Court : Allahabad
..... provides differently. hence, we are disposed to adopt the rule in claims for compensation made in respect of motor accidents. "no fault liability" envisaged in section 140 of the mv act is distinguishable from the rule of strict liability. in the former the compensation amount is fixed and is payable even if any one of the exceptions to ..... final amount awarded by the tribunal. therefore, these two are resting on two different premises. we are, therefore, of the opinion that even apart from section 140 of the mv act, a victim in an accident which occurred while using a motor vehicle, is entitled to get compensation from a tribunal unless any one of the exceptions would ..... of the truck, driving license, payment of deposit of tax, registration papers, insurance cover, copy of judgment dated 18th october, 2004, copy of order dated 8th april, 2005 were filed. d.w. 1 alimunnishan gave oral evidence. 7. while deciding issue no.1, the tribunal held that the version of the driver of the truck should .....
Tag this Judgment!Court : Allahabad
..... to certain teachers who were not legally appointed in school. hence, an order was passed by dbsa on 19.9.2003 under section 5 of 1978 act for single operation of accounts which was communicated by finance and accounts officer, basic shiksha, jaunpur by his letter dated 1.10.2003. dbsa also authorized one shashi kumar mihsra, assistant ..... connected writ petition nos. 48251 of 2004, 50619 of 2003 and 43710 of 2001 have since become infructuous as the elections by the petitioner held on 5.1.2005 have been recognized by the basic shisha adhikari and the certificate of registration was renewed in his favour. in case the respondent no. 3 was aggrieved by ..... societies and chits to transmit all the papers pertaining to the elections pleaded by respondent no. 1 dated 5th october, 2005 and that pleaded by the appellant dated 23rd february, 2006 to the prescribed authority under section 25(1) within two weeks from the date a certified copy of this order is filed before the assistant registreare, firms .....
Tag this Judgment!Court : Allahabad
..... secured creditor, so much of the money as is sufficient to pay the secured debt." 16. the power of the district magistrate has been invoked under section 14 of the act, 2002 which section is also relevant and is quoted below:- "14. chief metropolitan magistrate or district magistrate to assist secured creditor in taking possession of secured asset.- (1) ..... the sa no. 18 of 2006 was dismissed by the tribunal. the bank, after passing of the said order of the tribunal, filed an application under section 14 of the act before the district magistrate, allahabad for taking possession. the district magistrate passed an order on the application submitted by the bank on 15.2.2010 directing for ..... by the respondents no. 2 & 3. 4. brief facts of this case which have emerged from the parties are; that the petitioner no. 1 has been extending finance facility to the customers from its various branches including petitioner no.2. cash credit facility was granted to the respondent no. 2 for an amount of rs.4,00 .....
Tag this Judgment!Court : Allahabad
..... counter affidavit, which indicate that the petitioners themselves had paid the licence fee for certain years. the municipal board has also filed notice, demanding the licence fee under section 168 of the act, as annexure-c.a.8 to the counter affidavit. 13. a perusal of the bye-laws annexure-c.a. 4 indicate that the bye-laws had fixed ..... income of the municipal boards. the nagar panchayat raya thus, in compliance of the said government order dated 16.12.1997 and in accordance with the provisions of section 298 (1) of the act, has framed the bye-laws with regard to certain items including licence fee. thus, the submission of the learned counsel for the petitioner that bye-laws have ..... in the u.p. gazette dated 6.10.2001, copy of which has been filed as annexure-4 to the counter affidavit, which is in compliance of section 301 of the act. the government order dated 16.12.1997 has been brought on record as annexure-1 to the counter affidavit, which directs all the municipal boards to enhance the .....
Tag this Judgment!Court : Allahabad
..... petitioner was not placed before the advisory board within time and there was inordinate delay without any proper explanation, which was violation of mandatory provisions of section 10 of national security act. 18. in case of mahesh kumar chauhan @ banti (supra) it was found by the hon'ble apex court that there was absolutely no ..... processed and put up before the minister of state for revenue, who considered and rejected the same on september 15, 1989 subject to the approval of the finance minister's office and the memorandum was issued on september 19, 1989 rejecting the representation. in that case except merely mentioning that the representation was forwarded ..... lincola singh @ nicolai, it was contended on behalf of detenu that representation was made on 12.10.2005 and it was received by the central government on 31.10.2005. the representation was rejected on 29.11.2005. the high court accepted the plea that there was unexplained delay. according to counsel for the central government .....
