Court : Allahabad
Decided on : Jul-02-2010
..... notifications stated that the land is needed for public purpose, it cannot be said that the acquisition was for public purpose and not under chapter vii of the act under the land acquisition (companies) rules, 1963.16. shri mandhyan further submits that this high court and supreme court have consistently held that ..... along the expressway on the "build, operate and transfer" basis. the project was defined:-"projects" means preparation of tefr and dpr, design, engineering, financing, procurement, construction, operation and maintenance of the expressway and management of land for development in accordance with the provisions of this agreement and shall include all ..... was notified as follows:"proposals are invited for the development of a techno economic feasibility report (tffr) and detailed project report (dpr), arrangement of finances, construction, and operation of a six lane super expressway between noida and agra.the proposed expressway would be about 160 km length and would considerably .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-07-2010
..... goods are not smuggled, shall lie on the person from whose possession such goods are seized. 71.it shall be appropriate to take note of section 132 of the act under chapter xvi, which provides that whoever makes, signs or uses, or causes to be made, signed or used, any declaration, statement or document in the transaction of any ..... custom at indo-nepal border, the revenue has not preferred any appeal against the assessment made at the border in pursuance of the provisions contained in chapter iv-a read with chapter vii of the act. however, the controversy involved in the present case, seems to be different than what is argued by the learned counsel for the respondent. 68. ..... i.e., 1-2 gms. per tone in animal feed. it is also submitted that role of sri pathak is only agent and no person from the ministry of finance and commerce has visited nepal authorities empowered in the treaty to verify the existence of product manufacturing unit of m/s. anivet industries. the goods was imported for human .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-28-2010
..... the tender notice of the lucknow development authority. the petitioner with regard to floor area ratio has referred to chapter 3 part-3 of the lucknow development authority building byelaws, 2000 meant for commercial area. no reduction in ..... , lucknow. of 35 tenders, technical bids were open on 21.06.2005 and after scrutiny by a committee comprising of finance controller, lucknow development authority; chief town planner, lucknow development authority, joint secretary, lucknow development authority, executive system, lucknow ..... paras 77-80)."public interest litigation, or pil as it is more commonly known, entered the indian judicial process in 1970. it will not be incorrect to say that it is primarily the judges who have innovated this type of litigation as ..... of the lucknow in accordance with the provisions of master plan-2021 and u.p. urban planning and development act, 1973. petitioner has abused the process of this hon'ble court for oblique considerations. neither any violation of .....
Tag this Judgment!Court : Allahabad
Decided on : May-24-2010
..... g. road, bangalore v. cit, karnataka, bangalore.84. it is no longer res integra that while interpreting statutory provisions, each and every word of the act, every section and every chapter should be taken into account in reference to context. according to maxwell any construction which may leave without affecting any part of the language of a statute ..... with law vide : air 1954 sc 194 surendra singh and ors. v. state of u.p.56. hon'ble supreme court in a case reported in : air 1970 sc 1168 tarapore & co. madras v. tractors export moscow held that the judgment means a final adjudication by the court of rights of the parties.57. in air ..... hon'ble supreme court held that taxing statute should be strictly interpreted.lifting of veil92. accordingly, while considering a case to extend the benefit under section 57(iii) of the act, the effect of words, 'wholly and exclusively for the purpose' may not be diluted. by using three words, i.e. 'wholly', 'exclusively' and 'purpose', the legislature .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-08-2010
