Court : Allahabad
Reported in : 2005(4)AWC3806; 2005(4)ESC2333
..... . the courts ought no to take the action lightly and interfere with the same particularly when there was some material for the government to act one way or the other.' 80. in delhi development authority and anr. v. uee electricals engg. (p) ltd. and anr. : air2004sc2100 , the hon'ble supreme court while describing the ..... grounds on which administrative action is subject to control by judicial review observed:-'doubtless, he who seeks to invalidate or nullify any act or order must establish the charge ..... personal contact with those who hold power and also allow persons with money power to get things done to their advantage through backdoor. '126. in delhi development authority v. skipper construction and anr., : air1996sc715 the hon'ble supreme court observed:-'...the report points out how the several officers of the dda flouted the .....
Tag this Judgment!Court : Allahabad
Reported in : [1997]226ITR330(All); [1997]94TAXMAN409(All)
..... petition, the petitioner seeks a writ of certiorari praying for quashing of the order dated september 12, 1994, passed under section 269ud of the income-tax act, 1961, whereby the appropriate authority had passed an order for pre-emptive sale of the property being plot no. 404, sector-xva, noida district, ghaziabad. the petitioner further prays that ..... that plot no. 241 was on an 18 metre wide road and a number of properties has already been developed in that locality. it was better placed whereas plot no. 404 of the petitioners was on a non-developed area of the said block and was on a very narrow road. according to the petitioners, the comparable ..... the comparable plots sold during the period which fetched lesser price.14. counsel for the respondents, however, relying on the aforesaid decisions submitted that the authorities have acted fairly on the basis of the evidence available to them and have considered all the relevant factors in order to reach a conclusion and have passed an .....
Tag this Judgment!Court : Allahabad
Reported in : (1996)135CTR(All)367; [1996]220ITR509(All)
..... the petitioner is a lessee of residential plot no, 133 in block 'a', sector 15a, at noida, district ghaziabad. the lessor is the new okhla industrial development authority and the area of the plot is about 465 square meters. the petitioner entered into an agreement to sell the aforesaid plot to one devesh behari saxena for a ..... 514 of 1993, smt. vimla devi g. maheshwari v. union of india : [1994]208itr734(bom) , observed that the high court cannot act as an appellate authority over the order of the appropriate authority. the respondents have asserted that the fair market value of the property in question, as evidenced by other instances, was higher by more than ..... being given to the concerned parties, particularly, the intending purchaser and the intending seller, must be read into the provisions of chapter xx-c of the act and that before an order for compulsory purchase is made under section 269ud, the intending purchaser and the intending seller must be given a reasonable opportunity of .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2526; [2005(104)FLR6]; (2004)2UPLBEC1969
..... coggins and griffith (leverpool) ltd. and anr., (1947) 1 ac 1, 23. 'the proper lest is whether or not the hirer had authority to control the manner of execution of the act in question'.16. the correct method of approach, therefore, would be to consider whether having regard to the nature of the work there was due ..... .10. in the case of dharangadhara chemical works ltd. (supra), the hon'ble supreme court has held as follows :'14. the principle which emerges from these authorities is that the prima facie test for the determination of the relationship between master and servant is the existence of the right in the master to supervise and control ..... manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC327
..... political influence or pressure and as such the action of the respondents in acquiring the land of the petitioner is arbitrary and discriminatory in nature. the development authority is not possessed with sufficient funds to meet out the expenses of the acquisition and the amount of rs. 26,00,87,354.30 deposited by ..... account of urgency dispensed with the inquiry provided under section 5a of the act. the aforesaid acquisition in effect is for the purposes of developing a residential colony with the name of taj nagari phase-ill. the petitioner further states that the development authority is already possessed of over 800 bighas of land, which was acquired ..... duly registered under the u.p. cooperative societies act. the petitioner for the purposes of developing land and promoting residential colony had purchased the land in dispute in the city of agra. the petitioner for developing the said land had submitted a lay out plan to the agra development authority (hereinafter referred to as a.d.a.) .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2012
..... b.i.f.r., the shares of the appellant company held by voltas limited, were transferred in favour of the present shareholders after obtaining approval of the concerned authorities. the new management had settled liabilities of all the creditors, workers' dues, as well as government dues, by arranging funds of their own. the dues ..... .1990, m/s. cawnpore chemical works (p.) ltd. (hereinafter called as respondent company) and upon dismissal of appeal preferred by respondent company before the appellate authority on 8.2.1991, the respondent company was wound up, by an order of this court dated 2.5.1991, and official liquidator was appointed as liquidator ..... care off. the net worth of the company has become positive and thus taking into account these subsequent developments, the opinion of b.i.f.r. cannot be confirmed. the object of sick industrial companies (special provisions) act, 1985, is to timely detect industrial sickness, as well as preventive, ameliorative and other measures with respect .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC930
..... or in any area to increase the frequency of the service so provided, without any increase in the number of vehicles.'5. in : [1992]3scr328 (ahmedabad urban development authority v. sharadkumar jayantikumar pasawalla and ors.) the supreme court held that in a fiscal matter it will not be proper to hold that even in the absence expressed provision ..... tax or fee. such power of imposition of tax and/or fee by the delegated authority must be very specific and there is no scope of implied authority for imposition. delegated authority must act within the parameters of the authority delegated to it under the act and it will not be proper to bring the theory of implied intent or the ..... the operators only in view of the provisions contained under rule 125 of the uttar pradesh motor vehicles rules, 1998. there is no other provision under the act or rules, under which fee can be levied for grant of extension of the route. whenever extension was granted permitting the petitioners to run the vehicles on .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC34
..... serve their private ends and jeopardise the rights of innocent people so as to wreak vengeance for their personal ends. this has become very handy to the developers and in matters of public contract. in order to serve their professional rivalry they utilise the service of the innocent people or organisation in filing public interest ..... under the aforesaid article. the orthodox rule of interpretation regarding the locus standi of a person to reach the court has undergone a sea change with the development of constitutional law in our country and the constitutional courts have been adopting a liberal approach in dealing with the cases or dislodging the claim of a ..... would also be adversely affected; the sale deeds obtained by the said respondent nos. 6 to 8 are void as no permission from the competent authority under section 143 of the act has been taken. thus, the mill is being established by illegal method for grabbing the public properties without taking prior permission.3. shri r.k .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2915
..... to the power of taxation provided for in section 69(d) of the act of 1973. the act of 1973 did not, by section 69(d), incorporate in its true signification any particular provision of the two earlier acts. it provides that, for the purpose of taxation, the special area development authority shall have the powers which a municipal corporation or a municipal council has ..... under the m.p. municipal corporation act, 1956 or the m. p. municipalities act, 1961. the case therefore is not one of incorporation but of mere .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All366
..... of the applications for grant of permits was no longer pending after the said order. what remained pending was a mere ministerial act to be performed by the regional transport authority or by any delegate of that authority in accordance with rule 44-a of the u. p. motor vehicles rules, 1940.'29. the case of sharif ahmad ..... as given to them in section 68-d of the motor vehicles act. 'competent' authority means an authority constituted under section 3 of act xxvii of 1976. section 7 empowers the state government to appoint a competent authority.it also confers powers on the competent authority to authorise any holder of permit for stage carriage to ply his ..... expedient in the public interest in respect of any matter relating to road transport to the state transport authority or to any regional transport authority and such transport authority shall give effect to all such directions.........'by the same act sub-section (1) of section 47 was substituted by a new sub-section as follows:--(i) a .....
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