Court : Allahabad
Reported in : 2007(2)AWC1638
..... the government order dated 25.5.1995 itself speaks about the renewal of lease granted under the said order, therefore, irrespective of fact that whether the lease of the petitioner could be renewed under rule 6a of 1963 rules or not, was liable to be renewed and has rightly been renewed by the state government in terms of the aforesaid government order, suffice it would be to mention that whole reading of the ..... feeble and half hearted attempt in his argument to bring initial grant of his lease within the scope of chapter ii of the rules of 1963 and on this premise he urged that since the initial grant of lease is referable to chapter ii, therefore, lease can very well be renewed ..... found that the provision for grant of lease of the newly discovered area by any person is not provided under the 1963 rules and therefore it has to be granted on following the principle of 'first come first serve' it establishes beyond doubt that this grant can in no way be referable to chapter ii of rules 1963 which do not contain any such criteria for the grant of lease.22. ..... statutory rule, any government order which militates against statutory provision and statutory rule providing grant of lease and renewal therefor cannot be made effective nor can be applied or acted upon as it would amount supersession of the statutory rules by a government order.31. ..... state government was of the view that there was no provision under the rules 1963, for granting lease, in respect of the area, which is newly discovered. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC551; [2002(93)FLR897]; (2002)1UPLBEC904
..... degree joined as medical officer in zila parlshad dispensary, etmadpur, district agra on 6.10.1963 on a substantive post, which was under the control of panchayat raj department, state of u. p.4. ..... the tribunal granted the petitioner benefit of seniority from 6.10.1963 and also promotion and interest as well as arrears.5. ..... however, the petitioner was denied benefit of his service in the panchayat raj department from 6.10.1963 to 23.12.1977. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC791; [2003(96)FLR1094]
..... state of punjab, air 1963 sc 531, is also relevant. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All290
..... there is no statutory provision or principle of natural justice which binds an examination committee acting as a quasi-judicial body to afford personal hearing to the candidate against whom action is proposed to be taken for use of unfair means at ..... of the supreme court decisions in the case of boar1d of high school and intermediate education, u. p. v. ..... as to the third requirement that the tribunalshould act in good faith, for reasons which i shall hereinafter state, there is not even an oblique imputation of lack of good faith against the vice-chancellor or the examination committee and there is not the ..... board of high school and intermediate education, ..... case of board of high school and intermediate education, u. p. ..... of bihar school examination board ..... makapur, (1963) 2 scr 943 = (air 1963 sc 375) again the supreme court emphasised that 'tribunals exercising quasi-judicial functions are not courts and that therefore they are not bound to follow the procedure prescribed for trial of ..... in that connection that to hold otherwise would be to make such decisions dependent upon a full-fledged judicial inquiry which would hold up the functioning of such autonomous bodies as universities and school boards.7. ..... bagleshwar prasad, (1963) 3 scr 767 - (air 1966 sc ..... he must be given an opportunity to make a representation and to explain the allegations made against him and to have his say in the matter; and (3) the authority conducting the proceedings must not be biased and should act in good faith. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All17
..... in its judgment, referred to the resolution dated 10th august, 1963, passed 'by the board of trustees authorising sri sheo prasad verma, honorary secretary, to take suitable action in regard to matters that may go up before the law courts about trust property. ..... zamindari abolition and land reforms act on the allegation that the land in dispute was the grove of the plaintiff. ..... zamindari abolition and land reforms act, the code of civil procedure applies to all proceedings under that act. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC38; (1998)3UPLBEC1748
..... jain was commissioned permanently in the army the corps of engineers with ante-dated seniority from 1.7.1963 and seconded to survey of india department in july, 1967 in accordance with the then existing recruitment rules, i.e. ..... it was contended that by not granting supernumerary promotions to the petitioners, the respondents acted contrary to the existing provision of safeguard in the 1989 rules and have also acted contrary to the directions given by the andhra pradesh high court.18. ..... however, if there is any case of wide disparity the affected officer(s) would be covered by creating supernumerary posts (and in addition by granting equivalent acting/substantive army ranks in case of defence officers). ..... be protected by the following provisions : (a) all those officers(defence/civil), who wouldhave got promotion on thebasis of the integratedseniority but who got leftout on account ofseparate seniority, wouldbe covered by creatingsupernumerary posts (andin addition by grantingequivalent acting/substantive army ranks incase of defence officers). ..... they also acted contrary to the articles 14 and 16 of the constitution. ..... 7, having his year of allotment as 1.7.1963. ..... 7, having his year of allotment as 1.7.1963. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC54
..... record maintained by the corporation ought to be 8.5.1946, which was the date of birth initially recorded at the time of his appointment and continued to be so for more than 30 years and was also the same as per the school leaving certificate and there was no occasion for the respondent-corporation to change the same without there being any cogent ground or reason for the same. ..... the controversy arose when in the service record of the petitioner his date of birth had been corrected by the respondent-corporation on 18.5.1998 to be 19 years as in the year 1963 which, according to the respondent-corporation, was recorded in the provident fund record maintained in the office of provident fund commissioner. ..... in response the general manager of the corporation issued the order dated 31.12.2003/1.1.2004 stating that since as per the record maintained by the provident fund commissioner, the date of birth of the petitioner was 19 years as on 31.10.1963, his retirement would be governed by the said date, which according to the respondents would be 30.10.2004. ..... in the said report it had been added that as per the report of the office of the provident fund commissioner in the column of date of birth, it had been mentioned as 19 years in 1963 and thus the same should be taken as the correct date of birth. ..... which is also the same as shown in the school leaving certificate, but in the end of the said report it has been stated that the provident fund record shows that he was 19 years in the year 1963. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)147CTR(All)210
..... learned standing counsel fairly conceded that at the relevant time there was no provision under the act or the rules framed thereunder which required the approval of the central government or for that matter, of any other authority, or production of an exemption certificate of the donee institution ..... query raised by us, neither the assessee nor the revenue could show us any provision under the it act, 1961 whereby an approval of the central government is required in respect of the deduction claimed under ..... to show that the sanction was accorded to the donee institution by the government of rajasthan, department of education, upto middle standard with permission to start class vi from july, 1962, class vii from july, 1963 and class viii from july, 1964, as recommended by the inspector of schools, jhunjhunu. ..... 80g of the act to the assessee in respect of the donation made by it to the said school and modify the assessment ..... any particular religious community or caste;(iv) the institution or fund maintains regular accounts of its receipts and expenditure; and(v) the institution or fund is either constituted as a public charitable trust or is registered under the societies registration act, 1860 (xxi of 1860), or under any law corresponding to that ..... the act in respect of the donation made to the said school. ..... 256 of the it act, 1961 (for short the act) :'whether, on the facts and in the circumstances of the case, the tribunal was justified in accepting the assessees claim for deduction .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All22
..... firm samiullah and sons (air 1963 all 320) wherein it was held that failure to attach a property before sale did not render the sale completely null and void. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC90
..... jangbahadur rai and others, air 1963 sc 1203, that the burden of proof proving the genuineness of the sale deed was on the defendants but in this case also as well as in the case of dudh nath a. .....
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