Court : Allahabad
Reported in : 2005(4)AWC3806; 2005(4)ESC2333
..... drops from thence, hath infected some chairs and stools of authority. in the encyclopaedia of democracy by seymour martin lipset, vol.1, p.310, in the chapter 'corruption', it is stated that corruption is an abuse of public resources for private gain. it is known that bribes open the way for access to the ..... of residential plots for the earlier year in the 2003(1) scheme of noida had given details about the company in the following words:-'...tcs, established in 1968, is a premier consultancy firm in south asia. employing over 25,000 professionals with impressive academic records from leading universities in india, the usa, and europe, ..... mutually exclusive. thus, discretion may be improperly fettered because irrelevant considerations have been taken into account; and where an authority hands over its discretion to another body it acts ultra vires. nor, is it possible to differentiate with precision the grounds of invalidly contained within each category'.46. in state of u.p. and ors. v .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC628
..... in fact when a lis commences, all rights and obligations of the parties get crystallized on that date. the mandate of section 6 of the general clauses act is simply to leave the pending proceedings unaffected which commenced under the unrepealed provisions unless contrary intention is expressed. we find clause (c) of section 6, refers ..... any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty. forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.' 25. the opening words of section 6 specify the field over which it is operative. it is operative over all the enactments ..... sections and give the intention of the legislature. in case of revisions, such intention has not been expressed. it is submitted that after the amendment by amending act no. 46 of 1999, the powers of saving revisions have been restricted, and there is significant restriction on the powers of the high court. after the amendment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All364
..... in view of the provisions of order 21. rule 90 of the c.p.c. as well as sections 433. 483 and some other provisions of the companies act contained in chapter-iii. taking a hint from the observation of calcutta high couri in shyamlal purohil v. jagannath ray. (1970) 40 com cas 138 : (air1969 cal 424) ..... petitions again and again, to foil the effort of the financial institution to recover the amount. while granting interim order, the courts often forget that if the finance of such financial institution would be obtained out, how genuine persons would recive the financial help and assistance.3. with this prelude, we have to examine the ..... attempt ing to sealthe assets seized from the borrowers. it shouldnot be forgotten that the corporation is aninstrumentality of the state. it must, therefore, utall times act reasonably and fairly. there isnothing to indicate that value of the propertyseized by the corporation is less than the amountremaining the from the borrowers. the impugnedaction against .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All319
..... by the constitution making body (see dicey's law of constitution, 9th edn., pp. 100-102). reference may also be made to rule 1(2) of chapter xxii of the rules of this court. that rule requires an application under article 226 not only to see out in numbered paragraphs the grounds upon which the ..... well aware of the observations of sir maurice gwyer, c. j. in --'in the matter of the central provinces and berar sales of motor ispirit and lubricants taxation act, 1938 , regarding the relevance for historical purposes, in constitutional cases of parliamentary paper such as, for example, the proposals for indian constitutional reform commonly known as the ..... regard to the various matters the legislature has to deal with, including a ventilation of grievances through examination of legislative proposals or a reasonable scrutiny of administrative acts, might be effectively possible it is vitally necessary that not only should a member of the legislature not have the fear that he can be penalised for .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]107ITR796(All)
..... no valid reason for the petitioners to understate the price in the sale deed because according to the petitioners the price had been fixed in the year 1968 long before chapter xxa came to be added. this has been encountered by saying that there was no prior agreement of sale and the petitioners themselves had not disclosed any ..... mere printing of the notification was not publication. in our opinion, the same is the position in the case before us. the initiation of proceedings under chapter xxa of the act can be done only by the publication of the preliminary notice in the official gazette within the prescribed time. the fact that individual notices were given to ..... press for publication in the gazette of india. (sd.) illegible,i. a. c. (acq.).'12. from these documents it is clear that the competent authority did not act arbitrarily or without any material. the inspector had made a detailed report disclosing the reason for assessing the property at rs. 10 per sq. yard. in our opinion, this .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1059
