Court : Allahabad
..... decisions; heera lal(deceased) through its legal representative v. vth additional district judge, bareily, 2006(2) alr: 2006 (1) arc 142 and rajednra v. gopal krishna, 1994 (2) arc 11.41. for the foregoing reasons, i do not find any illegality or infirmity in the impugned order dated 24.08.1982 passed by prescribed authority thereby ..... house on good rent. further, they did not file any allotment application for allotment of another house. under rule 10(3) of the rules framed under the act, a tenant, against whom release application has been filed, is entitled to apply for allotment of another house immediately. naturally such person is to be given preference ..... and 09.10.2001 passed by prescribed authority as well as appellate authority are illegal and arbitrary in nature while passing the same authorities under rent control act has failed to take into consideration the need of the tenant/petitioners and further wrongly held that the need of the landlord/respondents is bonafide and genuine .....
Tag this Judgment!Court : Allahabad
..... decided suits in original jurisdiction and not as an appellate court. no other provision in cpc throws any light on this aspect of the matter. 21. chapter xv of high court rules makes certain provision in respect to original and extraordinary original civil jurisdiction. rule 22 says trial of suits removed by the court ..... preparation of final decree after obtaining necessary instructions from hon'ble the chief justice. status quo as prevailing till date pursuant to supreme court judgment of ismail farooqui (1994(6) sec 360) in all its minutest details shall be maintained for a period of three months unless this order is modified or vacated earlier."87. sudhir ..... dictionary with legal maxims, latin terms, words and phrases" 2 nd edition reprint 2007 at page 687: "expression. a word, phrase or form of speech; the act of manifesting by action or language."37. the distinction between the "judgment" and "decree", therefore, is that the judgment contains reasons as well as the conclusions thereof .....
Tag this Judgment!Court : Allahabad
..... legislature prescribes a fixed rate of penalty, the authorities can not deviate from the same and demand a lesser amount. the above was a case under the rajasthan sales tax act, 1994 wherein a fixed penalty was provided and as such it was held that quantum of penalty so fixed is not illegal and liable to be reduced. 14. here in the ..... security of 40% of the estimated value of the goods to twice the amount of tax imposable on the value of the goods so estimated.6. chapter viii of the u.p. value added tax act provides for the penalty. in section 54 it has been provided that where the assessing authority is satisfied that any dealer or person has committed some ..... appellate or revising authority or the commissioner as the case may be, to pass a fresh order on such further enquiry as may be specified. section 57(8) of the act reads as under:-the tribunal may, if it has not already dismissed the appeal under sub-section (7), after calling for and examining the relevant records, and after giving the .....
Tag this Judgment!Court : Allahabad
..... 53 of the said judgment is also relevant, which reads as under:-53. rule 31 to 41 contained in chapter v of the mineral conservation and development rules, 1988 framed under section 18 of mmrd act deal with the measures required to be taken by the lessee for the protection of environment from any adverse effect ..... the ridge and also in the aravalli hills and whether it causes environment degradation and what directions are required. under consideration was the notification dated 27.1.1994, the earlier notification. the contention sought to be urged was that a holder of a mining lease does not require clearance under the environmental laws. to ..... which have been in operation before the said notification came into force. it was clarified that mining projects which did not require environmental clearance under eia notification 1994, would continue to operate without obtaining environmental clearance till the mining lease falls due for renewal, if there is no increase in lease area and or there .....
Tag this Judgment!Court : Allahabad
..... ranks. 8. that between 1985 to 1997 the recruitment of the executive posts of police department was governed by office orders issued on 16.05.1985, 23.12.1994, 02.04.1997 which are already on record. however, they relate to the period which is not in issue. similarly on 12.5.1997 m.p. police ..... sub-inspectors. (7) giving wrong information or hiding of any factual information in application form by the applicant shall be deemed to be a disqualification. on such act the candidate shall have not right of appointment or continue in service under the government and his service shall be terminated forthwith by the appointing authority without giving ..... -2-60 65-95 constable 12. m.p. police commission gave its report for 1965-66. there is a chapter on ministerial staff (general branch) (phq) and ministerial staff (general branch) (phq) and subordinate offices. this chapter gives details of various ministerial posts which were sanctioned by the govt. so also their pay scales as they existed .....
