Court : Allahabad
Reported in : 2007(4)AWC3673
..... -sca-2 to the supplementary counter affidavit dated 22nd march, 2007.11. faced with the aforesaid contention, learned counsel for the petitioners submits that the authority to frame the draft in respect of admission of students in various courses of the university including the provision for appearance in back papers of the course ..... this court may record that sri arvind srivastava, learned counsel for the petitioners despite best effort could not point out any other provision under the state universities act, statutes, ordinances and regulations framed thereunder, which could permit students like the petitioners admitted to m.sc. degree course in physics under the semester system ..... either in whole or part together with the amendments which the executive council may suggest.21. for ready reference section 52(4) of the state universities act, 1973 as was then applicable, may be reproduced.52(4). the executive council shall not have power to amend any draft proposed by the academic council .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)ARBLR1(All); 2007(3)AWC2371
..... of law. clause 30 of the arbitration agreement speaks about appointment of an arbitrator mutually agreed upon by the contractor and agra development authority. when an application under section 20 of the act, 1940 is made to refer the dispute to the arbitrator by the court, it will be presupposed that there was no mutuality ..... : air2005sc2795 state of rajasthan v. nav bharat construction co. it was held following the ratio of : [1987]3scr569 prasun roy v. the calcutta municipal development authority and anr. that a party shall not be allowed to blow hot and cold simultaneously. long participation and acquiescence in the proceedings preclude such a party from ..... section 39 of the arbitration act, 1940 (hereinafter referred to as the act, 1940') arising out of the order(s) passed by the learned iind additional civil judge (junior division), agra on 19th february, 1996 in arbitration petition nos. 499 and 500 of 1995-sheikhein international v. agra development authority, agra and ors. since both .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)7VST482(All)
..... the writ of prohibition or certiorari will not issue against an executive authority, the high courts have power to issue, in a fit case, an order prohibiting an executive authority from acting without jurisdiction. where such action of an executive authority acting without jurisdiction subjects, or is likely to subject, a person to ..... assessment order was passed on october 29, 2002 under the provisions of u. p. trade tax act, 1948 (hereinafter called, 'the act'). thereafter, a notice under section 21 of the act was issued by the assessing authority for reassessment, to which the petitioner submitted reply. assessing officer passed the reassessment order on september ..... order was passed on october 29, 2002 under the provisions of the u. p. trade tax act, 1948 (hereinafter called, 'the act'). thereafter, a notice under section 21 of the act was issued by the assessing authority for reassessment, to which the petitioner submitted reply. while passing the reassessment order dated september 30, .....
Tag this Judgment!Court : Allahabad
Reported in : [2007(113)FLR870]
..... also possessed of the prescribed qualifications and such appointment of syed moid akhtar has also obtained approval of the authority concerned as early as in the year 2002, it is not the case of the state respondents that there is no requirement of l.t. grade ..... than ten years are deemed to have been appointed in lt grade in view of regulation 7 of chapter-2 of the regulations framed under intermediate education act. from the record it is established that appointment of syed moid akhtar was made after following due procedure prescribed for a minority institution. he is ..... cannot be granted promotion.6. promotion of teachers in the minority recognized institution is regulated by chapter-2 regulation 6 of the regulation framed under intermediate education act. promotion as lecturer is to be granted with reference to, annual character roll, entries which reflects upon performance of the teacher concerned along with essential qualifications .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3546
..... rule of discipline and the doctrine of binding precedents but it will also lead to inconsistency in decisions on points of law; consistency and certainty in the development of law and its contemporary status-both would be immediate casualty.43. it would have been better if the learned single judge while passing the referral ..... not maintainable. if abhishek kumar srivastava was aggrieved by his termination order, he could have filed a fresh writ petition.16. in light of the above developments, learned single judge passed a detailed order on 11.12.2006 expressing his opinion that the division bench was usurping the jurisdiction of a single judge in ..... of division bench in special appeal no. 63 of 2006, the appropriate course for the authority taking administrative decision was, to approach the judicial authority, i.e., a division bench which had issued the directions. thus, to our mind, acting under the orders issued in exercise of powers conferred by article 235 of the constitution of india .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2982
