Court : Allahabad
Reported in : AIR2010All3; 2010(1)AWC51
..... a secured creditor under section 2(zd) is defined to mean any bank or financial institution or any consortium or group of banks or financial institutions and includes- (i) debenture trustee appointed by any bank or financial institution; or (ii) securitisation company or reconstruction company, whether acting as such or managing a trust set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or (iii) any other trustee holding securities on behalf of a bank or financial institution, in whose favour security interest is ..... , the petitioners have raised question of applicability of the provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (in short the act of 2002) for securitising the mortgaged assets secured for recovery of the financial assistance given by indiabulls housing finance limited (in short, ihfl) prior to the notification dated 19.9.2007 by the central government issued declaring ihfl a 'financial institution' under sub clause (iv) of clause (m) of sub-section (1) of section 2 of the ..... conferred by the present agreement, also have right conferred to secured creditors under any law for the time being in force but not limited to securities and reconstructions of financial asset and enforcement of security interest act, amendment or re-enactment thereof. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2257
..... the state election commission, by its letter dated 8.8.2005, issued a clarification to all the district magistrates that the disqualification under section 11e of the act, does not allow persons holding the offices given under section he to contest the elections, and if their nominations have been accepted earlier, they shall be treated to be rejected ..... the petitioner neither pleaded this fact nor amended the election petition or filed replication giving the date of his resignation ..... the meanwhile, the district magistrate made a temporary arrangement under section 12j(2) of the act by nominating one shri lal bihari pandey to officiate as pradhan of the village. ..... rule 4 of these rules provides that subject to the provision of the act and the rules every election petition shall be tried by the sub-divisional officer as nearly as may be in accordance with the procedure applicable under the code of civil procedure, 1908 for the trial of the ..... the court has, by its order dated 15.11.2007, stayed the fresh elections of the pradhan till the next date of listing ..... the election petition was allowed and the elections were set aside by the sub-divisional magistrate, rudrapur on 9.8.2007, with the directions to hold fresh elections. ..... the consequential orders dated 2.11.2007 and 13.11.2007 in writ petition no. ..... of 2008 and 51042 of 2007 are allowed. ..... 2 dated 8.9.2007 are set aside ..... 1 dated 4.10.2007, and the respondent ..... interim order was extended on 20.12.2007. ..... of 2007. ..... deoria, on october 4, 2007.3. .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(119)FLR492]
..... by confirmation in the same or any other post shall qualify except-(i) periods of temporary or officiating service in non-pensionable establishment;(ii) periods of service in work-charged establishment; and(iii) periods of service in a post paid form contingencies,(the amendment takes effect from april 20, 1977)note: if service rendered in a non-pensionable establishment, work-charged establishment or in a post paid form contingencies, falls between two periods of temporary service in a pensionable establishment or between periods of temporary service ..... (950) of 2007 has been filed against the judgement and order passed by the learned single judge dated 19th may, 2006, whereby writ petition no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2010(1)AWC525
..... the interim injunction in passing off action is permissible in the light of section 27 of trade marks act, 1999 in case the plaintiff can show prima facie case that it was prior user of its mark and balance of convenience was in favour of the plaintiff/respondent. ..... castings, forgings, electrical components, data on recording discs, auto components, components of arms and ammunitions and its services provided for after sales services for the past over 20 years. ..... moreover, court has not enquired from the plaintiff/respondent whether the logo is registered under section 9 of the trade marks act, 1999 with the generic words 'lohia group' or not. ..... : 2006 (8) scc 726 : jt 2006 (8) sc 393 : 2007 (1) awc 621 (sc), where we find the essence of passing of action, which are as follows:88. ..... if we go through section 29 of the trade marks act, 1999, we shall be able to find that infringement of registered trade mark is punishable upon the facts situation that in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in ..... where the mark is deceptively similar to recognize non-propriety name or generic name, the mark may come within the prohibition of section 9 of the act. ..... the action for infringement is a statutory remedy conferred on the registered proprietor of a registered trade mark for the vindication of 'the exclusive right to the use of the trade mark in relation to those goods' (vide section 21 of the act). .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC4127
..... in that very case where it was held that when the executive committee of a college registered under registration of the co-operative societies act and affiliated to a university is not a statutory body and without the approval of the vice-chancellor as required under section 25c(2) of agra university act, the services of the plaintiff as principal of the college terminated on the ground that he is habitually and perpetually absent from his duties without permission does not fall within ..... ...we have noticed with distress that despite amendment, the provisions of section 100 of the code have been liberally construed and generously applied by some judges of the high courts with the result that objective intended to be achieved by the amendment of section 100 appears to have been frustrated. ..... even before the amendment of section 100 of the code, the concurrent finding of facts could not be disturbed in the second appeal. ..... the suit was also barred by section 14 of the specific relief act and consequently, he was entitled for declaration whatsoever.7. ..... the order dated 4.5.2007 dismissing the appeal has been recalled by this court vide order dated 4.8.2008. ..... the instant appeal was dismissed is default by this court vide order dated 4.5.2007. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC529
