Court : Allahabad
Reported in : AIR2005All280; 2005(4)AWC3862H; 2005(4)ESC2423
..... taking into consideration the suggestions placed before us by the learned attorney general, we pass the following order :--'(1) it is submitted that till the central government constitutes a statutory agency as contemplated by section 3 of the environment (protection) act, 1986 it is necessary and expedient that an authority be constituted at the national level to be called central empowered committee (hereinafter the 'empowered committee') for monitoring of implementation of hon'ble court's order and to place the non ..... this writ petition has been filed for quashing the order dated 6th april, 2005 which has been passed by the regional director, samajik vaniki van prabhag, fatehpur (hereinafter referred to as the 'regional director') rejecting the application filed by the petitioner for grant of saw mill ..... such being the position, there is no infirmity in the order dated 6th april, 2005 passed by the regional director rejecting the application filed by the petitioner for grant of saw mill license.the writ petition is, accordingly ..... the petitioner in person has assailed the order dated 6th april, 2005 contending that once the petitioner was permitted to deposit the licence fee, the respondents could not have refused the grant of the licence and in any view of the matter, the order of ..... the court by means of the judgment and order dated 28th january, 2005 set aside the order dated 24th june, 2004 and remanded the matter back to the regional director to decide it afresh in accordance .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All246; 2005(2)AWC2017; III(2005)BC398; 2005(3)ESC1847
..... malice in fact is quite a different thing; it means an actual malicious intention on the part of the person who has done the wrongful act, and it may be, in proceedings based on wrongs independent of contract, a very material ingredient in the question of whether a valid cause of action can be stated. ..... it is in order to test the bonafide of the petitioner that on the suggestion of the learned counsel for the financial corporation, we had passed the order on 5.1.2005 quoted herein above and which has been complied by the petitioner by making a deposit of rs. ..... 50,00,000/- (fifty lacs) by way of bank draft with the registrar general of this court on or before 6.2.2005 to which the learned counsel for the petitioner has no objection.'5. ..... 10 lacs each as per our order dated 5.1.2005 by the petitioner shall forthwith release the same in favour of the petitioner.64. ..... thereafter, the matter was heard on 17.1.2005, on which date this court directed shri p.s. ..... 3 and shri ravi kiran jain, assisted by shri mayank agrawal, concluded the argument on 24.2.2005 on behalf of the respondent nos. ..... the case was again heard on 20.1.2005 and 24.1.2005 and thereafter the arguments were concluded by shri ravi kant, learned senior advocate, for the petitioner assisted by shri swapnil kumar on 23.2.2005. ..... the matter was taken up on 5.1.2005 and after hearing the parties, this court in order to ascertain the bonafide of the petitioner on the objections raised by the counsel for the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1119; 2005(3)ESC1642
..... air 1999 sc 577.section 1 of the judicial officers' protection act, 1850 reads as under:-'no judge, magistrate, justice of the piece, collector or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty....'16. ..... it was found necessary to enact the said act to enable judges to act fearlessly and impartially in the discharge of their judicial duties. ..... such a wide immunity has been conferred on judicial orders, so that they may act fearlessly, impartially and with full sense of security. ..... a person in judicial service is liable for the consequences if he acts outside the scope of his judicial service. ..... where an authority is required to act judicially, either by an express provision of the statute under which it acts or by necessary implication of the said statute, the decision of such an authority generally amounts to quasi-judicial decisions. ..... the term 'judicial' extends to the acts and order of a competent authority which has a power to impose the liability or to give a decision determining the rights and liabilities of the parties upon consideration of facts and circumstances. ..... prakash chand : 1998crilj2012 , the hon'ble apex court observed as under:-'even otherwise, it is a fundamental principle of our jurisprudence and it is in public interest also that no action can lie against a judge of a court of record for a judicial act done by the judge. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2201; 2005(3)ESC2006
..... the prescribed authority on the receipt of the said documents shall decide the dispute strictly in accordance with the registered bye-laws of the society and the provisions of the societies registration act, 1860 after affording opportunity of hearing to the parties concerned by means of a reasoned speaking order, preferably, within six weeks from the date the records are received in the office of the prescribed authority . ..... however, this court cannot lose sight of the fact that, as to whether setting aside the order dated 3rd january, 2005 passed by the registrar will have the effect of the restoring another illegal order passed by the assistant registrar dated 22nd january, 2004.15. ..... in such circumstances, this court has no hesitation to hold that the orders dated 3rd january, 2005 passed by the registrar, firms, societies and chits, lucknow and the dated 22nd january, 2004 passed by the assistant registrar, firms, societies and chits, varanasi are patently illegal and unsustainable in the eyes of ..... its alleged president baba siddharth gautam ram as well as its alleged secretary sri udai bhan singh has filed this writ petition against an order dated 3rd january, 2005 passed by the registrar, firms, societies and chits, lucknow, whereby he has held that sri s.p. ..... in support of the said contention the petitioner has placed reliance upon the judgment of this court reported in 2005 (1) awc 580 : (committee of management shaoul uloom educational society, karmaini, azamgarh and anr. v. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2026
..... this is a petition for issuing a writ of certiorari quashing the impugned charge-sheet dated 22/25/1.2005 and the suspension order of the same date as contained in annexure-1 to the writ petition.2. ..... the next charge is that he has not taken possession of the land acquired under the urban land ceiling act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2871; 2005(3)ESC2123