..... or specified part thereof or any land appurtenant to such building. initially, it was argued that there is no provision either under the act or the rules conferring power on the prescribed authority to recall or set aside the ex parte order. but the said argument was not pressed any further when his attention was drawn towards ..... enumerated in clauses (a) to (f), any other matter may be prescribed. rule 32 of the rules framed under the act specifically confers power on the district magistrate, the prescribed authority or the appellate or revising authority as the case may be, to set aside an ex parte order on sufficient cause including an ex parte order passed under ..... it was ex parte, was not filed. no satisfactory reply has been given by the learned counsel for the petitioner. section 34 of the act prescribes the powers of the various authorities and procedure to be followed by them while deciding a dispute between the parties. it provides that the powers vested in civil court under the .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)19VST480(All)
..... oil esa dksbz5. the above circular is based on the government order. it is settled principle of law that the circulars are binding upon the revenue authorities, even if contrary to the statute.6. in the case of commissioner of sales tax, u. p. v. indra industries reported in [2001 ..... by the commissioner of trade tax dated april 12,1983 which was issued on the basis of the government order. the assessing authority had not accepted the claim of the dealer and levied the tax at 10 per cent treating it as an unclassified item. ..... of this court. this court in a catena of decisions has held that the circulars issued under section 37b of the said act are binding on the department and the department cannot be permitted to take a stand contrary to the instructions issued by the board ..... rajes kumar, j.1. present revision under section 11 of the u. p. trade tax act, 1948 (hereinafter referred to as 'the act') is directed against the order of tribunal dated october 28, 1999 relating to the assessment year .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3618
..... existence and the inhibition against the deprivation of life extends to all those limits and faculties by which life is enjoyed.therein it was noticed:the right to development in the developing countries is itself a human right. the same has been made a part of w.t.o. and g.a.t.t. in 'the world trade ..... in nature, capitation fee and profiteering cannot be allowed to be indulged in:(a) although the institutions may generate a reasonable revenue surplus for the purpose of development of education and expansion of the institutions.(b) for admission in a professional institutions, merit must play an important role and meritorious candidates should not be treated ..... justice is the heartbeat of article 14 of the constitution of india. whether it is state authorities or private authorities involved in discharging of public duties they have to act in just and fair manner. even if, there is no provision in the act or statute, in case, any action is taken against an individual, which affects the right .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)21VST36(All)
..... also be accepted. he further submitted that once the agreement has been entered into between the applicant and the revenue authorities, such agreement cannot be revised under section 10b of the act. he submitted that the agreement under section 7d of the act can only be cancelled for the reasons given under the compounding scheme namely, in case if the applicant concealed the ..... and made mis-representation.5. admittedly, compounding scheme was accepted by the assessing authority. acceptance of the application was in the nature of agreement and it was not open to the deputy commissioner (executive) to set aside the agreement in exercise of powers under section 10b of the act.6. in my opinion, the issue involved is squarely covered by the decision .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC3001
..... landlord is not to be taken into consideration. however in another authority decided on 13.10.2004 in k. n. agarwal v. dhanraji devi 2004 (2) arc 764, a contrary view was taken and it was held by the supreme court that ..... petition). in diptee singh v. a.d.j. 2006 (1) arc 157, i considered the aspect of the subsequent events. in that regard i placed reliance upon three supreme court authorities. para 8 of the said judgment is quoted below:in shakuntala bat v. narain das : air2004sc3484 , decided on 5.5.2004, it was held that subsequent event of death of ..... k. n. agarwal the earlier authority of shakuntala bai was not considered. in kamleshwar prasad u. b. agarwal, : [1997]3scr508 , also it was held that death of the landlord does not make any difference. the said case arose out of u. p. rent control act and was considered in shakuntala bai's case.7. in view of the above if the company .....
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