Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: allahabad Page 1 of about 13,651 results (0.088 seconds)

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... to aforesaid proposition of law with regard to inter-state sale and keeping in view the applicability of cst with regard to inter-state sale, it shall be appropriate to look into at a glance the gas sale and purchase agreement (in short gspa) entered into between the petitioner and the respondent indo gulf fertilizer, copy ..... supreme court in ntpc (supra) held that though it may be permissible to fix the situs of sale either by appropriate state legislation or by judge-made law but it cannot be done artificially so as to create territorial nexus attracting applicability ..... unascertained or future goods it may happen that the seller or the buyer may make an appropriation of the goods without the assent of the other party and put them into the course ..... contract for sale of unascertained or future goods by description and goods in a deliverable state, it is unconditionally appropriated to the contract, either by seller with the assent of the buyer, the property passes to the buyer ..... 226 of the constitution of india feeling aggrieved with the impugned order passed under section 25 of the uttar pradesh value added tax act, 2008 (in short vat act) after remand of the matter by the trade tax tribunal, lucknow. ..... (5) where situs of sale has not been fixed or covered by any legal fiction created by the appropriate legislature, the location of sale would be the place where the property in goods passes, it is the passing of property within the state, intended to be fastened on for the purpose of .....

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

..... the petitioner has also prayed to issue an appropriate writ order or direction declaring the constitution (ninety third amendment) act, 2005 ultra vires in as much as it pertains to private unaided educational institutions. 12 ..... there is thus no reason for save admissions to b.p.ed course in private unaided colleges, if any, in the year 2008-09, of the students on the basis of reservation in reserved categories. 36. ..... the decision in ashoka kumar thakur was rendered on 10.4.2008, much before the date of entrance examination was declared in the advertisement for admission to b.p.ed self finance course ..... union of india, (2008) 6 scc 1, and further, for the same reason, section 4 of the up admission to educational institutions (reservation for scheduled castes, scheduled tribes and other backward classes) act, 2006 (up act no. ..... the applications for b.p.ed entrance examination 2008 were invited by the deen dayal upadhyay gorakhpur university, gorakhpur for admissions to the b.p.ed course, in the self-finance unaided educational institutions ..... union of india and others, (2008) 6 scc 1, a constitution bench of the supreme court has held article 15 (5) to be valid to the extent it permits reservation for socially educationally backward classes and other reserved category classes in the state or state aided educational ..... union of india and others (2008) 6 scc 1:- "the office of the additional solicitor general of india, high court, allahabad has accepted notice on behalf of respondent no. .....

Dr. S.P. Mittal S.O Late B.D. Mittal Vs. State of U.P. Thru Prin. Secy ...

Court : Allahabad

..... an enquiry as to why the entire dues have not been paid to the petitioner in spite of the recommendations of the state government and shall take appropriate action against the officers who are at fault in not reimbursing the medical dues and submit a compliance report to this court by the next date of ..... mittal has sought information under right to information act, hence, the documents namely original bill vouchers and copy of government order dated 11.2.2008 be furnished to director of education earliest for appropriate steps.12.it is at this stage, the petitioner has approached this court by ..... camp office of deputy director of education, lucknow with request to take appropriate decision on the medical reimbursement claim of petitioner and his wife expeditiously ..... whenever it comes to the notice of this court that the government or its officials have acted with gross negligence and unmindful action causing harassment of a common and helpless man, this court has never been a silent spectator but always reacted ..... between a malice of fact and malice in law must be borne out from records; whereas in a case involving malice in law which if established may lead to an inference that the statutory authorities had acted without jurisdiction while exercising its jurisdiction, malice of fact must be pleaded and proved. ..... to the director of education stating that in view of the government order dated 11.2.2008, as per the new procedure, medical bills relating to treatment obtained outside state of .....

Maharishi Shiksha Sansthan and Maharishi Vidya Mandir Through Its Prin ...

