Court : Allahabad
Reported in : AIR1999All222
..... to issue such passes, conduct such inquiry and call for such information as considered necessary;(ii) such authorisation shall specify the period during which it shall remain in force, and shall also specify the route to be adopted and check chowki or depot through which the produce must pass; and(iii) any authorisation may at any ..... 2 to 4 of the supplementary affidavit are incorrect. in the light of above, the writ petition, which is based on false and fabricated statements, has got no force and hence deserves to be dismissed.4. sri murlidhar, the learned senior counsel appearing on behalf of the petitioner, contended as follows :--there is no dispute that 'catechu ..... the meaning of the definition of the word 'forest produce' as defined under section 2(4) of the indian forest act.6.10 the decision of supreme court in rathi khandsari udyog v. state of u. p., air 1985 sc 679 is also relevant. the majority judgment, while adjudicating as to whether 'khandsari sugar' is covered by definition .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1470; (1999)2UPLBEC957
..... admission may be, it cannot override or do away with the provisions made in the bye-laws which undoubtedly have a statutory force. an admission made against statutory provisions is inoperative and inconsequential. in any case, the admission was not only against the bye ..... matter of granting writ, is the view taken by the apex court in the case of rashid ahmad v. municipal board,kairana : [1950]1scr566 . this case was followed in subsequent case of k. s. rashid and sons v. income tax investigation commission : [1954]25itr167 ..... the existence of an alternative remedy. we need only add that the breadlines of the generalprinciples on which the court should act having been clearly laid down, the application to the facts of each particular case must necessarily be dependent on a ..... up before the court. a specific and clear rule was laid down in stale of u. p. v. mohd. nooh air 1958 sc 86, in which it was observed as follows :'but this rule requiring the exhaustion of statutory remedies before the .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1375
..... regarding their right in allotment of chaks. it is further submitted in the counter-affidavit that she inherited the property before the u.p.z.a. and l.r.act same into force from the male holder and became bhumidhar under section 18, and has acquired, right under sections 18, 134 and 137 and can transfer the came through the will. a ..... devi has right to execute a will in favour of the respondent nos. 4 and 5 and the deputy director of consolidation has held that bharat died in the year 1950 who was recorded in the year 1356 f. and smt. thakura devi was recorded in the revenue record in the year 1369 f. she was continued in possession for ..... with the names of the petitioners; the presumption of correct entry was there. he has further placed reliance on a decision in nagubai ammal and others v. b. shama rao, air 1956 sc 593, for the purpose that absence of specific pleading of question was mere irregularity.13. learned counsel for therespondent sri a. k. sachan has submitted that the points .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC913; (1999)1UPLBEC718
..... lynchpin and central figure in the new system of panchayals introduced by incorporating part ix consisting of articles 243, 243o by the constitution (73rd amendment) act, 1992 which came into force on 24.4.1993. even prior to the commencement and amendment to the constitution, a system of village panchayat was in vogue. it was a unit ..... as to indicate that the authority has given due consideration to the points in controversy. in m. j. sivani and others v. state of kamataka and others, air 19 sc 1770, it has been observed in para 32 of the report, as under :'32. it is also settled law that the order need not contain ..... government offered certain concessions at the lowest levels at the initial stage by giving power of self government to panchayats in rural areas. under the government of india act, 1935. the power to enact legislation was specifically given to the provincial legislature. notwithstanding such existing legislation, the makers of constitution of india were not much satisfied .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2144
..... was also liable to be dismissed.6. i have considered the submissions made by the learned counsel for the parties.7. provisions of sections 7 and 46 of the police act (act v of 1861). rule 4 (1) (b) (iv) of u. p. police officers of the subordinate ranks (punishment and appeal) rules, 1991 and regulation ..... officer, namely : (a) ......... (b) minor penalties : (iv) censure.' regulation 478. all police officers appointed under section 2 of the police act arc liable to the following departmental punishments : (a) dismissal or removal from the force, as defined in paragraph 481 : (b) reduction as defined in paragraph 482 : (ba) withholding of promotion ; (bb) withholding of increments ..... view we are fortified by the decision of their lordships of the supreme court in state of u. p. and others v. babu ram upadhya, air 1961 sc 751. in paragraph 27 of the report their lordships have observed : '......section 7 empowersspecified officers to punish specified subordinate officers who are remiss .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1147; [1999(81)FLR996]; (1999)IILLJ763All; (1999)2UPLBEC1617
