Court : Allahabad
Reported in : 2004(1)AWC812; (2004)1UPLBEC700
..... if the management fails to appoint a teacher, the state government can call upon the management to show cause why an order be not passed under section 58 of the act. under section 58 the state government, after considering the explanation of the management, can appoint an authorised controller to take over the management.6. in several cases, which ..... has not yet been allowed to join as lecturer in hindi in agra college, agra.5. under section 15 (2) of the u. p. higher education service commission act, 1980, it is provided that if the management fails to appoint the selected candidate, who has been issued placement order by the director, then the director may order the ..... selected candidate, action must be taken against the management under section 15 (3) of the u. p. higher education service commission act, 1980, as well as sections 57 and 58 of the u. p. state universities act, 1973. the present state of affairs cannot be tolerated any longer. it is defeating the very purpose of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All40
..... was applied and that, therefore, what was added to those sections subsequent to the notification would tot apply to the notified area.39. chapter xii, municipalities act, relating to notified areas in fact amounted to an enactment authorising the provincial government to create notified areas and to enact laws for those areas. it ..... giving intimation of his intention and might even finish the construction before the municipality had any time to consider the matter. to remove this defect the municipalities act was amended in 1919. sub-section (5) was added to section 180, providing that no person should commence any work of which he has given ..... intending to make certain constructions within the limits of the notified area, mahoba, intimated his intention to the notified area committee, as required under section 178, municipalities act, on 27-1-1948, shortly after without waiting for any orders of the committee and without reminding it of the intimation given by him, he started the .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ3893
..... iiird additional sessions judge, bijnor, in special s.t. no. 2 of 1993. by the impugned order, the learned trial court found the appellants guilty under section 15 of the narcotic drugs and psychotropic substances act, 1985, hence forth to be described as the act. the appellant was sentenced to undergo r.i. for 10 years and to ..... not only challenged the factum of recovery, but also pointed out different defects in the prosecution story by way of non-compliance of the specific provisions of the act concerning seizure and follow-up procedures.4. the fir spoke of detection at the initial stage when the man was seen moving suspiciously. on challenge, he allegedly ..... the present case, the prosecution has led doubtful evidence on the point of recovery, and has also failed to abide by the legal necessities as required under the ndps act. the accused is, therefore, entitled to both the benefit of doubt and of the failure of the prosecution to follow the procedural safeguards allowed to the accused.11 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2992; [2006(109)FLR1101]; (2006)IIILLJ417All
..... of salary including compensation to her, hence this petition.4. the petitioners have assailed the impugned order dated 30.3.1993 on various grounds including the applicability of provisions of the payment of wages act 1936 and on question of limitation and jurisdiction of prescribed authority to adjudicate the dispute in question, besides the claim of ..... raised by respondent no. 2 through application under section 15 of the act. accordingly the impugned judgment and order dated 30.3.1993 (annexure 1 to the writ petition) passed by the payment of wages authority/prescribed authority under the payment of wages act is wholly without jurisdiction and not sustainable in the eye of law ..... sabhajeet yadav, j.1. by this petition, the petitioner has challenged the order dated 30.3.1993 (annexure -1 of the writ petition) passed by prescribed authority under the provisions of payment of wages act 1936 in p.w. case no. 74 of 1991 smt. pramila devi v. district basic education officer, jhansi and ors. .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... decided in sri anwari basavarai patil and ors. v. sri siddaramaiah and ors. reported in judgment today 1993(1) supreme court 328, wherein question of applicability of provisions of limitation act in respect of proceeding under representation of people act 1951 was being considered. it has been held that period of notice under proviso 2 sub-section 1 ..... application. but under the present case, under section 17 of the payment of wages act, the express exclusion is not there, therefore, the cases cited by the petitioner will not be of any help.19. likewise the judgment relied upon in 1993(1) supreme court 328 was a case relating to re-recrimination petition in the ..... election petition arising out of section 97 of the representation of peoples act. under this case provisions relating to appeal under payment of wages act or any similar matter relating to appeal were not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All93
