Court : Allahabad
Reported in : (2004)2UPLBEC1150
..... any other employment.66. the provisions dealing with an application, for outside employment within the country, received from the government servant are being dealt under chapter 143, titled 'disposal of applications from government, servants for outside employment'. releyant extract of paras 1090 and 1091 are being reproduced--'1090. the ..... this term clearly signifies enlistment, acceptance, selection or approval for appointment and not actual appointment or posting in service, while 'appointment' means an actual act of posting a person to a particular office. thus the word 'recruited' in rule 4.2 does not mean actual appointment.'87. in such circumstances ..... conducts himself in a way not consistent with due faithful discharge of duty in service it is misconduct. misconduct means misconduct arising from ill motive. acts of negligence, errors judgment or innocent mistakes do not constitute misconduct.15. private trade or employment.--no government servant shall, except with the previous .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All277; [2004]137STC399(All)
..... to the local bodies to compensate them for the loss caused, makes the impost compensatory in nature, as augmentation of their finance would enable them to provide municipal services more efficiently, which would help or ease free flow of trade and commerce.' 42. ..... augmenting the general revenue of the state.66. in fact in the statement of objects and reasons of the impugned act (u. p. act no. 12 of 2000) it is specifically mentioned.'preferatory note-statement of objects and reasons, with a view to augmenting ..... vide calcutta gas company v. state of w. b. air 1962 sc 1044 (1049), harakchand v. union of india 1970 (1) scr 479 ; (air 1970 sc 1453)(489), union of india v. dhillon, (1971) 2 scc 779 (sic) (792). power to legislate is ..... the australian high court in this connection are hence apposite. they have been referred to in chapter 5 of the book 'australian federal constitutional law' by colin howard and chapter 9 of the book on australian constitutional law by fajgenbaum & hanks.91. thus in .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1211
..... executive engineer, bhadrak (r and b) division, orissa and others 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 ..... 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)].37. in ramdeo chauhan v. state of assam, air 2001 sc 2231, the supreme court, while examining the issue ..... public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the birlhs, deaths andmarriages registration act, 1886.the andhra pradeshadministrative tribunal correctedthe date of birth as claimed by thepetitioner before the tribunal, inview of the entry in the births anddeaths register .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)361; [2004]266ITR453(All)
..... amounts have not been paid by the assessee-defaulter. the recovery certificate was issued on march 21, 1982, i.e., much before the addition of rule 68b by the finance act, 1992. rule 68b has been inserted with effect from june 1, 1992, which is prospective. hence, in our opinion, rule 68b applies in respect of recoveries in ..... property has been attached, has become conclusive under the provisions of section 245-i or, as the case may be, final in terms of the provisions of chapter xx : provided that where the immovable property is required to be resold due to the amount of highest bid being less than the reserve price or under the ..... : air2003sc2889 , wherein the supreme court observed (page 562 of [2003] 6 scc) :'issuance of a writ of certiorari is a discretionary remedy (see champalal binani v. : [1970]76itr692(sc) ). the high court and consequently this court while exercising its extraordinary jurisdiction under article 226 or 32 of the constitution of india may not strike down an illegal .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1698; [2004]56SCL529(All)
..... was incorporated for taking over certain sick sugar mills. the corporation incurred huge losses in the year 1995, and the matter was referred to the board of industrial finance and re-construction. after various meetings, attended by the banks and the representatives of workers' union, the corporation was declared as 'sick industrial company' on 21 ..... as follows :(a) some of the petitioners have filed successive writ petitions and that they have sought similar reliefs in the writ petitions included in this bunch. chapter xxii, rule 7 of the rules of the court prohibits filing of second writ petition on the same cause of action. he has relied upon the division ..... .8.1995 under section 3(1)(o) of the sick industries (special provisions) act, 1985. after deliberations, the bifr sanctioned a rehabilitation scheme on 30.7.2001, submitted by the corporation for revival/rehabilitation of its units. it was proposed that .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1199
..... forest which included the land claimed by the company. subsequently after considering the objections, the state government issued a notification dated 27.7.1970 under section 20 of the forest act declaring the land mentioned in the schedule to the said notification as reserved forest area. the land of the company had been included ..... the appellants submitted that since the land in question has been declared as included in the reserved forest area by issuance of notification dated 27.7.1970 which notification has become final between the parties, the learned single judge was not justified in directing the district authorities to correct the revenue record according ..... jurisdiction to government order behind the notification under section 20 of the act and deal with the land which has been declared and notified as a reserved forest under the act. it is necessary, therefore, to examine the scheme of chapter ii of the act. section 3 provides that the state government may constitute any forest .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
..... the investors by promising investment in agricultural and plantation activities were deploying a large corpus of the funds so raised in activities akin to those of non-banking finance companies. further, many companies were deploying funds in areas like real estate, resorts, golf courses, etc. the rating agencies also gave adverse comments on the ..... of collecting investment schemes, including mutual funds.55. the expression 'collective investment scheme' was not defined initially in the sebi act. however, it was used in section 11(2)(c) arid its meaning explained in chapter 2 of the dave committee report (vide annexure ca-12) which refers to the howey's test as laid down ..... k. trivedi & son's case (supra); state of madras v. row 1952 scr 597; peerless general finance & investment co. ltd. v. reserve bank of india air 1992 sc 1033; harakchand ratanchand banthia v. union of india air 1970 sc 1453 etc., the nature of the right alleged to have been infringed, the underlying purpose of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC431
..... charge-sheet shows that the allegations against the petitioner are that the petitioner has grossly undervalued certain property at rs. 5,42,633 although the a.d.m. (finance) reported that the value of the property was about rs. 15 lacs. the allegation was that the petitioner had not considered the evidence of the witnesses under rules 347 ..... counsel for the parties.3. the petitioner is a class ii officer in the employment of the state government. he joined the service as sub-registrar from 13.2.1970 on probation and he was confirmed on 13.2.1972. he as promoted as assistant inspector general (registration) on 3.8.1991 and was posted at bulandshahr. it ..... manner he disposed of the stamp cases. as found by the enquiry officer the petitioner disposed of the stamp cases in utter violation of the provisions of the stamp act and stamp manual. from this a reasonable inference can be drawn that he passed such orders for extraneous considerations.21. the findings recorded by the enquiry officer are .....
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 : 2004(1)AWC428; (2004)1UPLBEC811
..... charge-sheet shows that the allegations against the petitioner are that the petitioner has grossly undervalued certain property at rs. 5,42,633 although the a.d.m. (finance) reported that the value of the property was about rs. 15 lacs. the allegation was that the petitioner had not considered the evidence of the witnesses under rules 347 ..... counsel for the parties.3. the petitioner is a class ii officer in the employment of the state government. he joined the service as sub-registrar from 13.2.1970 on probation and he was confirmed on 13.2.1972. he as promoted as assistant inspector general (registration) on 3.8.1991 and was posted at bulandshahr. it ..... manner he disposed of the stamp cases. as found by the enquiry officer the petitioner disposed of the stamp cases in utter violation of the provisions of the stamp act and stamp manual. from this a reasonable inference can be drawn that he passed such orders for extraneous considerations.21. the findings recorded by the enquiry officer are .....
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