..... category. it is an order which is expressly excluded from being appellable under rule 5. chapter viii of the high court rules.12. therefore, we find sufficient force in the submission of mr. vivek saran that this appeal having sought the relief of the implementation of an award, the same comes within the prohibited zone as ..... of the constitutionin respect of an..... 'award (a) of atribunal ......made or purported tobe made in the exercise or purported exercise of jurisdiction under any uttar pradesh act or central act.....'6. rule 5 of the allahabad high court rules lays down 'that an appeal lies to the court from a judgment ...... in respect of adecree or order ..... interest.'in other words, in the said writ petition, the implementation of the award passed by the industrial tribunal through section 14a of the u. p. industrial disputes act. 1947, is the principal relief that has been sought for. an award passed by the labour court or the industrial tribunal is capable of being executed. u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1230
..... itself states that although a person may not have indefeasible right to be appointed, yet this does not mean that the state has the licence for acting in an arbitrary manner, in support of instant appeal also, the learned standing counsel submits that as the petitioners have no indefeasible right to appointment, they could ..... of the learned standing counsel regarding the maintainability of the writ petition, based on decision of the hon'ble supreme court in shankrsan dash v. union of india. air 1991 sc 1612, holding that the successful candidates have no indefeasible right to be appointed, was rejected by the learned single judge by observing that the said decision ..... persons in the waiting list in accordance with merit to the extent of the number of candidates in the main select list who had not joined.'3. the acts and events constituting undisputed facts of the case, briefly stated, are as below :'for the purposes of recruiting 525 sub-inspectors in civil police of the state, .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC615; (1999)1UPLBEC368
..... the committee to fix the seniority amongst the h.j.s. officer in terms of the judgment of the supreme court. we find sufficient force in this argument of the learned counsel for the administrative side of the high court.23. for all the reasons stated above, we ..... that the court is to submit a list of the candidates for appointment in the h.j.s. and the governor is to act upon that list and rule 22 sets out the rotation in which the appointments are to be made from different sources. rule 26 speaks ..... on 6.5.1992 in terms of directions of the supreme court given in its judgment in the case of o.p. garg, air 1991 sc 1202. for appreciating the direction of the supreme court and the points raised in challenging the seniority list and the points raised ..... the judgment of the supreme court on these petitions stands in o.p. garg and others v. state of u. p. and others, air 1991 sc 1202. the relevant portion of this judgment would be quoted at the proper place and time. for the present, it would only .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ1883
..... the accused in his objection or in his affidavit.10. learned counsel for the revisionists has relied on suresh kumar bhikamchand jain v. pandey ajay bhushan (1998) 1 scc 205 : air 1998 sc 1524 in support of the contention that the accused is not required to wait till framing of the charges or cross-examination of prosecution witnesses. he is not ..... order.2. the brief facts of the case are that respondent no, 2 m/s. tarachand and company filed a complaint against accused persons sender section 138 of negotiable instruments act alleging that the accused issued a cheque on 30th may, 1997 for a sum of rupees two lacs which was drawn on punjab national bank. respondent: no. 2 presented the ..... learned magistrate was right in saying that the date of service of notice is a question of fact which will be decided after recording evidence. the revision therefore has no force and is hereby dismissed. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC829; [1999(82)FLR470]
..... rules provides as follows :'4a. consumption of intoxicating drinks and drugs.--a government servant shall- (a) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being ; (b) not be under the influence of an intoxicating drinks or drug during the ..... upon the employer, contract of service may be reduced to contract of slavery. the employer is entitled to prescribe conditions of service more or less specifying the acts of misconduct to be enforced within the premises where the workman gather together for rendering service. the employer hasboth power and jurisdiction to regulate the behaviour of workmen ..... be sustained. in connection with the second contention. mr. khan had relied on the decision in the case of mansukhlal vithaldas chauhan, v. state of gujarat, air 1997 sc 3400, while he was relying on the decision in the case of m/s. glaxo laboratories (i) ltd., v. presiding officer, labour court, meerut and .....
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