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Judgment Search Results Home > Cases Phrase: durgapur municipal corporation act 1994 Court: allahabad Page 4 of about 285 results (0.067 seconds)

Dec 16 2004 (HC)

Kedar Nath Vs. Director General, Prantiya Rakshak Dal/Vikas Dal Avam Y ...

Court : Allahabad

Reported in : 2005(1)ESC704

..... to the scheduled castes, scheduled tribes, other backward classes and other categories, shall be made in accordance with the uttar pradesh public service (reservation for scheduled caste, scheduled tribes and other backward classes) act, 1994 and the uttar pradesh public services (reservation for physically handicapped. ..... delhi state mineral development corporation, (1990) 1 scc 361 the learned counsel for the petitioner has submitted that the writ petitioners were having relevant educational qualification and were serving for long period with artificial breaks in service, ..... delhi state mineral development corporation, 1990 (1) scc 361; bharat petroleum management v. ..... the purpose compatible with the constitutional provisions particularly those embodied in articles 14, 16, 38, 39, 41 and 43 of the constitution with particular reference to the doctrine of 'social justice' which the supreme court as expatiated upon in air india statutory corporation v. ..... dependents of freedom fighters and ex-servicemen) act, 1993, as amended from time to time, and orders of the government in force at the time of regularisation under these rules. .....

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Aug 04 2000 (HC)

Lakhan Singh Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2000(4)AWC2625; (2000)3UPLBEC2641

..... panchayat which had jurisdiction in the area of thenew district, shall be deemed to have been imposed, levied or granted by the new panchayat under and in accordance with the provisions of this act and shall until abolished, modified or changed, continue to be so realizable or effective ; and (ii) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued. ..... this, however, does not under any circumstances mean that where the plain and literal meaning that follows from a bare reading of the provisions of the act, rule or regulation is that it confers arbitrary, uncanallsed, unbridled, unrestricted power to terminate the services of a permanent employee without recording any reasons for the same and without adhering to the ..... --when the adhyaksha is unable to discharge his functions owing to absence, illness or any other cause, and the office of upadhyaksha is vacant or when the upadhyaksha acting under section 60 during a vacancy in the office of adhyaksha is unable to discharge his functions owing to absence, illness or any other cause, the state government may by order, make such arrangement, as it ..... to a khand or a district respectively means the date of constitution of the first kshettra panchayat for the khand or, as the case may be, the first zila panchayat for that district under this act as amended by the uttar pradesh panchayat laws (amendment) act, 1994. ..... be a body corporate (inserted by u. ..... transport corporation .....

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Jan 11 1995 (HC)

M/S. Miracle Sugar Factory, Village and Post Bhandsar and Another Vs. ...

Court : Allahabad

Reported in : AIR1995All231

..... similarly, in administrator, municipal corporation v. ..... against this order, the petitioners filed an appeal which was rejected on 1-8-1994 and against this order the petitioners had filed civil misc. ..... state sugar corporation ltd. ..... state sugar corporation. ..... this writ petition has been filed against the impugned orders dated 6-9-1994 and 14-11-1994 annexures 5 and 7 to the writ petition.2. ..... in the circumstances the impugned order dated 14-11-1994 is set aside and the matter is remanded to the appellate authority to reconsider and decide the petitioners' application for grant of licence in accordance with law and in the light of the observations made above within six ..... deepak mahajan, 1994 (3) scc 430 : (air 1994 sc 1775) 'are mechanical interpretation of the words andapplication of the legislative intent devoid of concept of purpose and object will render the legislation inane' ..... in the appellate order dated 14-11-1994 it has been stated that since the petitioners crusher for khandsari unit is proposed to be set up at a distance of 17 kms ..... they again applied for licence for the year 1994-95 on 6-7-1994 but this application too was rejected on 6-9-1994. ..... bhoodan yojna act would mean landless peasant, and not any landless person, as that was the legislative intent.9 ..... the purpose of the law provides a good guide to the interpretation of the meaning of the act'. ..... the modern positive approach is to have a purposeful construction that is to effectuate the object and purpose of the act.'7. in s. p. .....

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May 22 2003 (HC)

Mahadeo and ors. Vs. Kanhai Lal and ors.

