. union of india ..... government was certainly with regard to the policy matter to prevent the commission from discharging its powers and duties during intervening period until the new rules came in force. learned standing counsel submitted that a similar action of the state government by issuing the order dated 17th april. 1981 directing the committees of management of private ..... in the contentions that claims of the two seniormost teachers of the respective institutions was not considered by the commission at the time of selection. we also find force in the submissions of the learned counsel for the respondents that the petitioners cannot be allowed to challenge the selection proceedings once they have taken the chance of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC169
..... ground of bias at the inception of enquiry was also considered. the facts of the present case, as indicated in the preceding paras are entirely different and we find force in the submission made on behalf of the petitioner that the defect in the present case is so fundamental that it cannot be cured. one cannot be a witness and ..... the appointing authority passes any order of punishment. he has placed reliance upon a case in a. st. arunachalam pillai v. m/s. southern roadways ltd. and another, air 1960 sc 1191, to contend that where a point goes to the root of the matter, such a plea should be allowed to be taken even later on. in the ..... indicating that he might give additional points in writing within a week which, according to the opposite parties, were never given, atleast raising any objection against a. v. singh acting as enquiry officer. in support of his contention, the learned counsel has placed reliance upon a case in high court of judicature at bombay v. shirish kumar rangrao patil .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC598
..... the person who has been dispossessed of his property but the society itself is taken to ransom by brute force. such an act creates terror in the minds of the people and has the effect of shaking the social fabrics of thesociety. these acts also hit and damage the authority of the government with the result that the public order, peace and tranquillity ..... favour of smt. neelam and smt. shakuntala devi. the assertion of the appellants is that this lease was executed for a period of 45 years with effect from 1.1.1950 but clause (2) of the agreement of the lease provided that it can be extended for a further period of 15 years. further assertion of the appellants is that ..... title of the parties regarding the tenancy. it is a well-settled law that a tenant cannot be evicted by force. in special appeal no. 583 of 1995. the division bench, relying upon krishna ram mahale v. mrs. shobha venkat rao. air 1989 sc 2097, has held that the tenants have a right to continue in the property leased till they .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC582
..... writ petition is a fabricated and forged document showing that there were no dues.8. now we proceed to record our reasons quoting the provisions of the act and thereafter distinguishing the division bench judgments. in our considered view the judgments cited are per incuriam.9. the doctrine of per incuriam is well explained in ..... others, 1973 alj 164.6. mr. chaudhary. learnedcounsel for the respondents referred following citations for consideration, namely, ram narain v. state of uttar pradesh and others, air. 1957 sc 18 and another judgment of this court delivered on 14.7.1998 by division bench in the case of harendra pal singh v. district magistrate/collector, ..... is a contractual amount and there are various division benches decisions of this high court that in such matters recovery certificate under u. p. public moneys (recovery of dues) act. 1972 read with rules, cannot be issued.5. mr. m. m. d. agrawal,learned counsel for the petitioner submitted as under. firstly, he submits that a .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC655
..... was continuing from 28.4.1998 as an appeal was preferred which was dismissed as withdrawn and order of court below stood merged in it. the contention has no force. order xxxix, rule 4 of code of civil procedure comes into play in case conditions mentioned therein come into existence. the power of a trial court to vacate ..... necessary to go into this legal question because we find from record that not only a suit under section 176 of u. p. zamindari abolition and land reforms act (in short 'act') for division of holding had been filed by smt. kanak lata but the suit was also decreed and a preliminary decree was passed. this is admitted by plaintiff ..... the relief to the appellant which is being sought in present proceedings. at one stage, the learned counsel for appellant tried to argue that as section 229d of the act provides for grant of temporary injunction only in respect of suit for declaration filed under sections 229b and 229c, the provisions of order xxxix of code of civil procedure .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)3UPLBEC2248
