Court : Allahabad Lucknow
..... . hence, it has been decided that there shall be no benefits under the acp scheme for group 'a' central services (technical/non-technical0. cadre controlling authorities in their case would, however, continue to improve the promotion prospects in organizations/cadres on functional grounds by way of organizational study, cadre review, etc., as ..... in judicial review proceedings, where the courts concludes that the decision is such that no authority properly directing itself on the relevant law and fact acting reasonably could have reached it". thus the decision by the appropriate authority to grant or not to grant a particular relief to a person is not open to ..... lord diplock has observed the scope of judicial review in the following words:- "judicial review as i think developed to a stage today when, without reiterating any analysis of the steps by which the development has come about, one can conveniently classify under three heads the grounds on which administrative action is subject to .....
Tag this Judgment!Court : Allahabad Lucknow
..... in accordance with the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994 and notify the vacancies to the board in such manner and through such officer or authority as may be prescribed. (2) the procedure of selection of candidates for direct recruitment to the post of ..... 10. such an officer or authority, in turn, has to intimate the names of the selected candidates to the management of the institution and the management is obliged within a period of one month to issue a letter of appointment to the selected candidates1. chapter iii of the act deals with the procedure for selection ..... subject to the rejection of the unfit. the position of a senior employee is adequately safeguarded by rule 14 (2) subject to satisfaction of fitness. the authorities have sufficient powers to ensure that vacancies in the promotional stream are not kept unfilled to the detriment of the educational requirements of students. for these reasons, .....
Tag this Judgment!Court : Allahabad Lucknow
..... keeping in view the full bench decision in the case of gopal dubey (supra), lays down the law correctly; (3) whether the state government or its authorities, who are authorized to create posts, by virtue of their inaction can defy creation of posts in an institution keeping in view the larger interest of the society namely education ..... (1) shall be void. regulations regulation 17(2) of the regulations which have been framed under chapter ii of the act of 1921, provides that no new post shall be advertised unless sanction of the appropriate authority for the creation thereof has been received by the management. regulation 19 contains the following provision: "19. where any person ..... one of the authorities concerned in the matter of accord of recognition for opening a new subject in a college. it is relevant to note here that recognition for opening a subject in a college is accorded by the director under the provisions of the intermediate education act, which is a statute to establish a board .....
Tag this Judgment!Court : Allahabad Lucknow
..... court after considering the consistent position of the state department of home, held that 'by reasons of the provisions of a special statute, namely, the police act read with the authorization contained therein by way of executive order, the governor of uttar pradesh obviously did not in fact intend to apply the general law to all and sundry ..... and orders framed by the ig of police (presently dgp/ig) with the approval of the state government under the provisions of the police act, 1861 and are issued under the authority of the government to be binding on all the police officers and that it is an authoritative guide to the officers of the department. ..... a self-contained code providing for the appointment of police officers and prescribing the procedure for their removal. it follows that where the appropriate authority takes disciplinary action under the police act or the rules made thereunder, it must conform to the provisions of the statute or the rules which have conferred upon it the power .....
Tag this Judgment!Court : Allahabad Lucknow
..... human beings. incidental to the fundamental right to live in dignity under article 21 of the constitution, is a right of access to all facilities for development of the personality including education, social accumulation, access to public places and employment opportunities. the supreme court observed that since transgenders are neither male nor ..... is entirely within the purview of the legislating body and a matter which lies in the province of the enacting authority. the salutary public purpose, underlying the enactment of section 13 of the act can be furthered by incorporating a situation where a transgender can be recognized as a head of an eligible ..... merit in the first submission. the second submission raises an important issue pertaining to the availability of food security for transgenders. in national legal services authority vs. union of india2, the supreme court recognized the fundamental right of the transgender population as citizens of the country to possess an equal right .....
Tag this Judgment!Court : Allahabad Lucknow
..... language far away in the distant north and in the distant past, from which each thinker was allowed to draw for his own purposes 37. the development of hindu religion and philosophy shows that from time to time saints and religious reformers attempted to remove from the hindu thought and practices elements of corruption ..... has directed the superintendent, state women protection home to initiate the process of adoption by following the procedure prescribed by the central adoption resource authority created under the juvenile justice act. in the impugned order, it has also been recorded by the learned court below that though no age is prescribed for adoption under the ..... can be "regarded as hindu". section 2 of the hindu adoptions act, which embodies the application of the said act, is quoted below:- "2. application of act- (1) this act applies- (a) to any person, who is a hindu by religion in any of its forms or developments, including a virashaiva, a lingayat or a follower of the brahmo .....
Tag this Judgment!Court : Allahabad Lucknow
..... was brought to the notice of hon'ble justice shri narayan shukla. 8. the order rendered by the bench headed by hon'ble justice rajiv sharma reflects the intricate developments in the connected cases and while referring to them, the registry was directed to place the entire record before hon'ble the chief justice. by implication, issue of jurisdiction ..... page of the judgment as well as at the end, however, did not put a date on it. the "judgment" was sent to the brother judge. the judge who authored the 'judgment' died on 24.12.1952 before it could be delivered. after the death, on 5.1.1953, the other judge purported to deliver the 'judgment' of ..... everyone that pronouncement of a judgment in court whether immediately after the hearing or after reserving the same to be delivered later should ordinarily be considered as the final act of the court with reference to the case. bose j. emphasised the feature that as soon as the judgment is delivered that becomes the operative pronouncement of the .....
Tag this Judgment!Court : Allahabad Lucknow
..... bona fide may not be doubted. the provisions contained in chapter viii and chapter xv of the act give ample power to the railway to check the unauthorized travelers. unless and until the passenger is caught hold by the railway authorities or is charged of travelling without ticket. it shall be presumed that person travalling in the train ..... the ticket unless the contents of 'panchayatnama' has been proved by producing the person/ authority, who has written the said documents, and examined as per the provisions of indian evidence act in order to prove the contents of the said documents the said act has not been done in the present case, thus keeping in view the said ..... benefit of the person for whom the act was made should be preferred. in other words, beneficial or welfare statutes should be given a liberal and not literal or strict interpretation vide alembic chemical works co. ltd. v. the workmen air 1961 sc 647( para 7), jeewanlal ltd. v. appellate authority air 1984 sc 1842 (para 11), .....
Tag this Judgment!Court : Allahabad Lucknow
..... justice but to be used as helping hand to do justice in between the parties after adhering the basic principle of natural justice. while doing so, if any authority observed the basic rule of procedure based on principles of natural justice that in that event unless a substantial injustice is caused or serious prejudice has been shown ..... on the basis of affidavit or to give award on the basis of evidence contained in the affidavit as it is authorized to do so under order xix of the cpc, which is not applicable to motor vehicles act. therefore, the tribunal has no power to permit evidence by means of an affidavit. the tribunal committed error in ..... facts brought on record by affidavit, then at first appellate stage, such argument is not sustainable keeping in view the letter and spirit of section 168 of the act. learned counsel for the appellant has invited attention to different provisions contained in chapter ixx of the motor vehicles rules, 1998. it shall be appropriate to consider the .....
Tag this Judgment!Court : Allahabad Lucknow
..... duly empowered under section 190 to order such an investigation. by lodging a first information report, the informant can set the criminal law in motion. the investigating authority is able to obtain information about an alleged criminal activity so as to pursue an investigation, trace the accused and make him accountable under the criminal law. in ..... kerala25. the supreme court observed as follows: "49. it is evident from sections 154, 156 and 157 of the code that even a police officer can act on the basis of information received or otherwise and proceed to investigate provided he has reason to suspect the commission of a cognizable offence which he is empowered to ..... magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial .....
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