Court : Allahabad
Reported in : AIR1976All99
..... without investigation under certain circumstances-- (1) without prejudice to any other provision of this act, if, from the documentary or other evidence in its possession, the central government is satisfied, in relation to an industrial undertaking, that- (a) the persons in charge of such industrial undertaking have, by reckless investments or creation of incumbrances on the assets of the industrial undertaking, or by diversion of funds, brought about a situation which is likely to affect the production of articles manufactured or produced in the industrial undertaking, and that immediate action is necessary to prevent such a situation; or (b) it has ..... the petitioner firm has asserted that this appointment is wholly illegal and without jurisdiction, therefore, the initial appointment order dated 15-1-1973 and thereafter its extension dated 27-12-1973 are liable to be quashed.3. ..... west bengal decided on 17-9-1975 = (reported in air 1976 sc 348) expressed his agreement with the view taken by hon. ..... 2130 and 2131 of 1970 decided on 28-8-1975 = (reported in air 1976 sc 10). .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2625; (2000)3UPLBEC2641
..... the issue of such notification that house or assembly shall be deemed to be duly constituted : provided that the issue of such notification shall not be deemed : (a) to preclude : (b) (i) the taking of the poll and the completion of the election in any parliamentary or assembly constituency or constituencies in which the poll could not be taken for any reason on the date originally fixed under clause (d) of section 30 ; or (ii) the completion of the election in any parliamentary or assembly constituency or constituencies for which time has been extended under the provisions of section 153 ; or (c) to affect the duration of the house of the people or the ..... or less similar provision exists in article 83(2) and article 172(1) of the constitution of india, pertaining to duration of house of the people and legislative assemblies of state, which are reproduced as under: 83 ..... to arrive at the real meaning it is always necessary to get an exact conception of the aim.scope and object of the whole act to consider what was the law before the act was passed, and what was the mischief or defect for which the law has not provided and the third, of the remedy the parliament has appointed, and fourth, the reason of the remedy (maxwell, pp ..... is an extension ofthe principle that when twointerpretations are possible onerendering it constitutional andthe other making itunconstitutional, the formershould be ..... 37 of 1976, which came into force on may 1, 1976, which deals with the temporary arrangement in .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2829
..... 1989 supp (2) scc 412 but the special leave petition was dismissed with a rider that the leases will be granted subject to the provisions of urban land (ceiling and regulation) act, 1976. ..... therefore, as per such ratio the wide amplitude of the executive power issued time to time in respect of conversion of the leasehold land to freehold land or for extension of leasehold period cannot be circumscribed by solitary government order dated 10th may, 1995 only for the purpose of conversion of lands and buildings allotted on lease under the scheme of awas evam vikas parishad and development authorities. ..... those were acquired in and around the year 1965 and are presently occupied by bahuguna market (commercial complex), residential plots and flats initially given on lease for a duration of 90 years and subsequently the plot(s)/land(s) were converted into freehold, by allahabad development authority, allahabad at the rate of 12% of the land valuation (i.e. ..... in any event where the dispute is with the state, there is every possibility of biasness on the part of the housing department (awas vibhag), state of u.p. ..... we are of the view that there is no basic difference of treatment in between two sections of people in transferring the land from leasehold land to freehold land. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
..... the question of disqualification for further contesting the election is provided under the representation of the people act (hereinafter called the '1951 act'), provided the election petition was based on the ground of corrupt practices under section 123 of the 1951 act, and not in any other case. ..... the petitioner submitted her reply to the said charge that the house was in dilapidated condition; no repairing had taken place for the last 30 years; the issue was raised before the committee which had approved the repairing and then the resolution was passed by the panchayat sadan in the general house. ..... kangan, : [1976]1scr369 , whether a provision is mandatory or directory, would, in the ultimate analysis, depends upon the intent of the law-maker and that has to be gathered not only from the phraseology of the provision but also by considering its nature, its design and the consequence which would follow from construing it in one way or the other.73. ..... this charge was in respect of extension of time to deposit a sum in respect of an auction held on 30.09.2004 and as the money could not be recovered in time, the zila panchayat suffered a loss.150. ..... the procedure provided under the rules is extensive and defines every step to be followed. ..... however, we find that in spite of these extensive statutory rules, authorities have miserably failed to live up to these objectives, even though they have been reminded to adhere to objectivity in such matters. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All147
..... knowledge or experience (a) any special knowledge or experience in mining operations possessed by the in mining operations possessed by the applicant; applicant;(b) the financial resources of the appli- (b) the financial resources of the applicant; cant;(c) the nature and quality of the technical (c) the nature and quality of the technical staff employed or to be employed by staff employed or to be employed by the applicant; the applicant;(d) the conduct of the applicant in carry- (d) the conduct of the applicant in carry- ing but mining operations on the ba- ing out mining operations on the basis sis of any previous lease or permit of any previous lease ..... the preference extended is clearly saved under article 15(4) of the constitution inasmuch as neither the parliament has intended to prohibit the extension of any such benefit under the 1957 act nor is the state government prohibited from making any such rule under section 15 of the said act. ..... he has questioned the wisdom of the state government in extending preferential rights to traditionally engaged people on the ground that such a reservation has absolutely no nexus with the object of development of mines and minerals indicated in the preamble of the mines and minerals (regulation and development) act 1957. ..... the state of kerala, air 1976 sc 2381 (paras 20 & 21). .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC593; (1998)1UPLBEC587