..... committee went deep into the matter and made all pervasive recommendations, about the comparability of the posts which are contained in chapter v of the report of the committee (annexure-2 to the writ petition). for the purpose of the revision of ..... the governor is confined only to such rule, as relates to salaries, allowances, leave or pension. this is because the finances have to be provided by the government. all other rules in respect of conditions of service do not require his approval ..... allowances to the staff of this court with the staff of secretariat at lucknow by its order dated 20.3.1968.13. there was all pervading dissatisfaction amongst the employees of the various departments of the state government and they resorted ..... violated by him. certainly the government cannot interfere with the determination made by hon'ble the chief justice. the seemingly innocuous act of the state government, i.e. executive in not according approval, which for the reasons stated above, was not necessary .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All113
..... why the mills could not be started for a very long time after the passing of the said order dated 31st may, 1968. it is an admitted position that nirmal kumar patni did not have sufficient finances to run the mills on his own and, therefore, he was in search of associates who could invest moneys and run the ..... the circumstances and context whether power is associated with discretion or with the absence of discretion. in a special power of attorney, the attorney is directed to do an act, for example, to present a document for registration or to execute a document. no discretion is left to the attorney either to present the document for registration or ..... is very shadowy and unsubstantial. he who has legal power to do anything has the legal right;technically, an authority by which one person enables another to do some act for him.'there are 18 clauses in stroud's judicial dictionary where in the different contexts in which the expression 'power' has been judicially noticed has been discussed. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2000All127; (2000)1UPLBEC738
..... maintainable and thus rightly no action was taken. cantonment land administrative rules, 1925 have been framed in exercise of powers conferred under section 280 of the cantonment act, chapter ii of which provides for classification, transfer of land and standard table of rent management, rule 3 casts a duty on the military estate officer to ..... 6. sri srivastava, in reply, apart from reiterating his submissions contended that the decisions referred to mr. jain do not deal with rules 1(2) and 7 chapter xxi of the rules of court; that the principles of res judicata applies; that the decisions cited by him support his submissions and thereby his preliminary objection be ..... the strength of governor general's order no. 179 dated 12th september, 1836 tried to take possession of the bungalow by issuing resumption notice on 26th december, 1968 to the petitioner. the petitioner filed writ petition no. 175 of 1969 before this court challenging this notice alleging, inter alia, that the bungalow is in .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1698; [2004]56SCL529(All)
..... mills. the corporation incurred huge losses in the year 1995, and the matter was referred to the board of industrial finance and re-construction. after various meetings, attended by the banks and the representatives of workers' union, the corporation was ..... have filed successive writ petitions and that they have sought similar reliefs in the writ petitions included in this bunch. chapter xxii, rule 7 of the rules of the court prohibits filing of second writ petition on the same cause of ..... and steel company limited v. state of west bengal. (1967) 2 llj 23 ; pepsu transport co. put. ltd. v. state, (1968) lab ic 351 ; rajasthan canal project v. rajasthan canal rashtriya mazdoor union, (1976) 2 llj 25, and secretary, kottayam district cooperative ..... as 'sick industrial company' on 21.8.1995 under section 3(1)(o) of the sick industries (special provisions) act, 1985. after deliberations, the bifr sanctioned a rehabilitation scheme on 30.7.2001, submitted by the corporation for revival/rehabilitation .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ521
..... in a case when it may reasonably be expected to do so, the courts may infer that it has no good reason for reaching its conclusion, and act accordingly (see padfield case, 1968 ac 997 pp. 1007, 1061). in ram and shyam co. v. state of haryana : air1985sc1147 ; haji t.m. hassan rawther v. kerala financial ..... any political activity and there exists no provision under which the government is bound to institute disciplinary proceedings against a public prosecutor before terminating his services. chapter xxi para 21.03 of the l.r. manual provides that the public prosecutor shall be appointed in accordance with the section 24 of the code ..... , the interest of the public and modes of appointment and removal. thereafter the hon'ble supreme court observed : : [1994]1scr348 :it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel and the government advocate, additional government advocate, deputy government advocate and assistant government .....
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