Court : Allahabad
Reported in : 2000(3)AWC2139; (2002)3UPLBEC2351
..... the members of the jal sansthan. see-proviso to section 25 (2) (vi) of act, 1975. section 2 (2) of act, 1975. defines 'prescribed' means 'rules made under this act.' jal sansthan submits that rules. in force prior to commencement of the act. 1975, continue by virtue of section 99 and that they have provided tariffs strictly in ..... the behest of the societies which are constituted for the welfare of its members and to watch their interest. in this context reliance is placed upon : 1. air 1980 sc 1622 (para 1)(ratlam municipality v. vardhichand) 2. 1996 (2) scc 572 pilmaintainable. delhi water supplyand sewerage disposalundertaking and another v. stateof haryana ..... . many environmental health problems are associated with poverty and a lack of essential resources, chief among them sufficient and clean water, food, shelter, fuel, and air.'10. article titled 'critical shortages ahead' in the magazine-noted the world's thirst for water is likely to become one of the most pressing resource issues .....
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 : 2001(1)AWC645; (2001)3UPLBEC2031
..... union cannot claim that he had no knowledge as to when its constitution came into existence. the university of lucknow was already established earlier to coming into force of state universities act, 1973 and the existence of students union or the constitution of the university students union can be in existence may be since the inception of the ..... writ petition. besides it has also been ruled by the supreme court' in executive committee of vaish degree college, shamli and others v. lakshmi narain and others, air 1976 sc 888, that an affiliated college is not a creation of any statute and cannot maintain writ petition. however, it has already been discussed above that the ..... to a university.11. right to education has been recognised as fundamental right by supreme court in its decision miss mohini jain v. state of karnataka and others. air 1992 sc 1958. it has been held:'right to life' is the compendious expression for all those rights which the courts must enforce because they are basic to .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ3051; I(2001)DMC1
..... the petitioner?(2) whether the' magistrate having dismissed such petition on the petitioner's absence can recall the order of dismissal and restore the case?3. prior to the act came into force, a married woman, whether divorced or not, on being refused of maintenance by her husband was entitled to approach the magistrate 1st class under section 125 of the code ..... correctness of the said order in the high court by filing a revision. following the decision of the supreme court in the case of mst. jagir kaur v. jaswant singh, air 1963 sc 1521, the court held that a proceeding under section 125, cr.p.c. being civil in nature, the magistrate can invoke inherent power to recall his earlier ..... /set aside. in support of his submission he relied upon the decision of the apex court in the case of major general a.s. gauraya v. s.n. thakur, air 1986 sc 1440.on the other hand, learned counsel for the opposite party no. 1 controverting the aforesaid submission urged that a maintenance proceeding under the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC1911; (2000)2UPLBEC1153
..... of such contention reliance was placed to the judgment in the case of m/s. shree chomundi mopeds ltd. (supra) and it appears that such contention has force.29. on the first question raised by the petitioners as regards holding of selection each year and against clubbing of vacancies of several years, it appears that yearly ..... government order dated 27th february, 1999.' therefore, it appears that the said government order has not been claimed to have been issued under section 2 of the police act. the government order itself does not mention the source of power which was exercised when the said government order was issued. therefore, the necessary conclusion is that the ..... . in support of such contention, reliance has been placed on the judgment in the case of shakuntala shukla (supra), municipal board pushkar v. state transport authority, rajasthan, air 1965 sc 458 and the case of dr. archana rohatagi v. state of u. p., 1985 uplbec 809.9. relying on the admitted facts that there was no .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2024; (2000)2UPLBEC1230