..... on the state government pursuant to section 33, the orders though issued through executive exercise but still is supported by the statutes and thereby lend him a force of the statute. since such orders have been issued in exercise of power conferred under section 33 in order to further the object and purpose as contemplated ..... not throw any light on the question involved in this case. he also relied upon a decision in the case of state of maharashtra v. jagannath achyut karandldkar air 1939 sc 1133 : 1989 lab. i.c. 1237 (sc), in order to contained that the removal of difficulties order cannot override section 18. the appointment having ..... then the management may appoint, by direct recruitment or promotion, a teacher on purely ad hoc basis from amongst the persons possessing qualifications prescribed under the intermediate education act, 1921, or the regulations made thereunder.(2) the provisions of sub-section (1) shall also apply to the appointment of a teacher (other than a teacher .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)1UPLBEC513
..... of course, the petitions relating to habeas corpus. the apex court in its decision in the case of sarguja transport service v. state transport appellate tribunal, air 1987 sc 38, clearly observed that a fresh petition under article 226 of the constitution of india in respect of the same cause of action is not maintainable ..... now let us examine the decisions cited by mr yatindra singh chronologically.25. in the case of sarguja transport service v. state transport appellate tribunal, gwalior and ors., air 1987 sc 88, the apex court had dealt with the provisions of order xxiii, rule 1, sub-rule (3) of the code of civil procedure and the ..... kashi nath seth v. collector, central excuise, allahabad and ors., decided by a division bench and reported in air 1979 alld. 128, had clarified that inspite of the explanation inserted in section 141 by the civil procedure code (amendment) act, 1976 the salutary principles enshrined in the code of civil procedure governing the trial of the civil suits may .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC636
..... a certificate for recovery issued under section 95a) shall, if not carried out, be executed- (a) in the manner provided by. law for the time being in force for the recovery of arrears of land revenue : provided that an application for the recovery ofany such sum is made to the collector and accompanied by a certificate signed by ..... way and be broad-based on human values rather than on narrow and restricted considerations hedged round with hair-splitting technicalities'--(state of uttar pradesh v. mohd. nooh, air 1958 sc 36).8. the next question that begs answer is whether order passed by the executing court is appealable or it is revisable under any provisions engrafted ..... the order of injunction, which was enforceable and executable at par with an order of civil court by virtue of section 92 of the u. p. co-operative societies act, 1965. the learned civil judge (sr. division), allahabad by means of the order dated 18.7.1998, mandated the district magistrate and the senior supdt, of police, .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC39; I(1999)DMC511
..... parlance it would indicate the attributes, mentioned above, and this is what the term interlocutory order means when used in section 11(1) of the act (at page sc 999 ; air 1980). '95. ordinarily speaking, the expression 'interlocuted in legal parlance is understood in contra/distinct ion to what is styled as final, in the ..... restoration application. the order allowing or rejecting restoration application, is therefore, not an interlocutory order within the ambit of section 19(1) of the family courts act. 1984, and is clearly appealable under the said provisions. order xli11, rule 1 of the code of civil procedure envisage an appeal against an order rejecting ..... out the distinction between the two provisions and, therefore, submissions made by the learned counsel for the petitioner that no appeal lay under section 19 of the act against the order allowing restoration application, does not commend itself for acceptance.8. however, an alternative remedy does not operate as an absolute bar and in .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC514; (1999)1UPLBEC630
..... cannot read anything fishy in between the lines.25. the petitioners' endeavour to draw analogical support from sections 81, 82 and 86 of the representation of the people act, 1950 with regard to the defects in the format of the complaints failed to impress us because the aforesaid provisions deal with an election petition and not a complaint regarding ..... not left even in a position to disburse the salary of its staff and clear off the retiral dues of the employees who had superannuated during the meanwhile. forced by the circumstances the panchayat arranged the disbursement of salary and settlement of claims of the retired personnel by making payments from the accumulated provident fund to the ..... and 4 of the enquiry rules, 1997.19. a similar proposition was examined by their lordships in the matter of a.k. roy v. state of punjab, air 1986 sc 2160, also wherein it was held that if a particular power has been delegated by the government in favour of some of its officer, without any reference .....
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