Tag this Judgment!Court : Allahabad
..... 1958 sc 341(p. 346) 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 ..... 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 ..... no. 3 to the extent of the case of srikant tripathi (supra). however, maintained other directions vide judgment dated 13. 9. 2010. in civil appeal no. 1312 of 2005 (ashok pal singh & others. v. u. p. judicial services association & others) and other connected appeals. 25. while deciding the case of ashok pal singh (supra), .....
Tag this Judgment!Court : Allahabad
..... disputes as to membership or disqualification. (i) if any dispute arises as to whether a particular person is a member of zila panchayat under clause (a) of section 18 the dispute shall be referred in the manner prescribed to the state government and the decision of the state government shall be final and binding.(2) if ..... under article 226 of the constitution.ii)grounds on which election of the returned candidate of a gram panchayat/zila panchayat can be challenged under haryana panchayat raj act and relevant rules.24. after answering 1st question about the scope of judicial review by the high court, so far second question pertaining to ground on which ..... u.p. kshettra panchayat and zila panchayat adhiniyam, 1961 and u.p. zila panchayat (settlement of disputes relating to membership) rules, 1994 hereinafter referred as the act/rules to challenge the election of an elected member of zila panchayat, the election petition for the purpose may not be entertainable.5. it was then submitted that .....
Tag this Judgment!Court : Allahabad
..... election within six weeks. 5. pursuant to the aforesaid judgment and order of this court dated 23rd april, 2008, the joint director of education appointed the finance and accounts officer in the office of the district inspector of schools as the prabandh sanchalak and he was directed to hold the election of the committee of ..... is one of the contesting parties and even without considering the other documents on record. the court also came to the conclusion that under the societies registration act, 1860 the assistant registrar is required to register the list of office bears of the committee of management only and not the list of members. moreover, ..... in the district of jaunpur (hereinafter referred to as the institution) is a recognised institution and is governed by the provisions of the u.p. intermediate education act, 1921 and other allied statutes. it is managed by a committee of management constituted under the approved scheme of administration. in the scheme of administration the term .....
Tag this Judgment!Court : Allahabad
..... to interfere with the order. 11. shri umesh vats submits that the petitioner has been a sincere employee of the company for 22 years. the vehicle in question was financed to m/s pawan automobiles and was covered by the cover note issued on 16.9.2000 by authorised agent ms. asha devi. he submits that m/s asha devi ..... 14/10/03 stands proved in totality." 9. the petitioner was given a show cause notice on 6.2.2006 with a copy of the enquiry report dated 23.12.2005. he submitted his reply on 22.2.2006. the disciplinary authority, in the impugned order imposing punishment of reduction in basic pay by 10 steps in the time scale, ..... d), branch office, deoria under divisional office, gorakhpur of the insurance company. he was served with a charge sheet for having failed to maintain absolute integrity, devotion of duty and acting grossly negligently in a manner, which was prejudicial to the interest of the company. in the imputation of misconduct in support of the charge it was alleged that shri s .....
Tag this Judgment!Court : Allahabad
..... by rights or wrongs of a cause, but by the prospects of monetary gains or other selfish considerations." 51. in the context of the prevention of corruption act and section 161 indian penal code the courts were mainly concerned as to when it can be said to be an offence and that is how it has been interpreted ..... v. rajagopala ayyer, air 1956 mad 613; and, bishambhar lal v. state of punjab air 1966 punj 175). 52. in general the well accepted meaning of corruption is the act of corrupting or of impairing integrity, virtue, or moral principle; the state of being corrupted or debased; lost of purity or integrity; depravity; wickedness; impurity; bribery. it ..... its performance........" 17. this also includes within its ambit the conduct of the parties whether the petitioner has approached this court with clean hands, whether the parties are acting bona fide, whether some kind of illegal and unlawful, if not by apparent, collusion apparent in the matter, but then something with an aim and object to .....
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