Court : Allahabad
Reported in : 2000(4)AWC3192a
..... the hon'ble supreme court in the case of raza buland sugar co. ltd., rampur v. municipal board. rampur, air 1965 sc 895, and submitted that since the procedure as laid down in sections 94 (3), 128, 130. 131 and 135 of the act, has not been followed, the deeming provisions of section 135 (3) would not be attracted. as already mentioned ..... imposition of show tax is to be deemed in accordance with the provisions of this act, s has been held by the hon'ble supreme court in the case of municipal board, mau nath bhaiyan v. swadeshi cotton mills ltd. and others. air 1977 sc 1055. in paragraph 9 of the judgment the hon'ble supreme court has held as follows :'9 ..... . we have thus no doubt that the notification had really been issued in compliance with the requirement of sub-section (2) of section 135 of the act. that would attract the application of sub-section .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2159
..... ground that the ordinance is ultra vires to the provisions of article 243-e(3)(a) of the constitution of india which came into force on 24th april. 1993. by the constitution (seventy-third) amendment act, 1992. before dealing with the vires of the ordinance, it would be relevant to reproduce article 243e of the constitution of india.243- ..... elections to the panchayats.31. the constitutional flat contained in article 243e is to the extent that every panchayat unless dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. the mandate is absolute. no panchayat can function for more than ..... we have taken is fortified by the pronouncement of a division bench of karnataka high court in professor b. k. chandra-shekhar and another v. state of karnataka. air 1999 karn 461.38. in view of what has been indicated hereinabove, the writ petition succeeds and is allowed. the entire ordinance no. 10 of 2000, by means .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC534
..... raised, on merit also the learned counsel for respondent no. 4 contended that regulation 4 of chapter i of the regulations framed under the u.p. intermediate education act came into force subsequently and therefore does not help in deciding the present decision.15. reference was made to paragraph no. 32 of the counter affidavit to show that the document dated ..... singh v. director of higher education and ors., reported in 1996(3) esc 138 and the case of d.p. sharma v. union of india and anr., reported in air 1989 sc 1071.18. sri i.r. singh, the learned counsel for committee of management contended that seniority list under regulation 3 of the regulations framed under the u.p ..... issued in the said contempt proceeding. in support of this contention reliance was placed on the judgment in the case of dr. madam gopal gupta v. agra university, reported in air 1974 all. 39. relicance was also placed on the case of ravi s. naik v. union of india and ors., reported in jt 1994(1) sc 551.8. learned .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC1751
..... thought it proper to give opportunity to petitioner before passing an order of the nature contemplated in proviso to sub-sections (1) of section 29 of the act, this opportunity should be complete and in consonence with the principles of natural justice, the report received after preliminary enquiry was an important document on basis of ..... government within a fortnight of his having been so appointed.'section 29 of u.p. kshettra panchayats and zila panchayats adhiniyam, 1961, hereinafter referred to as the act of 1961 containts provisions for removal of adhyaksha and upadhyaksha of zila panchayat. section 29 is reproduced below:'removal of adhyaksha or upadhyaksha.--(1) if in the ..... opinion of the state government the adhyaksha or the upadhyaksha while acting in place of adhyaksha, wilfully omits or refuses to perform his duties or functions under this act or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC914
..... and 478a of the u. p. police regulations are quoted below :punishment :'47ft all police officers appointed under section 2 of the police act are liable to the following departmental punishments : (a) dismissal or removal from the force as defined in para 481 ; (b) reduction as defined in para 482 ; (ba) withholding of promotion ; (bb) withholding of ..... specific formal departmental enquiry at the time of declaration of list-ii. one case under section 161, i.p.c. and section 5(2) prevention of corruption act and two departmental actions under para 478a of the police regulations were pending against the respondent no. 1. the tribunal further held that there was no evidence or ..... no. 1 was not promoted despite the fact that he was exonerated in the case under section 161, i.p.c. and section 5(2) prevention of corruption act. the opposite party no. 1 has further alleged in the claim petition that according to the government order, no departmental enquiry was pending against him and there were .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)1UPLBEC468
