Court : Allahabad
Reported in : 1996CriLJ1309
..... 1scr917 and administrator municipal corporation bilaspur v. ..... bombay municipal corporation : ..... the provisions of the code that the bail application is to be decided same day, has already been dealt with and it has been observed that the directions are issued under article 226 of the constitution to act in accordance with the provisions of section 437 of the code and in the event of any procedural difficulty the courts may take recourse of external aid so as to discover the object of legislature and the ..... court while sitting under article 226 of the constitution, cannot pass any direction as to in what way the magistrate should act, and how should he deal with the bail matter and whether he should concede to the request of the public prosecutor ..... becomes entitled to the benefit of sub-clause (1) of article 22 of the constitution and section 308 of the code and aforesaid requirements enunciated in sheela barse's case : 1983crilj642 (supra) and joginder kumar's case (1994 cri lj 1981 (sc)) (supra) in view of constitutional mandates of article 22 of the constitution and section 50 of the code must be observed.22. ..... state of punjab, (1994) 2 scc 569 (supra), is to provide more than enough safeguard that if contingencies appear so demanding, high courts may in exercise of powers under article 226 of the constitution, may ..... joginder kumar's case (1994 cri. ..... in the third report of national police commission, at page 32, which has been referred to in para 20 of the joginder kumar's case (1994 cri. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2001All235
..... in the year 1988-89, two sons of ashok chhabara took birth and the record of birth maintained by the municipal corporation indicates that their residence was shown in the tenanted accommodation (111a/214. ..... state of gujarat : air1986sc1620 : municipal corporation delhi v. ..... of his family building or otherwise acquiring in a vacant state or getting vacated another residential building in the same local area, whether that other building is built or acquired or got vacated before or after the date of commencement of the act, if the district magistrate is satisfied that the two buildings are occupied by the tenant and a member of his family separately, and that they are separate in messing, the district magistrate may re-allot the residential ..... clear that in spite of the fact that the tenanted accommodation has fallen vacant, the petitioner shall be entitled to move an application for fresh allotment in view of the proviso (b) to rule 10 (6) of the rules framed under the act and if the district magistrate is satisfied that the tenanted building as well as the other building in occupation of ashok chhabara are occupied separately and that there is separate messing,he may re-allot the building under the ..... divisional manager, life insurance corporation of india : (1994)illj597sc , that when a statute creates a legal fiction saying that something shall be deemed to have been done which in fact, in truth, has not been done, one is bidden to treat an imaginary state of affairs as real, he must .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778
..... ' [vide municipal corporation for city of pune v. ..... understanding of the home department under the ministry of home affairs (a wing of the government) and on the wake of the understanding as above and acting thereon would mean and imply that while the state legislature passed the act of 1994 but by reason of the provisions of a special statute, namely, the police act, read with the authorisation contained therein, to frame rules by way of executive orders, the government of uttar pradesh obviously did not in fact intend ..... the learned single judge of this court while deciding the case in indra bahadur singh (supra), dealt with the issue of fixing the maximum age limit by issuing government order under section 2 of the act, 1861 and also the applicability of rules, 1972 and also referred to the order dated 7th july, 1996 issued by the governor, which provided for exemption of the police services from the application of the ..... government service criteria for recruitment by promotion rules, 1994 had been framed under the proviso to article 309, it will override the orders passed under the police act in spite of the fact that the rule 3 thereof provided for overriding effect on all other laws. ..... government servants (criterion for recruitment by promotion) rules, 1994 framed under the proviso to article 309 of the constitution, held as not applicable as the field stood occupied by a government order dated 5.11.1965 issued under section 2 of the act, 1861. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC2939; (2003)2UPLBEC1573