Court : Allahabad

Reported in : 2009(1)AWC267

..... may, in consultation with the corporation and where the appropriate government is a state government, with the approval of the central government after giving six months' notice of its intention of so doing by notification in the official gazette, extend the provisions of this act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise:provided that where the provisions of this act have been brought into force in any part of a state, ..... elaborating the argument further, learned counsel for the petitioner has argued that by virtue of section 1(5) of the act, the act in the first instance applied to all the factories and in the second instance to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise, hence educational institution is not included ..... learned counsel for the petitioner has argued that the aforesaid sub-section suffers from the vice of excessive delegation as the power to bring any establishment under the act has [been conferred upon the government without providing any guidelines.8. ..... (decided on 12.05.2008)in the said authorities, it has been held that educational institution can be brought under the umbrella of the act moreover, the act is beneficial legislation and in case of any ambiguity it requires to be ..... writ petition, petitioner has challenged the coverage notice dated 22.08.2008 and notification dated 30.06.2008. ..... on 01.09.2008)2. s.b ..... of 2008, .....

Pramod Kumar Dixit and Another Vs. Central Administrative Tribunal and ...

Court : Allahabad

..... for respondent no.4 submitted that the judgment of cat bench at madras affirmed by the madras high court has not yet attained finality in view of the interim order passed by hon'ble the supreme court dated 21.12.2008 whereby the parties have been directed to maintain status quo as on that date in regard to judgment and order of the madras high court. ..... the bharat sanchar nigam limited was notified under section 14(2) of the central administrative tribunal act, 1985 with effect from 10.11.2008, passed an order on 03.03.2009 dismissing the writ petition on the ground that the petitioners have an alternative and statutory remedy before the cat and also directed that in case an original application is moved within two ..... in addition to that, the order of status quo as passed by hon'ble the apex court is dated 21.12.2008 whereas the direction was given to the tribunal by the subsequent order passed by a co-ordinate bench of this court on 03.03.2009 after hearing both the parties, also on the points raised on behalf of respondents during the course of ..... thereafter, 4 aggrieved officers, who had filed writ petitions in madras high court, filed special leave petition no.11339 of 2008 wherein vide an order dated 21.12.2008 hon'ble the apex court passed interim order of status-quo. ..... before the cat to claim appropriate relief. ..... the said writ petitions being nos.21961 and 22087 of 2001 were decided by the madras high court on 02.04.2008 whereby the decision of the cat bench at madras was upheld. .....

Praveen Kumar Sharma Vs. Union of India Thorugh Its Secy. Dept. of Hom ...

Court : Allahabad Lucknow

..... as regards, the second ground canvassed by the learned counsel for the petitioner for assailing the impugned order in this writ petition that neither the act nor the rules contain any provision for initiating any disciplinary proceedings against a deserter, the same also looses all significance and force in view of the discussions made above, wherein it has already been ..... of declaring a member of the force as deserter is that he is no longer a member of the force and hence once such a declaration in respect of a member of the force is made, the order of removal becomes meaningless and (2) that neither the crpf act nor the crpf rules provide any provision for taking any disciplinary action against a member of the force, who has been declared to be a deserter. ..... substance of accusation annexed with the charge-sheet, charged the officer with a charge that the petitioner has misconducted himself being member of the force as after availing the thirty days' earned leave from 12.03.2008 to 10.04.2008, the petitioner did not report on duty on due date and thus the petitioner had been absent from duty without any leave or permission granted by the appropriate authority w.e.f. ..... the conditions of service of the members of the force are governed by a parliamentary enactment, namely, central reserve police force act, 1949 and the rules framed by the central government under section 18 of the said act which are known as central reserve police force rules, 1955. .....

Committee of Management, Aley Ahmad Girls Inter College, Amroha, J.P. ...

Court : Allahabad

..... reference: "(7) whenever there is dispute with respect to the management of an institution, persons found by the regional deputy director of education upon such enquiry as is deemed fit to be in actual control of its affair may, for purposes of this act, be recognised to constitute the committee of management of such institution until a court of competent jurisdiction directs otherwise: provided that the regional deputy director of education shall, before making an order under this sub-section, afford reasonable ..... subsequent government order dated 20.10.2008 modified the same to the extent that in the event there is no dispute or legal impediment, the district inspector of schools can proceed to pass an appropriate order for recognition. ..... it is further submitted that merely because the letter of the acting principal indicating the elections did not reach the office of the district inspector of schools, cannot be a basis for holding the elections to be invalid when the district inspector of schools himself has found that ..... district inspector of schools has no authority under the provisions of the 1921 act to decide a dispute of rival claims. 11. ..... intermediate education act, 1921 whenever there is a rival calim or dispute with regard to lawful effective control over the affairs of the institution, the matter has to be decided by the joint director of education, who is the authority now ..... intermediate education act, 1921 and the regulations framed thereunder, through rehan ali naqvi as .....