..... .2, it is sought to be contended that merely because there is no appeal provided under section 483 of the companies act, would not oust the jurisdiction of this court to entertain an appeal under rule 5 chapter viii of the allahabad high court rules. it is, therefore, submitted that the appeals as filed are maintainable and the ..... considered at length in a full bench judgment of this court in the case of the notified area committee and another v. sri ram singhasan prasad kalwar, reported in air 1970 allahabad 561. we may gainfully refer to paragraphs 11, 12, 13 and 14 of the said judgment, which are as under:- "11. in the former high court ..... (supra), a division bench of the high court, which was assigned to hear special appeals, could entertain the special appeal as it is maintainable under rule 5 of chapter viii of the allahabad high court rules. 9. the next question, therefore, would be whether the learned single judge could have entertained or had jurisdiction to entertain the application .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-27-2010
..... provision in the constitution namely; the office of up-pramukh (senior up-pramukh and junior up-pramukh). chapter iii of amendment act, 2007 contains the provisions by which the act was amended. it is relevant to note certain provisions of the amendment act, 2007 namely; general amendments made in section 7, 9, 9a, sections 82 and 83 and in ..... provision to control cases where the special provision does not apply. the earlier discussion makes it abundantly clear that the constitution gives a separate treatment to the subject of finance, and art. 277 saves the existing taxes etc. levied by states it the conditions mentioned therein are complied with. while art. 372 saves all pre-constitution valid ..... an office or a position to which a person is appointed and which may exist apart from and independently of the holder of the post. " 41. in air 1970 s.c. 694 smt. kanta kathuria v. manak chand surana, the apex court had occasion to consider the word "office" in context of article 191 of the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-22-2010
..... , is correct. 57. ajay malviya (supra) relied on the following lines from paragraph 4 in the decision in devarapalli lakshminarayana reddy (supra) "........if instead of proceeding under chapter xv, he has, in the judicial exercise of his discretion, taken action of some other kind, such as issuing a search warrant for the purpose of investigation, or ordering ..... preliminary inquiry into or otherwise to dispose of the case in the manner provided in the code. (vide s.n. sharma vs. bipen kumar tiwari and ors., air 1970 sc 786, paragraph 7). 61. even where the informant's plea for a direction for investigation under section 156(3) cr.p.c is refused by the magistrate, ..... state of haryana, air 1977 sc 2229, ( paragraph 2): "it ought to be realised that inherent powers do not confer an arbitrary jurisdiction on the high court to act according to whim or caprice. that statutory power has to be exercised sparingly, with circumspection and in the rarest of rare cases." 50. in para 9 in single judge .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-16-2010
..... by maxwell (11th edn. page 221). 78. tirath singh's case(supra) has been affirmed by the hon'ble supreme court in state of madhya pradesh versus azad bharat finance co. air 1967 sc 276 (p. 278), union of india versus sankalchand air 1977 sc 2328 (pp. 2337, 2358, 2373, cit versus national taj traders air 1980 ..... central india spinning, weaving and manufacturing company limited, empress mills, nagpur versus municipal committee, wardha while construing section (66)1 of the central provinces and berar municipalities act, 1922 which authorized imposition of ''a terminal tax on goods or animals imported into or exported from the limits of a municipality', their lordships of hon'ble supreme ..... rule 6 deals with the quota. rule 8 deals with the number of appointments to be made by the high court. chapter iv of the 1975 rules deals with the procedure for direct recruitment whereas, chapter-v deals with the procedure for recruitment by promotion of the members of nyayik sewa (in short pcs-j). rule 22 .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-21-2010
..... for determination of the same were not relevant. 13. this lead to the complete effacing of the right to property by the parliament from the fundamental rights chapter by omitting article 19(1) (f) & article 31 from the constitution vide 44th amendment and conferring merely a truncated constitutional right by incorporating article 300a. ..... 10. the hon'ble apex court again interpreted the provisions of the constitution in the case of r.c. cooper v. union of india air 1970 sc 564 and held that the constitution guarantees a right to compensation i.e. equivalent in money of the property expropriated. the supreme court proceeded to ..... the expropriated owner from the callousness, apathy, arbitrariness, unfairness and inaction of the authorities responsible for completing the acquisition proceedings expeditiously. section 11a of the act has deliberately been enacted to save the land holders from vagaries of inordinate delay at the hands of the authorities concerned. the legislature has mandated that .....
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