Judgment Search Results Home > Cases Phrase: karnataka local authorities official language act 1981 Court: allahabad Page 42 of about 489 results (0.074 seconds)

Shailendra Kumar Ojha and ors. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)1UPLBEC415

..... of the constitution, if found to have been made by a person without any competence or without following the procedure prescribed by law and in case, the procedure is not prescribed and the procedure adopted by the authority is not in consonance with articles 14 and 16 of the constitution, the incumbent cannot claim any benefit as in such a case, the contract of service becomes enforceable and in-executable.43. thus, it also becomes ..... state by one stroke of pen was without application of mind and thus, arbitrary and held that such an action of the state was totally unreasonable and the unfettered discretion is in appropriate to a public authority and thus, the hon'ble apex court held that in such a case, it was permissible for the court to have a judicial review of the orders of removal passed arbitrarily as judicial review is ..... be disposed of by a speaking and reasoned order;(3) while considering the applications for renewal, the findings of fact shall be recorded by the authority concerned as to whether initial appointment of the petitioners had been made in accordance with law and in case, answer is negative, the ..... in shrilekha vidyarthi (supra), the apex court has observed as under :--'every such action may be informed by reason and if follows that an act uninformed by reason is arbitrary, the rule of law, contemplates governance by law and not by humour, whim or caprice of the men to ..... , 'they have certain professional and official obligations and privileges. ..... 1981 .....

Shaukat HusaIn Vs. Smt. Saroj Bala and anr.

Court : Allahabad

Reported in : AIR2005All273; 2005(1)ARC21; 2005(1)AWC324

..... that sub-rule (1) of rule 17 does not contemplate a decision on merits can also be noticed from the difference of language employed in order xli, rule 17(1) civil procedure code and that in order xli, rule 17 (2) civil procedure code. ..... the reason appears to be as was pointed out by the karnataka high court in air 1946 kant 160. .....

Ram Briksh Prasad Vs. Member-secretary Regional Administrative Committ ...

Court : Allahabad

Reported in : (2003)2UPLBEC1527

..... disclose all material placed before it in the course of the proceedings and cannot utilize any material unless the opportunity is given to the party against whom it is sought to be utilized; the adjudicating authority must, give an opportunity to the party concerned to rebut the evidence and material placed by the other side; and in disciplinary proceedings under article 311 of the constitution of india against the civil servants and in cases of ..... , (1998) 8 scc 733, the hon'ble apex court explained the distinction between 'retrenchment' and 'abandonment' from service, observing that termination contemplates an act on the part of the employer which puts an end to service to fall within the definition of the expression 'retrenchment' and in case, the workman does not report for duty, it would amount to abandonment of service by the employee of ..... the petitioner did not attend the duty in spite of the publication of notice in the local news papers, thus in spite of the fact the enquiry had not been held against him, we fail to understand as to what reply he could have submitted and thus, it could have been an exercise in futility. ..... governor of karnataka and anr. ..... jag mohan, air 1981 sc 136, the hon'ble supreme court has observed, that where on admitted or undisputed facts, only one conclusion is possible and under the law only one penalty is permissible, the court may not issue .....

Ram Kunwar Singh and ors. Vs. Pramod Kumar and anr.

Court : Allahabad

Reported in : 2007(4)AWC3414

..... in the former case, it was held, a suit was cognizable by the civil court while in the later, it was not, it being open to the statutory authority to take note of the legal incidents of what was non est..it is true that the question of jurisdiction depends upon the allegations in the plaint and not the merits or the result of ..... suits for cancellation of such documents being of civil nature are cognizable by a civil court and even otherwise suits claiming relief provided under specific relief act are entertainable only by a civil court and no revenue court or any other court can entertain such a suit including for cancellation of an instrument or document..thus one who has reasonable apprehension that any ..... the full bench of this court in ram padarath (supra) also considered this aspect and observed:section 331(1a) of the 'act' provides that objection to the jurisdiction of court is to be taken before framing of issue, otherwise its notice will not be taken by appellate or revisional court also with a further rider that unless there is failure of justice ..... 1981 all cj 148, yet another division bench of this court observed that since the appellant failed to satisfy the court that the trial of the suit by the civil court resulted into failure of justice, the second condition stipulated in section 331 (1a) of the act was not satisfied and, therefore, the appellant was not entitled to raise the question of jurisdiction before ..... of the civil procedure code is also in similar language. .....

Dharam Chand and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2003)3UPLBEC2322

..... the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest. ..... if a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration. ..... is made clear that this court has not considered the merit of the said representations made by the petitioners as it is for the concerned authority to consider the same while deciding the said representations. ..... while ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the government on the ..... the administrative tribunal is not an appellate authority sitting in judgment over the orders of ..... transfer orders issued by the competent authority do not violate any of his legal ..... substitute its own judgment for that of the authority competent to transfer. ..... if a transfer orders is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. ..... be transferred where, is a matter for the appropriate authority to decide. ..... of the tribunal reads as if it were sitting in appeal over the order of transfer made by the senior administrative officer (competent authority).'12. ..... of karnataka and ors ..... deputy director, health services, air 1981 sc 1577.20. .....

Public Sector Employees Cooperative Housing Society Ltd. (Saravjanik K ...