Sunil Pathak Vs. Gunja Alias Gunjan Pandey

Court : Allahabad

Reported in : 2009(1)AWC561

..... lie from every judgment or order, not being an interlocutory order, of a family court to the high court both on facts and on law.section 28-(1) 'all decrees made by the court in any proceeding under this act shall, subject to the provisions of sub-section (2), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie ..... therefore, we are of the considered opinion that where the additional district judge or the district judge in exercise of his original civil jurisdiction passes an order under section 24 of the act, 1955 granting ad interim maintenance in a district where family court had not been established, such an order granting ad interim maintenance would not be a case decided within the meaning of ..... return the certified copy of the judgment dated 15.10.2008 and decree/formal order to the counsel for the appellant to enable him to seek his remedy at appropriate forum. ..... we are of the considered opinion that the order passed by additional district judge under section 24 of the act, 1955 under his original civil jurisdiction can be challenged by the appellant under the power of superintendence before the high court under article 227 of the ..... the stamp reporter had 'submitted two reports on 17.11.2008 and 20.11.2008 that appeal would not 'lie under section 19(1) under the family courts act against an order passed by the district judge, ghazipur as no family court has been .....

National Insurance Comp. Ltd. Lko.Through Its Regional Manager Vs. Ram ...

Court : Allahabad

..... from the perusal of the said section , the postilion which emerge out that the legislature while framing the provisions of motor vehicles act has clearly provided that if the award is given by the motor accident claims tribunal is less than rs.10,000/- , no appeal shall lie against the ..... accordingly, in view of the said facts once the statute has provided an appeal under section 173 of the motor vehicles act against an award passed by the motor accidents claims tribunal and further in sub-section (2) of section 173 of the motor vehicles act provides that no appeal shall lie against any award of a claims tribunal, if the amount is less than ten thousand rupees, so the revision filed by the revisionist thereby challenging ..... to decide the said controversy, it is appropriate to go through section 173 of the motor vehicles act, 1988. ..... from a perusal of the above provisions, there is no room to doubt that the claims tribunal is under obligation to act judicially as on receipt of an application, the tribunal has to give notice to the parties who have to be afforded an opportunity ..... body which is composed of or consists of experienced judicial functionaries and it is under obligation to act judicially can hardly be said to be a body which is not a judicial adjudicating body. ..... not alone that motor accidents claims tribunal acts judicially but it is under obligation to act as such as it has to go through the procedure which is normally adopted in the regular ..... of 2008 or not ..... 16 of 2008 (ram .....

Ms Larsen and Toubro Limited. Vs. Ms Maharaji Educational Trust

Court : Allahabad

..... of words "the award shall be enforced under the code of civil procedure, 1908 in the same manner as if it were a decree of the court" in section 36 of the act would not mean that the provisions of the code of civil procedure with regard to execution of decree would become applicable in the execution of the award. ..... 686 wherein it has been held that in the event of appointment of an arbitrator and reference of disputes to him being void ab initio as totally incompetent or invalid the award shall be void and liable to be set aside in any appropriate proceedings when sought to be enforced or acted upon. ..... said case when the award was filed in the court for making rule of the court under 1940 act, objections were filed by the judgment-debtor under section 30 of the said act which were dismissed on the ground that they were filed beyond the prescribed period of limitation. ..... the hon'ble apex court was considering the validity of the objection filed under section 30 of 1940 act and having found that since the appointment of arbitrator and reference of dispute was void and as such the award was also void and the fact that application was filed beyond ..... it has been urged by the learned counsel for the applicant that since objection under section 34 of the act was dismissed on the question of limitation and not on merits hence the said order would not operate as res-judicata and the district judge has wrongly and illegally dismissed the objection ..... mahant ram niwas (2008) 11 scc 753; 2.dharma .....