Court : Allahabad
Reported in : AIR1949All367
..... decision has proceeded on the assumption that the appeal was preferred or the application was made by an unauthorised person. these cases are, therefore, no authority in support of the proposition that the mere physical act of handing over a memorandum of appeal or an application may not be performed by a person who is neither a party nor his recognised agent ..... , in our opinion, that if the pleader has not been appointed by a document in writing, he is wanting in capacity or competence to act. it is not a question of defeat in the pleader's authority; it is not a question of an irregularity or even of an illegality in anything he does; it is simply a question of want of ..... , in our opinion, that if the pleader has not been appointed by a document in writing, he is wanting in capacity or competence to act. it is not a question of a defect in pleader's authority; it is not a question of an irregularity or even of an illegality in anything that ha does; it is simply a question of want .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1023
..... passed by the opposite party no. 2 contained in annexure-1 terminating the services of the petitioner is hereby quashed. however, with liberty to the disciplinary authority to proceed afreshwith the enquiry against the petitioner in accordance with law and the principles of natural justice. it shall also be open to the opposite parties ..... of natural justice and the procedural fairness in the matter of holding enquiries entailing service civil consequences. in my view, the appointment of scrutiny officer and acting upon his recommendations by the district magistrate is also without jurisdiction and, therefore, whole of the departmental enquiry stands vitiated and the order of termination from ..... admitted some excess payment of money to some of the pensioners but the question as to whether it was an inadvertent mistake or intentional and wilful act to pay the excess amount to the pensioners and thereafter to collect the same from them had to be proved by the opposite parties independently also .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ2776
..... order for opening fire is in exercise of official duty imposed under the order of the magistrate. cognizance of the offence against the applicant without prior sanction of the competent authority under section 197 was quashed. 8. in air 1979 sc 1841 s.b. saha and ors. v. m.s. kochar it has been laid down by hon ..... in exercise of such duty he allegedly entered the chamber of the complainant, used filthy language and dragged him out of his chamber. it was held that the act had reasonable nexus with the official duty of the appellant and no criminal proceeding could be initiated against the application without obtaining prior sanction because the appellant was present ..... of against the tehsildar was an act committed in discharge of the official duty of such tehsildar and therefore the cognizance cannot be taken against the tehsildar by any court without prior sanction of the competent authority.10. in 2000 scc (crl) 872, gaurishanker prasad v. state of bihar and anr. it was laid down by hon'ble .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3484
..... in the finding of fact recorded by the lower appellate court. however, learned counsel for the respondents has very fairly admitted that neither permission has been granted by the development authority nor the map has been sanctioned till date. it is, therefore, in the fitness of the circumstances, i allow some time to the landlord to get the map ..... period of 8-9 months from the date the tenant hands over vacant possession and then offer it to the tenant for re-entry at a rate prescribed by the act. thus, if the vacant possession is handed over by 17th january, 2010, the landlord shall complete the building and give the option to the tenant of re-entry ..... landlord cannot blow hot and cold simultaneously. the next point canvassed on behalf of the petitioners is that complete compliance of rule 17 of the rules framed under the act has not been made. according to the report of the engineer in the year 1989 filed by the landlord, assessment of expenditure has been given which would be incurred .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC1
..... succeeds in establishing that his attendance was within the condonable limit. the court would be slow enough to substitute its own wisdom to the policy decision of the educational authorities. in order to be successful in the suit, the respondent no. 3 has to satisfy the minimum requisite conditions which have to be complied with before he ..... controversial one. the respondent no. 3 has applied for condonation of his absence or for the grant of leave but no orders have yet been passed by the concerned authorities. it was also urged, as said above, that the respondent no. 3 was never told about the shortage of attendance at the time of filling of the ..... as under :'candidates whose attendance is below 75% of the working days are ordinarily not eligible to sit for the examination. however, the chief executive and secretary has authority to condone the shortage in the case of candidates whose minimum attendance is not less than 60% of the working days. heads of schools may represent to the chief .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3542
..... dated 4.10.1999, 24.8.1999 and 11.6.1999, passed by the respondent no. 1 are quashed. the matter is remanded back to the revisional authority to decide revision no. 1779 of 1999 afresh after giving opportunity of hearing to the petitioners and all parties concerned. it will be open to all parties concerned ..... giving opportunity of hearing to suresh chand at least while his chafe no. 162 has been disturbed. therefore, the said order is not maintainable. the revisional authority ought to have allowed the restoration application which he has illegally rejected.10. learned counsel for the respondents tried to justify the order of deputy director of consolidation ..... categorically stated that he was not made party. when suresh chand was not made party, there was no question to issue any notice tp him. the revisional authority while rejecting the restoration application has also observed that the notice was only served on mahesh chand and not on suresh chand. in the circumstances, without going .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3250
..... resume such thing, and whenever the state government so resumes any such things, the gaon sabha or other local authority, as the case may be, shall be entitled to receive and be paid compensation on account only of the development, if any, effected by it in or over that things : provided that the state government may after such ..... it incurred the expenses. it was for the gaon sabha to establish this fact that it incurred the expenses in development and on resumption of the land it is entitled to compensation. the petitioner never ..... section 117 of the act is resumed from the gaon sabha or local authority, the state government is to pay compensation to the gaon sabha or local authority from whom such things have been resumed. the compensation is to be provided only when it is proved that the gaon sabha or the local authority had made any development on account of which .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1011
..... the procedure under rule 12 of the aforesaid rules, the rule making authority was competent under the act referred above and there is no violation of the principles of natural justice, if a uniform procedure is being followed in making selection. i also find ..... has been prescribed for the selection on the post of the principal. this procedure cannot be declared arbitrary or illegal unless it is found that the rule-making authority was not competent or it violates the principles of natural justice or it is in violation of any provision of any constitution. i find that in laying down ..... that the qualification of the post of principal shall be the same as specified in the regulation 1 of chapter ii of the regulations made under the intermediate education act, 1921. the said regulation 1 states that the qualification for the post of principal and teachers are as indicated in the appendix-a attached to the regulation. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2704
..... provisions contained in the act and that the entire proceedings for acquisition suffers from legal mala fides and that the right ..... the inquiry under section 5a of the act.2. we have heard learned counsel for the petitioners, the learned standing counsel appearing for the respondent nos. 1 and 2 and the learned counsel appearing for the agra development authority.3. learned counsel for the petitioners submitted that the notification issued under section 4 of the act is without authority of law and de hors the .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4199
..... . state of haryana and ors. : air 2005 sc 565 : 2005 (1) awc 146 (sc) and kastha niwarak g. s. s. maryadit, indore v. president, indore development authority : air 2006 sc 1142 : 2006 (2) awc 1139 (sc), has held that article 14 has no application in such cases.11. in the result, i do not find any ..... of regularisation under these rules.(3) for the purpose of sub-rule (1) the appointing authority shall constitute a selection committee in accordance with the relevant ..... accordance with the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994, and the uttar pradesh public services (reservation for physically handicapped, dependents of freedom fighters and ex-servicemen) act, 1993 as amended from time to time and the orders of the government in force at the time .....
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