..... the exercise of power under rule 176-a is for carrying out the purpose of the act which rule has been framed under section 230 for carrying out the provisions of chapter ..... submitted that in view of the proviso to rule 176-a of the rules, the asami lease should not be for more than five years, after its amendment in the year 1975. ..... after the amendment of rule 176-a of the rules and in view of proviso, the asami lease can not be for more than ..... 76 of 2007-08 under section 333 of the act, which has been dismissed by the ..... sub divisional magistrate vide order dated 22.11.2007 rejected the objection of the petitioner on the ground that nazar hasan died, therefore, the allotment automatically come to ..... five years had expired, the lease could not be extended and even under section 176(2) of the act, it could not be determined in favour of the petitioner. ..... the land for public use under section 132 of the act on which no bhumidhar right can be given. ..... there being no provision in the act and rules for automatic determination or extinction of the right for determining the rights a decision has to ..... from the provisions of the act and the rules, it is clear that prior to rule 176-a there was no provision in the rules for determining ..... question of inheritance of lease hold right by the petitioner being married sister under section 171(2)(i) of the act does not arise. ..... there is no provision in the act or the rules that after expiry of the period of lease, leases shall automatically stand determined and .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC759
..... the deduction can be made where the land is acquired for residential and commercial purpose with regard to roads and civic amenities, expenses of development of the sites by laying out roads, drains, sewers, water and electricity lines, and the interest on the outlays for the period of deferment of the realization of the price, the profits on the venture etc. ..... according to us, for the purpose of fixation of the value of the acquired land, the date of notification under section 4 of the land acquisition act, is the appropriate date, therefore, under no circumstance the sale deed dated 19th july, 1988 can be construed as exemplar sale deed. ..... see the decisions in 2007 (7) adj 595 (db) (national thermal power corporation, vidyut nagar, ghaziabad v. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC686
..... the petitioner, being aggrieved by this order, filed an amendment application, which was allowed, and an additional prayer was made for quashing of this order dated 26th august, 2006 on the ground that the petitioner was receiving a higher pay-scale and was entitled to be ..... the respondents in their supplementary counter affidavit dated 29th march, 2007, admitted that the regularisation of the petitioner on the post of operator is on a lower pay-scale than what the petitioner is drawing as on date, and that, the question of protection of his last pay-scale can only be considered by ..... the irrigation department, which is part and parcel of the state machinery, is required to act as a model employer, and is not required to adopt an unfair labour practice. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC961
..... -respondent, however, contended that in view of the government order dated 17.3.1994, all the rules applicable to corresponding government servants have been applied to the employees of district rural development agency and, therefore, after the amendment of fundamental rule 58, when the age of retirement was extended from 58 years to 60 years, the petitioner-respondent was also entitled to continue till the age of 60 years and for this reason, the hon'ble ..... to the court to grant all reliefs permissible in law, when the writ petition is finally decided and, therefore, we are of the view that the order impugned, insofar as it has stayed the retirement notice dated 10.7.2007 and further permitted the petitioner to continue till he attains the age of 60 years unless the order or decision dated 20.6.2006 is modified, cannot sustained.8. ..... this court while passing interim order has to adjust the interest and equity in favour of both the parties, since it is a settled law that the act of the court shall prejudice none.further before passing an interim order in favour of the petitioner, the relevant considerations like prima facie case, balance of convenience and irreparable loss have to be considered.in morgan stanley mutual ..... it is contended that the writ petition was filed by the petitioner-respondent challenging notice dated 10.7.2007, whereby he was informed of his date of retirement on attaining the age of 58 years though he was entitled to continue till he attains the age of 60 .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(1)AWC963
..... issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to regularise the petitioner on the post of line man in the electricity department.2. ..... been made in contravention of the statutory rules...regularisation, in our considered opinion, is not and cannot be the mode of recruitment by any 'state' within the meaning of article 12 of the constitution of india or any body or authority governed by a statutory act or the rules framed thereunder. ..... ratification or regularization is possible of the act which is within the power and province of the authority but there has been some non-compliance with procedure or manner which does not go to the root of the appointment regularisation cannot be said to be a mode of recruitment. ..... om prakash dube : (2007)illj1026sc .9. .....
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