Court : Allahabad
Reported in : 2004(2)AWC1698; [2004]56SCL529(All)
..... 1990 (3) scc 682 and municipal corporation of delhi v. ..... for transfer and absorption of all the surplus staff in the existing and future vacancies in the running units, and has prayed that a scheme may be framed by this court directing the corporation to absorb the surplus staff, according to their seniority, in the vacancies which may arise in future in the running units. ..... all these writ petitions relate to the permanent and seasonal employees of the rampur unit of the corporation which was closed down in the second phase of closure, along with 5 other units by government order dated 12.11.1999 ..... and ors..these writ petitions have been filed by the employees of munderwa unit of the corporation at district basti which was closed down along with 5 other units by government order ..... p.this writ petition relates to permanent and seasonal employee of ghugli unit of the corporation at district maharajganj which was also closed in the second phase along with 5 other units by government ..... coming to the last question of petitioners' absorption as retrenched employees of the public corporation in any government service under the absorption rules of 1991, i find that those petitioners who were appointed prior to 1.10,1986, have a right to apply for retrenchment certificate and to claim appointment from ..... industrial disputes act, 1947 ; and(2) whether the petitioners have any right to be transferred/absorbed in the running units of the corporation in the existing and ..... , 1994 (1) awc 454, (1994) 1 .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3806; 2005(4)ESC2333
..... ulhasnagar municipal corporation and ..... petition that the clause relating to eligible villagers, whose land had been acquired by noida, does provide for eligibility of legal heirs under the provisions of sections 171 and 172 of the u.p.zalr act, we, further find that there is no change it all in terms for this category in the subsequent brochure in which the closure of the scheme was indicated as 18th december, 2004. ..... that in the counter affidavit filed on behalf of noida it has been averred that the state government by the notification dated 4th july, 2005 appointed a commission under section 3 of the commissions of enquiry act to look into and submit the report with regard to the various allegations of irregularities pointed out. ..... hon'ble supreme court while describing the grounds on which administrative action is subject to control by judicial review observed:-'doubtless, he who seeks to invalidate or nullify any act or order must establish the charge of bad faith, an abuse or a misuse by the authority of its powers. ..... that authority must genuinely address itself to the matter before it: it must not act under the dictation of another body or disable itself from exercising a discretion in ..... , : [1994]1scr857 the hon'ble supreme court observed:-'a court of equity, when exercising its equitable jurisdiction under article 226 of the constitution must so act as to prevent perpetration of a legal fraud and the courts are obliged to do justice by promotion of good faith, as far as it lies .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2078; (2002)3UPLBEC2463
..... delay was due to pendency of the case in courts and the employer was a municipal corporation whose funds were primarily meant for public benefit. ..... in municipal corporation of delhi (m.c.d.) ..... (2000) 10 scc 115, the supreme court has held that where termination of respondent's services declared invalid being violative of section 25f of the industrial dispute act, 1947 and keeping in view that the case dragged on for 33 years but neither of the contesting parties were at fault. ..... and equipment corporation of india limited ..... paul, (1999) 4 scc 759, when- the respondent, employee, in doing act prejudicial to the interests of the bank, or gross negligence involving or likely to involve the bank in serious loss even if the actual loss was not necessary to attract this clause ahead, enough to hold such employee, ..... textile corporation ltd. ..... bridge corporation ltd. ..... association with the government or any other employer, like instrumentalities of the government or statutory or autonomous corporations etc. ..... (2) awc 1579 (sc) : (1999) 2 uplbec 1280 (sc) : air 1999 sc 1416, the supreme court had held as follows :'............suspension notwithstanding non-payment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. ..... farnando, 1994 (2) scc 746 page 12, where it was held that justice must not only be done but must be seen to be done, therefore, the supreme court has directed that an another enquiry officer be appointed in order to remove ..... 1994 supp .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC157
