Court : Allahabad
Decided on : Jul-28-2006
Reported in : 2007(1)AWC217
..... that even if the suit is filed by an unregistered partnership firm, against a third party and is treated to be in competent as per section 69, sub-section (2) of the partnership act, if pending the suit before a decree is obtained the plaintiff puts its house in order and gets itself registered the defect in the ..... impugned order cannot be sustained. the said argument has been proceeded on the assumption that the defendant applicants had obtained some advantage by making deposit under section 20 (4) of the act but in the opinion of the court by making the aforesaid deposit, the defendant applicants have not obtained any such advantage which may disentitle the plaintiffs ..... discretion while granting the permission and that there is no jurisdictional error in the order under revision. it was submitted that the deposit made under section 20 (4) of the act does not confer any right on the defendant-applicants and the defendant-applicants would not suffer any loss or in jury if the present suit is .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-31-2006
Reported in : [2006(111)FLR30]
..... once the disciplinary proceedings ensued.11. learned counsel for the respondent has argued that the petitioner belonged to a disciplined force and the act of desertion, which the petitioner was charged, was found proved against him by not one but by three authorities who gave him due opportunity of hearing and ..... the pendency of the disciplinary proceeding, he was granted a transfer to allahabad and was permitted to join on 13.12.01 from nagaland, which implied that his act of desertion was condoned by the authorities concerned. however, it is not denied by the learned counsel for the petitioner that the transfer order was subsequently cancelled ..... no. 900240065 ct (bug) bhanu pratap pandey of a 123 bn, crpf at dimapiir, nagaland committed an act of misconduct in the discharge of duties in his capacity as a member of the force under section 11(1) of crpf act, 1949 in that he deserted on 08.11.2001 at 18.30 hrs. without any permission leave from .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : Jul-31-2006
Reported in : II(2007)BC46
..... they got notice from the recovery officer and inspected the records on 13th march, 2003, the restoration petition under section 22(2)(g) of the rddb & fi act was filed on 2nd april, 2003 along with a petition under section 5 of the limitation act, the plea of the appellants was that they were not served with notices as there was some change in ..... officer, d.r.t., allahabad in miscellaneous application no. 75 of 2003 whereby and whereunder the application filed under section 22(2)(g) of recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the "rddbfi act") for setting aside the ex parte judgment dated 11th november, 2002 passed in t.a. no. 1223 of 2000 .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-02-2006
Reported in : 2006(4)AWC4150
..... of the property being at the same time as the acknowledged landlord of the defendants.7. the aforesaid case related to the provisions of the west bengal premises tenancy act, 1956 wherein section 13(1)(f) contained the words 'if he is the owner' with respect to requirement of the premises by the landlord for his own occupation. in the ..... is competent to maintain an action for eviction of the tenant of the entire premises, since he can be considered as a landlord within the meaning of section 3(j) of the act. one co-owner alone would be competent to sign such an application.11. for the reasons as aforesaid, the impugned judgment and order of the revisional ..... by the district judge, allahabad in revision no. 145 of 1991. by the aforesaid judgment, the revisional court in exercise of its power under section 25 of the provincial small causes courts act has proceeded to allow the revision of the respondent no. 3 and set aside the judgment and decree of the court below and also dismissed the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-2006
Reported in : 2006(4)AWC3603
..... pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994. such incorporation of the section was made in the year 1994 after amendment of the constitution as aforesaid. therefore, giving a different meaning of the unamended schedule was ..... stemming from identified past or continuing inequities and discrimination. per majority, identification of backward classes one has to begin somewhere- with some group, class or section. there is no set or recognised method. there is no law or other statutory instrument prescribing the methodology. the ultimate idea is to survey the ..... a similar rider is also given under sub-article 6 thereunder. the u.p. panchayat raj act, 1947 (successor of united provinces panchayat raj act, 1947), as amended upto date, gives definition of 'backward classes' under section 2(bb). it means the backward classes of citizens specified in schedule i of the uttar .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-07-2006