..... orissa, air 1954 sc 400 and delhi municipal corporation v. ..... in the opinion of the authority ought to have been or ought to be provided or that any development of the land for which permission, approval or sanction had been obtained under this act or under any law in force before the coming into force of this act has not been carried out, it may after affording the owner of the land or the person providing or responsible for providing the amenity a reasonable opportunity to show cause, by order ..... we are also informed that more often than not when a person applies under section 15 of the act for sanction of a plan unless he gives some extraneous consideration to the concerned officials, the application is kept pending for a long time giving rise to unnecessary hardship to ..... one has to pay a hefty sum of money to the municipality or development authority officials if one wishes to get a map sanctioned for constructing a building or room, and if one does not pay this amount, the map will not be sanctioned come ..... , drain and sewer are established by the municipality (now known as nagar-nigam), water supply arranged by the jal sansthan and electric supply given by the ..... the allahabad development authority, as well as other development authorities in the state, which have been constituted under the act have become agencies of harassment to the public instead of being agencies of service to the people.5. ..... , air 1994 sc 1349, (vide para 24) this does not mean that the police can arrest in every .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3374; (2000)3UPLBEC2544
..... the elections scheduled to be held with regard to municipal corporations governed by the u. ..... . municipal ..... for the purposes of a general or bye-election, direct a special revision of the electoral roll for any territorial constituency of a gram panchayat in such manner as it may think fit : provided that subject to the other provisions of this act, the electoral roll for the territorial constituency, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed.' 4. sub-section (10) of section ..... no correction, deletion or addition shall be made to an electoral roll after the last date for making nominations for an election in the gram panchayat and before the completion of that election, subsection (12) of section 9 of the act lays down in clear terms that no civil court shall have jurisdiction to entertain or adjudicate upon the question whether any person is or isnot entitled to be registered in an electoral roll or to question the legality of ..... p. panchayat raj (registration of electors) rules, 1994, show that the draft electoral roll has to be published and the electoral registration officer shall by beat ofdrum or by amplifier or any other convenient mode shall give ..... of electors) rules, 1994, which were ..... j. rao, air 1994 sc 2277, the appellant's election to the legislative assembly had been set aside by the high court on several grounds and one of the grounds was that names ..... . ..... .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All58
..... the cases of municipal corporation of delhi v ..... jain has also not put his claim and had very fairly contended that the right and claim of the petitioner is contemplated within the scope and ambit of the said agreement and the acts and the rules and regulations as referred to above and the petitioner expects the fulfilment, of its rights under the said agreement as are available within the scope and ambit of the provisions of ..... 685 of 1991, 380 of 1992, 490 of 1992, 514 of 1992, 255 of 1994, 409 of 1997, 411 of 1997, 680 of 1997, 43 of 1998 and original ..... 255 of 1994, filed on 31st may 1994, same relief was sought for through an injunction restraining the board from replacing the existing meter at the petitioner' premises till its correctness was tested at the national ..... 255 of 1994 seeking ad interim mandatory injunction directing the electricity board to remove all additional lines, meter and cables came up for consideration before the trial court and the trial court held that the board's action in installing separate line and feeder of 11 kv was contrary to the order dated 16-12-1994 and 7-3-1995 passed in ..... 1994, was thereafter, filed after about two years namely on 31-5-1994. ..... the said order dated 16-12-1994, passed in suit no. ..... 255/1994 'a mandatory injunction be issued in favour of the plaintiff against the defendant directing them not to visit plaintiffs factory at electricity connection of 940 kva of the energy meter installed therein by using police force contrary to law .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All86; 2005(1)AWC682
..... : [1999]3scr1066 , the supreme court has held that 'even in contractual matters the municipal corporation cannot act unreasonably or arbitrarily and there can be judicial review of its decision based on wednesbury unreasonableness ..... allot the flat/house to any of the member of the housing scheme sponsored by him, who owns a residential plot/house within the area of noida of municipal corporation of delhi/new delhi/ delhi cantt. ..... commissioner ulhanagar municipal corporation : air2000sc2272 ..... been said by this court in kasturi lal : [1980]3scr1338 :'it must follow as a necessary corollary from this proposition that the government cannot act in a manner which would benefit a private party at the cost of the state; such an action would be both unreasonable and contrary to ..... it is also contended that the noida has not contributed towards constructions and has not done any act except for sanctioning the building plans, and thus the direction to execute the tripartite deed by noida for sale of the superstructure of the residential units and sub lease deed for the ..... : (2004)3scc553 the supreme court observed (vide para 10) :'on a given set of facts if a state acts in an arbitrary manner even in a matter of contract, an aggrieved party can approach the court by way of writ under article ..... the constructions were complete in the year 1994 and were handed over to the members of the petitioners by ..... paying the instalments were allotted residential houses in the year 1994 and are residing therein. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2829
