Court : Allahabad
Reported in : AIR2003All43
..... corporation of india (1993) 2 supreme court cases 144 : 1993 air scw 991 where there was inconsistency between two special laws, the finance corporation act, 1951 and the sick industries companies (special provisions) act, 1985. the latter contained section 32 which gave overriding effect to its former. it was pointed out by ahmadi, j. that ..... 323, 324, 325, 326, 327, 328, 329 and 333, clauses (a) and (b) of sub-section (1) of section 394, sections 335, 336, chapter xiv of the uttar pradesh (u.p. municipal corporation act, 1959) sections 178, 179, 180, 180-a, 181. 182, 183, 184, 185, 186, 203, 204, 205, 206, 207, 208, 209, 210 and ..... and functions for better municipal government. uttar pradesh regulation of buildings operation act, 1968 was enacted to provide for regulation of building operations in uttar pradesh with a view to preventing haphazard development of urban and rural areas. the aforesaid 1958 act provides for declaration of regulated area under section 3 and for constitution of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All477
..... as the vice-chancellor has is to secure smooth and proper running of the university. as is clear from the language of section 12 (4) of the act and chapter xx of the statutes punishment can only be inflicted upon a student if he nas breached the discipline of the university and for no other reason. the ..... power in this regard has been delegated to him by the executive council, from amongst the teachers of the university after considering the recommendation of the proctor.chapter xx of the statute--discipline--the vice-chancellor shall be responsible for maintaining discipline in the university and he shall have all powers necessary for the purpose.' 31 ..... appeal no. 682 of 1964 which is directed against the judgment of s. n. ivedi, j., dated 20-8-1964 dismissing writ petition no. 5718 of 1968 filed by the appoint gajadhar prasad (hereinafter referred to as the appellant):'whether the vice-chancellor of the allahabad university is required to perform quasi judicial functions in inflicting .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All1b
..... containing such terms and conditions as may be laid down by the statutes the provisions of sub-section (2) of section 25-c of the agra act and statute 30 of chapter xviii continue to govern and regulate the terms and conditions of service of the teacher in the matter of termination of his services by the management ..... regarding the fulfilment of conditions of affiliation. the disputes about seniority of teachers are first to be decided by the principal. he is also a member of the finance committee. boys' fund is administered by him. a student can be admitted only when a principal accepts his application. he has a power of punishing the students ..... the services of the petitioner. this resolution was approved by the vice-chancellor and finally an order terminating the services of the petitioner was passed on 21-8-1968.9. the petitioner questioned the validity and legality of the termination of his service on the main ground that the committee of management of the college contravened statute .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All190
..... 5. the bar council of india has framed rules under section 15 of the advocates act, 1961 (hereinafter referred to as 'the act') for preparation of electoral roll and prescribing disqualifications for membership. rules 4 (a) and 4 (b) are contained in chapter i of part iii of the rules framed by the bar council of india relating to ..... done but to what extent it affected the result of election can only be decided by the election tribunal. 18. section 15(2)(d) of the election rules, 1968, (sic) lays down that a dispute relating to election shall be decided in the manner prescribed in the rules. rule 32 makes provision for raising election disputes ..... the election; the aggrieved party, therefore, must follow that remedy before that forum. it is well established principle that if a statutory remedy is available under the act and the rules normally this court does not interfere with election disputes under article 226 of the constitution and the aggrieved party should pursue his remedy before the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2234
..... himachal pradesh, air 1987 sc 1239. it is true that in the said case, the supreme court after considering the scheme of himachal pradesh municipal act, 1968, held that the power is administrative power of the state, which requires giving of an opportunity to the affected aggrieved party. strong reliance has also ..... not been adverted as to in which district what infrastructures facilities are available. during more than six years several development activities had taken place involving huge finance of state exchequer. other development activities in newly created districts had also taken place, details of which have already been given above e.g., in ..... again examined at various levels from time to time and noticing extreme difficulties on administrative and financial side, the board of revenue as well as the finance department submitted their recommendations that newly created districts and divisions arc neither desirable nor viable and thus should be abolished. a detailed note was prepared .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All525