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..... the provisions of section 173 of the code of criminal procedure, which is extracted below:-173. report of police officer on completion of investigation.-(1) every investigation under this chapter shall be completed without unnecessary delay already. (2) (i) as soon as it is completed, the officer in charge of the police station shall forward to a ..... such cases, there can not be any prejudice to the accused.17. in the case of state of w.b. versus salap service station and others, reported in 1994 supp (3) scc 318, the hon'ble supreme court has held that what all section 173(8) lays down is that the investigating agency can carry on further ..... of investigation is concerned, section 173(8) of the criminal procedure code itself permits further investigation. it is also stated that there was no occasion for the investigating officer to act under the pressure of husband of respondent no.8, as under the law itself nobody is permitted to interfere with the investigation even the magistrate.7. in the .....
Tag this Judgment!Court : Allahabad
..... in the primary section. it is against this order that the present writ petition has been filed. 6. from appendix-a to chapter-ii of the regulations framed under the intermediate education act it is apparently clear that, for the teacher to be appointed in primary institution, the academic qualification prescribed is high school with ..... to have retired from the post of assistant teacher primary section. for filling up the said vacancy the manager of the institution obtained a permission from the finance and account officer in the office of the district inspector of schools and thereafter proceeded to advertise the vacancy in hindi newspaper 'amar ujala' on 03. ..... mangal rai girls higher secondary school, patla, ghaziabad is a recognized and aided girls high school. it is admitted that the provisions of the intermediate education act and the regulations framed thereunder are fully applicable to the primary section, which is part and parcel of the same high school institution. one smt. krishna .....
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..... qualifications and eligibility of the person entitled to be registered under section 3 of the pc & pndt act, 1994 for carrying out the ultrasound tests.15. section 3 under chapter ii of the pc & pndt act, 1994 provides for regulation of genetic counselling centres, genetic laboratories and genetic clinics. sub-section (1) ..... and genetic clinics. section 3a and 3b of the act provide as follows:-"3a. prohibition of sex selectionno person, including a specialist ..... of the medical qualification recognised under the indian medical council act, 1956 (102 of 1956) or who possesses a post-graduate qualification in ultrasonography or imaging techniques or radiology."7. section 3, in chapter-ii of the pc & pndt act, 1994 provides for regulation of genetic counselling centres and6 genetic laboratories .....
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..... the facts on record that the consolidation operations under u.p.c.h. act were proposed in the year 1991. the notification under section 4 of the 1953 act was issued on 24.9.91. objections were invited for settling disputes in 1994. the revised annual register and other proceedings after the preparation of statement of ..... and has to perform the functions with regard to the preparation of statement of principles in accordance with the procedure prescribed in paras 88 to 94 of chapter iv of the chakbandi manual. the functions to be performed by the committee are also prescribed under section 8 itself. then comes the preparation of statement ..... appeal can be filed before the settlement officer consolidation where after a revision can be preferred before the deputy director of consolidation under section 48 of the act.24. the powers to be exercised by the authorities are clearly defined . the settlement officer consolidation can set aside a provisional consolidation scheme and issue appropriate .....
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..... a further submission is advanced by the appellants that even the possession as alleged to have been taken was unlawful and none of the procedure prescribed in paragraph 435 of chapter xiv of the u.p. revenue manual was ever followed. he has submitted that a mere document of possession is paper possession and not actual possession. there is no ..... 31. the case of state of orissa v. bhanu mali (dead) nurpa bewa and others reported in air 1996 orissa 199 related to the orissa prevention of land encroachment act (act no. 6 of 1972). the land owner was found to be in possession of the land for more than thirty years prior to the initiation of the encroachment proceedings. it ..... possession even through their vendor on or after 19.02.1972. 39. the decision of the punjab and haryana high court in "hira lal v. state of haryana air 1994 p & h 101" related to purpose of acquisition and its exclusion. it was held that land whereupon houses were built were released from acquisition and not those where there .....
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