Court : Allahabad
Decided on : Oct-03-2007
Reported in : 2008CriLJ1153
..... by the hon'ble apex court that the sanction to prosecute is necessary when act or omission for which public servant was charged had reasonable connection with discharge of his official duty. in that case complaint was against personnel of border security force alleging that illegal gratification of rs. 10,000/- was demanded from complainant and ..... protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. the policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted ..... passed. tehsildar seized and auctioned scooter of respondent when he was available with scooter in tehsil office, it was held by the court that the act of tehsildar was bonafide and initiation of prosecution by respondent against tehsildar for the offence under section 379 ipc was not maintainable in absence of .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-20-2007
Reported in : 2007(4)AWC4204
..... to allow him to participate in commando training.3. a perusal of the record reveals that the petitioner was selected for the post of constable in indo tibetan border police force in 1995 after going through several physical tests and other formalities. after selection the petitioner was directed by the head constable to fill up a recruitment form including ..... over and explained to him by the head constable.9. the learned counsel for the petitioner has relied upon a decision of this court rendered in qamrul hoda v. chief security commissioner, n.e. railway, gorakhpur (1997) 2 u.p.l.b.e.c. 1201.10. in paragraph 5 of the counter affidavit it is stated that the ..... in criminal case no. 203/92 under sections 323, 504, 427 i.p.c. read with section 13(i) of scheduled caste and scheduled tribes (atrocities) prevention act neither any process was issued nor the petitioner was ever summoned by the court nor the investigating officer came to his house in connection with investigation of the aforesaid case .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-16-2007
Reported in : (2008)1CompLJ178(All)
..... , 2006 and 15th may, 2007. the order has been passed under section 13(4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, from which alternative forum of appeal under section 17, before the debts recovery tribunal is available.2. learned counsel appearing for the writ petitioner ..... contended before this court that since the circular of reserve bank of india has mandatory effect, the bank is compelled to accept the same having its statutory force ..... conducted in a manner detrimental to the interests of the depositors or in a manner prejudicial to the interests of the banking company; or.(c ) to secure the proper management of any banking company generally. it is necessary to issue directions to banking companies generally or to any banking company in particular, it .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-2007
Reported in : 2008(1)AWC614
..... as any other mortgage except a mortgage by deposit of title deeds is required by section 59 of the transfer of property act, to be effected by a registered instrument if it secures an amount of more than rs. 100. no doubt the application of the provisions relating to simple mortgage contemplated in section 100 ..... of section 17 of the registration act, provides that the documents referred to in that subsection ..... mere charge or a security in any other form acceptable to the district judge.5. an examination of the provisions of the indian registration act and the transfer of property act would reveal that the contention of sri. r. n. singh, that a security bond creating a charge does not require registration has little force. sub-section (1) .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-11-2007
Reported in : 2007(4)AWC3181
..... 356(1) of the constitution of india which provides for exercise of emergency powers if the president of india is satisfied that a grave emergency exists threatening the security of india or any part thereof. the court held that the expression 'otherwise' means 'in a different way' and is of a very wide import and ..... the inquiry officer appointed under section 8(1) and hence he could not be asked to submit the comment on the said enquiry report, was without any force because it was merely a technical objection.(3) in respect of test conducted for the cpmt, the petitioner was held responsible accepting the finding recorded by the ..... : [1975]2scr674 , the supreme court observed that where government activity involves public element, the 'citizen has a right to gain equal treatment', and when 'the state acts to the prejudice of a person, it has to be supported by legality.' functioning of 'democratic form of government demands vequallty and absence of arbitrariness and discrimination.'30. .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-2007
Reported in : 2007(2)AWC1867
..... that in a case of death, the legal heirs of the deceased, on many occasions, are at a great disadvantage. the information of the material they secure may only point out in the case of composite negligence that the driver of one of the vehicles was only negligent and on that basis they may institute ..... as distinguished from law created by the enactment of legislatures, the common law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming ..... upon by the claims tribunal. the combined reading of sections 110 and 110f of the act makes it clear that subsequent to coming into force of the act, it is only the tribunals which are constituted under section 110 of the act, which are conferred with the jurisdiction of settling the disputes relating to claim for compensation .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-23-2007
Reported in : 2007(3)AWC2573
..... which, and if they have been executed on or after the date of which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely:(a) instruments of gift of immovable property;(b) other non - testamentary ..... registered, compulsorily. section 49 of the registration act, 1908, provides that no document required by section 17 to be registered shall be, received as evidence of any transaction affecting such property or conferring such power ..... that words : 'of the value of one hundred rupees and upwards' are omitted from the aforesaid section. as such, after 1.1.1977, vide u.p. act no. 57 of 1976, every instrument by which interest, whether vested or contingent, in the immovable property is created, declared, assigned or extinguished is required to be .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-06-2007
Reported in : 2007(4)AWC3209
..... likely to have adversaries. if complaints are entertained in trifling matters and if the high court encourages anonymous complaints, no judicial officer would feel secure and it would be difficult for him to discharge his duties in an honest and independent manner. it is imperative that the high court should ..... called the uttar pradesh government servants (disposal of representation against adverse annual confidential reports and allied matters) rules, 1995.(2) they shall come into force at once.(3) they shall apply to all government servants.2. overriding effect.--these rules shall have effect notwithstanding anything to the contrary contained in ..... would prove himself efficient officer, provided he controls his temptation for corruption. that would clearly indicate the fallibility of the petitioner, vis-avis the alleged acts of corruption. under these circumstances, it cannot be said that the remarks made in the confidential report are vague without any particulars and, therefore, cannot .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-06-2007
Reported in : (2007)7VST482(All)
..... round off: 0.23 total 82,762.00----------------------------------------------------------------------------------------------------------37. the definition of 'sale' has undergone a sea change after the coming into force of the 46th constitution amendment act. clause (29a) of article 366 of the constitution of india defines 'sale' to mean:366. (29a) 'tax on the ..... finalisarion of the prices, and will be added to the cost only from the point of view of calculation of statutory levies in force from time to time.17. assignment(i) the 'owner' shall have the right to assign its rights and liabilities under this ..... 76 0.00 86,580.96 68,394.72 13,853.00----------------------------------------------------------------------------------------------------------sales tax exempted under section 4a of u. p. trade tax act, 1948 vide certificate no. 3845 dated october 8, 1998-----------------------------------------------------------------total excise duty in words : thirteen thousand eight total 86/580.96 .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-14-2007
Reported in : III(2008)BC352; 2008CriLJ2172
..... has been filed for quashing the proceedings of criminal complaint case no. 1849 of 2004 saurabh srivastava v. anil kumar shukla) under section 138 of negotiable instruments act (hereinafter referred as an act), p.s. kotwali pending in the court of c.j.m., hamirpur.2. i have heard sri v.s. parmar, learned counsel for the applicant and ..... does not help the applicant. moreover this ruling is under the provisions of section 465 cr.p.c. the present case is covered by section 142 of the act which is a self contained section regarding the cognizance of the offence. section 142 excludes the applicability of criminal procedure code and the ruling as cited by the learned counsel ..... for the complainant does not help him.21. in a case under the act the cause of action can arise after the expiry of 15 days of the service of notice and section 142(b) specifically provides that the magistrate can take .....
Tag this Judgment!