Court : Allahabad
Decided on : Mar-16-1967
Reported in : (1968)IILLJ21All
..... ground that it was barred by limitation. the petitioner-board want up la appeal under section 17 of the payment of wages act. this appeal was partly allowed on 20 april 1966. the additional district judge held another part of the claim to be barred by time but the main plea of the petitioner-board was rejected and ..... electricity board prays that the order of the additional district judge and the prescribed authority passed under the payment of wages act, 1936, be quashed.2. the state electricity board is a body corporate constituted by the government of uttar pradesh under section 5 of the electricity (supply) act, 1948. in october 1963 the board took over the ..... the finding of the prescribed authority that the notification under section 3(b) of the uttar pradesh industrial disputes act governed the petitioner-board, was upheld.4. .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-20-1967
Reported in : [1968]21STC127(All)
..... 'fertilizers' of any particular kind. on the face of it, the term includes fertilizers of every kind whether chemical or non-chemical. the view adopted by the learned judge (revisions) amounted to restricting the scope of the general and simple term 'fertilizers' to non-chemical or natural fertilizers. it amounts to introducing the qualifying word 'non- ..... would be covered by the entry 'chemicals of all kinds'.12. in s.t.r. no. 469 of 1964 industrial gases ltd. v. commissioner of sales tax [1968] 21 s.t.c. 124, decided on 6th december, 1966, the question to be answered was whether oxygen prepared by means of an industrial process fell within the ..... state government realised the resulting position under the law as it stood till then.7. the view adopted by the learned judge (revisions) that the term 'fertilizers'used in the first notification under section 4 of the act does not cover 'chemical fertilizers' appears to us to be too narrow and unwarranted. the notification itself does not .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-1967
Reported in : AIR1968All207; 1968CriLJ721
..... with the sanction of the state government and the offence alleged to have been committed by him had been committed by him while acting or purporting to act in the discharge of his official duty. the learned single judge-allowed this plea to be raised for the first time at the stage of revision because it affects the question of jurisdiction.2 ..... an act; nor does a government medical officer act or purport to act as a public servant in picking the pocket of a patient whom he is examining, though ..... gill v. the king, that-'a public servant can only be said to act or to purport to act in the discharge of his official duty, if his act is such as to he within the scope of his official duty thus a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-23-1967
Reported in : AIR1968All65; 1968CriLJ225
..... rule 3, c. p. c.2. the court further observed that kali charan appeared to have committed perjury and it was in the interests of justice that an inquiry should be made into the offence which appeared to have been committed by him under section 193 ipc. but the court considered it fair that a notice should issue ..... complaint should not be filed against him for perjury. the facts are these. he filed a second appeal in this court from the decree of the civil and sessions judge, agra, reversing that of the munsif, agra, and dismissing his suit for the ejectment of the respondents. during the hearing of the appeal the respondents filed an application ..... learned counsel stated that on such occasions the advice of counsel is sometimes decisive, and had kali charan been given the advice which he should have be might have acted differently4. i have given this matter my anxious consideration on the one hand, this court thinks that periury of a very reprehensible nature appears to have been committed .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-31-1967
Reported in : AIR1969All119
..... the reason that the appellate authority while considering the question if or not opposite party no. 5 was better entitled to a permit as against the grantees did not judge the relative merits of the grantees vis-a-vis the appellant but confined itself only to the comparison between the claim of opposite party no. 5 and that of ..... transport authority at its meeting dated the 6th of may, 1965 allowed renewal to the petitioners for a period of three years from 11-6-1965 to 10-6-1968. in appeal no. 175 of 1962 filed by srimati shamim banu which was one of the several appeals preferred against the order of the regional transport authority (annexure 1 ..... one way or the other, the relation of the particular provision to other provisions dealing with the subject. it may be that section 64 of the motor vehicles act does not specifically provide for the impleadment of the persons affected by the result of the appeal even though it specifically mentions that the appellant, and the regional transport .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-10-1967
Reported in : AIR1969All223
