Court : Allahabad
Reported in : 2002(1)AWC558; (2002)1UPLBEC444
..... hence there is discrimination against him if he is proceeded against in a court of law.7. learned counsel for the petitioners then submitted that the delhi development authority and ghaziabad development authority have permitted conversion of residential plots to commercial purposes vide annexures-5 and 6 to the writ petition. in our opinion, we are not concerned with d ..... favour of the petitioner nos. 1, 2 and 3 or to remove by force petitioner no. 4.4. the facts of the case are that new okhla industrial development authority (hereinafter referred to as n.o.i.d.a.), had given residential plot no. a-778 in sector 19, n.o.i.d.a. measuring 274.37 ..... if the commercial user of these plots is not stopped.8. it may be mentioned that section 9 (2) (b) of the u. p. industrial development area act, 1976, states that the authority constituted under section 3 may, with the prior approval of the state government, make regulations providing for the layout plan of a building, whether industrial, commercial .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1994All66
..... proximity to residential, commercial or industrial areas or institutions. the existing amenities like, water, electricity, possibility of their furture extention, whether near about town is developing or has prospect of development have to be taken into consideration. see collector raigarh v. hari singh thakur, air 1979 sc 472, raghubans narain v. state of u.p., air ..... one of the appeals, it does not operate as res judicata. it is the finding or decision which operates as res judicata and not a decree. the authority cited by the learned counsel has no application on the facts of the present case. in that case a suit for specific performance had been filed wherein ..... had been acquired filed claims to compensation. the special land acquisition officer badaun, after holding an enquiry, gave awards as provided by section 11 of the act. some of the tenure-holders who had not accepted the awards made applications to the collector praying that the matter be referred for the determination of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All72; [1997]88CompCas569(All)
..... by the court to the effect '...... but private joint stock companies andeven closely held public companies are recognised exceptions as, in the present stage of the development of corporate management in this country, they are no better than glorified partnerships, where the holding does not represent mere investment for gain but has for its ..... its the company continues to exist ...... learnedcounsel for the appellants was, therefore, not right in suggesting that being a private company the ex-directors had full authorities and rights to withdraw the amount whenever it was so intended.'learned counsel has, however, referred to a decision of the delhi high court in the case ..... liability. the court in the course of winding up a company assesses and compels a delinquent director or officer to make payment in respect of the acts of misfeasance or malfeasance, breach of trust or wrongful retention or other misconduct. the proceedings are civil in nature and the question of establishing mens rea .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All15; (1990)1UPLBEC537
..... . state of uttar pradesh, air 1983 all 78 has upheld dispensing of the inquiry under s. 5a of the act for the purposes of planned industrial development by holding that general interest of the public requires industrial development to be made so that not only some of the people living there are given employment but also their living standard ..... -1988. period of four months taken by the government for publishing the notification under s. 6 of the act cannot be said to be unreasonable.5. so far as the third argument to the effect that the planned industrial development cannot be said to be the public purpose, which required urgent section is concerned, it also lacks force. ..... ; (i) correspondence and negotiation before the notification under s. 4 of the act, (ii) gap of time between the notifications under ss. 4 and 6 of the act and (iii) planned industrial development is an ordinary purpose, and as such s. 17(4) of the act should not be applied.3. from the perusal of the writ petition, it .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All114
..... from the various plots lying on the two sides of the gul. on his application for requisition, the tahsildar, who is the requisitioning authority under the u. p. rural development (requisitioning of land) act, 1948 (hereinafter referred to as 'the act'), invited objections if any from the various land-holders adjoining the gul. the petitioner who holds plots nos. 900 and 925 and other ..... ).4-a. to appreciate this argument it is necessary to mention that the act has been described in the preamble as 'an act to provide for the requisitioning of land to promote the improvement and development of agriculture and economic condition in rural areas.' section 3 of the act enables the requisitioning authority, if in its opinion it was necessary or expedient so to do .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC140
..... writ petition succeeds. the court considers it appropriate, regard being had to the circumstances of the case and the misplaced power displayed by the respondents between the chief development officer, rampur and the primary education officer (basic shiksha adhikari). rampur, respondent nos. 1 and 2 respectively, that they shall pay costs quantified at rs. ..... no uncertain term, states, in effect, that it will be the obligation of the state to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. thus came the insertion as an amendment to the constitution of india on ..... village is now a basic feature of the constitution. by no stretch of imagination ; the district administration could short-circuit the gram sabha and assert its authority by shifting a village school next to the panchayat house and put it on the village khalihan merely because the liquor shop had been surreptitiously installed next .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All111; [1993]76CompCas209(All)
..... branch mussorie, district dehradun, the respondent.2. the facts of the case, in brief, are that in respect of agricultural loan, national bank for agricultural and rural development (nabard) had recommended to the bank to advance a sum of rs. 41.26 lacs to the revisionist but instead of providing loan in terms of nabard scheme ..... gage by deposit of title deeds and, therefore, the order of the learned court below was clearly against the provisions of law and the civil judge has acted illegally in the exercise of his jurisdiction while allowing that part of the amendment application.4. learned counsel for the parties agreed that this revision be finally disposed ..... embarrass and delay the trial of the suit. the suit was based on a negotiable instrument and it is not open to either side to show that they acted benami through others. benami transactions are not recognized in connection with negotiable instruments. hence the claim which would affront any statutory provision was liable to be struck .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All99
..... on 15-1-1973, the government of india published a notified order, in exercise of the powers by section 18-aa of industries (development and regulation) act, 1951, hereinafter referred to as the act, authorising the uttar pradesh state sugar corporation limited, to take over the management of the shree sugar mills and company, doiwala district dehradun ..... by necessary implication excludes the application of any rules of natural justice, then the court cannot ignore the mandate of the legislature or the statutory authority and read into the concerned provision the principles of natural justice.20. these pronouncements of the supreme court leave no room for doubt that where ..... to principles of natural justice of audi alteram partem would be void. it is, therefore, not necessary to make a comprehensive discussion of those authorities which have been cited by petitioner's counsel on this point. suffice to mention that the applicability of the principles of natural justice to administrative .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC771
..... oh a misconception about the relationship of the provisions of parts ix and ix-a of the constitution with any legislation pertaining to industrial development. the gujarat industrial development act operates in a totally different sphere from parts ix and ix-a of the constitution as well as the gujarat panchayats ..... , it includes the ancillary powers for the election, nomination and other matters including disqualification for holding the. post of chairperson of a local authority as well as the settlement of dispute arising therefrom. the legislative powers of the state has not been curtailed by chapter ix of the constitution. in ..... correct that entry 5 list ii empowers the state legislature to legislate with respect to any subject relating to local government including the, constitution of such local authority. the constitution of panchayat, as provided in article 243b, and composition of panchayat in article 243c does not limit the powers of state legislature. in fact .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC15; (2000)IILLJ1575bAll; (2000)1UPLBEC272
..... this made the workman concerned and his heirs entitled to all benefits treating the workman as continuing in service. therefore, the application before the authority under the payment of wages act was maintainable.11. with regard to third objection of the petitioner also, i find force in the contention of the learned counsel for respondent ..... challenged the same further filing second appeal no. 1662 of 1982 which is pending in this court. anwar khan filed application before the authority under the payment of wages act claimingvarious amount under various heads which was allowed by the order dated 11.6.1993. petitioner corporation's appeal against the said order was ..... chakrabarti, j. 1. the order passed by the authority under the payment of wages act has been challenged here by the employer.2. relevant facts stated in the writ petition are that predecessor of the respondent nos. 3 to 10, one anwar khan was a development officer of the petitioner corporation and the corporation retired him .....
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