Court : Allahabad
Reported in : AIR2000All58
..... without availing of remedy by way of arbitration, plaintiff could not have asked for injunction in view of section 41-a of the specific relief act as was held in sunil kumar v. ram prakash, air 1988 sc, 576, paragraph 28. 66. a suit simply against disconnection is not maintainable as was held in the case of i. n. ..... sub-station i.t.d., delhi road, saharanpur's industrial feeder by changing it to another feeder namely 'manali feeder' directly or indirectly through their employees or police force and to continue electric connection as per enclosed line diagram and be restrained from interfering in continuance of electric connection.'18-6-1992 o.s. no. 380/1992 'to ..... of the plaintiff against the defendant directing them not to visit plaintiffs factory at electricity connection of 940 kva of the energy meter installed therein by using police force contrary to law as per letter dated 4-5-94 till the energy meter at the plaintiffs factory is correct and is giving correct reading and is not .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC160
..... jurisdiction either to grant probate or letters of administration. this can be granted by the court having jurisdiction to entertain application under section 276 of the indian succession act. the defendant has filed civil suit for injunction in the court of civil judge (jr. division) allahabad and the succession suit also in the same court ..... to a court is not a suit. an application for probate or letters of administration is submitted to the court under section 276 of the indian succession act, 1925 and presentation of such application in court is not treated as institution of suit. 7. chapter 30 of the high court rules provides the procedure ..... air1928all51 ; sundrabai u. collector of belgaum, (1909) 33 bom. 256 and mr. nathon v. mrs. nathan, air 1930 oudh 272, held that applications for probate or grant of letters of administration under the provisions of succession act are not suits even though the provisions of code of civil procedure. 1908 as nearly as may be, have been madeapplicable .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC594
..... reputation by handing him over to c.b.i. on a false charge of committing fraud which he would not have otherwise tendered. therefore, the plaintiff was forced to do an act, viz., to tender the resignation which he was not legally bound to do. the offence of criminal intimidation is punishable under section 506 of the indian penal ..... not in our opinion, sufficient to clothe the institution with a statutory character.19. the court referring to the case of sukhdeo singh v. bhagatram sardar singh raghuvanshi, air 1975 sc 1331, has held that 'there is a well marked distinction between a body which is created by the statute and a body which after having come into ..... well-settled principle of law is that the relationship of master and servant may be broadly categorised in three heads. in sirsi municipality v. c.k.f. tellis, air 1973 sc 855, the supreme court held that 'the first head relates to relationship of master and servant governed purely by contract of employment. any breach of contract in .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC287; [2000(84)FLR794]; (2000)ILLJ1104All
..... government has already abolished contract labour in such a situation by legislative enactment as manifested in the section 2 (i) (iv) of the state act--may be before the contract labour act came into force. the system of contract labour is not in public interest. it should be abolished. the abolition of the contract labour under section 10 of the ..... this court. so that part of the direction in gujrat electricity board case is not, with due to respect to the bench, correct in law. the air india corporation act has overruled that part of the gujrat electricity board, where the court had given its reasons on the effect of abolition of labour contract under section 10 of ..... no. 7597 of 1996 decided by justice markandey katju on 11.4.1997 this court has rightly held that gujrat electricity board case has been partly overruled by the air india corporation case. i have also pointed it out under the sub-heading 'a comment about the gujrat electricity board case' (paragraphs 15-16 of the judgment). .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC273
..... resin, the disposal of which is governed by the provisions contained in the u. p. resin and other forest produce (regulation of trade) act. 1976. according to the facts emerging in all these petitions, the issue raised is whether the petitioners can be asked to pay the ..... of any forest produce, or of expenses incurred in the execution of this act in respect of such produce, may, if not paid when due, be recovered under the law for the time being, in force as if it were an arrear of land revenue.'5. necessary amendment has ..... ., air 1980 all 100 (db) : state of madhya pradesh and another v. firm gobardhan das kailash nath, air 1973 sc 1164. it may be added that the only other case cited which is reported at 1967 ..... must go. reliance has been placed on four decisions : firm gobardhan das kailash nath v. collector, mirzapur, air 1956 all 721 (db) ; state of u. p. v. deewan chand 1973 alj 309 ; virendra kumar v. state of u. p .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC61
