Court : Allahabad
Reported in : 2001(1)AWC757
..... not apply to those inspectors and the government analysts who were holding those positions on the 12th day of april, 1989 ; rules 49a and 50a aforementioned came into force with effect from 12th april, 1989 ; the aforesaid rules have been accepted by our state as no amendment to the contrary has been made till date ; part ..... objection as being of without any substance, command the respondents to restrain such chief medical officers of this state, who do not possess the qualifications aforementioned to act as licencing and controlling authority under the rules, besides to cancel the licences issued after 12th april, 1989 to those persons who are not qualified under the rules ..... have not been impleaded as party-respondents. while making this submission, sri yadav placed reliance on these decisions of the supreme court--(i) prabodh verma v. dal chand and others, air 1985 sc 167, (ii) j. joshe dhanaplaul v. s. thomas, 1996 (3) scc 587 and (iii) ishwar singh v. kuldip singh, 1995 sup (1) scc .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC744; (2001)1UPLBEC407
..... that the petitioner would continue even when the vacancy stood converted into substantive till a regularly selected candidate joined. the directions in the circumstances has neither any binding force nor any legal effect. therefore, the argument of the learned counsel for the petitioner is devoid of any merit.23. the learned counsel for the petitioner has ..... the high court. there is hardly any ground to distinguish that judgment.'19. the supreme court in state of u. p. v. c. l. agarwal, air 1997 sc 2431, held that a division bench cannot hold that a decision of a full bench was not binding or it was erroneous because of a supreme court ..... institution on ad hoc basis in a short-term vacancy (leave vacancy/ suspension vacancy), which is subsequently converted into a substantive vacancy in accordance with the provisions of the act, rules and orders, (on death, resignation, dismissal or removal of the permanent incumbent), cannot claim a right to continue. he has, however, right to be considered .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC498; (2001)1UPLBEC432
..... course which is otherwise very difficult asadmission to such a course is made on the basis of a post graduate medical entrance examination. thus there is considerable force in the contention of sri upadhyay that for a candidate like the appellant the replacement of photograph in the office of the university or examination centre after ..... who is unable to write his name, include 'mark' with its grammatical variations and cognate expressions.'in commissioner of agriculture income-tax v. keshar chandra mandal : [1950]18itr569(sc) , the court examined the validity of a return by an illiterate assessee which was signed by the pen of his son, with reference to section 24 ..... that person and the signature or the mark put on the document.' 10. in m/s. hindustanconstruction company v. union ofindia. air 1965 sc 526, it wasobserved that section 3(56) ofgeneral clauses act has not definedthe word 'sign' but has extended itsmeaning with reference to a personwho is unable to write his name toinclude 'mark' .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ946
..... relevance.9. learned counsel for the applicant admitted that charge sheet has been submitted at dehradun. it is thus clear that when the uttar pradesh reorganisation act, 2000 came into force, prior to that the special court of c.b.i. was having jurisdiction over this case and in view of section 28 of the uttar pradesh ..... bail application was not pending in this court on appointed day.16. learned counsel for the applicant further placed reliance upon section 91 of the uttar pradesh reorganisation act, 2000. however, again the provision is not applicable because this section is in respect of cases which were pending before a court (other than high court), tribunal ..... therewith contained in any other law. again, the provision of this act cannot be ignored in deciding the jurisdiction of this court.18. learned counsel for the applicant placed reliance upon navinchandra n. majithia v. state of maharashtra reported in 2000 (7) scc 640 : (air 2000 sc 2966) and argued that in view of the above case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2001All175
..... capable of being met and, therefore, returning officer rightly did not grant time to he petitioner to meet the objection. the contention cannot be said to be just without force.21. learned counsel for the petitioners has contended that non-filing of form b by 3.00 p.m. on the last date of making nomination papers is not ..... 20 p.m.14. the provisions for presentation of nomination paper, requirements for a valid nomination and scrutiny of the nominations are provided under section 33 and 36 of the act. the relevant extract of the said provisions are reproduced herein;'33. presentation of nomination paper and requirements for a valid nomination. (1) on or before the date appointed ..... held that;'a conjoint reading of the aforesaid provision, inter alia, shows that after the amendment of section 33(1) of the act, a nomination paper of a candidate in order to be valid must be : at page 937; of air : (i) where the candidate is set up by a political party; (a) signed by the candidate and a proposer; ( .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC515