..... municipal corporation of greater bombay and others, : [1992]2scr1 .these decisions are not required to be considered in detail as there is no quarrel with the principle of law as argued by the learned counsel for the opposite party nos. ..... another application was moved for return of the plaint under section 23 of the provincial small causes court act for the reason that the suit involved the question of title which could be decided by the regular court only. ..... , annexure-1 to the affidavit, that thereafter the applicant was impleaded in that suit ; that suit was returned by the order dated 29.11.1995 for presentation to proper court under section 23 of the provincial small causes court act for the reason that it involved the question of title. ..... this revision under section 25, provincial small causes court act has been preferred against the order, dated 6.8.2001 passed by the xviii additional district judge/small causes court, allahabad in suit no. ..... xlth additional district judge, meerut, 1994 (1) arc 280.3. ..... 399 of 1994, it was also observed 'in case the impleadment. ..... 399 of 1994, which was allowed by the district judge, allahabad on 1.2.1995 and the applicant was directed to be arrayed as defendant no. ..... 399 of 1994 :'..... ..... 399 of 1994. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)2UPLBEC1456
..... dealing with a similar situation the apex court in municipal corporation, bahadurgarh v. ..... out the meaning of 'misconduct' and the same is worth quoting as under :-'misconduct has been defined in black's law dictionary, sixth edition at page 999 thus : 'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, willful in character, improper or wrong behaviour, its synonyms are misdemeanour misdeed, misbehavious, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness'.misconduct in office has been defined : 'any ..... of public nature, the judgment are in rent and therefore, may be admissible but where the question of status of joint family or a suit for restitution of conjugal right, order in lunacy, judgment under section 42 of the specific relief act or declaration of a person to be a partner in a firm or proceedings of partition suit or in case of adoption, as the judgments are not public nature, the same are in personam and the judgments are not admissible if the parties are not the ..... samarendra kishore endow : (1994)illj872sc ; state of punjab v. ..... giriraj sharma : (1994)illj604sc ; bishan singh and ors. v. ..... upendra singh : (1994)illj808sc , the apex court held that even an officer, while discharging judicial or quasi-judicial duties, is amenable to the disciplinary proceedings into his conduct in discharge of the duty.14. .....
Tag this Judgment!Court : Allahabad
Reported in : [2000]243ITR127(All); [2000]109TAXMAN455(All)
..... . gemini pictures circuit private limited : [1996]220itr43(sc) , in which a piece of land situated on the busiest road within the limits of municipal corporation and was registered as urban land in the municipal records and surrounded by commercial buildings and neither seller nor purchaser thereof considering it as agricultural land could not be treated as agricultural land merely because vegetables ..... the appellants, yet their intention is clear from the fact of their application for permission to sell it for a non-agricultural purpose under section 63 of the bombay tenancy and agricultural lands act.we are, therefore, of the opinion that the high court was right in holding that the said land was not an agricultural land at the time of its sale and that the ..... sell the land for housing purposes, the applying and obtaining the permission to sell the land for non-agricultural purposes under section 63 of the bombay tenancy and agricultural lands act and its sale soon thereafter and the fact that the land was not cultivated for a period of four years prior to its sale coupled with its location, and ..... penalty under section 18(1)(c) of the act has been levied for the two years, a common order dated october 10, 1994, passed by the commissioner of wealth-tax, meerut, whereby the petitioner's revision petitions against the assessment orders moved under section 25 of the act have been partly allowed, and, the assessment orders dated march 29, 1994, for the two years, respectively. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ3318
..... air 1980 sc 126) and municipal corporation of delhi's case (air 1980 sc 360) are concerned, the offence was committed prior to the coming in forge of the amendment by amending act 34 of 1976 and proviso to sub-section (i) of section 16 clothed the court with powers to award lesser sentence of fine in special circumstances which is not the case after amendment in the provisions of the act by the amending act 34 of 1976 and now ..... municipal corporation ..... municipal corporation ..... a question was specifically raised in nand lal's case (1992 (1) rec cri r 82) (supra) relied upon by the learned counsel for the revisionist which was followed in ishwar singh's case (1994 (1) rec cri r 161) as wellas des raj's case referred to above and it was hejd that in view of the facts and circumstances of, the case and the fact that the petitioner ..... did not sell the milk, copy of the report of the public analyst along with notice was not sent to him as required under section 13(3) of the act and he was got falsely implicated by one yaqoob of his village.5.the trial court did not find substance in the defence plea and, therefore, convicted and sentenced ..... that lenient view may be taken in the matter of award of sentence after lapse of about 14 years after the commission of the offence on the ground that the amending act 34 of 1976 provided minimum sentence and the courts below imposed minimum sentence provided by law and therefore there was no scope warranting interference. ..... state of haryana (1994) 1 rec cri .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC342; 2005(1)ESC307
