Court : Allahabad
Reported in : AIR1957All297
..... it was contended on behalf pf the state that clause (ee) in section 14 of the act merely deprives a tenure-holder of certain property but it is not an acquisition by the state within the meaning of clause (2) of article 31 and that where this is so clause (24) of article 31 introduced by the constitution fourth amendment act, 1955, saves the impugned provision from being rendered unconstitutional.it was conceded that after the decisions of the supreme court in state of west bengal v. ..... considered the case where land belonging to individual tenure-holders is taken away for the purposes of the entire village community and their lordships observed that having regard to the nature of the economy of the indian villages and patern of village life this process also does not involve the taking away of property within the meaning of article 31, because 'the land will retain the character of shamilat deh or village common ..... under the indian constitution, except as provided in article 14 of the constitution there is no general limitation on the power of the legislature that it will not enact a law contrary to the principles of natural justice. ..... under the indian law the principles of natural justice so far as i can see can be invoked generally in three classes of cases :(a) when it is alleged that a certain person or class of persons have been unreasonably discriminated against, and that the law ..... the doctrine of due process has not been adopted by the indian constitution, a.k. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... council approved of the above passage as giving a correct exposition of the law, and as exactly expressing their own view on the point and further remarked as follows : 'in conclusion, their lordships will only add that the amendments of section 124-a in 1898, the year after tilak's case (d) by the inclusion of hatred or contempt and the addition of explanations 2 and 3 did not affect or alter the construction of the section laid down in tilak ..... their policy, by persons untrained in public speech becoming criticism of the government as such & if such criticism without having any tendency in it to bring about public disorder, can be caught within the mischief of section 124-a of the indian penal code, then that section must be invalidated because it restricts freedom of speech in disregard of whether the interest of public order or the security of the state is involved, and is capable of striking at the very root of the ..... far as such law imposes'' govern not only the immediately preceding words 'prevent the state from making any law' but also the earlier words 'any existing law,' when sub-article (2) was amended, its language also was improved and the sentence was so recast as to make the words 'in so far as such law imposes'' applicable to both the existing law and the law to be made in ..... the bill amending section 124-a, indian penal code was then passed as act iv of ..... connection some of the observations of sir alexander mackenzie lieutenant governor of bengal are also significant. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All488
..... made thereunder by or on behalf of the provincial government or by an officer of the provincial government on behalf of the central government and the circumstances are such as to render the provisions of section 19 (1) of the act applicable, the collector of the district in which such property is situate shall, in accordance with the instructions issued from time to time by the provincial and the central government, determine the amount of compensation paid for ..... apart from it in 1954, section 18 of the land acquisition act was amended for uttar pradesh and a provision was introduced under which even the land reforms commissioner can file an application for a reference being made to the district judge on his behalf in respect of the amount awarded as compensation under section 11 of the land acquisition act with the result that it would be difficult to see how the compensation award can be treated to be a mere ..... view that we are taking finds support from province of west bengal v. ..... meaning which their lordships have given to that word in the two decisions mentioned above.in our judgment, the rationale of these cases is that the award made under section 11 of the land acquisition act is in the nature of an offer and not that it is an offer in the same sense in which an offer is made under rule 4 of the u. p. ..... questions of burden of proof on the basis of the provisions contained in the indian evidence act in our judgment are not applicable to the proceedings before the arbitrator. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All99
..... one year could expire on 27-12-1973 in exercise of the powers conferred by sub-section (2) of section 18-aa read with sub-section (2) of section 18-a of the act, the central government made an amendment in the aforesaid notified order dated 15-1-1973 directing that for the words 'one year' the words 'five years' would be substituted. ..... by the learned counsel for the petitioner in the alternative was that even if it is held that investigation as required by section 15 was not necessary in a case covered by section 18-aa of the act, he urged that the principle of natural justice still applies and that as the petitioner had not been afforded any opportunity of showing cause against taking over of the factory by the central government, the ..... west bengal decided on 17-9-1975 = (reported in air 1976 sc 348) expressed his agreement with ..... as under:--'if the reason given by him only elucidates what is also deducible from the words used in the amended provision, we do not see why we should refuse to take it into consideration as an aid to & ..... (2) that the withdrawal of contribution made by the partners did not amount to diversion of funds within the meaning of section 18-aa of the act hence the ground of appointment of the authorised controller being non-existent, the appointment was contrary to law, (3) that the receiver being the person in charge of the factory on the date of appointment ..... in the statute book by means of the indian parliament act no. ..... 2129 of 1970 indian chambers of commerce .....
