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Shankari Devi (Smt.) Vs. District Judge and ors.

Court : Uttaranchal

Reported in : 2005(1)ARC92

..... this authority was in respect of the central provinces and berar letting of houses and rent control order, 1949, whereunder also the landlord was obliged to intimate a vacancy to the deputy commissioner of the district and the deputy commissioner could allot or direct ..... observations of the allahabad high court is quoted below:'the landlord filed application under section 21 (1) (a) of the act on 22.1.1994 alleging that he was landlord of the accommodation in question. ..... was held that in the absence of any mandatory provision obliging eviction in case of contravention of the provisions of the act the lease would not be void and the parties would be bound, as between themselves, to observe the conditions of ..... it has come in the application under section 21 (1) (a) of the act that the tenant had already taken alternative shop in the main market within the municipal limits of nagar ..... in view of the aforesaid proposition of law, application under section 21 (1) (a) is fully maintainable and the learned prescribed authority as well as the appellate authority have wrongly rejected ..... otherwise also, it is most respectfully pointed out that the statement of law contained in the said observation is, perhaps, in conflict with the law declared in the decisions of the hon'ble supreme court in wasman shriniwas kini ..... xiii of 1972 within a period of six weeks from the date of filing of the certified copy of ..... for ejectment of trespasser to get back possession from a trespasser could always be filed. .....

Ramesh Chandra (Sri) and anr. Vs. Ist Additional District Judge and or ...

Court : Uttaranchal

Reported in : 2005(1)ARC812

..... in exercise of the powers conferred by section 3 of the cantonment (extension of rent control laws) act, 1957 and in suppression of the notification dated 1.9.1973 (sro 259) central government through notification sro 47 dated 17.2.1982 extended to all the cantonments in the state of ..... the words 'town committee' the words 'or cantonment board' shall be inserted,(4) in section 7, after the words 'united provinces town areas act, 1914, the words 'or in section 60 of the cantonment act, 1924' shall be inserted;(5) in section 12, in sub-section (3), after the words 'municipality' the word 'cantonment', shall be inserted;(6) section 14 shall be omitted,(7) in section 20, in sub-section (4), in the proviso, after the word 'municipality', the word 'cantonment' shall be inserted;(8) in section 21, in sub-section (1), in clause (i) of the explanation after the word 'municipality', the word 'cantonment ..... not for the high court in exercise of its jurisdiction under article 226 of the constitution reappraise the evidence and coma to it won conclusion which may be different from that reached by the district judge or the prescribed authority. ..... availability of another suitable accommodation to the tenant, waters down the weight attached 'to the longer period of tenancy as a factor to be considered as provided under clause (a) of sub-rule (2) of ..... under the public health act, 1875 'house' was not limited to an ordinary dwelling house and included a day school having no borders and where none of the .....

Ahmad Sayeed Vs. District Judge and ors.

Court : Uttaranchal

Reported in : 2005(1)ARC730

..... this authority was in respect of the central provinces and berar letting of houses and rent control order, 1949, whereunder also the landlord was obliged to intimate a vacancy to the deputy commissioner of the district and the deputy commissioner could allot or direct the ..... 35,000/- was also taken and he has started the work of wooden articles and from the own residential place, he is doing the business and he has no other place to display. ..... when a subordinate court has assumed a jurisdiction which it does not have or has failed to exercise a jurisdiction which it does have or the jurisdiction though available is being exercised by the court in a manner not permitted by law and failure of justice or grave injustice has occasioned thereby, the high court may step into exercise its supervisory jurisdiction. ..... the relevant observations of the allahabad high court in the case of shankar lal khandelwal (supra) is quoted below:-'the landlord filed application under section 21 (1) (a) of the act on 22.1.1994 alleging that he was landlord of the accommodation in question. ..... ''be it a writ of certiorari or the exercise of supervisory jurisdiction, none is available to correct mere errors of fact or of law unless the following requirement are satisfied: (i) the error is manifest and apparent on, the face of the proceedings such as when it is based on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby. .....

