Court : Allahabad
Reported in : I(2008)BC608
..... sanction these loans and advances or that there was any restriction put by the board for giving the advances.12. in ghaziabad development authority v. balbir singh : air2004sc2141 , the supreme court held:in official liquidator, supreme bank ltd. v. p.a. tendolkar (dead) by lrs : [1973]3scr364 , the ..... question which arose for consideration was as to whether a director having regard to the provisions of section 235 of the companies act, committed acts of misfeasance. the said decision ex facie has no application in the present case. therein, this court was concerned with a case where the director was held to ..... form of (sic) namely, misfeasance in public offices which includes malicious use of power, deliberate maladminitration and perhaps also other unlawful acts causing injury. one of the reasons for this appears to be development of law which apart, from other factors succeeded in keeping a salutary check on the functioning in the government or semi government .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1952
..... /b) of 2002, are that petitioner no. 1 doon international educational society, is a society registered under the societies registration act, which runs a school at 3, mohini road, dehradun. a plan was submitted by petitioner no. 1 to the mussoorle-dehradun development authority (hereinafter referred as m.d.d.a.) on 31.5.2001, for further constructions in the building. after expiry ..... the government has no power at all to pass any order under the u.p. urban planning and development act, 1973 (applicable to the state of uttarakhand) in the matter. section 41 of the aforesaid act, reads as under:41. control by state government-(1) the (authority, the chairman or the vice-chairman) shall carry out such directions as may be issued to it .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)SLJ492(NULL)
..... in (i) situations, which need immediate action, (ii) only in respect of a matters, where power is otherwise has been coffered on any authority of the university under the act.44. this emergent power cannot be exercised for over reaching the restrictions placed under the 1st statutes of the allahabad university. the power of the ..... may if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the university by or under this act and shall report to such authority at its next meeting the action taken by him on such matter.provided that such exercise of power shall be made ..... afresh application for being conferred the privilege of autonomous college in accordance with the statutes and ordinances framed under the central universities act, which has not been done. the vice-chancellor has no authority under law to issue any orders contrary to the aforesaid first statutes of the university of allahabad (central university). the order .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(117)FLR324]
..... the industrial tribunal and in this court also alongwith the counter affidavit. in fact, his applications for leave were not dealt with. the h.a.l. authority was acting with a pre-detemined mind to terminate the service of respondent no. 2. the respondent no. 2 on being medically fit immediately reported for duty but he ..... gulistan colony,lucknow.13. the respondent no. 2 was not even apprised of the reasons as to how his applications were dealt with and what persuaded the authority to reject his application for rejoining the duties. a concession has been provided in the standing orders that if the employee explains to the satisfaction of the management ..... order xxi(ii) of the standing orders. the respondent no. 2 under bona fide belief had submitted his application seeking leave on medical and personal grounds. the authorities ought to have dealt with the applications and passed reasoned and speaking orders. in the present case, straightaway the impugned order dated 14.8.1981 was issued .....
Tag this Judgment!Court : Allahabad
Reported in : [2008]142CompCas826(All); [2008]82SCL19(All)
..... over bari dolomite mines and the mining operations which continued after may 1987 were in violations of the provisions of the mines and minerals (regulation and development) act 1957 read with mineral concessions rules 1960. the renewal applications were not accompanied by any mining plan as statutorily required under the provisions of rule 22(3 ..... the fact, that the representative of the state government, was member of the asset sale committee will not make any difference as the state government had no authority to include any mines, which were not assets of the company in the advertisement of sale of the company (in liquidation). there was no such offer ..... . smpl has made substantial effort and made bari dolomite mines feasible and viable and has secured high valuable dolomite supply orders worth several crores from steel authority of india ltd after furnishing bank guarantees of huge amounts as securities for timely performance of such high valued supply orders. he submits that by an .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All158; 2007(3)AWC2783
..... is incharge and is in direct control over all such matters and all litigations concerning agrarian disputes. the nature of the power conferred on such a authority, therefore, makes it imperative to clothe him with such powers as are necessary to give effect to his orders.23. for the reasons as indicated herein above, ..... were clearly available right from the time of enactment of the u.p.z.a. and l.r. act, 1950 perforce of the provisions of section 341 thereof.22. the sub divisional magistrate who is ordinarily the prescribed authority to try such suits is also the sub divisional head of the entire revenue territory under his jurisdiction. he ..... otherwise the provisions of c.p.c. have been made applicable to all such proceedings under the act as per section 341.9. the injunction order in the present case granted by the board of revenue while exercising its appellate authority under sub-section 4 of section 331 is traceable to the powers conferred under the aforesaid provisions. .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)215CTR(All)332; [2009]91SCL202(All)
..... held:the legal position will be different if there is a fraudulent misrepresentation not merely as to the contents of the document but as to its character. the authorities make a clear distinction between fraudulent misrepresentation as to the character of the document and fraudulent misrepresentation as to the contents thereof. with reference to the former, ..... such rights. it cannot be said that such a right was taken away merely on account of the deletion of the proviso to section 38 of the companies act, 1956. otherwise under the garb of rectification one may lay claim of many such contentious-issues for adjudication not falling under it.in my opinion, the appellant ..... there were matrimonial differences between them for a long period of time. shri naveen kohli, respondent no. 2 filed a petition under section 13 of the hindu marriage act, 1956 for divorce. the family court ordered dissolution of marriage, which was solemnized on 20.11.1975 and directed shri naveen kohli to pay rs. 5 lacs as .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(78)AWC2445
..... taiyya falling within tahsil sakladiha district varanasi as surplus. against the said order, an appeal was preferred before the appellate authority, i.e., commissioner as in the meantime, section 13 of the u.p. act no. 3 of 1986 by which judicial power of deciding the appeal vested in the district judge was halved off from ..... these oral evidence was altogether eschewed from consideration. it is further clear that initially the prescribed authority issued notices for declaring the land under agricultural income tax act but ultimately exemption was granted under section 8 of the said act reckoning the math as charitable and religious institution. again attention was drawn to annexure 9, ..... charitable trust entitled to get benefits flowing from section 6(1)(f) of the act. thus, the above judgment passed by the prescribed authority and also the appellate authorities are unsustainable in law.9. in so far as vires of u.p. act no. 3 of 1986 is concerned, the petitioner has relied upon a decision .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3669
..... the additional district judge allowing the application of respondent no.5 for summoning the original ballot papers for inspection. the petitioner was elected as the pramukh of the development block dataganj in district budaun. the respondent no.5 filed an election petition alleging that out of the total vote cast, one vote was rejected and one ..... the election of the respondent is being questioned as also the summary of the circumstances alleged to justify the election being questioned on such ground; and2. the authority is, prima facie, satisfied on the basis of the materials produced before it that there is ground for believing the existence of such ground and that making ..... full bench of this court in ram adhar singh v. district judge, ghazipur and ors. 1985 acj 19 held that the authorities while hearing the election petition under the provision of u.p. panchayat raj act can be permitted to look into or can direct the inspection of the ballot papers only upon the existance of two conditions .....
Tag this Judgment!Court : Allahabad
Reported in : 2007CriLJ3165
..... of h.p. 2002 (1)crimes 385.11. there is another aspect of the matter and that is that under section 52 of the act session's judge is the appellate authority of any order passed by the board. thus in an appeal a session's court has got the power to set aside the order of ..... treatment and rehabilitation for them. the purpose of enactment is 'an act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection by providing for proper care, protection and treatment by catering to their development needs and by adopting a child - friendly approach in the adjudication and ..... disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment.'with such an avowed object, the provisions of the act has to be construed in such a .....
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