..... the earnest money deposited by them under the terms and conditions of the contract if they sought the modification of the price bids.8. the above forceful and seemingly attractive submissions may be analysed with reference to the basic features and process of evolution and profound transformation of the developing and growing pil. ..... to be public spirited citizens cannot be encouraged to indulge in wild and reckless allegations besmearing the character of others and so the court must refuse to act at the instance of pseudo-public spirited citizens, the court observed that :'...... the court cannotclose its eyes and persuade itself to uphold publicly mischievous executive actions ..... had it acted otherwise andrefused to issue a writ on the ground that allegations of personal bias against chief minister was false. had that been done, the public mischief perpetrated, would have been perpetuated. that is not what courts are for.'in another case, shivaji rao patil v. mahesh madho gosai, air 1987 sc .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)IIILLJ1143All; (2000)3UPLBEC1870
..... of rule 1 are blank. whereas in the one produced by mr. singh the same are complete. in clause (ii) in annexure ra-1-mentions the date of coming into force from january, 1960.20. the second deviation is in rule 17 where the age of superannuation has been mentioned as 55 years which can be extended beyond 55 years for ..... the said notification has any relevance for our present purpose.34. mr. mishra, also relied on the following decisions in support of his contention viz. mewa ram v. united provinces, air 1954 all 487; bombay gas company v. r.n. kulkarni, 1965-i-llj-137 (bom-db), state of madhya pradesh v. shardul singh, 1970 (1) scc 108; piara ..... the petitioner contends that the petitioner was appointed in the district co-operative bank limited mirzapur, a central co-operative society, registered under the u. p. co-operative societies act, 1965 in the post of clerk on december 8, 1962. the age of retirement on the date the petitioner was appointed as prevalent in the said bank was 60 years .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2435
..... 5.1992, which was affirmed by the hon'ble supreme court, said order superseded the order dated 19.5.1992. the order dated 22.5.1992 was in force till 31.7.1992. it was submitted that before the petitioner no extended order passed in continuation of the order dated 22.5.1992 was filed, so the ..... and protection from executive interference. at a time when fairness and non-arbitrariness are the essential requirements of every administrative state action, it is more so for any administrative act of the judges. it is necessary that members of the subordinate judiciary get no occasion to think otherwise. we are afraid, this incident appears to shake this faith ..... to the stround's judicial dictionary, is 'arising from ill-motive'. any act of negligence, error of judgment or innocent mistake cannot constitute an act of misconduct. in this regard, reference was made to the decision of hon'ble supreme court in union of india v. j. ahmad, air 1979 sc 1022, wherein it was observed ; 'lack of efficiency, .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1639; (2000)2UPLBEC1121
..... p., pithoragarh and included in z.p., champawat on the establishment of the new z.p., champawat.20. section 27b was inserted by u. p. panchayat laws (amendment) act, 1995, which came into force from april 2, 1994. this newly inserted section prohibits holding more than a seat simultaneously. in terms of clauses (b), a person is prohibited from being a member ..... support of his contention, he had relied on two decisions, namely, in the case of shri shreewant kumar choudhary v. shri baidyanath panjiar,air 1973 sc 717, and in the case of r. chandran v. m.v. marappan, air 1973 sc 2362. on these grounds the appellant wants that the judgment appealed against be set aside.4. mr. v.k.s. ..... regard to the ratio laid down in the case of national sewing thread co. ltd. v. james chadwick and brothers, air 1953 sc 357 (para 9) ; union of india and others v. yaqub ali khan, air 1963 all205 (para 8) and in the case of om prakash v. state of uttar pradesh, 1972 awr 428 (para 6),reference to section 49 .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
..... be made under this section unless the person has at some time been arrested in connection with such investigation of proceeding.5. the transfer of prisoners act, 1950:19. the aforesaid act. no. xxix of 1950 provides for removal from one state to another of persons confined in prison and has only 4 sections out of which section 3 may be relevant ..... class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the state government, shall have effect in respect of such person or ..... officer under the direction of a magistrate, to make an investigation vested with the power of investigation. union of india v. w.n. chadha 1993 scc (cri) 1171 : air 1993 sc 1082 : 1993 cri lj 859.52. apart from going into several important questions touching, the life and liberty of a person enshrined under article 21 of the constitution .....
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