Court : Allahabad
Reported in : AIR1984All188
..... while deciding the earlier writ petition no. 1054 of 1982, adopted this course and it bad directed the conservator to decide the question of extension in accordance with law and the directions contained in the judgment. the conservator of forest refused to grant ex-tension on extraneous considerations disregarding the directions of this ..... , 1982, addressed to the chief conservator of forest is set aside. the conservator of forest shall decide the application of the petitioners for extension expeditiously in accordance with law uninfluenced by the government order dated oct. 21, 1981, and the note dated september 1, 1981.'prior to the issue of the aforesaid ..... order dated may 19, 1983, quashed the order of the state government and directed the conservator of forest to decide the petitioners' application for extension in accordance with law uninfluenced by the government order dated october 21, 1981, and the note dated september 1, 1981. the conservator of forest thereupon considered the .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]130STC202(All)
..... to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.' 14. parliament enacted the central sales tax act, 1956 and section 3 thereof formulates principles for determining when a sale or purchase of goods takes place in the course ..... commission appointed by the ministry of finance, government of india, in april, 1953, under the chairmanship of dr. john mathai. in the course of its extensive analysis of the various systems of state and local taxes prevalent in the country, the commission dwelt at some length on the various state level taxes and ..... further, in the same entry 'including taxes on entertainment, amusement, betting and gambling 'also corelates with the entertainment, amusements or enjoyment. reliance was placed in re : central provinces and berar sales of motor spirit and lubricants taxation ac , on the following observations : 'similarly, item 50 (list ii) relates to taxes on luxuries. 'these .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1509
..... held that the court should not pass an order at the interim stage, which can be granted only at the time of disposal of the petition. (vide assistant collector of central excise, chandan nagar, west bengal v. dunlop india ltd. and ors. : 1985ecr4(sc) ; state of rajasthan and ors. v. swaika properties and anr. : [1985 ..... . the district judge, in our opinion, had no authority in law to give extension to the life of a list which not only, by operation of the rules but also by declaration of law, stood exhausted. the district judge, therefore, clearly tried to overreach the law and has acted malafidely by issuing such an order. the petitioners ..... , and the authority concerned become functus officio. any appointment made by him beyond that number, is without jurisdiction, therefore a nullity, inexecutable and unenforceable in law.24. in such an eventuality after issuing appointment letters to ten candidates, the select list/waiting list stood exhausted and could not have been used as perennial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All135
..... of socially and educationally backward class.32. in state of punjab v. hira lal : [1971]3scr267 it was held that article 16(1) is an extension of article 14. but the equality contemplated by this clause is not an embodied equality. it is subject to several exceptions and one of the exceptions is that ..... or sections are really entitled to get special relief and assistance.to that end, further investigation was obviously indicated. even so instructions were issued by the central govt. to the state government requesting them to render every possible assistance and to give all reasonable facilities to the people who came within the category ..... it was, however, held that the reservation made districtwise violated article 14 because there was no reasonable nexus between a districtwise classification and the admitted object of the law to secure the best candidates for admission to the medical college.21. rajendran's case : [1968]2scr786 and pariakaruppan's case : [1971]2scr430 , were distinguished .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All226
..... raised before us. it may only be observed here that the legislative power of the governor under article 213 to promulgate an ordinance is co-extensive with the power of the state legislature to make laws. the supreme court has said in r. k. garg v. union of india (air 1981 sc 2138 at p. 2145) (supra) ..... .'15. we also find that the constitution itself does not debar the making of nomination in the democratic institutions, which are constituted under it to run the central and the state governments. rather a survey leads one to hold that nomination forms integral part of constitution of high representative bodies. we may make a reference ..... exercise of or fraud on legislative power or more frightfully, fraud on the constitution, are expressions which merely mean that the legislature is incompetent to enact a particular law, although the label of competency is stuck on it and then it is colourable legislation..................'23. a full bench of the kerala high court in n. sriniswasan .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All362