Reported in : (2009)20VST873(All)
..... , 4 and 5 of the central sales tax act, were liable to be excluded under section 3f(2) of the act. it was claimed that the goods imported were the electrical goods. the assessing authority held that the goods imported were the cables, terminal unit, explosion proof, heater, panels, transmitter, etc., and not the electrical goods and liable to tax at 10 per cent ..... . in respect of the claim of deduction relating to the imported goods being covered under sections 3, 4 and 5 of the central sales tax act, the assessing authority held that such issue has not .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-10-2006
Reported in : 2007(1)AWC807
..... the findings are perverse and against the material on record. the board of revenue could not reverse the findings recorded by the additional commissioner under section 333 of the act. in exercise of jurisdiction under section 333, the board of revenue could not enter into question of finding of fact.4. i have heard the learned counsel for the petitioner ..... of the impugned orders. it is also submitted that the contesting respondents can not categorize themselves within the definition of 'aggrieved person' within the meaning of section 198 of the act, rather they denied the title of gaonsabha and set up a title of their own. the order of cancellation passed on the basis of the said application ..... revenue dated 21.8.1984 are manifestly erroneous for the reason that the allotment of the land can be made in favour of any person under section 198(d) of the act as stood in the year 1963 and since no application was made by any aggrieved person challenging the order of allotment passed by the land .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-17-2006
Reported in : 2006(4)AWC3781
..... to pay or offer to the landlord a sum of rs...(in words) as one month's, six month's presumptive rent in accordance with sub-section (9) of section 16 of the said act.16. indisputably the said column regarding payment of presumptive rent has been left blank and this would vitiate the allotment order.17. in view of the ..... court below by judgment and order dated 6.10.1983. feeling aggrieved against the aforesaid judgment and decree, present revision is on behalf of tenants under section 25 of provincial small cause courts act.2. the suit giving rise to the present revision was filed on the pleas inter alia that the defendants no. 1 and 2 who are ..... application definite rate of rent was mentioned. in u.p. urban building (regulation of letting, rent and eviction) act, 1972 'standard rent' is defined in section 3(k) of the act. the power to determine standard rent has been given under section 9 in respect of which neither there is any reasonable annual rent nor any agreed rent etc. between the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-2006
Reported in : 2006(4)AWC3833
..... or purported exercise of jurisdiction. the chief revenue officer undoubtedly passed the order in purported exercise of jurisdiction under sub-section (4-a) of section 122-b of uttar pradesh zamindari abolition and land reforms act, 1950, hence the order being in purported exercise of jurisdiction conferred on chief revenue officer the bar under chapter viii ..... revision was not maintainable by the appellants against the order by which proceedings were dropped cannot be accepted.16. under sub-section (4-a) of section 122-b of uttar pradesh zamindari abolition and land reforms act, 1950, as quoted above, the right has been given to any person aggrieved by the order. the words 'any ..... december, 1992 of the chief revenue officer, ballia.3. brief facts of the case for deciding the appeal are; proceedings under section 122-b of uttar pradesh zamindari abolition and land reforms act, 1950 were initiated against the appellants by issuing a notice under z.a. form 49- a. the notice alleged that the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-2006
Reported in : 2007(1)AWC148
..... dates but within time allowed by the court. in those circumstances, hon'ble the apex court held that the tenant was entitled for the benefit of deposit under section 20 (4) of the act.17. in mam chand pal v. smt. shanti agarwal (supra), hon'ble the apex court interpreted the expression 'first date of hearing' to mean the ..... telling lie. subsequent, the court found that the defendant has committed default in paying the rent. relevant issue no. 5 relating to benefit under section 20 (4) of the act has been decided and after considering various decisions, the courts below have held that 22.8.1986 will be the 'first date of hearing' as court had ..... the court and the landlord may withdraw the outstanding amount, but the amount aforesaid deposited by the defendant-tenants was a conditional deposit, hence the benefit of section 20 (4) of the act could not be extended to the tenants.10. he states that judge, small causes court, etah, has decided the case and has held that defendant is .....
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