Court : Allahabad
Decided on : Feb-06-1997
Reported in : 1998(1)AWC125; (1997)3UPLBEC1747
..... same view has been reiterated in balwantral ratilal patel v. state of maharashtra, air 1968 sc 800 ; v. p. gindroniya v. state of m. p., air 1970 sc 1494 and government of india, v. tarak nath ghosh, air 1971 sc 823.14. as mentioned hereinbefore, the district committee also has the supervision and control over ..... taken a decision contemplating or initiating the disciplinary proceedings, it is open to the member/secretary to suspend the member of the service pending disciplinary inquiry. the act, rules and regulations do not provide for suspension of the member pending disciplinary inquiry by the district committee alone. such an inference cannot be drawn by implication ..... in any other regulations, a member who commits a breach of duty enjoined upon him or has been convicted for criminal offence or an offence under section 103 of the act or does anything prohibited by these regulations, shall be liable to be punished by any one of the following penalties : (i) censure ; (ii) withholding of .....
Tag this Judgment!Court : Allahabad
Decided on : May-23-1997
Reported in : AIR1998All29; II(1997)DMC383
..... alternative legal remedy, the high court may interfere in favour of the applicant.'23. in the case of shanker ramchandra abhyankar v. krishnaji dattatraya bapat : [1970]1scr322 it was held that if two remedies were open and the party had exhausted one it would not be sound exercise of discretion to grant relief in ..... on 20th march 1997. mr. govind krishna, learned counsel for the opposite party, took a preliminary objection. he contended that under section 28 of the hindu marriage act, an appeal lies against the impugned order before the learned district judge. therefore, the writ petition is not maintainable. mr. a. kumar, appearing on behalf of the ..... in part v dealing with the union in chapter i, it mentions executive and in chapter ii it mentions parliament. while judiciary has been dealt with in chapter iv. similarly in part vi dealing with the states, chapter ii deals with the executive while chapter iii relates to the state legislature and chapter v deals with the high courts in the .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-07-1997
Reported in : AIR1997All323
..... section 32 such registration is to be conclusive as to validity after seven years unless it is proved that the registration was obtained by fraud.15. chapter vii of this act covers rectification or correction of the registration of trade marks. under section 56 power of cancellation or variation of register or rectification of the register has ..... trade mark shall not be registered in respect of any goods which is identical with or deceptively similar to the trade marks already registered.14. chapter iv of the trade and merchandise marks act, 1958 deals with the effect of registration. under section 28 if the registration of a trade mark is valid which gives rise to the ..... which had permitted the use of thebrand names but had not lent the know how or expertise thereof. in the case of k.r. chinna krishna chettiar : [1970]1scr290 the likelihood of deception came up for decision in a matter for registration of trade marks. it was held that when there was striking phonetic resemblance between the .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-20-1997
Reported in : 1998(1)AWC593; (1998)1UPLBEC587
..... mughal period instructions were occasionally issued by the emperors to judges to expedite the trials. in administration of justice in medieval india by m. basheer ahmad, in chapter 'working of judicial machinery', pages 261-262 (1941 ed.), the author states :'...... those who apply for justice, states one of akbar's alns 'letthem not ..... remarks made in two seminal decisions touching the problem may profitably be referred to. in sant narain mathur and others v. ram krishna mission and others, 1970 (2) scc 730. the suit giving rise to the appeal before the supreme court was instituted in the year 1958. it remained pending for more ..... before the appellate/revisionalcourts at the district level, they are categorised and labelled as follows : appellate/revisionaljurisdiction(appeals. revisions,misc. and other cases, under various acts) distinctivemarkage of the caseslabel assigned(colour of folder/filecover)(i) over three years'critically old'red(ii) one year to threeyears'very old'green(iii) six .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-18-1997
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
Decided on : Apr-01-1997
Reported in : AIR1997All387; (1997)2UPLBEC1106
..... such unjust enrichment in favour of petitioner.thus the amount can be recovered under section 148.the balance amount can be recovered from petitoner under chapter viii of the act.section 153 clearly provides for distrain of any movable property of petitioner found within the rural area for which zilla parishad has authority or ..... . learned counsel for the respondents zilla parishad, however placed strong reliance on a division bench judgment in case of sia ram v. collector/a.d.m. (finance and revenue) agra reported in . we have thoroughl yexaimed the judgment.however, we find that uttar pradesh zilla parishads recoverry of arrears of tax and rent on ..... sept. 1990 passed in the first writ petition. learned counsel has placed reliance on the following cases:- (1) muntaj ali v.sub-divisional magistrate reported in. 1970 all lj 114.(2).u.p. state electricity board v.official liquidator lower ganges jamuna electricity distributing company ltd., reported in : [1974]1scr142 angad pandy v. .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-10-1997
Reported in : AIR1998All84
..... be said to have survived for filing another suit. the counsel contended that with the withdrawal of the earlier suit, cause of action even for the accounting of the finances of the firm stood barred and subsequent suit could not be filed for the same cause of action. reliance in this respect was placed on rule 1 of order 23 ..... intervention of certain relatives and well wishers of the parties, the matter was to be amicably settled, in that belief the plaintiff withdrew the suit, however since defendant did not act as per the terms settled, hence the plaintiff filed the later suit which is, therefore, not barred as the cause of action for accounting and dissolution of the firm ..... the present suit, being suit no. 62 of 1970 was filed by the plaintiff for exactly the same relief, namely, for dissolution of the firm which had been formed on 1-4-1966 and stood dissolved on 16-11-1969, and for accounting of the firms' finances.3. so far as the relief for dissolution of the firm is concerned, both .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-09-1997
Reported in : AIR1998All195
..... affect any transfer by operation of law in execution of, a decree or order of a court of competent jurisdiction, save as provided by section 57 and chapter iv, of the act, and also on the authority pratap narain agrawal v. ram narain, 1981 all lj 591. that was a case of consent decree in a suit of ..... his part of the contract.' 30. it is true that as held in the case of nathufal : [1970]2scr854 (supra) as regards to prove readiness and willingness the purchaser need not produce money or vouch a concluded scheme for financing the transaction. it would be a question to be determined from the entirety of facts and circumstances in every ..... plaintiffs-contesting respondents) by the plaintiffs-contesting respondents in favour of the financiers permanandpuri and vishnu ram nagar, step no. iii : payment of rs. 90,000/- by financers permanand puri and vishnu ram nagar to bishambhar nath agrawal, defendant no. 1-appellant. it was thus clear from the aforementioned terms of the document 84-ka-i that .....
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