Court : Allahabad
Reported in : 2007(3)AWC2310
..... paid on the aforesaid post to the two persons that is sri kant sharma as well as sri munish kumar saxena who were sent on deputation in the district urban development agency. it is also clear from the record that services of sri kant sharma was terminated immediately when sri munish kumar saxena joined the post.14. the document annexed ..... only a query was made by the commissioner from the executive officer regarding the daily wages class iv employees alone. sri munish kumar saxena remained on deputation in district urban development agency up to 31.3.2000. sri kant sharma moved an-application on 1.5.1997 for being appointed on the post of clerk on regular basis in the pay ..... cause has been issued under the aforesaid rules, as such, notice issued by the collector itself is without any authority of law. as per rule 4, the president cannot be held liable where the loss has been caused by an act of the president in the bona fide discharge of his duties. in case there was an emergency of work and .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2509
..... of himachal pradesh : 1954crilj1029 the state or its executive officers cannot interfere with the rights of others unless they can pint to some specific rule of law which authorizes their acts. in ram prasad narayan sahi v. state of bihar : [1953]4scr1129 this court said that nothing is more likely to drain the vitality from the rule of ..... mala fide and politically motivated; mala fide, because the impugned notice of re-entry upon forfeiture of lease dt. march 10,1980 issued by the engineer officer, land & development office under clause 5 of the indenture of lease dt. march 17,1958 for alleged breach of clause 2(14) and 2(5) - which in fact were never ..... governmental action was not s much for implementation of the provisions of the master plan or the zonal development plans framed under the delhi development act or the observance of the relevant municipal bye-la s under the delhi municipal corporation act but to use these provisos for an 'alien' purpose and in bad faith i.e. for demolition .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2576; [2008(118)FLR921]
..... rules. the legal and moral responsibility or the liability for the acts or omissions, duties performed and policy laid down rest solely on the minister of the department.20. similar issue came up for consideration before the apex court in secretary, jaipur development authority, jaipur v. daulat mal jain and ors. : (1997) ..... 1scc35 and in respect to the position of the minister, the apex court held:they are indictable for their conduct or omission, or misconduct or misappropriation. the council of ministers are jointly and severally responsible to the legislature. he/they is/are also publicly accountable for the acts ..... be appointed. the consolidation commissioner being head of the consolidation department and being the highest authority of the department, if at any point of time, it comes to his notice that any authority subordinate to him has acted illegally or any action is not consistent with law, he is competent to pass .....
Tag this Judgment!Court : Allahabad
Reported in : 2007CriLJ2230
..... complaint or the complaint is not entertainable by that court or cognizance of the offence alleged to have been committed cannot be taken without the sanction of the competent authority etc. in such matters magistrate should refuse to take cognizance but if the magistrate takes cognizance in such matters, and proceeds, the same may be curable under ..... been held that it would, however, be relevant to mention that for forming such an independent opinion the magistrate can act only upon the statements of witnesses recorded by the police in the case diary and other material collected during investigation. it is not permissible for him at that ..... or dropping the proceedings decide to take cognizance under section 190(1)(a) upon the original complaint or protest petition treating the same as complaint and proceed to act under sections 200 and 202 cr.p.c. and thereafter decide whether complaint should be dismissed or process should be issued.11. in this case it has also .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC2011
..... biswas (supra) would have application only when a body is created by the state itself for different purposes but incorporated under the indian companies act or societies registration act.... an authority necessarily need not be a creature of the statute.... applying the tests laid down hereinbefore to the facts of the present case, the board, ..... state of u.p., to arrange for 'library' ...its members,...to promote high professional tone, standard and conduct amongst members of legal profession, to promote and develop legal science, to watch legislation for the purpose of assisting in the progress of sound legislation and to print 'cause list', leave one in no doubt that ..... through its secretary or through such other person as may be authorised by these rules.objects3. the objects of the association are: (a) to promote the development of legal science and studies and to watch legislation for the purpose of assisting in the progress of sound legislation; (b) to safeguard and promote the interest .....
Tag this Judgment!Court : Allahabad
Reported in : 2007CriLJ2408
..... things, namely:(a) attaches and sells property under section 83;(b) issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority.(c) demands security to keep the peace;(d) demands security for good behaviour;(e) discharges a person lawfully bound to be of good behaviour;(f) cancels a bond to keep ..... , and also by the magistrate;provided that, when the complainant 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;....(b) ...provided....8. if, therefore, the magistrate has issued summons without examining the complainant .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1499
..... cadastral map or the topographical map. consequently, the application of the petitioner was not complete as contemplated under rule 6 of the rules of 1963. the revisional authority further found that the demarcation of the area of the site in question was not mentioned, which was a fatal error and that a comparative chart was ..... learned counsel appearing for respondent no. 5 and sri chandra shekhar singh, the learned additional chief standing counsel for respondent nos. 1 to 4.4. the revisional authority in the impugned order, held that the revisionist's map tallied with the cadastral map kept with the state government and that the map filed by the petitioner ..... under rule 78 of the said rules, bypassing the provision of an appeal before the commissioner, as contemplated under rule 77 of the said rules. the revisional authority, by the impugned order dated 19.10.2005, allowed the revision and cancelled the mining lease in favour of the petitioner and further directed the district magistrate .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)24VST340(All)
..... as general exemption granted to the goods under section 8(2a) of the central act and the goods manufactured by such institutions have been treated exempted from tax under the central act. the apex court held that the circulars are binding upon the revenue authorities though they may be contrary to the statute and it is not open to ..... the revenue authorities to take a different stand. thus, so long as the circular stands and ..... aforesaid notification dated january 31, 1985 issued under section 4(b) of the act turnover of shoes in the hands of the applicant was exempted from tax under the u.p. trade tax act. the claim of exemption had been rejected by the assessing authority, which has been confirmed by the tribunal. the tribunal, by the impugned order .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(78)AWC2129
..... courts below have rightly declined to interfere in the matter in view of the bar imposed by section 52d of the act. the petitioner could approach concerned authority for compounding the offence under section 68 of the act.4. learned counsel for the petitioner has emphatically disputed the argument of the learned a.g.a. it is submitted ..... or jurisdiction to release the seized goods is with the state government or forest officer to the exclusion of every other authority or court. a responsibility is imposed on the concerned officer under section 52a of the act, that such seized articles under section 52 shall without unreasonable delay be produced together with all the tools, boats, vehicles ..... the vehicle can be allowed to rot at the police station on account of inaction of the concerned authority. objection raised by the learned a.g.a. regarding a complete bar as imposed by section 52d of the act is absolutely correct but it is nowhere brought to my notice that any objection by the forest .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2617; [2007(113)FLR626]
..... without considering the fact that the issue was raised belatedly after 13 years is illegal.16. the supreme court in the case of haryana state co-op land development bank v. neelam 2005(105) flr 114 held-belated claim:the industrial courts like any other court must be held to have some discretion in the matter ..... became valid.4. from 1987 onwards, the workman remained silent and did not step into the matter except making wild allegations that he was representing before the authorities concerned and, eventually after a lapse of 13 years, a reference was made in the year 1988 referring the dispute to the labour court for adjudication with ..... government issued an ordinance no. 9 of 1987 which was subsequently replaced by the u.p. act no. 15 of 1987 clause 3 of the said act reads as under:notwithstanding any judgment, decree or order of any court, tribunal or other authority or any provisions of the uttar pradesh state road transport corporation employees ( other than officers) service .....
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