Tag this Judgment!Court : Allahabad
Reported in : [1991(63)FLR721]; (1994)IIILLJ589All
..... in this case, the concerned workman, namely ashima nanda banerji was arrested by the government under the west bengal security act and detained in jail from 25.1.49 to 5.4.1951. ..... that the termination of service of a workman brought about for any reason whatsoever would be retrenchment except where the case falls within any of the excepted categories which are as under according to section 2(oo) of the central act:(1) termination by way of punishment inflicted pursuant to disciplinary action;(2) voluntary retirement of the workmen;(3) retirement of the workman at reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a ..... their workman air 1958 sc p.130, in no delphic terms prop up the contention of the learned counsel for the employer but that was also a case pertaining to pre-amendment stage wherein large number of workmen had been arrested by the authorities incharge of law and order by reason of their questionable activities in connection with a labour dispute and their services were deemed to have been discharged ..... court is of no avail to the employer for the reason that the supreme court was concerned with a case of termination of services of a workman effected prior to insertion of section 2(oo) in the central act by the industrial disputes (amendment) act, 1953 with effect from 24.10.53. ..... the observation of the hon'ble supreme court in indian iron & steel company v. ..... , bharat electronics limited 1981 (42) flr 389. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC943; (1999)IILLJ1093All; (1999)1UPLBEC27
..... who commits a breach of these regulation or who displays negligence, inefficiency or indolence, or who knowingly does anything detrimental to the interests of the bank or in conflict with its instructions or who commits a breach of discipline or is guilty of any other act of misconduct, shall be liable to the following penalties : a) reprimand ; (b) delay or stoppage of increment or promotion ; (c) degradation to a lower post or grade or to a lower stage in his incremental scale ; (d) recovery from pay of the whole or part of any pecuniary loss ..... brojo nath ganguli, air 1986sc 1571, west bengal state electricity board v. d. b. ..... probationary period automatically gels confirmation in the post and explained the legal position as under :'whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant service rules relating to probation and confirmation. ..... 10 (2) (a) of prathma bank (staff) service regulations, 1980, read with prathma bank (staff) service amendment regulations, 1982. ..... probationary period and for the state, it was contended that no order of extension of probation was necessary to be made as the process of confirmation was not automatic and even if the two year period as provided in rule 3 (1) of the indian police service (probation) rules. ..... indian tourism development .....
