Court : Allahabad
Reported in : 2001(4)AWC2517; (2001)3UPLBEC2594
..... . the special secretary to law department on 7.12.1999, opined that the writ should be contested, because hon'ble the supreme court in rama swami v. commissioner of bombay police, air 1997 sc 2055 : air 1997 sc 1986 and state of orissa v. ram narain, air 1997 sc 2452, has observed that after the lapse of considerable time, the date .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC3104
..... interest litigation was not to give any advantage to a political party or group of people. it was also not to cast a slur on the state police. it was done to investigate corruption in public administration, misconduct by the bureaucracy, fabrication of official records and misappropriation of public funds by an independent agency ..... power under article 226 should have kept in mind the limitation that without the consent of the appropriate state government, no investigating agency, other than the state police, could investigate an offence committed in the state. it was further argued that the limitation did not apply to the apex court exercising power under article 142 ..... (1998) 1 scc 225, and in the case of union of india v. s.k. modi and ors., (1974) 4 scc 770. or in case the state police has proceeded with some investigation in the 'ambedkar park' project, then further investigation be ordered by some independent investigation agency under section 173(8) of the criminal procedure code. (ii .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All660; 1960CriLJ1390
Mootham, C.J.1. This is a difficult case. The Bar Council Tribunal has found the charge of professional misconduct which it framed against the Advocate of inordinate delay in the presentation of a petition, not to be proved, but the correctness of that finding has been challenged before us. In considering this matter I think that in the first place it is convenient to state shortly the facts which are not in dispute.2. The complainant had been a lower division clerk in the Central Excise Department, but his services were terminated by a notice which expired on 30-6-1956. He was then residing in Rampur, and on the 4th July he came to Allahabad to instruct an Advocate of this Court to file a petition under Article 226 of the Constitution for the purpose of having notice terminating his services quashed. The Advocate's services were engaged and he prepared the requisite petition and affidavit. The affidavit was sworn by the complainant at 6.30 p.m. on Friday, the 13th July, and the compla...
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All440
..... the transaction; and the fact that the mask is legally perfect in itself will not save it from being torn off and discarded. the border line between motive and intention may be thin and hard to distinguish -- every border, is troublesome for those who have to guard it -- but the question whether a particular transaction is genuine or 'sham' is one of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC410; (1998)3UPLBEC1805
S.K. Phaujdar, J.1. on his own behalf and on behalf of Binod Kumar Roy, J.--The above mentioned 11 writ petitions relate to the selection of candidates for recruitment in the U. P. Higher Judicial Service (for short called as 'H.J.S.'). The different petitioners made different prayers in their writ petitions and the prayers cover issuance of mandamus upon the respondents to fill up all existing vacancies in the quota of direct recruit, for a declaration that certain amendments in the U. P. Higher Judicial Service Rules (for short called as the 'Rules') were ultra vires and for quashing a resolution of the Full Court of the Allahabad High Court as regards appointment of direct recruits and promotion of persons belonging to the U. P. Nayik Sewa (for short called as the 'Nayik Sewa'). In some cases, prayers were made to command the respondents to carve out a fresh select list in view of the direction of the Supreme Court in the case of O. P. Garg and others v. State of U. P., AIR 1991 SC ...
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... town or a city. it is a nazul land which requires the administration of a town or a city and the government to take upon the obligation of establishing schools, police stations, administration block for municipalities, town halls, institutions for the preservation of the culture and heritage of the people, institutions for the advancement of performing arts, old age homes, vocational .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ521
..... we are not concerned with the merits of the decision but with the manner in which the decision was arrived at. it is well settled in the commr. of police v. gordhandas bhanji : [1952]1scr135 and mohinder singh gill v. the chief election commissioner : [1978]2scr272 that when a statutory functionary makes an order based on certain ..... would be tested by the application of wednesbury principles of reasonable.-ness (including its other reasonableness and principles of irrationality as enunciated in chief constable of the north wales police v. evans 1982 (3) all er 141 (supra) which should be free from arbitrariness not affected by bias or actuated by mala fides.101. in the light ..... .95. the scope of judicial review has been well defined in (1947) 2 all er 680 which is known as wednesbury principles and chief constable of the north wales police v. evans (1982) 3 all er 141 (154); lord greene in associated provincial picture houses ltd. v. wednesbury corporation (1947) 2 all er 680 observed :.it .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(173)ELT337(All)
..... ors. v. oriental insurance company ltd. and ors. : air1999sc589 ; balchandra anantrao rakvi and ors. v. ramchandra tukaram (dead) by lrs. and anr., (2001) 8 scc 616].37. in cit v. indo mercantile bank ltd. : [1959]36itr1(sc) , the hon'ble supreme court held as under :-'the proper function of a proviso is that it qualifies the generality of the main enactment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All393
..... royalty. this, according to the petitioner, was an act unauthorised by law, there being no provision under the terms of the licence for such attachment. on 6-3-1951 the police seized the stock of gypsum which the petitioner had in his possession and the petitioner's allegation is that this was done by the ..... police under the orders of the district magistrate who ordered the prosecution of the petitioner under section 379, i. p c. for the offence of theft of gypsum from village sehra. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
S.K. Singh, J.1. Indian Railway Construction Company Limited (in short the respondent company) is a Government of India owned company registered under the provisions of the Companies Act, 1956. All the shares of the company are held by the President and/or officers of the Central Government in the name of the President of India. The respondent company concededly an instrumentality of State within the meaning of Article 12 of the Constitution is engaged in the construction and implementation of various projects in the country and abroad pertaining to construction of roads, buildings, bridges, electrification, telecommunication, railway tracking, and construction work pertaining to airports.2. Petitioners in these five writ petitions were appointed at Anpara Project of the respondent company on casual/ad hoc basis on a consolidated monthly emoluments of Rs. 400 subject to the condition that they will have to undergo training for the prescribed period during which they would be entitled t...
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