Court : Allahabad
Reported in : AIR2009All14; 2008(4)ARBLR432(All); 2008(4)AWC3807
..... also article 21 or the uncitrai arbitration rules. this rule gives authority to the arbitral tribunal to decide its own jurisdiction. section 16 has recognized the general trend of modem national legal systems and the international conventions, which allows an arbitral tribunal to determine its own jurisdiction by this provision the court has been allowed to remove the impasse.21. the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1640
..... commissioner and collector, aligarh, the petitioners have impleaded dr. smt. gyanwati, president, mahila kalyan nigam, aligarh and shri ajit singh son of late chaudhari charan singh, member of parliament and national president of indian lok dal, new delhi as respondents. it has been pleaded that consolidation operation was going on peacefully in the village gharbara. certain influential persons (bhoo mafias) pressurized ..... and 5 first. in para 6 of the writ petition it has been stated that smt. gyanwati, the president of mahila kalyan nigam, sister of ajit singh, m. p. and national president of indian lok dal, new delhi wrote a letter to the consolidation commissioner to cancel the notification. the existence of the said letter has not been disputed in the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... road traffic board, madras : air1948mad400 , with which decision i respectfully agree.355. again the fact that government has taken over the routes with the intention of nationalizing motor transport service and of ousting everybody else from the field, is also not a consideration which is covered by clause (c) of section 47 (1), or ..... any particular political or social programme by any party in power through the democratic process, i, e,, through the process indicated in the constitution itself in australian national airways ltd. v. commonwealth, vide 71 commonwealth law rep,, 20 at p. 85, dixon j. observed :'we should avoid pedantic and narrow constructions in ..... s ed. as john marshall's complete decisions):'certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the legislature repugnant to the constitution is void.' (vide john marshall' .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3181
..... forms a part of the rule of non-arbitrariness as denial of administrative fairness is constitutional anethama. vide e.p. royappa v. state of tamil nadu : (1974)illj172sc ; smt maneka gandhi v. union of india and anr. : [1978]2scr621 ; ghaziabad development authority v. delhi auto & general finance pvt. ltd. and ors. : [1994]3scr248 ; and ku. shrilekha vidyarthi v. state of u ..... greater assurance protecting its valid exercise than its governance by these twin tests. a stream of case law radiating from the now well known decision in this court in maneka gandhi v. union of india has laid down in clear terms that article 14 of the constitution is violated by powers and procedures which in themselves result in unfairness and arbitrariness .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC2011
..... some interest by which their legal rights or liabilities are affected. it does not mean anything particular localities, which may be affected by the matters in question. interest shared by national government....in janta dal case (supra), this court considered the scope of public interest litigation. in para 52 of the said judgement, after considering what is public interest, has laid .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(114)FLR878]
Rakesh Tiwari, J.1. Heard Smt. Kirtika Singh for the petitioner and perused the record.2. The application has been filed for recall of the order dated 25.11. 2003 dismissing the writ petition for want of prosecution. The ground taken in the application is that she failed to mark the case in the list of 25.11.2003, as such no counsel could appear from the Side of the petitioner when the case-was taken up. The nature of work of an advocate is professional, as such there is no question of exoneration of such mistakes on their part, as such no sufficient cause has been shown for restoration of the writ petition.3. I have gone through the record at the instance of the learned Counsel for the petitioner who states that the matter may be decided on merits.4. From the record I find that this petition has been filed for quashing the award of the Labour Court dated 25.06.1984 enforced by publication on the notice board on 23.8.1084. The award arose of a reference made h the State Government vide...
Tag this Judgment!Court : Allahabad
Reported in : [2007]289ITR224(All)
..... education. (swami vivekanand as quoted ibid., at p.20.)41. the apex court has further held in paragraph 90 that education is a national wealth essential for nation's progress and prosperity.42. the learned advocate general pressed into service certain objection having complexion of preliminary questions assailing the maintainability of the ..... input both for the growth of the society as well as for the individual. properly planned educational input can contribute to increase in the gross national products, cultural richness, build positive attitude towards technology and increase efficiency and effectiveness of the governance. education opens new horizons for an individual, provides ..... personality, steady development of character, and the qualitative improvement of life. education is training he mind and not stuffing the brain. education is national wealth and is necessary to be maintained on merits in the interest of creating an egalitarian society to enable the country to rise high and face .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC553
Arun Tandon, J.1. Heard Sri J.P. Singh, Advocate on behalf of Surya Deo Rai, Sri S.P. Singh, Advocate on behalf of Devendra Nath Chaturvedi, Sri S.P. Pandey, Advocate on behalf of Ram Ashray Singh and learned Standing Counsel on behalf of State.Since the basic facts, relevant for the dispute and the legal aspects involved are identical in all these writ petitions, they are being decided by this common judgement. The facts on record of Civil Misc. Writ Petition No. 52541 of 2005 are being stated for the purposes of present judgement treating the same to be the leading case.Civil Misc. Writ Petition No. 52541 of 2005:2. Smith Inter College Azamgarh is an institution recognised under the provisions of U.P. Intermediate Education Act, 1921. The provisions of the said Act, Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971, and those of U.P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the te...
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3303
..... not therefore be conditions of affiliation. these provision were struck down as off ending article, 30(1).11. it was held in tma pai foundation case (supra) that restriction in national interest or for maintaining the excellence in academic standard can be imposed. it has also been consistently held by the apex court that minority institutions would have to abide by .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC1052
..... has been generating undying debate. the recent two decisions of this court in dipti prakash banerjee v. satyendra nath bose national centre for basic sciences, calcutta : [1999]1scr532 and pavanendra narayan verma v. sanjay gandhi pgi of medical sciences : (2002)illj690sc after survey of the most of the earlier decisions touching the question observed as ..... report but it was in fact a final one which gave findings as to the guilt of the employee.26. in dipti prakash banerjee v. satyendra nath bose national centre for basic science, calcutta : [1999]1scr532 , the termination order itself referred to three other letters. one of the letters explicitly referred to misconduct on ..... why the misconduct is the foundation and not merely the motive, in such cases.10. however, in the case of dipti prakash banerjee v. s.n. bose national centre for basic sciences calcutta and ors. 1999 (81) flr 687, hon'ble apex court contended that findings arrived at by an informal committee against the appellant, .....
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