..... was a departure from the principles of natural justice ordinarily governing such cases.18. moreover, the inquiry being of a quasi-judicial nature, the authority hearing the case must act judicially that is, apply its own mind to the case before it and not rely upon ..... government a representation through the government of uttar pradesh demanding an opportunity to be heard in person and produce evidence at the inquiry, but this demand was refused by the central government which asked him to put forward any material which he wanted in the ..... try it, and dismissed the suit.on appeal the learned civil judge affirmed the view of the trial court that the jurisdiction of the civil court was barred under section 9(2) of the act. he dismissed the appeal without considering the merits of the case. ..... , j.1. this is a second appeal by abdul salam from the decree of the additional civil judge, aligarh, affirming that of the additional munsif, augarh, dismissing his suit for permanent injunction to restrain .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-27-1967
Reported in : AIR1969All414; 1969CriLJ1011; (1968)IILLJ16All
..... little bearing on the interpretation of article 311 of the constitution.20. the impugned order dated 21-5-1956 ran thus;'having been convicted by the district & sessions judge, allahabad acting as a special judge, the services of sri kunwar bahadur. . . .are terminated with effect from the date of conviction i.e. 17-5-1956.'mr. n. d. pant ..... bahadur appealed against the order of conviction. the appeal was allowed by this court on 9-4-1957. kunwar bahadur instituted a suit in the court of the civil judge, allahabad for a declaration that the order of removal of the plaintiff from service is void, and the plaintiff continues in service. he also claimed the recovery of ..... facts of the case are these. kunwar bahadur was employed as a clerk in the evacuee property department. on 17-5-1956 he was convicted by a special judge (anti-corruption) for taking a bribe. on 21-5-1956 the deputy custodian of evacuee property, allahabad passed an order terminating kunwar bahadur's services with effect from .....
Tag this Judgment!Court : Allahabad
Decided on : May-10-1967
Reported in : (1967)IILLJ767All
..... of the bench. he held that article 310 was subject to the exception expressly provided in the constitution. it is not subject to the acts or the rules that may be framed under article 309. with respect, i am not in agreement with the observations of mishra, j. ..... case of barium chemicals, ltd. v. co. law board a.i.r, 1967 s.c. 295, under section 237(b) of the companies act, 1956, the central government could order an investigation if in its opinion the circum-stances set out in sub-clause (i), (ii) or (iii ..... the supreme court was followed in this court in kedar nath pandey v. state of uttar pradesh : (1968)iillj6all .4. for the petitioner reliance was placed upon a decision of the patna high court. tarak nath ghosh v. government of india ..... : (1968)illj376pat . there mishra, j., held that the pleasure of the president means that no employee can necessarily insist upon continuation .....
Tag this Judgment!Court : Allahabad
Decided on : May-11-1967
Reported in : (1968)IILLJ1All
..... be paid his salary throughout. in para. 2, the order has stated that in view of the above legal opinion, the municipal board be instructed to act accordingly. in june 1968 the municipal beard made a representative, but the same was rejected by an order dated 13 october 1966.5. for that petitioner it has been urged that ..... and as such the state government had no jurisdiction to readjudicate that matter. i do not agree. the writ petition was not pressed at the final hearing. the learned judge specifically held that it is not necessary to discuss that petition on merits. in d(sic) state of uttar pradesh : [1962]1scr574 the supreme court held:if ..... not given any retrospective effect. hence they were not applicable in 1958 or in 1959. the abolition of the post therefore did not contravene any provision of the municipalities act or the rules.12. it was also urged that respondent 3 was a permanent employee holding the post substantively. he services, therefore, could not be terminated abruptly. .....
Tag this Judgment!Court : Allahabad
Decided on : May-15-1967
Reported in : AIR1968All246; (1968)ILLJ407All
..... year was out he again got into trouble and serious charges of misconduct were framed against him. he was suspended once again. as a result of the inquiry, he was removed from service by an order of the joint director, panchayat rai, dated the 12th may 1954. his appeal against this decision was dismissed by ..... of suits, appeals, and certain applications to courts, . ... '(the rest of the preamble is not relevantfor this case). section 3, which is the backbone of the act, provides.'3. subject to the provisions contained in sections 4 to 25 (inclusive) every suit instituted, appeal preferred, and application made after the period of limitation prescribed ..... it does, and rejects the claim as 'time-barred' it extends the law of limitation beyond its prescribed orbit and usurps the prerogative of the courts, and acts without jurisdiction. alternatively, its decision is based on an extraneous and irrelevant consideration not permitted by law and therefore illegal whichever way we look at it, the .....
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