Court : Allahabad
Decided on : May-05-2006
Reported in : 2006CriLJ3329
..... note which reads as under:registrarshri suresh chandra jain, ii addl. chief judicial magistrate, etawah has made this reference for initiating contempt proceedings under section 15 of contempt of court act 1971 against sri vishram singh raghuvanshi, advocate of collectorate, etawah.reference has been made on two grounds.first it is said that on 22.8 ..... are separate. hence sri jain has also referred this matter for taking action against the advocate under provisions of contempt of court act. in this context section 2(c) of the contempt of court act which defines criminal contempt is relevant to mention here.'2 (c)' criminal contempt' means the publication (whether by words, spoken ..... and find the contemnor vishram singh raghubansi, advocate to be guilty of criminal contempt on both the charges. we convict him accordingly under section 12 of the contempt of courts act and sentence him to suffer simple imprisonment for three months and to pay a fine of rs. 2000/-. in default of payment of .....
Tag this Judgment!Court : Allahabad
Decided on : May-08-2006
Reported in : 2006(4)AWC3217
..... behind agricultural land but no son. in order to check this mal-practice since august, 2004 it has been made mandatory under u.p. zamindari abolition and land reforms act that will in respect of agricultural land in of uttar pradesh must be registered. however, this observation is not meant for this case. i am not expressing any opinion ..... the parties.9. it may also be added that findings recorded in proceedings under section 34 of the u.p. land revenue act are summary in nature and always subject to the result of the regular suit under section 229-b of u.p. zamindari abolition and land reforms act, any of the party is at liberty to file the the said suit ..... . learned counsel for the petitioner has argued that there is no such provision under the u.p. land revenue act or revenue court manual. even if there is no such provision, it will have to be read under the relevant act, rules or manual, because it is fundamental principle of procedural law and natural justice that no order should be .....
Tag this Judgment!Court : Allahabad
Decided on : May-10-2006
Reported in : 2006(4)AWC3514
..... its passing. the facts of the said case are not detailed in the judgment, but the court has found that the high court in exercise of its revisional jurisdiction under section 115, c.p.c. was not justified to set aside the order of the trial court as well as the order of the district judge passed in revision confirming the .....
Tag this Judgment!Court : Allahabad
Decided on : May-10-2006
Reported in : 2006(4)AWC3445
..... respondent department, the petitioner was found committing theft of electricity. he was proceeded with under the provisions of the electricity act, 2003 (hereinafter called the 'act'). however the offence was compounded under sub-section (3) of section 152 of the act, asking the petitioner to deposit a sum of rs. 50,000/-. petitioner deposited the said amount but he received ..... the only and final relief on the application as the high court has purported to do. the directions have been given here only to circumvent the provisions of section 80 civil p.c., and in our opinion that it is not within the scope of article 226. an interim relief can be granted only in aid ..... subsequently came to the conclusion that the petitioner therein had to establish satisfactorily that the moti moree was not a jagir within the definition given under the act 1954 and the question required to be completely thrashed out and adjudicated upon by the civil court. the court relegated the parties to the civil court and .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2006
Reported in : 2006(4)AWC3993
..... that the land acquisition proceedings have lapsed in view of section 11a of the act. in order to understand the scope of the plea it will be useful to extract the relevant provisions of the act (section 6, section 11, section 11a, section 17 and section 48(1)).section 6. declaration that land is required for a public purpose ..... considered the scope of invoking urgency clause and found that in the given situation the state government is empowered to invoke the urgency clause of section 17 of the act in acquisition proceedings for planned housing development.30. we accept the submissions of the learned counsel for the respondents that in view of possession ..... proceedings are void. it has been further averred that the petitioner was not given an opportunity of being heard as required by sub-section (2) of section 5a of land acquisition act. the petitioner has never received any notice with respect to the acquisition proceedings. opposite parties have not issued any public notice regarding .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2006
Reported in : 2006(4)AWC3210
R.K. Agrawal, J.1. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner Dhukhan Prasad Singh, seeks the following reliefs:(a) issue a Writ, Order or Direction in the nature of Certiorari quashing the Judgment and Order dated 23.7.2004 passed by the Respondent No. 5(Annexure No. 10) and also the order dated 1.5.2003 (Annexure No. 3) passed by the Respondent No. 2.(b) issue a Writ, Order or Direction in the nature of Mandamus commanding the Respondent No. 2 to release the full pension of the petitioner along with the arrears and also release all the retiral benefits including gratuity.(c) issue any other or further Writ, Order or Direction, which the Court may deem fit and proper in favour of the petitioner.(d) award the cost of the petition.2. Briefly stated the facts giving rise to the present petition are as follows:According to the petitioner, he was appointed on 6th July, 1959 in the Railway Mail Service on the post of Mail Man in Gay...