..... election to be void. the apex court after considering the definition of 'elector' as defined in section 2(e) of the act, the qualifications mentioned in section 16 of the representation of the people act, 1950. the qualifications as provided in article 173 of the constitution and the disqualifications for membership as prescribed in article 191 of the constitution ..... the elections are in progress.' 5. the second case relied upon by the learned counsel for the respondent is the election commission of india v. shivaji and others, air 1988 sc 61. in this case, the validity of the notification issued by the election commission on 18th september, 1987 was challenged by filing a writ petition under ..... legislature. the election has to be held on the basis of the electoral roll which is in force on the last date for making nominations.'24. in the case of si t. muthusami v. k. natrajan, (1988) 1 sco 572 : air 1988 sc 616, a writ petition was entertained by the high court with regard to election process .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2452
..... wrongful, may well apply, in devendra pratap singh's case (supra), it was only observed that a duty of public nature even if it is non-statutory may been force by a writ of mandamus against a non-statutory body. for this view, it relied on the observations of the full bench of this court in aley ahmad abadi ( ..... distinction in the organization nor it can be said that element of public interest is infused simply because of its incorporation under the co-operative societies act.40. reliance on the decision in the case of air india statutory corporation and ors. v. union of india and ors., 1997 (9) scc 377, placed by mr. sudhanshu dulia, learned counsel for ..... can be considered to be a public body. since the bank in that case was a statutory body constituted under the 1964 act and the relation of its employees were governed by the 1975 regulation having statutory force, the apex court were not called upon to decide as to whether a co-operative society which do not have distinguished status .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC369
..... he thinks fit, at any time : (a) enter, inspect and search such premises, vehicle, vessel or other place and may use such minimum force as may be necessary for the purpose ; (b) seize any means referred to in sub-section (2), which may be found in such premises ..... burden of proof has been circumstantial to the extent of proving existence of artificial means for dishonest abstraction. therefore, in the 1910 act section 39 has been amended to the extent of incorporating that existence of artificial means for abstraction shall be prima facie evidence ..... that paper seal pasted at top and bottom of the ct chamber door in duplicate on 24.10.1996 being no. 1950 were torn at both the places. plastic seal no. b-15568, provided on ct chamber door on 24.10.1996, ..... sc 849 ; ram chandra v. state of bihar. air 1967 sc 849. the amendment in u. p. of section 39 incorporates the identical provision of the later part of section 39 of 1910 act in sub-section (2) separately. 29. in the case of state of bihar v. r .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC74
..... to the petitioner.15. it has been urged on behalf of the petitioner that the oral enquiry has not been made and in this regard reliance has been placed on air 1966 supreme court 269, the state of bombay v. nurul latif khan, therein it is held that failure to hold an oral enquiry will vitiate the order of punishment. in ..... or false. in the circumstances, the petitioner as rightly removed from service and that there is no ground whatsoever to interfere with the said findings,20. the petition has no force and the same deserves dimissal. the petition is accordingly dismissed. costs on parties.
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2000)75ITD183(All.)
..... requires application of mind and judicial discretion or approach by any authority, it partakes and assumes the character and status of a judicial or at least quasi-judicial act, particularly because their act, function, is likely to affect the rights of affected persons.115. after going through the relevant provisions relating to granting of approval and the relevant case laws, ..... seizure were neither legal nor valid and the entire procedure of assessment under chapter xivb is liable to be vitiated on this basis alone.kalidas dhanjibhai v. state of bombay air 29. referring to the decision of calcutta high court in the case of ashok viniyoga ltd. (supra), the ld. counsel submitted that in that case, adopting the ..... that provision is not panacia for curing all the defects.93. the decisions cited above will apply to notice under section 158bc with equal force on the point of validity of notice, as the provisions of section 21 of u.p. sales tax and those of section 148 of income-tax are .....
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