Court : Allahabad
Decided on : Feb-22-2006
Reported in : AIR2007All25
..... and it has been submitted that the jurisdiction of a court of small causes is preferential and not exclusive as per, the provisions contained in sections 15 and 16 of the provincial small causes court act. it is quite obvious that the law is settled on this point because the court of small causes has no jurisdiction to settle the ..... if this suit was at all cognizable by regular civil court.6. i do not agree with the interpretation of the aforesaid section 15, 16 and article 14 of schedule ii of provincial of small causes courts act as advanced by the learned counsel. this is a suit involving the question of declaration of title over the property in suit ..... involved in the suit is only that of title.5. the learned counsel appearing for the petitioners contends that by virtue of sections 15, 16 and article 14 of schedule (ii) of the provincial small causes court act, the suit, being squarely a suit for eviction of a tenant from the premises in question after the determination of tenancy it .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-2006
Reported in : AIR2006All259; 2006(3)AWC2823
..... all appear that the order of the district judge is of no significance to his client. it appears to be of quite some significance. under section 7 sub-section (4) of 1920 act trustees acting bona fide on the order of the district judge would render themselves immune to any action by anybody for all times in future. this certainly is ..... appearing in connection with the petition. (4) a trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty ..... .40. following the said judgment and the authorities quoted there, which are fully persuasive in our respectful opinion, we must opine that a decision under section 7 of the 1920 act is not to be given at all by the district court in matters which are seriously disputed or contested or which require difficult decisions on questions of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-23-2006
Reported in : (2006)201CTR(All)520; [2006]283ITR532(All)
..... of the said judgment (are) reproduced as under :9. this judgment was rendered by this court on 21st dec., 1956, and we find that in the 1961 act section 127 replaced section 5(7a) where the legislature has introduced, inter alia the requirement of recording reasons in making the order of transfer. it is manifest that once an order is ..... and seek to challenge transfer of their case by a common order dt. 16th dec., 2005 passed by cit-i, kanpur in exercise of powers, vested under section 127(2), it act, 1961 (called the 'act') from kanpur to ao at. new delhi (annex, 4 to the leading writ petition).4. for convenience we refer to the facts leading writ petn. no ..... 6 of the writ petition, it is stated that petitioner is an income-tax payer for the last several years.6. a search and seizure operation under section 132 of the act was conducted on 2nd july, 2003 within the residential and business-premises belonging to the partners/directors of the said firms/units called 'shikhar gutkha group'.7. .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-27-2006
Reported in : 2006(2)AWC1794
..... contained in the scheme of administration in that case, which provided for appointment of administrator, was 'inconsistent with and repugnant to the policy reflected by section 16-d of the act and for that reason ultra vires'. similar facts are of the present case also.25. accordingly, for the foregoing reasons, in my opinion, keeping ..... in view the provisions of the scheme of administration of the institution, as well as the provisions of section 16-d(14) of the act no authorized controller of administrator could have been appointed for managing the affairs of the institution in question. in the facts and circumstances of this ..... in the petitioner college which 14 a minority institution, specially keeping in view the scheme of administration of the institution and the provisions of section 16-d(14) of the act; and then if the authorized controller could have been appointed, whether he could decide as to which group should be called for election.15 .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-2006
Reported in : 2006CriLJ2243
..... has challenged the detention order dated 31.8.2005, passed by respondent no. 2, district magistrate, gautam budh nagar, under section 3(2) of the national security act 1980 and his continued detention thereunder. 2. the grounds of detention are contained in annexure-2 to the writ petition. ..... was allegedly engaged with his associates in cutting electricity wire at about 11 p.m. a case crime no. 36 of 2005 under section 379/411 i.p.c., p.s. bisrakh, district gautam budh nagar was registered against him. he was allegedly found to be ..... of 2005, under section 379 i.p.c., 34 of 2005, under section 379 i.p.c., 36 of 2005, under section 379/411 i.p.c., 57 of 2005, under section 2/3 gangsters act, 67 of 2005, under section 379/411 i.p.c., 189 of 2005, under section 379 i.p ..... .c. and 213 of 2005, under section 379 i .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-03-2006
Reported in : 2006(4)AWC3719
..... principles of natural justice as also according to the procedure under order xix, civil procedure code and the evidence act both of which incorporate these general principles. even if all technicalities of the evidence act are not strictly acceptable except in so far as section 11 of the industrial disputes act, 1947 and the rules prescribed therein permit it, it is inconceivable that the tribunal can ..... according to the procedure under order xix civil procedure code and the evidence act, both of which incorporates these general principles, even if all technicalities of evidence act are not strictly acceptable except in so far as section 11 of industrial disputes act and rules prescribed therein permit it, it is inconceivable that tribunal can act on what is not evidence and documents which are produced are .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-06-2006
Reported in : 2006(4)AWC3398
..... punishment, in the case of bhagwan lal arya v. commissioner of police, delhi and anr. reported in : air2004sc2131 , wherein the delinquent was dismissed under section 147 of delhi police act (34 of 1978)- and rules 8, 10 of delhi police (punishment and appeal, rules 1980), from service, on the ground of absence from duty being ..... are not controverted then the said averments must be accepted as true and correct drawing the presumption in favour of the petitioner in terms of section 114 illustration (g) of the evidence act, 1872 and order 8 rule 5 of the code of civil procedure, 1908. the absence of counter affidavit, this court is left ..... of police, delhi and anr. reported in : air2004sc2131 , held that continued misconduct with the punishment of dismissal/ removal from service can be awarded only for the acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police; service. merely one incident of absence and that too because of .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : Mar-06-2006
Reported in : I(2007)BC1
..... officer, d.r.t., allahabad in m.a. no. 181/02, whereby and whereunder the restoration petition filed under section 22(2)(g) of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the rddbfi act) for setting aside the final order passed in t. a. no. 170/2000 on 27th august, 2002 has .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-07-2006
Reported in : AIR2006All227
..... learned attorney general, we pass the following order:(1) it is submitted that till the central government constitutes statutory agency as contemplated by section 3 of the environment (protection) act, 1986, it is necessary and expedient that an authority be constituted at the national level to be called central empowered committee (hereinafter the ..... that prior approval of the central government is required for any non-forest activity within the area of any ' forest'. in accordance with section 2 of the act, all on-going activity within any forest in any state throughout the country, without the prior approval of the central government, must cease ..... , therefore, not permissible without prior approval of the central government. accordingly, any such activity is prima facie violation of the provisions of the forest conservation act, 1980. every state government must promptly ensure total cessation of all such activities forthwith.(2) to (5)...6. each state government should within two months .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-07-2006
Reported in : 2006CriLJ2606
..... second f.i.r. against the petitioners. in these circumstances, no question arises regarding the double jeopardy. now the investigating officer has to file the police report under section 173(2) cr.p.c. against the rest petitioners after completion of the investigation. therefore, the proceeding is also not pending before the court prior to file the ..... quashed by sessions judge-no investigation thereby commenced-subsequent f.i.r. lodged on basis of information received about cognizable offence-there is no question of any bar under section 162-moreso, when fir disclosed prima facie case for commencing investigation.18. it has also been observed in anurag tripathi v. state of u.p. and anr. ..... 307 and 302 i.p.c., p.s. mau aima, district allahabad and case crime no. c-35 of 2005, under sections 147, 148, 149, 302, 308, 203 i.p.c. and under section 3(2) v sc/st act, p.s. malwan, district fatehpur and stay the arrest of the petitioners.2. affidavit and supplementary affidavit on behalf of the .....
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