Court : Allahabad
Decided on : Mar-08-2006
Reported in : 2006(3)AWC2287
..... the entries in the record of the cantonment board have been made in exercise of the official duty and the same are admissible under the provisions of section 35 of the evidence act. he further submitted that the said entries were in the knowledge of the petitioners/their predecessors-in-interest but they never made any protest but rather ..... on the admitted facts.17. the onus lies on the petitioners to prove that it was not an old grant. in order to render a document admissible under section 35 of the evidence act, three conditions must be satisfied; firstly, entry that is relied on must be one in a public or official book, register or record; secondly, it ..... be relied upon. the court can presume the fact that entries in the g.l.r. have been made in accordance with law as required under section 114 iii.(e) of the evidence act. unless the presumption is disproved or dispelled or rebutted, the court can treat the presumption as tantamount to proof. this presumption is based on legal maxim .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-09-2006
Reported in : 2006(2)AWC1684
..... sabha which seeks for the eviction and dispossession. the suit for declaration of title by the aggrieved party is very much permissible under sub-section (4d) of section 122b of the act before a competent court. but then for the purposes of finding out if the petitioners-plaintiffs have a prima facie case for grant of ..... the property since 1970. this possession of land held by the plaintiffs, was subject of challenge by the respondent-gaon sabha in the proceeding under section 122b of the act in which the eviction orders have been passed by the assistant collector and the revision of the petitioners has also been dismissed by the collector. therefore ..... be wholly irrelevant, beyond jurisdiction and illegal. the argument of the learned counsel for the petitioners is that the jurisdiction of the assistant collector under section 122b of the act, does not extend to an abadi land. i am surprised at the submissions itself when it is already admitted by the petitioners themselves that this .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-09-2006
Reported in : 2006CriLJ2597
..... authorisation letters and by such way misappropriated the fund. such offence is forming the dispute to invoke the appropriate jurisdiction. the complainant avoided the jurisdiction and filed the application under section 156(3) cr.p.c. followed by f.i.r. in kolkata, where no offence was allegedly committed by the petitioners.21. learned senior counsel appearing for the contesting ..... induced to do or omit to do anything which he would not do or omit if he was not so deceived; (iii) in cases covered by (ii)(b), the act of omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property.19. according to us, cause ..... in another, or(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas.15. the supreme court held that while .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-10-2006
Reported in : 2006(4)AWC3731
..... uttar pradesh and ors.. in the aforesaid case two members were nominated by the state government in the board exercising power under proviso to section 9 of the u.p. municipality act, 1916 by notification dated 2.8.1991. these two nominated members participated in the proceedings of no-confidence held on 12.8.1991 which ..... the year 1990 election was 321. the district inspector of schools finding a dispute referred the matter to the deputy director of education under section 16-a(7) of the act for decision. the deputy director of education vide his order dated 20.12.1991 refused to recognise either of the claimants and appointed a ..... is committee of management, audyogik vikas uchchattar madhyamik vidyalaya samiti, bihara bazar, maharajganj, district basti and anr. v. prescribed authority, basti (under u.p. societies registration act no. xi of 1984) sub divisional magistrate, harriya, basti and ors.: (supra). in the aforesaid case the learned single judge set aside the order of the prescribed .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-10-2006
Reported in : 2006(2)AWC1959
..... . if net ram and prabhu dayal are held to be joint tenants then acquisition of a house of prabhu dayal deprives net ram also of the benefit of section 20(4) of the act. it has been held by the supreme court in harish tandon v. a.d.m. : [1995]1scr56 that in case of joint tenants anything done by me of ..... mentioned in the judgment of the courts below not it was argued by learned counsel for the petitioner however i am tentatively of the opinion that proviso to section 20(4) of u.p. act no. 13 of 1972 may be attracted to the facts of the case in case plea of the tenant that house in dispute was not allotted to ..... this writ petition by the landlord.3. brother is not included in the definition of family as provided under section 3(g) of u.p. act. no. 13 of 1972. by virtue of sections 20(2)(e), section 25 and section 12(1)(b) of the act, if a tenant allows a tenanted building to be occupied by any person who is not a member of .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-2006
Reported in : 2006(3)AWC2770a
