Court : Allahabad
Reported in : 2005(1)ESC297; (2005)2UPLBEC1362
..... strictly adhered to and not to be altered without prior concurrence of the central vigilance commission and therefore, looking to the provisions contained in section 8 of the banking companies (acquisition and transfer of undertakings) act, 1970, the apex court held that the ministry of finance, government of india, has no jurisdiction to issue the impugned directives to the banking institutions .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
Palok Basu, J.1. Two revered Judges of this Court have differed on very vital point arising on the interpretation of the provisions contained in Section 257 of Code of Criminal Procedure, 1973 (for short the new Code). The matter which has been referred to this Court for adjudication is whether the provisions in the said Section 257 of the new Code will be applicable during 'investigation'.2. Bobby alias Premveer and Gyani alias Gyanendra Singh, applicant Nos. 1 and 2 in this case have filed an application under Section 482 Cr. P.C. which contains the following prayer '...the order dated 30-8-1999 issuing warrant 'B' Case Crime No. 88 of 1999 under Section 395/412, I.P.C, Police Station Govind Nagar, Mathura passed by the C.J.M. Mathura be quashed....3. Both the applicants alleged to be the residents of Aligarh and Ghaziabad, have alleged that a report under Section 392, I.P.C. was initially registered against them in Case Crime No. 88 of 1999 at Police Station Govind Nagar District Ma...
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All224; (2000)1UPLBEC825
R.R.K. Trivedi, J.1. The aforesaid three writ petitions have been filed challenging the actions/omissions of Bar council of Uttar Pradesh pertaining to the election held for constituting fresh Bar Council and thus, questions of law and fact involved in all the writ petitions are similar and they can be diposed of by a common judgment. The writ petition No. 36101 of 1999 shall be the leading case.2. The relief claimed in the writ petitions are not identical and so also the pleadings, however, the undisputed facts between the parties are that son the basis of the last election Bar Council of Uttar Pradesh, assumed office on 17-6-1994 and its term offive years was to expire on 16-6-1999. However, as the Bar Council failed to provide for the election of its members before expiry of the term of five years the Bar Council of India by an order extended the term for a period of six months in exercise of power conferred under the proviso to Section 8 of Advocates Act, 1961 (hereinafter referred...
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All99; (1996)3UPLBEC1617
ORDERR. Dayal, J. 1. Following question has been referred by a Division Bench of this Court for decision by the full Bench: 'Whether the Deputy Director of Education can be said to be functioning as a Tribunal within the meaning of Rule 5 in Chapter VIII of the Allahabad High Court Rules, while exercising the powers conferred on him under sub-section (7) of Section 16-A of the U.P. Intermediate Education Act, 1921.'2. This special appeal arose from an order passed by a learned single Judge of this Court dismissing the writ petition which was filed questioning the validity of an order passed by theDeputy Director of Education under Section 16-. A(7) of The U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The appeal came up for hearing before a Division Bench comprising the then Hon'ble Acting Chief Justice Mr. A.L. Rao and Hon'ble Mr. Justice V.N. Khare (as he then was). A preliminary objection was raised by the learned counsel appearing for the third responde...
Tag this Judgment!Court : Allahabad
Reported in : 2007CriLJ170
B.S. Chauhan, J.ISSUES BEFORE THE FULL BENCH : 1. A Division Bench of this Court vide order dated 22.08.2000, referred two questions to a larger Bench for determination/answer, namely;1. Whether arrest during investigation can be stayed by this Court only in rarest of rare cases as observed in Satyapal v. State of U.P. and Ors. 2000 Cr.LJ. 569, or according to the criteria laid down by the Supreme Court in Joginder Kumar v. State of U.P. and Ors. : 1994CriLJ1981 ?2. Whether the Full Bench in Satyapal's case was right in holding that Joginder Kumar's case was delivered on its own peculiar facts and circumstances and hence does not lay down any legal principles relating to the power of arrest and the power of stay to arrest by this Court?BACKGROUND OF THE CASE AND CONTENTIONS ON BEHALF OF THE PARTIES : 2. The petitioner Ajit Singh filed this writ petition for quashing the First Information Report dated 19.05.2000 (Annex.l) registered as Case Crime No. 144 of 2000, under Sections 323, 504...
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2834; [2000(87)FLR142]; (2000)3UPLBEC2161
G.P. Mathur, J. 1. The question which requires consideration here is whether a special appeal would lie against the judgment and order of a single Judge in a writ petition under Article 226 of the Constitution wherein an order passed by Deputy Labour Commissioner under clause (LL) of the standing orders governing conditions of employment of workmen in Vaccum Pan Sugar Factories was subject-matter of challenge.2. Surya Narain Shahi, respondent No. 2 was appointed as cane-observer in the appellant Pratappur Sugar and Industries Limited on 25.10.1956 and in the service book, his date of birth was entered as 16.12.1935. He became eligible to become member of Provident Fund Scheme and in P.F. Form II, he made a declaration on 10.10.1957, that his date of birth was 16.12.1935. On 12.11.1992, he made a representation to the appellant, that the entry regarding his date of birth be changed from 16.12.1935 to 1.5.1939, which was recorded as his date of birth in his High School Certificate. No ac...
Tag this Judgment!Court : Allahabad
..... mandatory requirement that it must precede before the issuance of the notification under s.4."27. shri rai submits that it is not necessary for the acquisition to be acquisition for the company only, if the company was not in existence when the project was conceived. in the present case the company was in existence ..... is not new. a similar design has been used in the course of implementation of the bangalore-mysore corridor as well as for development of pondicherry port.62. shri sinha has urged the following arguments in support of the acquisition of land for development:-"the project concept being a public purpose, award of contract, its terms ..... mysore, for which there were several interchanges in and around the periphery of the city of bangalore, together with numerous developmental infrastructure activities along with the highway at several points. as an integrated project, it many require the acquisition and transfer of lands even away from the main alignment of the road."55. shri shashi .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC2011
..... . mehta v. kamal nath and ors.;2. : (1982)iillj454sc people's union for democratic rights and ors. v. union of india and ors.;3. : air1994sc487 corporation of the city of bangalore v. fuel lorry owner and merchants association and ors.;4. : air1997sc272 s.p. anand v. h.d. deve gowda and ors.;5. : air2004sc1923 dr. b. singh v. union of india .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)68TTJ(All)516
..... . the other case laws are also not applicable here. it will be sufficient to mention here that the said case deal with issuance of notice under section 269d meant for acquisition of property. not only the phraseology of the said section is different, the scope also of the said section is altogether different from section 148/158bc.16. all these aspects ..... analysis of the said opinion, we find that it comes directly in conflict with the view expressed by the hon'ble allahabad high court in the case of banarasi silk palace v. cit (1964) 52 itr 220 (all), a case which has been listed at the footnote of p. 1216 itself. the relevant portion appears at p. 230 of the said .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
Devi Prasad Singh, J.1. In these bunch of writ petitions a common question of law and facts are involved, hence, I proceed to decide finally by present common judgment.These bunch of writ petitions have been filed against the impugned Government order dated 9.9.2004, a copy of which has been filed as Annexure-1 to the writ petition by which the State Government has taken a decision that 85 per cent seats of the professional courses shall be filled up by 'Single Window System' appointed by an agency authorised by State Government. Rest of 15 per cent seats have been left over to be filled up by the Committee of Management in accordance with the provision which has been duly approved by the University concerned to whom the said College has been affiliated. This system has been made applicable to the un-aided professional Colleges. So far as minorities institutions are concerned, the quota of management has been extended to 50 per cent subject to fulfilment of other conditions provided by...
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