..... posetty, : (2000)2scc220 , the hon'ble supreme court held that sense of propriety and acting in derogation to the prestige of the institution and plating his official position under any kind of embarrassment may amount to misconduct as the same may ultimately lead that the delinquent had behaved in a manner which is unbecoming of an ..... : (1992)1scc707 has issued certain directions for making the amendment in the act and the rules to confer the power of superintendence of state and national commission. ..... , , and examining the statutory provisions of the consumer protection act, 1986 (hereinafter called the act) and consumer protection rules 1987 (hereinafter called the rules), the court came to the following ..... 2 has already retired, we quash the order dated 25.5.2005 (ann.2) only to that extent in respect of the petitioner no. 1 ..... a case where the allegations of mala fide and corrupt practice have neither been alleged nor revealed white issuing the charge -sheet, the delinquent employee may be held guilty of misconduct, in case the officer acts without restraints jeopardising the interest and rights of other party.12. ..... consumer protection (7th amendment) rules, 2005 which came into force on 14.2.2005. ..... this writ petition has been filed for quashing the order dated 25.5.2005 (ann. ..... it is evident that the state government has not yet passed suspension order because of the interim order passed by this court on 9.6.2005. ..... 2 who was the president of the forum stood retired on 11th july, 2005. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2631; 2005(2)ESC1125
..... to the court to interfere in case of suspension as it is in the exclusive domain of the competent authority who can always review its order of suspension being an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for ..... supreme court has considered the issue at length and held that an authority, higher than the authority competent to remove or dismiss or reduce in rank, can grant the sanction of prosecution under the provisions of prevention of corruption act, 1947 for the reason that article 311 of the constitution guarantees that the authority to remove should not be subordinate to that by which he was appointed. ..... the impugned suspension order dated 17.02.2005 (annex. ..... intact and has not been changed till today and no order has been placed on record to show to the contrary, therefore, the hon'ble minister, though appointed as a chairman of the nigam, could not act as a managing director also. ..... supply and sewerage act, 1975, hereinafter called the 'act 1975'. ..... this writ petition has been filed for quashing the impugned suspension order dated 17.02.2005 (annex. ..... a suspension order can be passed in view of the master and servant relationship, nor it can be passed in exercise of the provisions of article 21 of the general clauses act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3127; 2005(3)ESC1742
..... by the learned counsel appearing for the respondents as under what circumstances and by what authority of law, any objection could be entertained for inclusion or exclusion of the names in the voter list after 8th march, 2005 and even if the direction has been issued by the election commission in contravention of the statutory rules, that cannot be given effect to. 9. ..... the court on the application moved by him, filed objections for exclusion of the names of the petitioners and their three children on 13.03.2005 no notice had ever been served upon any of the petitioners or their children opportunity of hearing had ever been given to them. ..... or on its own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to get registered should be added in the electoral roll it shall, subject to the provisions of this act and rules and orders made there under, correct, delete of add the entry, as the case may be. ..... sc 1942, has observed as under:- 'it is hardly necessary to mention that if there is a statutory rule or an act on the matter, the executive must abide by that act or rule and it cannot in exercise of its executive powers under article 162 of the constitution ignore of act contrary to that rule or the act. ..... in this regard is prescribed under the act, 1947 and rules, 1994. ..... panchayat raj act, 1947 (hereinafter called 'the act 1947') nor ..... section 9 of the act, 1947 deals with the procedure 'for preparing the electoral roll for .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1631
..... contended that, the order of the chancellor was justified in the facts and circumstances of the case; that the conditions precedent for giving the substantive appointment under section 31 (3) (b) of the act were not satisfied at all as a result of which the executive council could not have given the substantive appointment to the petitioner; that the appointment of the petitioner had not been made ..... been filed along with the writ petition and which is in relation to the appointment made as a guest lecturer does not satisfy the requirement of the provisions of section 31(10) of the act since the said notice was merely pasted on the notice board of the institute and was never published in any newspaper much less in three issues of two newspapers having adequate circulation in uttar ..... the case of yogendra singh rawat (supra) where a division bench of this court while considering the scope of the provisions of section 31(3)(c) of the act observed as follows :'however at the same time we cannot lose sight of the fact that we are dealing with the field of education which is an act or process of providing with knowledge, skill and competence by a formal course of study and these ad hoc lecturers are claiming substantive appointment in an university ..... the chancellor by his order dated 19.1.2005 by setting aside the substantive appointment of the petitioner and it is this order dated 19.1.2005 which has been impugned in the ..... for quashing the order dated 19.1.2005 of the chancellor of the .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)197CTR(All)366; [2005]277ITR320(All)
..... the meantime, to pre-empt the petitioner from seeking interim relief from the cit(a) before whom it had filed an appeal along with an application for grant of stay on 4th april, 2005, garnishee proceedings under section 226(3) of the act were initiated on 6th april, 2005 and on 7th april, 2005, without even serving the notice upon the petitioner, a huge sum of rs. ..... . in the case of the petitioner itself reported in : [2005]273itr113(all) (supra), this court has quashed the notice issued under section 148 of the act seeking to reassess the income by withdrawing the exemption under section 80p(2)(a)(i) of the act by following the decision of the apex court in the case of karnataka state co-operative apex bank ..... on receipt of the assessment order and the notice of demand, the petitioner moved an application on 30th march, 2005, before the cit, aligarh, purporting to be under section 226(3) of the act for stay of demand which was rejected by the addl. ..... 1 issued notices on 6th april, 2005, under section 226(3) of the act to the branch manager, clearing account, state bank of india, farrukhabad and the current account in the state bank of india, ..... further been stated that the action under section 226 of the act has been taken in a hasty manner without serving any notice on the petitioner which was served only on 11th april, 2005, whereas a huge sum of rs. ..... 1, on 5th april, 2005, purporting to be under sub-section (6) of section 220 of the act was still pending and no orders have been .....
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