Court : Allahabad
..... 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 ..... court while recording its finding on the comparative hardship has placed reliance on two 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 ..... issue as to comparative hardship against the tenant and ordered his eviction." 33. in the case of salim khan v. ivth additional district judge, jhansi and others , 2006(1) arc 588 has held as under:- "in respect of comparative hardship, tenant did not show what efforts they made to search alternative accommodation after filing of release .....
Tag this Judgment!Court : Allahabad
..... under is required. once that be the case, the notification issued by the central government in exercise of its power under section 3 of the environment act and other provisions, the notification of 14.9.2006 would also be applicable to mining leases in respect of sand / silica. the settled law is that a grant of renewal ..... of minor minerals, has directed environmental clearance in terms of notification dated 14.9.2006.16. the notification dated 14.9.2006 has been issued in exercise of powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986, read with clause (d) of sub-rule (3) of rule ..... violation of notification no. s.o. 1533, dated 14.09.2006 issued by the ministry of environment and forest, government of india, in exercise of powers under sub-section 1 and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 (hereinafter referred to as environment act) read with clause (d) of sub-rule (3) .....
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 ..... supreme court 2713; 2005(2) arc 899 , the said authority has been followed by this court in salim khan v. ivth additional district judge, jhanshi and others , 2006(1) arc 588 wherein it is held is under:-" in respect of comparative hardship , tenant did not show what efforts they made to search alternative accommodation after filing of release .....
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..... same high school institution. one smt. krishna rehlan is stated 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 ..... . has been subject matter of consideration before the hon'ble supreme court in the case of mohd. sartaj and others vs. state of u.p. and others, reported in 2006(2) scc 315 and it has been specifically held that the degree of b. ed. is not equivalent to j.t.c., b.t.c., h.t.c. etc ..... . the director, 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. u.p .....
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..... 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 ..... therefore, set aside the recovery notice..15. to the similar effect, a reliance was placed on a judgment in ashok mahajan vs. state of u.p. and other, (2006) 10 scc 332. from the above, it would be clear that when the notice was issued, the company had its assets which would have been only sold off consequently, .....
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..... 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 ..... 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 ..... vigilance enquiry was concluded and the report was submitted, the asstt. general manager (personnel) issued notice dated 29.9.2006 calling upon the petitioner to submit his reply with regard to allegations mentioned therein. the petitioner had submitted a detailed ..... in disbursing loans. he had failed to discharge the duties with utmost integrity, honesty, devotion and diligence. he acted in a manner unbecoming of an officer of the bank by abusing his official position as branch manager of naogaon .....
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..... v. m/s. rohtas projects ltd., income tax appeal no. 26 of 2006, decided on 23.02.2006. in the said case, the court found that the tribunal had not considered the provisions of section 142a of the act which was introduced by finance act no. 2 of 2004 with retrospective effect. this again really has not answered ..... 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 issue. 15. the issue for consideration is, whether the assessing officer, under section 142a .....
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..... 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 .....
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..... the judgment of the learned single judge reported in jagdeo & anr v. deputy director of consolidat ion, allahabad & ors, 2006 (101) rd 216, to urge that the claim of the respondent no.3, was barred by section 49 of the act, 1953. 4. the learned single judge while hearing the writ petition expressed his disagreement with the view expressed in jagdeo's ..... 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 ..... 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, .....
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..... 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 ..... nothing to show any real efforts were made by the tenant to find another accommodation despite the fact that application for release has been moved in the year, 2006, argument advanced by sri p.k. khare, learned counsel for the petitioner in this regard are rejected.34. further, in the instant case, the prescribed authority ..... as to comparative hardship against the tenant and ordered his eviction." 31. in the case of salim khan v. ivth additional district judge, jhansi and others , 2006(1) arc 588 has held as under:- "in respect of comparative hardship, tenant did not show what efforts they made to search alternative accommodation after filing of release .....
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