Tag this Judgment!Court : Allahabad
Reported in : III(2003)BC497; (2003)2UPLBEC1760
..... is a company registered under the indian companies act, the respondent, allahabad bank filed an application before debt recovery tribunal, west bengal at kolkata under section 19 of the aforesaid act, claiming a sum of rs ..... copy of the application under section 19 filed before the debt recovery tribunal, west bengal at kolkata dated 17,12.1999 has been filed as annexure-1 to the writ ..... the proceedings are pending before debt recovery tribunal, west bengal at kolkata and the petitioner really wants a writ of prohibition against there proceedings, although that prayer has not been specifically mentioned in the prayer of ..... really claimed by the petitioner in this writ petition is the relief of prohibition to prohibit the debt recovery tribunal, west bengal at kolkata from proceeding with the case before it. ..... prayed for an appropriate writ, order or direction declaring the provisions of rule 6(1) of the debts recovery tribunal (procedure) amendment rules, 2003 as being ultra vires section 19 of the recovery of debts due to banks and financial institutions act, 1993. ..... the petitioner then submitted that we may ignore the prayer for writ of prohibition and we should consider the petitioner's prayer for declaring rule 6(1) of the debts recovery tribunal (procedure) amendment rules, 2003 as being ultra vires section 19 of the act, 1993. ..... made in the petition seeks relief in the shape of a declaration that the act is invalid and is apparently inappropriate to an application under article 32. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1199
..... both these notifications issued under section 4 and section 20 of the indian forest act has become final as the company had not challenged the same in any court of law.3. ..... it is an independent order having been passed to redetermine the surplus land after amendment in the celling act by the amending acts of 1973 and 1976. ..... which is a public limited company incorporated under the companies act having its registered office at 22, chitranjan avenue, kolkata in the state of west bengal, (hereinafter referred to as the company) claims itself to be the bhumidhar of a vast track of land in tehsil nagina district bijnor. ..... for proceedings under the amending act of 1973 or 1976, would mean redetermination in the light of the amendments in the ceiling limit and the exemptions in respect of the holding of the petitioner as on the date of the amending act in the present case but for the order dated 30.7.1976 the holding of the petitioner could not be 2605 bighas 7 biswas. ..... so far as the reduction in ceiling limit under the ceiling act by subsequent amendment of 1973 and 1976 is concerned, he submitted that merely because in the order dated 29.11.1976 passed by the prescribed authority the ceiling limit has been reduced from 40 acres (as in 1962) to 18 acres (as in 1976), it would not mean that the proceedings were taken afresh after the coming of the amending acts. ..... he further submitted that under section 3 of the forest act as amended by u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2843
..... panchayat and zila panchayat adhiniyam is irrelevant for the purposes of running the saw mills under the provisions of the indian forest act and the; rules framed thereunder therefore, the authorities below were justified in passing orders dated 16.9.1998 and ..... rana (2004) 4 s.c.c-129, the apex court has held as under :-'the state legislature of west bengal has inserted the said provisions (relating to seizure and confiscation) with a laudable ..... state legislature amended the act by addition of section 51a provided for regulatory powers in respect of manufacture of articles bailed on forest produce and for making rules in respect ..... establishment and regulations saw mills (second amendment) rules 1998 within a month the same shall be disposed of expeditiously keeping in view the directions issued by the supreme court in this regard.sd/- ..... the problem of law-making and amending is a difficult task ..... legal position has changed after the amendment made in the rules in 1998 and on the own showing of the department the petitioner had complied with all requisite formalities of law as is evident that he was neither convicted nor prosecuted under section 77 of the act. ..... of saw mills rules, 1978 (hereinafter referred to as 'the rules') were amended in 1998 by notification dated 26.6.1998.5. ..... what was being disposed of by him was an application/representation to permit him to run the saw mill and did not apply his mind as to whether his application could be allowed under the amended rules or not. .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]145STC505(All)
..... the case of bal govind bhola nath construction corporation, allahabad (supra), this court has followed the aforesaid decision in the case of m/s trade link india (supra) and has held that under section 29 of the act a period of 90 days has been provided in order to enable the trade tax authorities to make verification of the claim of refund and that is why the interest starts running when the refund is not made within ..... the order passed by the joint commissioner (appeals), wherein the appeals filed by each of the petitioners have been partly allowed, the respondents have filed second appeals under section 10 of the act before the trade tax tribunal, bench iii, allahabad on 15.5.2004, which are still pending and as the matter is sub judice, the question of grant of refund pursuant to the appellate order does ..... and arbitrarily deprived of their lawful claim, for the refund of the amount which they have paid in excess over what was actually due and payable under the act and further the respondents have also illegally, arbitrarily and without authority of law denied the interest on the amount of refund to the petitioners. ..... case of commissioner of income tax, west bengal i v. ..... in view of the amendment made the obligation to pay interest did not arise merely because there was some order by the assessing authority or any other competent authority by virtue of which the amount has eventually to ..... the amendment contemplated a specific order of refund by the assessing authority or by any .....
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