Court : Allahabad
Reported in : AIR1968All67; (1970)ILLJ241All
..... of leave to or transfer of individual officers will have to be considered by all the 39 judges. in the state of west bengal v. n. n. bagchi : (1968)illj270sc the supreme court has held that the word 'control' in article 235 includes disciplinary jurisdiction, and the high court alone can hold enquiries and impose punishments other than ..... to perform the function of screening and examining or interviewing the various candidates. the supreme court has in the state of assam v rana mohammad, civil appeals : (1968)illj282sc held that the function of transfer is included in the power of control vested in the high court by article 235 and is to be exercised by the high ..... the views of 'the court' to the state government.20. learned counsel for the petitioner relied upon chapter xxiii of the rules of the court as it existed in 1949, and urged that thereunder only the english committee of the court acted for the court in matters like recommendations as to the changes in the law etc. the learned .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]130STC202(All)
..... paid to them. in implementation of the aforesaid agreement between the states and the centre and the recommendations of the second finance commission, the additional duties of excise act, 1957 was enacted on 24th december, 1957. the act expressly provides that in the event of a state levying a tax, inter alia, on the sale or purchase of tobacco ..... course of inter-state trade or commerce. section 4 formulates principles when a sale or purchase of goods can be said to take place outside a state. chapter iv deals with goods of special importance in inter-state trade or commerce. section 14 as originally enacted declared certain goods to be of special importance in inter ..... ) there was no such pre-condition yet imposition of tax was held impeding trade, commerce and inter-course. see state of madras v. n.k. nataraja mudaliar : [1968]3scr829 . '.....,we are unable to accept the view propounded by the high court. the flow of trade does not necessarily depend upon the rates of sales tax ; it depends .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... referred : air1966all73 (5 judges) of this court, in stale of u. p. v. firm deo dutt, where it is held after reference by the chief justice under chapter v, rule 6 of the rules of the court founded on the recommendation of a division bench, the reference cannot be said to be not maintainable.10. next attacking ground ..... the main ground for striking impugned proviso is, there is no justification for classification between the cinemas which were under some incentive schemes and other class of cinemas. by amending act (act no. 14 of 1992) in section 3-a in sub-section (i) relevant sub-para (a) was introduced under which an extra charge of twenty-five paise, ..... a different view of any earlier such bench, the proper course open is to request the chief justice to refer the matter to a higher bench.19. in : [1968]1scr455 . tribhovandas v. ratilal '(7). before parting with the case, it is necessary to deal with certain questions of fundamental importance in the administration of justice which the .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... the university itself as is apparent from section 15 of the banaras hindu university act 1915. admittedly, the central hindu girls school is a school maintained by the university. for the purpose of maintenance of the said school chapter vi provides for the ordinance governing the management of the institution under the school ..... board framed under statute 41(2). it appears that the school board is to consist of five officials namely, (a) vice chancellor/rector who shall be the chairman of the central hindu school board; (b) vice-chairman; (c) registrar; (d) finance ..... institution. this expression in 'principal' has been argued by mr. hajela to exclude officiating principal.14. the word 'principal' has not been defined in chapter-vi. the officiating principal performs the duties of the principal in her absence. she discharges all the function of the principal so long, she officiates as principal .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC1951
..... on the judicial side can be challenged or made subject matter in writ jurisdiction under articles 226/227 of the constitution of india before the same high court except under chapter viii, rule 5 of the allahabad high court which provides for an appeal from an order of the learned single judge to a division bench in certain cases. the ..... yojna, agra. the said notification was followed by another notification issued under section 363 of the nagar mahapalika adhiniyam on 26.9.1964. under an agreement dated 31.5.1968 the execution of the aforementioned scheme was transferred to the u.p. avas evam vikas parishad herein after referred to as the parishad. it included the land of the ..... filing first appeal no. 19 of 1988. a division bench of this court vide order dated 4.10.1993 dismissed the application filed under section 5 of the limitation act in default and further by the order of the same dated dismissed the appeal as barred by time. an application for recall of the order dated 4.10.1993 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1545
