Court : Allahabad
Reported in : 2000(3)AWC2078
..... respondents have got no right to demolish the said building. he has also attacked to the validity of section 32 of the urban planning act and the constitution of the unnao development authority. it was also urged that on the relevant date, no master plan existed, therefore, respondents could not levy betterment charges, they were also ..... completed the same in october, 1983. it was on 7.12.1983 that unnao-shuklaganj development authority was constituted by the state government and notice dated 12.4.1986 under section 27 (1) of the u. p. urban planning and development act, 1973, was served upon the petitioner requiring her to show cause as to why building ..... jurisdiction. the respondents had no jurisdiction to serve notice upon the petitioner under sub-section (1) of section 23 of the u. p. urban planning and development act. the petitioner might have, under the threat of cancellation of the building plan and demolition, applied for permission to deposit the compounding fee, but legally she is .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ4543
..... and also made material alterations in the building. shri devi kumar gupta. p.w. 2, who is the complainant made a report to the development authority, raebareli which was allegedly inquired into by the appellant who submitted a report against the complainant, who subsequently, met him and requested for a favourable ..... act, 1947 read with section 161 i.p.c. and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of rs. 2.000/- and in default to undergo imprisonment for a further period of one year.2. appellant was employed as a junior engineer under the development authority ..... act, 1947 and section 161 i.p.c.5. the case was investigated by shri jagdish lal khatri, deputy superintendent of police, who interrogated the witnesses and prepared site plan (ext. ka 7) and after due investigation, submitted chargesheet (ext. ka 8) on 31-8-1985. sanction for prosecution was accorded by the district magistrate/vice chairman of the raebareli development authority .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All70
..... a supplementary statement of the case should be called from the board, i would, however, like to add the following.19. under section 57(1) of the stamp act the chief controlling revenue authority makes a reference to the high court suo motu as also on an application made in that behalf of the party concerned, as has been recently held by ..... and chapter v and under clause (a) of the first proviso to section 26 shall in all cases be subject to the control of the chief controlling revenue authority.(2) if any collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of duty which any instrument is chargeable, he may draw up a statement of ..... made an order dated march 9, 1960, for payment of the deficit duty.3. the company applied under sections 56 and 57 of the act to the board of revenue, u.p., as the chief controlling revenue authority, praying that the board should set aside the order of the collector or refer the case to this court for the decision of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3361; (2000)3UPLBEC2684
..... and 4/2, mauja araji line, mohalla slkraul, near varuna bridge, varanasi, submitted a plan for sanction to the varanasi development authority (hereinafter referred to as 'the authority') constituted under the provisions of u. p. urban planning and development act. 1973 (hereinafter referred to as 'the act'). the proposed five star hotel building is to have seven floors besides basement. the plan was sanctioned by the ..... group housing shall be five years with further extensions on year to year basis has to be implemented by every development authority constituted under the act. these directions of the government cannot be ignored or, in any manner frustrated. the attitude of the respondent-authority in pestering and harassing the petitioners, in the instant case, cannot but be condemned.14. from the material brought .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All74
..... establishments ... ... ... and the appointment of trustees or managers thereof ... ... ... it is enacted as follows ... ... ...'thus, the preamble which affords the keynote to the act clearly shows that it was intended to replace certain provisions of the two regulations so as to relieve the board and the local agents of the duty imposed under the ..... . in central bank of india ltd. v. p.s. rajagopalan : (1963)iillj89sc , before dealing with the question of construction of section 33c of the industrial disputes act, the supreme court considered it material to refer to the legislative history of the enactment. in s.t. swamiar v. commr. for hindu religious and charitable endowments : ..... the worship of god, whether by himself or by others, as a holy and meritorious act which should suffer no inhibition. the privy council perceived this important truth in babu bhagwan din v. gir har saroop which is an authority for the proposition that 'the mere fact that public is allowed to visit a temple .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1605
..... government order has been issued to ensure the genuineness of the meeting and the resolution passed and as such contemplates endorsement of the higher authorities, in the present case. the block development authority has already endorsed the meeting and recommended the matter to the sub-divisional officer.8. i have looked into the record of the case ..... and find that the meeting of the gaon sabha was convened in accordance with the provisions of section 11 of the panchayat raj act, the validity of ..... learned counsel for the respondents has further referred to sections 95a and 96a of the u. p. panchayat raj act wherein the state government may delegate any of its powers under this act to any officer or authority subordinate to it, under such condition as it may deem fit to impose. learned counsel for the respondents in .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2752; (2000)3UPLBEC2604
..... requires careful consideration is, whether if the entire events are considered in their proper perspective, then they do not leave any doubt that the different authorities acted illegally against the government policy and orders, on extraneous considerations, therefore, their action was not bona fide, consequently biased and ultra vires. the facts ..... in law would still be bad and vitiated by biasif it is found, as argued by the learned counsel for the petitioner, that the authorities acted illegally and against the provisions of law, on their own, to favour respondent no. 3 because its manager was the minister. bias arises where ..... were required to examine and approve the proposal, therefore, another meeting was convened on 2.2.1999 and the committee consisting of district magistrate. chief development officer. sub-divisional magistrate, gyanpur, sub-divisional magistrate bhadohi, executive engineer, public works department and district inspector of schools, reiterated the earlier resolution .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ272
..... his being released on bail and that on being so released the detenu would in all probabilities indulge in prejudicial activities. the supreme court observed further that if the authority passed an order after recording his satisfaction, the same could not be struck down.8. the materials on record indicate that in case crime nos. 397 a, 397b ..... ). it was a case of detention under the tamil nadu prevention of dangerous activities of bootleggers, drug offenders, forest offenders, goondas, immoral traffic offenders and slum grabbers act, 1982. the detenu was already in custody and a detention order was passed on him. a question arose if such a person could be served with an order of ..... for his release on bail in all the cases lodged against him and there was possibility of his being so released and there was further possibility of his acting in a manner prejudicial to the maintenance of public order.after being served with the notice and the grounds and being intimated that he had a right of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All334
..... had to be taken under sub-rule (1) of rule 33-b was complete. thereafter, under that sub-rule, no further action was required to be taken by the prescribed authority. subsequent to that presentation, action had to be taken for the purposes of holding a meeting under sub-rule (2) of rule 33-b. that sub-rule specifically mentions that ..... respondent that the appeal had not been properly filed as it was filed under the signature of the standing counsel, who merely had authority to appear and plead on behalf of the appellants but was not entitled to act on their behalf. it appears from a notification reproduced in annexure c of the legal remembrancer's manual that the standing counsel was ..... bhargava, c.j.1. this special appeal has been filed by the assistant district panchayat officer, rai bareli, assistant development officer, rahi, rai bareli, the district panchayat officer, rai bareli, and the state of uttar pradesh against a judgment of a learned single judge of this court allowing a petition .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All136
..... of the supreme court mentioned above the preamble was actually used by their lordships in their judgments.25. the next argument of mr. pathak which has been developed by mr. jagdish swarup also is that the present piece of legislation does not fall under any heading in either list ii or list iii of the seventh ..... section 25 it is open to the state government to delegate the rule-making power to the inferiormost officer and to the lowest of authorities. learned counsel has strenuously contended that if an act allows the state government to delegate the power of laying down principles it would amount to delegation of essential legislative functions. while examining ..... their lordships of the supreme court in the case of banarsi das v. state of madhya pradesli : [1959]1scr427 , may be quoted with advantage :'now the authorities are clear that it is not unconstitutional for the legislature to leave it to the executive to determine' details relating to the working of taxation laws such as the .....
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