Court : Allahabad
..... mathur, learned counsel for respondents.2. facts in brief of the present case are that sri b.d. atthi (now deceased) moved an application for release under section 21(1)(a) of u.p. act no. xiii of 1972, owner of premises having house no. 72, purana quila, lucknow, under the tenancy of smt. y.c. trikha, and after her death ..... to search alternative accommodation after filing of release application. this case sufficient to tilt the balance of hardship against them vide bhutada v. g.r. mundada 2003 supreme court 2713; 2005(2) arc 899. moreover, rent of rs. 6/- per month which the tenants are paying is virtually as well as actually no rent. by paying such insignificant rent they ..... has also to be decided against the tenants." 34. the said view has been further reiterated in the following cases:- (1) jai raj agarwal v. bhola nath kapoor and others , 2005(3) arc 417. (2) rulemuddin and others v. abdul nadeem , 2007(2) arc 62. (3) mohabbey ali vs taj bahadur and other, 2009(2) arc 715. (4) raj .....
Tag this Judgment!Court : Allahabad
..... that the notification dated 14.09.2006 is applicable to mining of minerals other than minor minerals and the minerals and minor minerals have been defined in section 2 of the mmrd act. reliance has been placed on the judgment of the madhya pradesh high court at jabalpur, in the case of madhya pradesh state mining corporation ltd. ..... 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 of mining or irreversible consequences thereof. these ..... 1987. in these circumstances, the court was pleased to hold that the legislative intent or mandate is that the rule framed by the state under section 15(1a) of mmrd act should prevail over all previous enactments on the subject and for this reason, was pleased to dismiss the petition.learned counsel for the respondents informs .....
Tag this Judgment!Court : Allahabad
..... (2) of the rules which lays down the parameters/guidelines, to be taken into consideration while deciding a release application under clause (a) of sub-section 1 of section 21 of u.p. act 13 of 1972 in respect to a building let out for a commercial/business purpose. 52. further, as per the law as cited by learned counsel ..... by full bench judgment of this court in the case of ganga saran v. civil judge, hapur, ghaziabad and others, 1991 (9) lcd 149 and sumtibai & others v. paras finance co. mankanwar w/o parasmal chordia (d) & ors. 2008 (1) arc 504 sri shafiq mirza, learned counsel for petitioner in rebuttal submits that in view of the authorities ..... search alternative accommodation after filing of release application . this case sufficient to tilt the balance of hardship against them vide bhutada v. g.r. mundada 2003 supreme court 2713; 2005(2) arc 899.moreover, rent of rs. 6/- per month which the tenants are paying is virtually as well as actually no rent. by paying such insignificant rent .....
Tag this Judgment!Court : Allahabad
..... 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 ..... , 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 rehlan is stated to have retired ..... therefore, appears to be justified in recording a finding that the petitioner is not possessed of the prescribed minimum qualifications as provided for under the intermediate education act and, therefore, there can be no payment of salary in his favour through state exchequer.10. this court may refer to the case of pramod kumar vs .....
Tag this Judgment!Court : allahabad
..... 2 scc 455. while answering the issue, the court observed in paragraph 9 of the judgment which is as under:-9. section 34 of the act consists of two parts. sub-section (1) deals with the overriding effect of the act notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by ..... rs.35 lacs against the principal debtor. as the company became sick, the picup took over physical possession of the company on 28.2.2003. 5. the ministry of finance, government of india, vide a notification declared the picup to be a public financial institution on 23.2.2004. on 11.12.1996, the central government, in exercise of ..... learned bench relied upon m/s. paliwal glass works and others vs. state of u.p. and others (unreported judgment dated 21 st september, 2005, in civil appeal no. 5933 of 2005). after considering the said case, we find that the said is not a judgment, as it has not finally disposed of the appeal or part of the .....