..... degree college v. lakshmi narain, air 1976 sc 888 : (1976 lab ic 576). the colvin taluqdars' school society, which was registered under the societies registration act, was not created by or under any statute. it is, therefore, not a statutory body. the managing committee of the instant institution constituted in accordance with ..... in not submitting a scheme of administration and that the managing committee which has not been a creation of a statute as is contemplated by the amendment act cannot be allowed to usurp the function of a committee of management to be constituted under the scheme of administration. the learned single judge further held:-- ..... the managing committee had illegally appointed sri h. l. dutt as principal of the college who did not possess the essential qualifications prescribed under the act and regulations framed thereunder. the third grievance was that the managing committee which consisted of high dignitaries wielded influence on the education department and thus .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All77
..... there should, therefore, have been, 28 separate petitions and not a single petition as has been done. the next objection was that section 17 of the payment of wages act entitled the petitioner to go in appeal against the impugned order, admittedly no appeal was taken against it, hence, he has claimed that the writ should be refused on ..... its incidence as remuneration is essential. what is remuneration has accordingly to be judged.10. the word 'remuneration' in the definition of 'wage' given in the payment of wages act, 1936 was recently considered by the bombay high court in anusuya vithal v. j. h. mehta, air 1960 bom 201. that was a case relating to the allowance payable ..... claiming that they were entitled to this allowance for the off-period during the year 1957-58 moved the appropriate authority under section 15 of the payment of wages act for a direction that the employer be directed to pay the amount of the retainer's allowance which according to them was payable but had not been paid. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2244
..... over-payment of about rs. 12.81 lacs by the petitioner to the third respondent as a consequence of few purchase orders of the years 1991, 1992 and 1993. the dispute was referred to the arbitration for adjudication in pursuance of the arbitration clause encapsulated in the covenant on the respective purchase orders and sri m.k. ..... agreement for the dispute is to be adjudicated by a private tribunal.'in m/s. guru nanak foundation v. ratan singh and sons, air 1981 sc 2075, an application was made to delhi high court under section 20 of the arbitration act, 1940, for a direction to file the arbitration agreement in the court, it was registered as ..... that the petitioner acquiesced to that order in that immediately after the aforesaid order was passed, the petitioner moved an application under section 42 of the arbitration and conciliation act, 1996, raising the question of jurisdiction and seeking the court to remit the case to the court of district judge for disposal. that apart, a prayer has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All147
..... does not in any way impede the advancement, regulation and control of mineral development of minor minerals. there is no fact pleaded nor any substantial foundation laid in any of the writ petitions to demonstrate that grant of mining rights in favour of traditionally engaged persons would in any way defeat the ..... and the classification granting preference to particular castes is an absolutely unreasonable classification having no rational nexus with the objects sought to be achieved under the 1957 act. this, according to the petitioner's counsel, violates article 14 of the constitution of india as well. the said argument has been advanced by all ..... further, impugned rule 9(2) (3) embodies an unreasonable classification having no rationale relation or nexus with the objects of the mines & minerals (regulation & development) act, 1957 and, hence, is violative of article 14 of die constitution of india.ii. the impugned rules is in the nature of unauthorized subordinate legislation. the power .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All29; II(1997)DMC383
..... having withdrawn, he is precluded from making any further application. the order, however, refers to an order dated 5th september, 1991, wrongly printed as 5th september, 1993, passed by the apex court but no such order is being produced before this court. even in the written statement filed by the counsel for the opposite party ..... or it is not incorporated in the decree itself, in that event, the court cannot assume jurisdiction to decide an application under section 26 of the act after the decree is passed, namely, whereafter the proceeding terminates and does not remain pending, the deeming clause postulates deemed pendency only in cases where provisions ..... on 20th march 1997. mr. govind krishna, learned counsel for the opposite party, took a preliminary objection. he contended that under section 28 of the hindu marriage act, an appeal lies against the impugned order before the learned district judge. therefore, the writ petition is not maintainable. mr. a. kumar, appearing on behalf of .....
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