Tag this Judgment!Court : Allahabad
Decided on : May-23-2006
Reported in : 2006(4)AWC3234
..... after the result had been notified to the commission by the district magistrate.9. for this purpose let me first notice the relevant provisions of the act. section 12-bb and 12-bc of the act read as under: 12-bb. superintendence etc. of the election.- (1) the superintendence, direction and control of the conduct of the election ..... and 4 has submitted that the declaration of result is only a stage of the election process and till the gram panchayat is constituted and notified under section 58 of the act, the election process goes on. he has also submitted that result of the election of the petitioner was not declared in compliance with the provisions of ..... election for the post of pradhan of gram panchayat pilana to the state election commission, respondent no. 2. 2. exercising powers under section 12bb of the u.p. panchayat raj act, 1947 (for short 'the act') the state election commission, vide its order dated 15.8.2005, cancelled the election of pradhan for the gram panchayat in question. .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-2006
Reported in : 2006(4)AWC3419
..... 05.4.0632. 24993/06 2005 wife 05.10.052. the parliament enacted the essential commodities act, 1955 (the act), section 3 of the act empowers the central government to enact different control orders. section 5 of the act empowers the central government to delegate this power to the state governments also and the central government has ..... instrument or form) made or issued under the provisions so re-enacted. he also referred to definition of the term 'enactment' as defined in section 2(14) of the above act, which runs as under:'enactment'- 'enactment' shall include a regulation (as hereinafter defined) and any regulation of the bengal, madras or bombay code ..... u.p. scheduled commodities distribution order, 1990 by the u.p. scheduled commodities distribution order 2004. in this connection he referred to section 24 of the u.p. general clauses act, 1904, which runs as under:24. continuation of appointments, notifications, orders etc. issued under enactments repealed and re-enacted:-where any .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-2006
Reported in : 2006(3)AWC2592
..... which is to be decided in the suit. if there was no exigency of filing the suit without going in appeal before the competent authority under section 318 of municipalities act, the forum of appeal being definitely available to the petitioner, he should have first resorted to it and there he could allege and show that the ..... contends that in the present suit the jurisdiction of the civil court is not completely barred and the availability of appellate remedy against a notice under section 211 of the municipalities act, would not make a title suit as incompetent.5. whether or not the availability of forum of appeal will absolutely bar the jurisdiction of a ..... court's order granting temporary injunction in favour of the petitioner and has set aside the same.3. admittedly the petitioner received a notice under section 211 of the u.p. municipalities act, annexure-1 to the supplementary-affidavit stating that the chabutra in front of his house being an encroachment over the road 'patri' be removed .....
Tag this Judgment!Court : DRAT Allahabad
Decided on : May-25-2006
Reported in : I(2007)BC147
..... to consider any counter-claim or set-off claim. such observation of the tribunal was beyond the scope of the express and specific provision of the rddbfi act as provided under sections 19(8) to 19(11). when parties are present before the tribunal, then it was the bounden duty of the tribunal to give them opportunity of ..... the drt, jabalpur, where the same has been registered as t.a. no.1145/98. the learned presiding officer, drt, jabalpur as per provisions of section 31-a of the rddbfi act and the regulation framed for practising procedure of drt, proceeded with the case from the stage when it was transferred to the drt. from the records ..... while filing this appeal before this tribunal, the appellants had filed two petitions, one for condonation of delay as contemplated under section 5 of the limitation act and another for waiver of deposit as per section 21 of the rddbfi act. both those petitions were heard and disposed of in favour of the appellant vide order dated 15th december, 2004.4. .....
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