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 ..... shall not be subject to ceiling law. the government itself treated renewal or grant of fresh lease differently from alienation. it issued a government order in 1970 prohibiting any transfer and banning all renewal of leases. by order issued in 1973 alienation was permitted subject to permission by collector. and as mentioned ..... 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 : AIR1973All476
..... which had been sent by the arbitrator himself to the court had still to be disposed of independently of this application according to the procedure prescribed by chapter ii of the act. for that purpose, the case was sent back to the trial court without expressing any opinion whether fresh objections court be raised by the other party ..... see mohammad yusuf v. mohammad hussain, (air 1964 mad 1) (fb); nathuram girwarchand v. baijnath mangakhan lal : air1959mp422 and champalal v. mt. samrath bai : [1960]2scr810 . in : [1970]2scr136 (supra), the award was made on april 26, 1950, the application under section 14(2) was made on march 30, 1951 for making the award rule of the court ..... writing of the making and the signing of the award will be a question of fact in each case. in parasramka commercial co. ltd. v. union of india : [1970]2scr136 , their lordships of the supreme court observed thus:'reading the word 'notice' as we generally do, it denotes merely an intimation to the party concerned of a .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1371
..... in executive engineer, bhadrak (r&b;) division, orissa and ors. v. rangadhar mallik, 1993 supp (1) scc 763. rule 65 of the orissa general finance rules, was examined which provides that representation made for correction of date of birth near about the time of superannuation shall not be entertained. the respondent in that case ..... no such presumption would be there in respect of admission register of the private school. entries therein shall require corroboration. (vide rammurti v. state of haryana, air 1970 sc 1029 ; brij mohan singh (supra).35. in ramdeo chauhan v. state of assam, air 2001 sc 2231, the supreme court, while examining the issue regarding ..... public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the births, deaths and marriages registration act, 1886. the andhra pradesh administrative tribunal corrected the date of birth as claimed by the petitioner before the tribunal, in view of the entry in 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 : [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 : IV(2006)ACC137; 2007ACJ1406; 2006(3)AWC2803
..... deals with the determination of issues ---after framing of issues the claims tribunal shall proceed to record evidence thereon which each party may like to produce.13. the said chapter provides for method of recording evidence, local inspection, inspection of vehicle, power of examination etc. certain provisions of first schedule of code of civil procedure, 1908 have been ..... impugned order does not amount to 'case decided' within the meaning of section 115 c.p.c.18. in the case of baldev das v. filmistan distributors : [1970]1scr435 wherein supreme court has held that every order of the court in the course of suit does not amount to a case decided. a case can be said to ..... court is within jurisdiction, (b) the case is one in which the court ought to exercise the jurisdiction (c) that in exercise of jurisdiction the court has not acted illegally, i.e. law, or with material irregularity by committing some error of procedure in the course of trial which is material that, it may have affected the .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)1UPLBEC96
..... the committee of management/principal of the college failed to comply with the orders passed by the statutory authorities, an order dated 12.6.1990 was passed by the finance officer in the office of the district inspector of schools, allahabad that in case the arrears of salary for the period 1.10.1985 onwards are not paid to smt ..... is against the provisions of law. this belated submission is wide off the mark. the petitioner was appointed on 25.3.1977, i.e., prior to the introduction of chapter xxiii on 11th may, 1977. the provisions of paragraph 25.04 would not be attracted to the case of the appointment of the petitioner. in any case, after the ..... -a did not arise and, therefore, reference to the provisions of the said chapter is otiose.19. chapter xxiii relating to the qualifications and conditions of service of non-teaching staff of the associated college was inserted in the first statute, 1976 framed under the act by way of 3rd amendment, which is dated 11.5.1977. paragraph 25.04 of .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)1UPLBEC570
..... in executive engineer, bhadrak (r&b;) division, orissa and ors, v. rangadhar mallik, 1993 supp (1) scc 763, rule 65 of the orissa general finance rules, was examined which provides that representation made for correction of date of birth near about the time of superannuation shall not be entertained. the respondent in that case ..... no such presumption would be there in respect of admission register of the private school. entries therein shall require corroboration. [vide rammurthi v. state of haryana, air 1970 sc 1029; brij mohan singh (supra)].36. in ramdeo chauhan v. state of assam, air 2001 sc 2231, the supreme court, while examining the issue regarding ..... public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the births, deaths and marriages registration act, 1886. the andhra pradesh administrative tribunal corrected the date of birth as claimed by the petitioner before the tribunal, in view of the entry in the .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)1UPLBEC186
..... managing committee also consists of army officials. thus, the administrative control of the schools vests in the governmental authorities. the society and its schools are financed by welfare funds and the management of the school is also entitled to collect the fee and the donations, but this does not change the character ..... for time. in respect of charges for violating code of conduct for sending copies of representation to higher authorities, petitioner referred to the education code, chapter iv, para 13 which provides that after fifteen days of making representation, the member of staff may file a representation directly to the higher authorities. ..... .1998 in air force school, bamrauli, allahabad, managed by indian air force education and cultural society a non-profit making welfare institution registered under societies act, 1860. after completing probationary period of one year petitioner was confirmed in september, 1994. it is alleged by petitioner that by various government orders and .....
Tag this Judgment!