..... apex court in many cases, the refusal on the part of the high court to decide the writ petition on merit when it is ripe for hearing and to force the petitioner to seek remedy which he has not chosen to elect while approaching the high court would delay the justice further more and would not be in consonance with ..... an absolute bar and that writ petition under article 226 could still be entertained in exceptional circumstances.16. in the case of state of u. p. v. mohd. noon air 1958 sc 86, a specific and clear rule was laid down as under:'but this rule requiring the exhaustion of statutory remedies before the writ will be granted is a ..... has been a violation of principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged.15. in the case of rashid ahmed v. municipal board, kairana : [1950]1scr566 , the supreme court observed that existence of an adequate legal remedy was a factor to be taken into consideration in the .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)167CTR(All)22; [2001]248ITR113(All); [2001]117TAXMAN253(All)
..... shows that the assessing officer has various powers mentioned in those provisions. the expression 'assessing officer' has been defined in section 2(7a) of the act. it states :''assessing officer' means the assistant commissioner or deputy commissioner or assistant director or deputy director or the income-tax officer who is vested with ..... west bengal-iii, under the chief commissioner of income-tax-11, west bengal, calcutta.5. the petitioner duly filed the return under the income-tax act up to the assessment year 1998-99 before the joint commissioner of income-tax, special range-13, calcutta (hereinafter referred to as the regular assessing officer ..... prohibiting the respondent from taking action in pursuance of the aforesaid letters and summons.3. the petitioner is a company registered under the indian companies act doing the business of insurance and investment. after nationalization of the life insurance business, the petitioner stopped the provident insurance business and has been carrying .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC127; (2001)1UPLBEC109
..... in the background disclosed above and adverse material relied upon by the employer against him are the foundation and does not merely constitute 'motive' to resort to act of termination of petitioner's service. hence preliminary objection on second score is also rejected. 13. the court proceeds to decide the writ petition on merit. 14 ..... writ petition is maintainable against n.c.z.c.c. 11. regarding second preliminary objection, namely, petitioner can seek alternative remedy under u. p. industrial disputes act, it will suffice to mention that now it is well-settled that a party should not be non-suited only on the ground of alternative remedy when parties ..... is not an authority under article 12 of the constitution of india and (ii) the petitioner has an alternative remedy by approaching under u. p. industrial disputes act. 7. a rejoinder-affidavit has been filed by the petitioner denying case of the respondent in the counter-affidavit and reiterated his contention in the writ petition. 8 .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)1UPLBEC487
..... rendered by ignoring a decision of higher bench or coordinate bench then it is known in law as a decision in per incuriam. such a decision loses its binding force. the principle is explained in halsburv's laws of england, third edition, volume 22, paragraph 1687 at 799-800 as under :'the court is not bound ..... to refer it to larger bench. the submission is based on well-known principle of judicial discipline. the court in tribhovandas purshottamdas thakkar v. ratilal motilat patel. air 1968 sc 372, while considering the nature of binding decisions has observed as under :'a single judge is ordinarily bound to accept as correct judgments of courts of ..... committee of management. it was dismissed. he filed a representation on 5.2.2000 under chapter iii, regulation 31 of the regulations framed under u.p. intermediate education act, 1921 (in brief regulations) before the district inspector of schools (in brief dios). the management filed its objection that the dios had no jurisdiction to hear the .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)4CompLJ335(All)
..... the practice of taking deposits from public at high rate of interest with concealed purpose of their own businesses and concerns. it also come to the force that in many cases deposits taken by such companies were not refunded on due dates. in many cases, the deposits taken by such companies were ..... these companies. 29. despite the provisions before the promulgation of the reserve bank of india (amendment) ordinance, 1997 contained in chapter iii-c of the act, the unincorporated bodies circumvented the statutory restrictions by floating different partnership firms as and when a firm reached the level of 250 depositors. further, it is ..... issuing directions, prohibiting nbfcs from accepting deposits, filing of winding up petitions etc. in exercise of powers conferred on the bank by the various provisions of the act, it has issued non-banking financial companies acceptance of public deposits (reserve bank) directions, 1998 ('the directions') to regulate acceptance of deposits by the companies .....
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