..... said to be justified and proper for the simple reason that both course that is exercise of revisional power on a revision filed under the statutory provision of section 48 of the act and at the same time exercise of the suo moto powers for the same purpose cannot be permitted to go on simultaneously. a perusal of the judgment ..... this court is to interfere in the impugned orders. to support the wide powers of the deputy director of consolidation sri shukla referred to the provisions of section 48 of the u.p.c.h. act and decision of the apex court in the case of preetam singh (dead) by l.rs. and ors. v. assistant director of consolidation and ors ..... direct any other chak holder to be impleaded as party if for interest of justice his presence is needed. section 19 of the u.p.c.h. act gives various guidelines for making adjustment between the chak holders. section 20 of the act permits a chak holder to file objection against the proposal made by the assistant consolidation officer. the chaks are .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-2006
Reported in : 2006(3)AWC2915
..... )a.c. 220, 223.37. this decision again is no authority to interpret the expression 'time being in force' as used in section 60, cantonment act.38. section 60. of the cantonment act provides that cantoment board may impose a 'tax' -(i) with previous sanction of the central government(ii) within its territorial limits(iii) ..... 17. before dealing with the merit of respective contentions of the parties, relevant statutory provisions referred during arguments are quoted herein under for convenience:the cantonment act. 1924.section 60, general power of taxation - (1) the board may, with the previous sanction of (central government), impose in any cantonment any tax which, ..... passengers in the territory of the board, was published in daily news paper for information of the concerned to file objections, if any, under section 61, cantonment act; the union through its secretary admittedly filed objections against draft proposal to levy toll tax on passengers-vehicles before the board (annexure 5 to the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-2006
Reported in : AIR2006All246; 2006(3)AWC2295
..... during transportation they cross the forest, they would be covered under the definition of forest produce under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. thus, the transit fee is payable on stone ballast, khanda and boulder if they cross the forest during transportation. from the map filed alongwith the ..... it would become forest produce only when it is brought from the forest and would fall under sub-clause (iv) of clause (b) of sub-section (4) of section 2 of the act. as the petitioners had not transported the goods in question from any forest or through any forest land, they are not liable to pay any transit ..... ballast, khanda and boulders are not and cannot be included within the definition of the forest produce as given in sub-section (4) of section 2 of the indian forest act, 1927 (hereinafter referred to as 'the act'). the petitioners have further claimed that they are lifting and transporting the minerals accompanied by form mm 11 after depositing the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-2006
Reported in : 2006(4)AWC3368
..... a dispute was raised by one ahmad husain claiming himself to be the president and mahfoozul rahman as secretary/manager. the matter was again referred under section 25 of the societies registration act to the prescribed authority by the assistant registrar. the reference was dismissed in default vide order dated 12.9.2002. a restoration application was filed ..... . 5.4. it appears that the deputy registrar, firms. chits and societies vide order dated 25.4.1995 referred the matter for adjudication under section 25 of the societies registration act. the reference order dated 25.4.1995 was challenged by the petitioners in writ petition no. 13455 of 1995 wherein vide order dated 23.5. ..... order was stayed to the extent that fazlur rahman who raised the dispute with regard to his election as the secretary/manager of the society was permitted to act as manauer. the writ petition was allowed vide order dated 1.8.1995. the reference made by the deputy registrar was decided by the prescribed authority sub .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-27-2006
Reported in : 2006(3)AWC2909
..... service must be under government.second- the employment must be substantive and permanent.third- the service must be paid by government.these three conditions are fully explained in the following section.15. there are four kind of pension, which have been defined in regulation 424. the superannuation pension is granted to an officer in superior or inferior service entitled or compelled ..... the claim on the ground that the employment of the petitioner was not on substantive character. it is further stated that after amendment of fundamental rules, 1956, by u.p. act no. 24 of 1975 which allows retirement of a temporary employee also and provides in clause (e) that a retiring pension is payable and other retrial benefits shall be available .....
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