..... this is because of the moral authority of the courts and the confidence the people have in the role of the court to do justice between rich and poor, mighty and weak, state and citizen, without fear and favour. ..... under the various reports of the law commissions and the recommendations of other committees, it has been opined that a civil case which would include a civil suit, as well as the cases under a special act should be treated 'old' if a period of one year elapses since the date of its registration till the pronouncement of the final judgment in the case. ..... concern shown by the court in the matter of expeditious disposal of old cases is evident from the following letters, which are being quoted in extension with a view to remind the presiding officers of their existence:i.c.l. no. ..... dulhan janki devi and others, (1976) 2 scc 286, in which the prayer for remanding the case to the trial court was rejected. ..... 2 and 3 for partition of the share of the plaintiff-petitioners in houses, seventeen in number, situate at jatipura ward varanasi and the grove land situate in village kazi saidullapur and other plots of land in village alampur varanasi. ..... the presiding officers should adopt such means as may lead minimise the duration of disposal of cases. ..... duration of pendencyof cases less than 6 months old61032months old1 to 3years old3 to 10years oldover 10 years oldgrand total1. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4702
..... there are a number of houses adjacent to the house of the two appellant from whom the recovery of ballam and axe is alleged by the prosecution. ..... our attention has been drawn that the information given by the sister regarding the assemblage of the appellants at ratan modley's house and statement that let us kill the two is not there in his statement to investigating officer. ..... he has stated in his cross-examination that he had seen gorey lal, gulab rani and gajraj attempting to save the two deceased and after murder of the two deceased gulab rani and gajraj had informed that they had come out from gorey lal's hut. ..... in our opinion having arrived at the conclusion that the incident had occurred as alleged by the prosecution and in the manner stated by the witnesses, we still have to examine the probability of participation of 44 persons in the incident, out of whom two persons were armed with gun. ..... he had also arrested some of the appellants on 5-5-1976 and effected the recovery of blood stained ballam from darbari's house. ..... they were entitled to get the benefit under the children act and in the last the defence counsel argued that the evidence is partly reliable and partly not reliable. ..... while they were quenching their thirst his sister phoolbai came there and told them that in the baithak of modely people have gathered with guns, lathis, ballams and axes. ..... the medical opinion is that the duration of the injuries was about a day. ..... the fractures were extensive. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)2UPLBEC1588
..... in the lease deeds executed by the kda in favour of the wholesellers it was specifically provided that since the kda had resolved that the sabzi mandi should be shifted from the crowded area of the city on the land set apart for allotment to such dealers at southern city extension scheme no. ..... the judiciary must, therefore, exercise self restraint and eschew the temptation to act as a super legislature or a court of appeal sitting over the laws validly made by the legislature or the executive (as delegated legislation) or as a third house of parliament. ..... it must, never be forgotten that the legislature has been elected by the peoples while judges are not, and in a democracy it is the people who are supreme. ..... it is further alleged that even if the resolution was passed by the kda in the year 1976 to organize fruits and vegetables markets in 'o' block, qidwai nagar, kanpur that has outlived its utility since the business has grown many times and kanpur city has grown many times. ..... the kanpur development authority is making genuine efforts to spare 50 acres of land on the by-pass and there is every possibility of getting the land within a short duration. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All260
..... that the occupation of the house by the incharge, training-cum-extension centre was unauthorised and illegal; that the property was occupied by the state of uttar pradesh and the said centre had no independent existence apart from the state. ..... alleged thatthe stipulated period of five years having expired, the further occupation of the house by the incharge, training-cum-extension centre, vikasnagar, has become unauthorised and illegal. ..... act xiii of 1972 had not become applicable when the suit was instituted in 1974 as 10 years had not expired from the date of the completion of its construction, and even if that act became applicable at any time during the pendency of the suit in the trial court or in the lower appellate court or in this court, the necessary application under section 39 ..... duration of certain leases in absence of written contract or local usage :-- in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of eitherlessor or lessee, by fifteen ..... ' the date put by the officer who signed as joint director industries under his signatures, appears to he 1-9-1976, though the figure 1976 is ..... 1976 .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2024; (2000)2UPLBEC1230
..... he is alleged to have received startling information with regard to the rampant corruption amongst high officials of the thdc inasmuch as, on account of repeated extensions of the validity of the price bids and undue delay caused by thdc in opening the bids, the original bids have lost relevance and it has become possible to lower the price of the said bids due to drastic global changes in the market all over the world and the liberal economic policy pursued by india. ..... the antecedents of nand kishore nauliyal clearly indicate that he is a public spirited person--a journalist of long standing and repute having past record of service to the society, in general, and to the people of uttrakhand, in particular. ..... air 1976 sc 578, adopted a very cautious approach by observing that those persons who are merely busy body or meddlesome interloper masquerade as crusaders for justice, they pretend to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect. ..... 'wednesbury principle of reasonableness' to which a reference has been made by the apex court in tata cellular case (supra), is a decision in associated provincial picture houses ltd. v. ..... trafalgar house construction. .....
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