..... dharam bir, (1998) 6 scc 165 ; municipal corporation, bilaspur and anr. v. ..... even if the state has the discretionary power to issue executive instructions, such discretion is coupled with the duty to act in a manner which will promote the object for which the power is conferred and also 'satisfy the mandatory requirement of the statute ..... it appears that the college authorities deliberately did not follow the procedure laid down in section 10 of the act for notifying the vacancies to the board so that it could continue to take work from teachers appointed by them on short-term ..... wherever the statutory provision is ignored, the court cannot become a silent spectator to such an illegal act, and it becomes the solemn duty of the court to deal with the persons violating the law with heavy ..... land development corporation and anr. ..... , air 1991 sc 537, the apex court held that every state act, in order to survive, must not be susceptible to vice of arbitrariness which is a crux of article 14 of the constitution and basis to the rule of law.20. in dr. ..... 2003 (3) sccd 1096 : air 2003 sc 2658 ; haryana tourism corporation ltd. v. ..... , air 1994 sc 1654, observed as under :'this being so those who come to be appointed by such arbitrary procedure can hardly complain if the termination of their appointment is equally arbitrary ..... , (1994) 1 scc 44, and held that 'the exercise of power should not be made against the spirit of the provisions of the statute, otherwise it would tend towards arbitrariness.'16 .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC400
..... municipal corporation of delhi ..... learned counsel appearing for the respondents that the selection board had not been constituted in accordance with the rules 1994 and the government order dated 27.2.1999 and instruction dated 13th march, 1999 issued by the police head quarters ..... the respondents had been fully aware of the promotion rules 1994 and the government orders dated 27.2.1999 and 13th march, ..... advent corporation ..... servant criterion for recruitment promotion rules, 1994 (hereinafter called the rules 1994) and the government order, dated 27.2. ..... a course of conduct inconsistent with the claim.....it implies positive acts, not merely silence or inaction such as involved in laches. ..... sc 425 ; maharashtra state road transport corporation v. ..... the employee had acted upon it and joined ..... state of j and k, (1994) 4 scc 422 ; rajendra ..... yogendra singh, 1994 (suppl) 2 scc 226, the hon'ble supreme court has held that the applicant must possess the requisite qualification as per the advertisement, even if the vacancies have arisen prior to the date ..... , (1994) 2 scc 630, has rejected a similar contention observing as under :'it is difficult to accept the contention of shri rao to adopt the chain system of recruitment by notifying each year's vacancies and for recruitment of the candidates ..... purpose of holding it/pt test consisted of eight members and one of them shri mujeebullah khan, reserve inspector, jhansi was not a gazetted officer, as required by the aforesaid government order and the rules, 1994. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All176
..... the puna municipal corporation and ors. ..... the housing board in whom the land ultimately stood vested and then stood transferred to the municipal corporation. ..... they furnish no prima facie right or title to the appellants to have perpetual injunction restraining the corporation from taking possession of the building the orders of eviction were passed by due process of law and had become final. ..... in this case, since the acquisition proceedings have become final, then necessarily possession has to taken by the corporation for the public purpose for which the acquisition was made. ..... as regards the issue as to whether the suit was barred by section 34 of the specific relief act; the trial court held that the suit was not so barred.20. ..... it is true that the appellants placed reliance in their plaint on resolutions passed by the municipality on 11 -11 -72 and 29-11 -72. ..... it is submitted that the courts below acted illegally in refusing to grant the said relief to smt. ..... section 41(i) of the specific relief act, 1963 also lays down as under:41. ..... 1994 by which date he had already been put in possession by the tehsildar under the panchnama dated july 22. ..... 1 used to grow vegetables; and that the plaintiff-appellant had never been in possession within limitation; and that the suit was barred by section 34 of the specific relief act.12. .....
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