Dr. Ved Prakash Tyagi Vs. Union of India and Others

Court : Uttaranchal

..... restoration of name in state register any person whose name has been removed from a state register on any ground other than that he is not possessed of the requisite medical qualification or where any application by the said persons for restoration of his name to the state register of indian medicine has been rejected, may file an appeal to the central government under section-section (2) of section 27 of the act, in form d and every such appeal so filed shall be accompanied by a fee of rupees twenty ..... removal of names from the central register of indian medicine (1) if the name of any person enrolled on a state register of indian medicine is removed therefrom in pursuance of any power conferred by or under any law relating to registration of practitioners of indian medicine for the time being in force in any state, the central council shall direct the removal of the name of such person from the central register of indian medicine.? 8. ..... the petitioner moved an appeal against the said orders before the state government under section 43 of the united provinces indian medicine act, 1939 (hereinafter referred to state act?). ..... clear opinion of this court that the petitioner has a statutory remedy, the proper course would always be that the petitioner must exhaust that remedy before he invokes the writ jurisdiction of this court under article 226 of the constitution of india. .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... of the state legislature and is fully covered by entry 8 read with entry 6 of list ii, it is not necessary for us to deal with the arguments based upon clause (3) of article 246 of the constitution except to say the following: once the impugned enactment is within the four corners of entry 8 read with entry 6, no central law whether made with reference to an entry in list i or with reference to an entry in list iii can affect the validity of such state enactment. ..... with the matter, was required to examine another contention advanced at the hands of the petitioner company, namely, that since 'direct-to-home' (dth) service was amenable to service tax at the hands of the central government under entry 92c of the union list, contained in the seventh schedule of the constitution of india, the uttarakhand legislature had no power to levy any further tax on the same activity of the petitioner company ..... thereafter, under section 4-a of that act, inserted by the west bengal taxation laws (second amendment) act, 1983 the area of its application was extended to levy and collection of tax from the holders of video ..... subject to the provisions of entry 34 of list i; encumbered and attached estates.23. ..... list ii of schedule vii thus avoid overlapping powers of taxation and proceed on the basis of allocating adequate sources of taxation for the federation and the provinces, with the result that few problems of conflicting or competing taxing powers have arisen under the government of india act, 1935. .....

Shri Mahendra Lal Jaini (Since Deceased Jinendra Lal Jain, Gyanendra K ...

Court : Uttaranchal

..... , however, that the learned counsel for the respondents has stated before us that if a claim is made even now under chapter ii by the petitioner within thirty days of our judgment, even though it may be time barred as from the date of proclamation issued under section 6, the forest settlement officer will entertain it and consider the claim as required under chapter ii. ..... even before that article 31(2) was amended by the parliament by the constitution (4th amendment) act of 1955, and new clause 2a was inserted which provided that 'no property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for compensation for the property so acquired or requisitioned and either fixes the amount of compensation or specifies the principles on which and the manner in which, the compensation is to be determined and given; and ..... 12 of 1972) is being reproduced below:in pursuance of the resolution of the united provinces legislative assembly recorded on the 8th day of august, 1946, accepting the principle of the abolition of the zamindari system, the uttar pradesh zamindari abolition and land reforms act, 1950 was enacted on the 26th day of january, 1951, but soon there after certain intermediaries challenged the validity of the above enactment in the high court and after the dismissal of their ..... re-organization act, 2000 (central act no. .....

Unique Engineering Works Vs. Union of India (Uoi) and ors.

Court : Uttaranchal

Reported in : II(2004)BC241

..... conferred on the banks and financial institutions;(f) declaration of any securitisation company or reconstruction company registered with the reserve bank of india as a public financial institution for the purpose of section 4a of the companies act, 1956;(g) defining 'security interest' as any type of security including mortgage and change on immovable properties given for due repayment of any financial assistance given by any bank or ..... section 13(4) of the impugned npa act, 2002 is bad in law and violative of rules of natural justice and it also violates petitioner's fundamental rights under article 14 and article ..... as non-performing asset in accordance with the directions given or under guidelines issued by the reserve bank of india from time-to-time;(i) the rights of a secured creditor to be exercised by one or more of its officers authorised in this behalf in accordance with the rules made by the central government;(j) an appeal against the action of any bank or financial institution to the concerned debt recovery tribunal and ..... ) under the drt act, 1993, under which, there were ample powers given to the tribunal to attach and manage the assets of the borrower given as security pending hearing and final disposal of the suit/petition, whereas under the present act, 2002, once an asset is certified as non-performing asset, then the bank/financial institution can straightaway invoke provisions of section 13(2) under which notice ..... are exempted from the provisions of the impugned npa act .....

State of Uttaranchal Vs. Labour Court and anr.

Court : Uttaranchal

Reported in : [2004(101)FLR133]; (2004)2UPLBEC55

..... (v) research institutes, (vi) charitable projects, and (vii) others kindred adventures, if they fulfill the triple tests listed in i (supra), cannot be exempted from the scope of section 2(j)(b) a restricted category of professions, clubs, co-operatives and even gurukulas and little research labs, may be qualify for exemption if, in simple ventures, substantially and, going by the dominant nature criterion, substantively, no employees are entertained buy in minimal matters, marginal employees are hired ..... cause, such as lawyers volunteering to run a free legal services clinic or doctors serving in their spare hours in free medical center or ashramites working at the binding of the holiness, divinity or like central personality, and the services are supplied free or at nominal cost and those who serve are not engaged for remuneration or on the basis of master and servant relationship, the institution is not an industry even ..... such passing-phase projects or schemes were to become a liability on the employer state by too liberally interpreting the labour laws in favour of the workmen, then the same may well act as a disincentive to the state for floating such schemes and the state may opt to keep away from initiating such schemes and projects even in times of dire need, because it may feel that by opening the gates ..... are findings of fact and this court, therefore, in exercise of powers under article 226 of the constitution of india declines to interfere with the findings recorded by .....