..... to observe as under :'that the power is entrusted to or wielded by a person who functions as a court is not decisive of a question whether the act or decision is administrative or judicial. but we conceive that an administrative order would be one which is directed to the regulation or supervision of matters as distinguished ..... to june 6 of the summed vacation, 1997 and besides nominating vacation judges in different jurisdictions, the hon. c.j. nominated hon. d.s. sinha, j to act as of senior vacation judge during summer vacation, 1997 with the following rider :'during the vacation, only urgent matters which cannot wait till the opening of the court, can ..... , if approached by means of an application. the court was confronted with altogether different situations in state v. debi dayal, air 1959 alld. 421, ramveer v. superintendent, distt., jail and ors., 1995 (3) awc 1539; s.k. srivastava v. acting chief justice and ors., 1996 (2) awc 644; and inder mani v. matheswari prasad, (1996) 6 scc 587, .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ2407; II(1993)DMC4
..... to his custody is regarded as equivalent to unlawful imprisonment of the minor. in applying for the writ it is, therefore, unnecessary to allege that any restrain or force is being used towards the minor by the person whose custody and control he is for 'he time being.' therefore, even if the minor children are not being ..... alternative remedy is concerned, it is well settled that habeas corpus petition should not be rejected on the ground of availability of alternative remedy i.e. moving application under guardianship act (see smt. sunita malik v. dharam veer singh malik (1992 a.d.r. page 400), the relevant portion of the said judgment is as under :-'it is ..... to be dismissed.9. in support of his submissions, sri swaraj prakash has cited marggarate maria pulparampil nee feldman. v. dr. chacko pulparampil and ors., reported in air 1970 kerala, page i full bench, wherein it has been held that in using the writ of habeas corpus for the custody of infants the jurisdiction exercised by the .....
Tag this Judgment!Court : Allahabad
Reported in : (1990)IILLJ109All
..... of non-service pattern, said to be war trophies captured in 1971 war and entrusted to the petitioner's unit, punishable under section 52(a) of the army act, 1950. the charge-sheet dated september 18,1982 was issued by the commanding officer of the petitioner's regiment asking the petitioner to appear at the summary court martial on ..... ignores article 33 of the constitution of india which vests in parliament the power to modify the rights conferred in chapter in to the constitution in their application to armed forces. this aspect was considered in depth by their lordships of the supreme court in the case of pirthipal singh v. union of india (a.i.r.) 1982 (sc ..... the extent the procedure prescribed by law is in derogation of article 21, article 21 shall stand modified in its application to the army forces by the enactment of the procedure in the army act itself.24. counsel next submitted that rule 180 has been breached in the present case. the argument was that as the enquiry instituted against .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1986All251
..... has continued to exist after the independence of india is not relevant to the point at issue apart from the charter it was also incorporated under the companies act, in force at the relevant time and it cannot claim to be of a status higher than a company or a registered society.........'29. the purpose of citing the ..... in respectful agreement with the view taken therein.30. before us, the learned counsel has citedthe decision in executive committee of vaishdegree college, shamli v. lakshmi narain,air 1976 sc 888. in this case, the questionbefore the supreme court was about the statusof the executive council of a degree college.this decision of the supreme court does ..... and for expulsion pending enquiry, no opportunity was required to be given, inasmuch as it was tentative and not final44. union of india v. tulsi ram patel, (air 1985 sc 1416), was strongly relied upon by the petitioner's learned counsel for his submission that the principles of natural justice had not been complied with, as .....
Tag this Judgment!Court : Allahabad
Reported in : [1987]62CompCas87(All)
..... order. facts of the case are not very much relevant at this stage except that an accident occurred after october, 1, 1982, when the central (amendment) act 47 of 1982 came into force. respondent no. 1 has lodged a claim alleging permanent disablement. on his application, the tribunal directed that a sum of rs. 7,500 be paid to ..... to chapter vii-a providing that the provisions of this chapter shall have effect notwithstanding anything contained in any other provision of this act or of any other law for the time being in force.6. certain changes were made at the same time in the provisions of chapter viii comprising of sections 93 to 111a in order ..... under the payment of gratuity act [1984] 65 fjr 204 ; air 1984 sc 1842 ; [1984] 4 scc 356).15. consideration being had to the above, i find that an appeal lies under section 110d against the impugned order passed under section 92a of the act.16. upon merits, counsel for the appellant contended not without force that liability to pay compensation .....
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