Court : Allahabad

Reported in : 2003(4)AWC2765

..... 2002 (3) awc 1838 (sc) ; jt 2002 (4) sc 346, second appeal filed in high court along with an application under section 5 of limitation act, reasons stated for condonation of delay was that the municipal corporation had appointed an advocate to appear on its behalf, who failed to appear in the first appellate court when the appeal was heard, on account of some confusion in noting the date of hearing in the court ..... stated above, i am of the view that there is no reason to doubt that the appellants came to know about the dismissal of appeal on 16.2.1994, when the respondent decree holder along with amin and peon of the court went to his residence and had asked to vacate the premises in dispute. ..... in the affidavit filed along with the application under section 5 for condonation of delay, it had been averred that on 16.2.1994 when the respondent decree holder came to the appellants, he along with amin and peon then the appellants came to know about ..... also been alleged that inspite of great effort, the file could not be made available and therefore, on 24.3.1994, the appellants have also filed a complaint to the district judge and requested for issuance of direction to search ..... in an affidavit, filed in support of the application for condonation of delay, it was averred in paragraph 9 onwards that on 16/17.2.1994, the decree holder along with the peon of the court came to the appellant residence and stated to evict the house, otherwise, the house hold articles would be drawn out .....

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Apr 12 2001 (HC)

Naimullah Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : 2001(4)AWC2517; (2001)3UPLBEC2594

..... it also took notice of the certificate issued by the municipal corporation, according to which a male child was born to the petitioner's father on 1.7.1942, as well as the certificate issued by the chief medical ..... in reply to the said objection, the petitioner submitted before the public services tribunal that the government counsel admitted beforethe tribunal on 10.11.1994, the file contained the orders of the chief minister and he himself pointed out the place where the orders were on the record, hence only thing which remained to be done by the secretary to the ..... the language is the medium of expressing the intention and the object that particular provision or the act seeks to achieve...........regardmust be had to the context, subject-matter and object of the statutory provision in question in determining whether the same is mandatory or directory............itis the duty of the court to try to gel at the real ..... the tribunal exercisesthe jurisdiction conferred by the statute, namely, the public services tribunal act, while hon'ble high court exercises extra-ordinary jurisdiction under article 226 of the constitution of india, so the tribunal could not issue directions to the government and it had to confine, itself, on the ..... the chief minister.in para 9 of the report, hon'ble supreme court expressed the view that the minister is no more than an adviser and that the head of the state, the governor or rajpramukh is to act with the aid and advice of his council of ministers. .....

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Dec 11 2003 (HC)

Pushpak Jyoti Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)1UPLBEC547

..... ac 179, the house of lords observed :'a functionary who has to decide an administrative matter of the nature involved in this case, can obtain the material on which he is to act in such manner as may be feasible and convenient, provided only that the affected party has a fair opportunity to correct or contradict any relevant and prejudicial material.'65. ..... jalgaon municipal council, air 1994 sc 988, are kept out of the lush field of administration policy except where the policy is inconsistent with the express or implied provision of a statute which creates the power to which the policy relates or where a decision made in purported exercise of power is such that a repository of the power acting reasonably and in good faith could not have ..... , jt 1994 (7) sc 551 (vide para 21), the supreme court observed :'however, we cannot lose sight of the fact that the corporation is an independent autonomous statutory body having its own constitution and rules to abide by and functions and obligations ..... the wisdom (or the lack of it) of the conduct of the corporation, the same cannot be assailed by making the corporation liable.'67. ..... indian oil corporation, 2002 (4) awc 3221, state of ..... haryana financial corporation and anr. ..... engineering corporation and ..... wednesbury corporation, 1947 (2) all er 680 :'it is true the discretion must be ..... for the courts or a third party to substitute its decision, however, more prudent, commercial or business like it may be, for the decision of the corporation. ..... corporation .....

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Feb 28 2003 (HC)

Azadi Bachao Andolan and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2003All290

..... gulab khan, air 1997 sc 152, the apex court directed ahmedabad municipal corporation to frame a scheme for providing housing accommodation to rural poor ..... learned counsel for the petitioners urged that these cases were decided before the amendment of the constitution by the constitution (44th amendment) act, 1978 which came into force with effect from 20-6-1979 by which article 31 of the constitution as well as article 19(1)(f) were omitted and article 300a was inserted ..... the contention was repelled with the following observation :--'the argument, however, is that the protection which the act enjoys is only to this extent that even though any of its provisions be in conflict with article 31(2) the act cannot be challenged on that ground; the protection does not however extend to other provisions of part iii of the ..... for dispensation or dislocation interest is payable under section 23(1-a) as additional amount and interest under sections 31 and 28 of the act to recompensate the loss of right to enjoyment of the property from the date of notification under section 23(1-a) and from the date ..... state of gujarat, (1978) 2 scc 373 : (air 1978 sc 515), the constitutional validity of section 4 of the land acquisition act was attacked on the ground that it was confiscatory in nature and it sought to deprive the appellants of their valuable lands thus violating their fundamental rights guaranteed ..... , air 1994 all 38, the validity of the act was challenged on the ground that it is violative of .....