..... but by virtue of section 25 they apply, as far as they can be made applicable, to arbitration in suits as well. then there is section 38 in chapter v which applies to all arbitrations. that section runs as follows:--'section 38(1):-- if in any case an arbitrator or umpire refuses to deliver his award except on ..... defendant-petitioner relied on the case of : air1959sc492 and on the decision in the case of prem raj v. the d. l. f. housing and construction (private) ltd., : [1968]3scr648 in support of his contention. in the case of chaube jagdish prasad, : air1959sc492 (supra) the order under revision was passed under section 5(4) of the u. p. ..... been brought about by an agreement the propriety of the manner in which that has been done is, of course a matter of utmost importance. the arbitrator has to act throughout with complete fairness, candour and probity and there should be no element whatsoever of pressure, persuation, importunity, manipulation or secrecy in the conduct of the arbitrator .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All71
..... is the competent authority to order admission. the book of ordinances and regulations of the university for 1973-74 placed before us shows at page 1 (chapter 1, regulation 1) that applications for admission are required to be submitted to the dean in the prescribed form. there is nothing else to indicate ..... among members of the teaching, administrative and other staff of the university in accordance with the statutes and the ordinances; (xiii) to manage and regulate the finances, accounts, investments property, business andall other administrative affairs of the university, and for that purpose, to appoint such agents as it may think fit; (xvii ..... ) to regulate and determine all other matters concerning the university as well as institutes, constituent, affiliated and associated colleges in accordance with this act, the statutes and the ordinances'. sub-section (8) of this section reads as follows : -- 'the executive council may, subject to any conditions laid down .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All141
..... to challenge anelection.,'14. the question has therefore, to be decided only in the light of the relevant statutory provisions.15. part vi of the act is headed as 'disputes regarding elections.' chapter i of this part which is headed as 'interpretation' comprises of only one section e.g. section 79 which contains definitions of various words ..... or annexures.'39. in para 39 (on page 573) of the report the supreme court further observed as under : --'the decision in sahodrabai's case (air 1968 sc 1079), (supra), was that since the election petition itself reproduced the whole of the pamphlet in a translation in english, the pamphlet filed along with the petition ..... supreme court, extracted above, would show that because the english translation of the pamphlet had already been reproduced in the election petition in sahodrabai's case (air 1968 sc 1079), the pamphlet filed as an annexure to the election petition was not treated to be part of the election petition but as a separate document. .....
Tag this Judgment!Court : Allahabad
Reported in : [1976]105ITR864(All)
..... to be the income of the previous year relevant for the assessment year 1952-53, and the entire income must be assessed at the rate specified in the relevant finance act.' incidentally, this decision shows that enlarging the period of the previous year beyond 12 months is by itself a condition which the income-tax officer can impose to safeguard ..... . once the length of the previous year is fixed and the income of the previous year is determined, that income must be charged at the rate specified in the finance act and at no other rate. the order of the income-tax officer, in substance, permitted the change of the previous year on condition that the previous year in relation ..... the previous year. once the length of the previous year is fixed, the entire income of that previous year has to be taxed at the rate specified in the finance act relevant to the previous year. in the case of esthuri aswathiah the previous year consisted of 21 months as a result of the change allowed by the income-tax .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All504
..... of the appeal relates to the amount of a debt and such amount on appeal is less than rs. 5,000/- no appeal shall lie.34. the last chapter in the act (sections 43 to 59) deals with miscellaneous matters. section 54 provides that order 38 (arrest and attachment before judgment) of the first schedule to the civil procedure code will ..... the tribunal in the same manner as it could have done if it were a decree or order passed by it as a civil court.chapter iii specifies the reliefs that can be granted under the act. some of the reliefs that can be granted are cessation of interest on and from august 15, 1947, exemption from arrest, relief in ..... is no civil judge, the district judge) to be the authority competent to exercise jurisdiction within their respective jurisdiction.32. chapter ii of the act (sections 5 to 28) deals with debt adjustment proceedings. it is provided under that chapter how the application is to be made, how the objections are to be filed by the respondents and how the claims .....
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