Tag this Judgment!Court : Allahabad
..... of land at ro account 283/1 has been increased from 0.809 to 1.809 hects and tractors were financed outside tied up area without obtaining any permission, demonstrates that the petitioner was negligent in sanctioning and releasing the loans ..... at eradicating corruption. the nationalist banks are the prime source and pillars for establishment of socio-economic justice for weaker sections. the employees and officers working in the bank are not merely trustees of the society but also bear responsibility and ..... imputation of misconduct related to abuse of official position as branch manager between 12.5.2004 to 30.5.2005 in extending tractor loans and skcc limit to certain parties in violation of bank loan norms without pre-sanction ..... very discipline of an organisation more particularly a bank depends upon each of its officers and officials acting and operating within their allotted spheres. acting beyond one's authority is by itself a breach of discipline and is a misconduct. the supreme .....
Tag this Judgment!Court : Allahabad
..... the assessing officer was not justified in making reference to the departmental valuation officer, ignoring the retrospective effect of the provisions of section 142a of the act? section 142a was inserted by the finance act, 2004 with retrospective effect from november 15, 1972. the high court, after considering various judgments, was of the view that the ..... lucknow public educational society. it is a society registered under the societies registration act, 1860. during the assessment year 2004-2005, the assessee society also stood registered under section 12a of the income tax act, 1961 (hereinafter referred to as the 'act'). the main activity of the assessee society is running of schools in the ..... for the purposes of valuing the asset and made an addition to the total income as declared by the assessee - society for the assessment year 2004-2005. an appeal was preferred by the assessee society, which was allowed by the commissioner of income tax (appeals) ii, lucknow, by order dated 28. .....
Tag this Judgment!Court : Allahabad
..... the present case it is different being the fact that the plaintiffs were always willing and ready to perform their part of contract in view of section 16 c of the specific relief act and within one year according to clause-2 of the agreement he has given a notice to perform his part of contract with defendants. defendants deliberately ..... law be a substantial one.11. further submission has been made that the appellant being a bonafide purchaser after paying considerable amount, it is hit by section 54 of the transfer of property act, therefore, the appellate court was not justified in reversing the finding, that too without discussing the issue on merit. further in a case of specific ..... sale-deed dated 15.5.2002 executed in favour of defendants no.3 to 6 is liable to be cancelled and various other issues regarding section 61 and 34 of the transfer of property act were also framed.4. the trial court after recording its finding on various issues has recorded a finding that defendants no.3 to 5 .....
Tag this Judgment!Court : Allahabad
..... person claiming co-tenancy right by principle of waiver and estoppel and has held that waiver and estoppel is the basis of second type of bar under section 49 of the act, 1953. section 49 of the act, 1953 provides as under: [49. bar t o civil jurisdict ion.- notwithstanding anything contained in any other law for the time being in force, the declaration ..... bank (1933) a.c.51.) see also thompson v. palmer, 49 c.l.r. 547; grundt v. great boulder, 59 c.i.r.675; central newbury car auctions v. unity finance (1957)1 q.b.371sd.mn25.though estoppel is described as a mere rule of evidence, it may have the effect of creating substantive rights as against the person estopped ..... judgments taking a contrary view. 13. the constitution bench of the apex court in cent ral board of dawoodi bohra community & anr. v. st at e of maharasht ra & anr, 2005 (2) scc 673, laid down that a bench of a lesser quorum cannot disagree or dissent from the view of the law taken by a bench of larger quorum. a .....
Tag this Judgment!Court : Allahabad
..... to participate business carried out by other family members. it was also observed that since the tenant had not made any effort after making of application under section 21 of the act, to search out any alternative accommodation, therefore, thee would be greater hardship to the landlord if the application is disallowed.33. so, keeping in view ..... 4. by order dated 06.08.2008 (annexure no. 1 to the writ petition), respondent no. 2 allowed release application, challenged by way of appeal under section 22 of the act before appellate authority, dismissed vide order dated 10.03.2010(annexure no. 2 to the writ petition), hence the present writ petition.5. sri p.k. ..... alternative accommodation after filing of release application. this case sufficient to tilt the balance of hardship against them vide bhutada v. g.r. mundada 2003 supreme court 2713; 2005(2) arc 899. moreover, rent of rs. 6/- per month which the tenants are paying is virtually as well as actually no rent. by paying such insignificant .....
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