..... this court in khacher singh v. state of u.p. and ors. : air1995all338 , considered the issue at length and interpreted the provisions of rule 7 of chapter xxii of the allahabad high court rules, 1952 which bar the filing of a second writ petition on the same cause of action and held that the second petition for ..... of respondent no. 4 and 5 in the proceedings under section 30 decided like a declaratory suit by setting aside the registered sale deed executed on 25.11.1968 as unconstitutional and void.iii. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 17.8.2002 passed by respondent no ..... . a division bench of the madras high court in (janapareddi) venkatareddi v. (janapareddi) adhinarayana : air1929mad351 , held that a decision on reference under section 30 of the act is a decree which would be appealable.25. a division bench of bombay high court in rajhunathdas harjivandas v. district superintendent of police air 1933 bom. 187, considered the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All56
..... aspect of estoppel to prevent a person from falling a victim to what would have otherwise resulted in injustice to him and unfair advantage to other. in chapter xiii of estoppel by representation by spencer bower and turner iii edition page 314, the principle is explained thus :'where a, dealing with b, is ..... to 1981 :3. on 16th february, 1966 u.p. awas vikas parishad adhiniyam was enacted for providing house sites and construction of building. on 4th november, 1968 the government order dated 3rd december, 1965 was modified and it was directed that leases of joint lessees should be renewed as far as possible for one acre ..... their leases thus denying equality guaranteed by part iii of the constitution to other similarly situated. creation of parallel heirarchy by defining family and reducing area, acting arbitrarily in implementation of government orders were vigorously pressed. principle of offer made by government and its acceptance by lessees by complying with terms and conditions .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]60CompCas990(All)
..... . sushila bansal, smt. sneh agarwal, anil saran and lakshmi chand. in regard to lakshmi chand, it was stated that he was a nominee director of the uttar pradesh finance corporation, kanpur, who was arrayed as opposite party no. 10 in the company case. the record of the case indicates that the compromise has been arrived at by all ..... speedily by taking recourse to such action as the court considers expedient in the interest of the company. here, admittedly, no proceedings were initiated under section 391 of the act. the question which, however, as canvassed by counsel for the appellant, was that since the proceedings under sections 397 and 398 were being decided on the basis of ..... , counsel for the respondents, that the order dated april 30, 1985, passed by the learned company judge could not be termed as ' judgment' within the meaning of chapter viii, rule 5 of the rules of court. according to sri jagdish swarup, the order dated april 30, 1985, was an interlocutory order not appealable under .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)ARBLR410(All); 2001CriLJ274
..... or causes irreparable injury.9. section 2(1)(d) provides that in part 1 'arbitral tribunal' means a sole arbitrator or a penal of arbitrators. chapter iv of the act deals with jurisdiction of arbitral tribunals and section 16 thereof reads as follows :'16. competence of arbitral tribunal to rule on its jurisdiction.--(1) the ..... only illegal but is also without jurisdiction. in support of his submission, learned counsel has placed reliance on certain observations made in data switchgears ltd. v. tata finance ltd. and another, (2000) 8 scc 151.7. the principal question to be considered is whether it would be proper for the high court, while exercising ..... justice or his nominee is an administrative order, as has been held by this court in ador samia, case and the observations of this court in sundaram finance ltd., case also are quite appropriate and neither of those decisions require any reconsideration.......'it may be noticed that in a subsequent decision in konkan railway corporation .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2383A; (2000)2UPLBEC1387
..... impugned rules as 'designation of senior advocate rules, 1999', under section 34(1) of the act has been seriously questioned. shri rajeshwar singh, petitioner no. 2, who appeared in person submitted that section 16 of the act is part of chapter iii of the act. the power to make rules rest with the state bar council as provided under section 28 of ..... high court ought to be conceded the power to authorise an administrative judge or an administrative committee of judges to act on behalf of the court. accordingly, we uphold the minority judgment of the full bench that rule 1 of chapter iii of the 1952 rules framed by the allahabad high court is within the framework of article 235. the ..... by the screening committee, which was not a public document within the meaning of section 76 of the evidence act. no one has made any application nor any copy of the resolution of the screening committee was supplied in terms of chapter xl, rules 1 and 12 of the rules of the court to any one. non-disclosure of the .....
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