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Oct 21 2011 (HC)

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... at this very stage, it is useful to quote the constitution of the authority as provided in section 4 (3) of the 1973 act which is to the following effect: (3) the authority in respect of a development area which includes whole or any part of a city as defined in the uttar pradesh municipal corporation act. ..... name of village date of notifications under sections 4 and 6 date of taking possession date of award nithari @ suthari 1/6/1976 28/10/1976 15/7/1978 16/9/1976 sadarpur 28/1/1994 10/11/1995 28/6/1999 23/10/2009 khoda 17/3/1988 11/7/1988 01/6/1989, 01/9/1995 12.7.1995, 15.3.1995 01/12/1991 sultanpur 10/2/1994 18/7/1994 24/8/1995 09/5/1997 sultanpur 06/12/1999 09/3/2000 14/12/2000 18/6/2005 chaura sadatpur 01/6/1976 16/9/1976 28/10/1976 25/9/1978 alaverdipur 21/3/1983 22/3/1983 learned counsel appearing for the state as well as the learned counsel appearing for the ..... and others) petitioners have challenged the notification dated 11.2.1994 issued under section 4 read with section 17(1) and 17(1-a) of the land acquisition act for acquiring the land situated in village sultanpur, pargana and tehsil dadri, district gautambudh ..... others) has been filed challenging the notification dated 28.1.1994 issued under section 4 read with section 17(1) and 17(4) of land acquisition act for acquisition 97.219 acres of land. ..... relates to village sultanpur in which notification under section 4 was issued on 10/2/1994 and notification under section 6 was issued on 18/7/1994 which has been challenged .....

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Jul 06 2007 (HC)

Sunil Kumar Srivastava S/O Sri Vijay Bahadur Srivastava and Anil Kumar ...

Court : Allahabad

Reported in : [2008(118)FLR629]

..... municipal corporation act the authorities of corporation/nagar nigam shall be guided by directions issued on the questions of policies given ..... . municipal corporation act and is directly under control ..... municipal corporations adhininiyam, 1959 the nagar swasthya adhikari being head of the health department was entitled to make appointment of the petitioners on ..... municipal corporations adhiniyam, 1959 (hereinafter referred to as the adhiniyam) ..... under the uttar pradesh state control over public corporation act, 1975 read with the provisions of sections 106, 107 , 108-a, 109, 112-a and ..... 4 of the counter affidavit filed by nagar nigam, varanasi it is averred that nagar nigam/nagar mahapalika does not act independently in the matter of creation or abolition of posts and for payment of salary thereon under the u.p. ..... inspector of schools, gorakhpur : 1994(2)karlj53 ; kamal kant gautam and ..... (b) prior to amendment dated 30.5.1994 the provision of section 107(5) (old) gave power of appointment to head of the department concerned in case the post carried an initial salary of ..... to be appointed by nagar swasthya adhikari on 18.12.1984 and 24.3.1988 respectively the provisions as existed on the dates of their appointment and prior to amendment dated 30.5.1994 are relevant. ..... to the mukhya nagar adhikari alone to make appointment after recommendation of selection committee constituted by the mukhya nagar adhikari, mukhya nagar lekhaparikshak and head of the department concerned as existed before 1994. .....

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Oct 08 2010 (HC)

Smt. Shobha Sharma and anr. Vs. State of U.P. and ors.

Court : Allahabad

..... nullify the effect of the decision, the state government introduced section 152a by amendment to the bombay provincial municipal corporation act the effect of which was to command the municipal corporation to refuse to refund the amount illegally collected despite the orders of this court and the high court. ..... down in paragraph 74: " in this connection, we may refer to a decision of this court in municipal corporation of the city of ahmedabad etc.v. ..... 1 scr 288.the facts in this case were that the high court as well as this court had held that property tax collected for certain years by the ahmedabad municipal corporation was illegal. ..... against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976 the effect of which was to deprive the employees of bonus payable to them in accordance with the terms of the settlement and the decision of the single judge of ..... the apex court reviewed earlier judgments on the subject of validation of statutes and laid down the tests in paragraph 36 on the basis of which the validity of a validating act has to be judged, which are to the following effect: "(i) whether legislature enacting the validating act has competence over the subject- matter; (ii) whether by validation, the legislature has removed the defect which the court had found in the previous law; and (iii ..... government order dated 1.10.1991 and 25.3.1994 were further issued for implementation of .....

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