..... under these articles being basic philosophy of secularism attempt should be made to give full play to it. its construction cannot be narrowed because of apprehension of its extension to any and every temple, the followers of which may claim it to be religious denomination. the wide sweep of the word, every religious denomination or ..... institution for purposes of any duty imposedby the act was struck down in shirur math case yet in durgah committee case the power to appoint nazim by central government was not declared invalid nor the appointment of district magistrate as chief executive officer in nathdwara temple was struck down. in fact in no case which ..... of the denomination and not a legislative enactment passed by a competent, legislature. in our opinion, this argument is wholly untenable. in the context, the law means a law passed by a competent legislature and article 26(d) provides that though the denomination has the right to administer its property, it must administer the property in .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1358
..... exceeding 15 days at a time.34. in reply, on behalf of the petitioner it has been contended by his learned counsel, that n.d.p.s. act being a central law and a special act, the provisions of section 36a will have overriding effect and section 96, bombay police act, 1951 would stand abrogated, meaning thereby, police remand could be ..... aforesaid has, however, been assailed by the learned counsel for the petitioner on the ground that apart from initial order of remand to custody being illegal, the alleged subsequent extension of remand to custody is also illegal, and as such there is no question of the mistake being rectified or the custody legalised at any subsequent time. in fact, ..... he says during the period from 3-12-1990 to 11-7-1991 there was no attempt of extension of remand whereas the alleged extension after 11-7-1991 is no order of remand in the eye of law. the petitioner seeks to derive support to his contention in this regard from ram narain singh v. state of delhi .....
Tag this Judgment!Court : Allahabad
Reported in : 1994CriLJ1919
..... far and wide and the judges must ever be vigilent to protect the citizen, the judges have a constructive role and, therefore, they must always use each extensive powers with due circumstances and self ordained restraint in the larger public interest. it may be added here that in all matters of offences, there is also another ..... damages in torts to decry it and and if justified, to compensate for it.13. in : 1985ecr4(sc) asstt. collector central excise v. dunlop india ltd. it has been observed that the law presumes that public authorities function properly and bona fide with due regard to the public interest, a court must be circumspect in granting ..... do not infringe the fundamental rights enshrined in the constitution and may be in future, not against the principles of human rights.'12. the reasonableness of the laws of preventive detention are to be weighed in scales different from those for providing the justice and infringement of rights. the principles of natural justice are already taken .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ1067
..... far and wide and the judges must ever be vigilent to protect the citizen, the judges have a constructive role and, therefore, they must always use such extensive powers with due circumspection and self ordained restraint in the larger public interest. it may be added here that in all matters of offences, there is also ..... or damages in torts to decry it and if justified, to compensate for it.24. in : 1985ecr4(sc) , asstt. collector central excise v. dunlop india ltd. it has been observed that the law presumes that public authorities function properly and bonafide with due regard to the public interest, a court must be circumspect in granting interim ..... , not infringing the fundamental rights enshrined in the constitution and may be in future, not against the principles of human rights.23. the reasonableness of the laws of preventive detention arc to be weighed in scales different from those for providing the justice and infringement of rights. the principles of natural justice are already .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)3UPLBEC2347
..... finally selected. sri baral was out to readily oblige sri khan, perhaps the former though that the latter may be in a position to help in getting extension in service. unfortunate-malady was not confined to jhansi centre only. the subsequent report dated 21.6.1997 submitted by sri kishore kunal recruitment centre. sri ..... included in the final list. they challenged the final list and the consequent appointments by way of writ petitions, which ultimately came to be transferred to the central administrative tribunal, allahabad bench, allahabad. the tribunal divided the appellant petitioners before it is nine categories while disposing of the petitioners. the supreme court took the ..... 226 of the constitution of india involving though familiar constitutional question based on articles 14 and 16, which are covered by the terse and emphatic enunciation of law by the apex court, the setting too is familiar as also the substitutions. for these reasons, a brief narration of facts and a common judgment .....
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