Court : Allahabad
Reported in : (2003)3UPLBEC2814
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. This writ petition has been filed challenging the validity and correctness of the award dated 17.3.1997 passed by the Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court, Kanpur Nagar in Industrial Dispute No. 170 of 1984 (hereinafter called as C.G.I.T.). The petitioner has prayed that compensation of Rs. Ten thousand awarded to him in lieu of reinstatement of service be enhanced to Rs. 2.5 lacs.3. The petitioner, who is an Ex-military person was appointed as Armed Guard on 15.1.1970 on temporary basis at Allahabad Branch of the State Bank of India and subsequently he was selected for the post of Armed Guard and was appointed on substantive basis on probation in the same branch on 9.7.1971. The contention of the petitioner is that he was charged of having submitted a fabricated and forged certificate on 9.7.1971 allegedly issued by the Principal, R.R.K. Secondary School, Dalipur,' Distric...
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC482
..... inspect the accounts and other matters relating to the business, to find out illegal money lending, carry out raids in suspicious cases and do regular inspection as provided in the act. the act serves a larger public interest.15. in the case of state of bihar and ors. v. shree baidyanath ayurved bhawan (p) ltd. and ors., : 2005(191)elt3 ..... , tenants, agricultural labourers and salaried workers who are unable to repay their loans. the object of the act is to control the money lending business and protect the debtors from the malpractices in the business by detecting illegal money lending. this exercise is a must to ..... of a fee provided the fee so charged is not excessive. it has further held that the fee charged in respect of renewal under the bombay money lenders act, 1946 is regulatory in nature to control and supervise the functioning of the money lending business to protect the debtors, the vast majority of which are poor peasants .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All8
..... sentence converts an information suggestion into a formal requisition under section 3 of the u. p. requisition of accommodation act (no. xxv of 1947). i do not think so. that section empowers the district magistrate to requisition any accommodation for any public purpose, but he has to ..... its tail. it said that if the petitioner did not make the house available within a week the bungalow would be requisitioned under the u. p. accommodation requisition act, 1947. i have to see whether this threat as the petitioners called it, have infringed any right of the petitioner, mr. ganesh prasad contended that this ..... . the letter concluded with the warning that if the petitioner failed to make it available within week 'it would be requisitioned under the u. p. accommodation requisition act, 1947 ass amended up to date'. 2. aggrieved by this letter the petitioner has come to this court for relief under article 226 ofthe constitution. however, he .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All79
..... auction. the bidders, feeling aggrieved by the decision of the collector, filed a revision before the chief controlling revenue authority under section 56(1) of the stamp act but the same was rejected on the ground that the chief controlling revenue authority had no jurisdiction to interfere under section 56(1) with the decision of the collector ..... under section 31 of the stamp act. the bidders thereafter filed a writ petition challenging the order of the board of revenue which was later on numbered as writ petition no. 3585 of 1967, ..... was also of the view that the chief controlling revenue authority was not competent to revise or confirm the decision of the collector under section 31 of the stamp act. but as this court had directed a reference to be, made under section 57(1), the document has been referred to this court for decision on the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All98
..... learned single judge, it was pressed before us, as well, on behalf of the applicant that after the commencement of the u. p. land reforms (amendment) act, 1958 (act no. xxxvii of 1958), no jurisdiction was at all left with the civil court to pass a final decree, and consequently the order passed by the ii additional district ..... words .'collector' or the 'the revenue court'. it may not be out of place to mention that -the expression 'revenue court' has been defined in the land revenue act, 1901, which definition reads as follows:' 'revenue court' means all or any of the following authorities (that is to say) the board and all members thereof, commissioners', ..... leaving any ambiguity in it therefore, the fact that the word 'collector' in section 182-b was substituted with the word 'court' therein, by the amending act of 1958, cannot be explained on any hypothesis except that the legislature desired that the work of actual division or separation of zamindari holdings should be made by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All84
..... formality.21. thus in view of the discussions made above we are of the considered opinion that the mandatory procedure provided in the statutory provisions of the act, regulations and the rules as well as fundamental principles of audi alteram partem have not been observed and followed in the same manner, therefore, at this ..... and the well settled principle of interpretation is that whenever the statute contains stringent provisions they must be literally and strictly construed so to promote the object of the act, (see a. madan mohan v. kalava-kunta chandrasekhara : [1984]2scr894 . therefore, considering the ratio laid down in the above referred case we are of ..... counsel for the petitioner submitted that impugned resolution, and judgment of the press council censuring the petitioner is against the statutory provisions contained in section 14 of the act, regulations 3 and 5 of the regulations and the principles of audi alteram partem i.e. no one can be condemned unheard on the other hand sri .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All92; (1995)2UPLBEC1060
..... that time. it is, however, noteworthy that the impugnedordinance has since been approved by the house in the form of up state universitie.5 (first amendment) act, 1994 (act 20 of 1994) and the same has been notified on 31-8-94, of which photocopy is annexed at annexure ii. in view of the aforesaid ..... management control and cleaning the way for develop-ment. 9. the difficulties in the rural life have abnormally increased because of the restrictions imposed by forest conservation act and restrictions relating to environment. the development programmes providing the basic facilities have stopped. for solution of the problems of unemployment, the legal bar for the ..... legislature of uttar pradesh have resolved to recognise the claim of statehood to the peoples of kumaon and garhwal. it was suggested that the federal government hereinafter act and take appropriate steps to formalise the grant of state autonomy to these regions. the text of this letter, from the chief secretary, uttar pradesh to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All169
..... operation.26. it is well settled that the- legislature is presumed to enact prospectively and not retrospectively. but equally there can be no presumption that an act is not intended to interfere with existing rights. equally it is well settled that where two interpretations are possible, a prospective construction ought to be given.27 ..... heard a rumour that the state government had requested the high court to recommend the names of suitable persons for appointment as additional government advocate at lucknow.acting on that rumour the petitioner interviewed the minister of justice and represented to him that the new rule could have no application to his case, and ..... in connection with the affairs of the union or any state. the said article runs as follows :'309. subject to the provision of this constitution, acts of the appropriate legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All137; [1950]18ITR928(All)
..... person & had, on previous occasions, also received registered letters addressed to his father. on those facts, the court held that the presumption under 8. 27, general clauses act, had not been rebutted. 8. our answer to the first question, therefore, is that, in the circumstances of the case, there was a valid service by post on ..... to receive the article according to the usual manner of delivering postal articles to the addressee is deemed to be delivery to the addressee under the post office act.'we have already said that the affidavit was rejected by the tribunal as unreliable and the presumption therefore remains unrebutted that the letter sent by registered poat ..... dismissal of the appeal for default, the assessee filed an application praying that certain questions of law be referred to this court under section 66 (1), income-tax act and, along with that application, an affidavit of shri h. d. srivastava was also filed in which he said tbat a notice was brought during the luncheon .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All202
..... before thesupreme court were that the additional collector, banaras, in exercise of the powers conferred on him under provisions of the u. p. agricultural income-tax act (act in of 1949), assessed the respondent to a certain amount as agricultural income-tax fop the year 1359 fasli. the respondent filed a petition in this ..... right was conferred upon any party to the proceedings under the u. p. agricultural income-tax act, 1948, wherein any assessment made by an additional collector or additional assistant collector was set aside merely on the ground that the assessing authority had no jurisdiction ..... on the 9th february, 1956, the state of uttar pradesh promulgated an ordinance, being ordinance no. ii of 1956, which was subsequently replaced by u. p. act no. xiv of 1956. under the provisions of the ordinance, the assessments made by the additional collector were retrospectively validated and, under section 6, therefore, a .....
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