..... , municipal corporation of the city of ..... legislation to which the legislature plainly and expressly refused to give retrospectivity, because unlike united kingdom, india has a written constitution which confers justiciable fundamental rights and so that very refusal to make an act retrospective or the non-application of the act with reference to a date or to an event that took place before the enactment may, by itself, create an impermissible classification justifying the striking down of the non-retroactivity or non-application clause, ..... the uttar pradesh government issued several order(s) regarding conversion of lease hold/nazul land(s) into freehold land/s vide dated 23rd may, 1992, 2nd december, 1992, 3rd october, 1994, 17th february, 1998, 28th february, 1997, 26th september, 1997 and 1st december, 1998 including government order dated 10th may, 1995, which has a very important role ..... development authorities, housing and development department, nagar nigam, municipal board are controlling the development of a city. ..... chisti , it was held that the words 'on the date of commencement of this act' in relation to the pendency of the suit would mean the date when such ..... as a matter of public policy with a view to implement its object of ensuring the equality of status and opportunity which every welfare state, such as india, is by her constitution expected to do and no person can, by any act or conduct, relieve the state of the solemn obligation imposed on it by the constitution. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1050; [1999(81)FLR826]; (1999)IILLJ213All
..... judgment in case of municipal corporation of delhi (supra). ..... , 1974 (29) flr 56 (sc) and municipal corporation of delhi v. ..... petitioner has further submitted that as continuance of the workmen in the employment after 29th november, 1982, was a disputed fact, it was not open to the labour court in proceedings under section 33c(2) of the act directing payment of the subsistence allowance after the date of dismissal which was not challenged in appropriate proceedings. ..... the labour court heard the arguments of both the parties and passed order dated 18.5.1994 directing the petitioner to pay the amount indicated in the order to the five employees aggrieved by which this writ petition has ..... central inland water transport corporation ltd. ..... placed reliance in case of central inland water transport corporation ltd. v. ..... , aforesaid workmen filed applications under section 33c(2) of the act raising grievances that they were not being paid their subsistence ..... and 113 of 1986 under section 33c(2) of the industrial disputes act, 1947 (hereinafter referred to as 'act') were decided in favour of workmen. ..... have been filed challenging the order dated 18th may, 1994 passed by the labour court-ii, u. p. ..... 18th may, 1994, is quashed. ..... filed for setting aside the order passed ex parte which was also rejected on 17.2.1994. ..... has no jurisdiction to first decide the workmen's entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33c(2) of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(91)ECC333; 2005(184)ELT347(All)
..... municipal corporation of the ..... (104) elt 305, delhi high court considered the issue of dispensation of pre-deposit condition and the concept of undue hardship while considering the provisions of section 129e of the customs act, 1962 and section 35 of the act and held that the court while considering the case of the appellant should examine as to whether the appellate authority or tribunal have dealt with the plea raised by the appellant before ..... income tax officer, bareilly, 1971 sc 33, wherein the court observed as under:'if a statute invests a public officer with authority to do an act in a specified set of circumstances, it is imperative upon him to exercise his authority in a manner appropriate to the case when a party interested and having a right to apply moved in that behalf and circumstances for ..... statute in a public authority should be viewed as a trust coupled with duty to be exercised in larger public and social interest and no authority including the appropriate government can be permitted to act in a routine course to exercise its powers at its sweet will, pleasure and whim or fancy, for the reason that if any authority is permitted to act as it wants to, it will reduce the legislative will to a mere dead letter at the whim of such an authority.26. ..... collector, central excise, calcutta, 1994 (48) ecc 121 (sc) : 1994 (74) elt 22, wherein it was held that the provisions of the act mandate that a finding that the goods are marketable is a prerequisite or 'sine quo non' .....
Tag this Judgment!