Court : Allahabad

Reported in : 2008(2)AWC1697

..... words 'government' and 'department' as generally understood, are quoted below:government - official authority that exercises control; authority which rules and issues directions.department - a branch or division of a business, government ..... the representation/reply of the petitioner has not found favour with greater noida authority and vide order dated 02.09.2006, the allotment made in favour of the petitioner-society has been cancelled on the ground that the petitioner society did not possess the ..... wherein it has bi en observed that in case the petitioners had spent some amount, the doctrine of promissory estoppel or equity will not apply only on that ground if the authority comes to the conclusion that the allotment itself had been made illegally. ..... estoppel is a rule of evidence and the general rule is enacted m section 115 of the indian evidence act, 1872, which lays down that when one person has by his declaration, act or omission caused or permitted another person to believe a thing to be true and to act upon that belief, neither he nor his representative shall be allowed in any suit or proceeding to deny the ..... furnished by learned counsel for the petitioner as under what circumstances, such a certificate could be submitted by the petitioner-society and what was the purpose of using such a language therein.34. ..... [1981]2scr712 , the question arose that in case the land is acquired for the food corporation of india, whether the provisions of part vii of the land acquisition act, 1894 .....

Kapil Dhawan Vs. Chhotey Lal Gaya Prasad Trust and ors.

Court : Allahabad

Reported in : 2009(1)AWC831

..... as on 2.11.1992 suppressing the material fact of its registration having been cancelled, making allegations against the appellant which were no more than the contents of the complaints filed by him before the authorities which had been found to be false after thorough investigation by the karnataka lokayukta, would unmistakably establish that the writ petition initiated by respondent nos. ..... exceptional cases as the expression 'ordinarily' indicates, a person who has been prejudicially affected by an act or omission of an authority can file a writ even though he has no proprietary or even fiduciary interest in the subject-matter ..... on the part of the other members of the committee and the treatment meted out to him by the authorities concerned support the inference that he was authorised to act on behalf of the committee. ..... ground for thinking that in adopting section 3, the provisions of chapter v of the transfer of property act, 1882, the legislature had the intention of applying these provisions to all tenancies to which the bombay tenancy act, itself apply irrespective of the fact whether these tenancies were created before 1.4.1930, or not? ..... (amendment) act, 1976 must necessarily mean to borrow the language of order iii, rule 1, c.p.c.any appearance...or by a pleader appearing applying or acting as the case may be on his behalf:provided that any such appearance shall if the court so desires be made by the party in person.thus, in my view the court can direct any party to be .....

Rajnish Kumar and ors. Vs. Chatrapati Sahu Ji Maharaj Medical Universi ...

Court : Allahabad

..... we may also cautions the authorities that though, in the present case, for reasons which we have already given we are not interfering with the selection for the academic year 1979-80, the selections made for the subsequent academic years ..... the learned author then proceeds to add in a highly perceptive and critical passage:the oral examination has failed in the past in direct proportion to the extent of its misuse. ..... khalid mujib sehravardi reported in : 1981 (1) scc 722. .....

Sri. Tarun Kumar Chhabra Vs. U.P. Awas Evam Vikas Parishad, and Others

Court : Allahabad

Reported in : AIR1991All99; (1990)2UPLBEC1330

..... writ petition as prayed for'in the instant case the relationship between the parties are governed by non-statutorycontract and as such in view of the law laid down by hon'ble supreme court in case of bareilly development authority (supra) these writ petitions are not maintainable, and the only remedy left to the petitioners is to file suit in civil court for necessary reliefs.5. ..... the aforesaid decisions do not help the petitioners as in both the cases of dwarkadas marfatia & sons and mahabir auto stores the impugned decision of the authorities were taken under a new policy and the relationship between the parties were not governed by any concluded contract.7. ..... the controversy involved in these petitions stands decided by supreme court in bareilly development authority (supra) where on similar facts it was laid down that after the state and a citizen has entered into a non statutory contract, their relations are to be governed by terms and conditions of the contract and not by ..... 12 of the constitution, while determining price of the houses/ flats constructed by it and the rate of monthly instalments to be paid, the 'authority' or its agent after entering into the field of ordinary contract acts purely in its executive capacity. ..... oil corporation (1990 (1) judgment today 363) : air 1990 sc 1031 the writ petition against the action of public body or statutory authority is maintainable even if the relationships are governed by non-statutory contract. ..... (1981) 3 scr 662 : (air 1981 sc 1368) .....

Laxmi NaraIn Vs. Banshi Lal and anr.

Court : Allahabad

Reported in : AIR1965All522

..... of : air1955sc481 , where their lordships of the supreme court laid down that 'the law is that once a reversioner has given his assent to an alienation, whether at the time, or as a part of the transaction, or later as a distinct and separate act, he is bound though others may not be, and having given his assent he cannot go back on it to the detriment of other persons : alt the more so when he himself receives a benefit.' 9. ..... satya kripal, 10 cal l j 503 afford good authority for the proposition that a doubtful claim based on the allegation of an antecedent title is not essential for the validity of a family arrangement; such arrangement may bind the parties to it if it is for the benefit of the family or tor ..... , after a review of the authorities on the question, observed as follows : 'in my opinion the english law on the subject, as propounded in halsbury's laws of england, and in particular the decision in williams v. ..... on the authority of this full bench decision, therefore, it must be held that a family arrangement does not presuppose the existence of a claim which is either well-founded or may have a chance of being established nor does it necessarily involve reciprocal - ..... raghava mudaliar air 1981 s c 797 by their lordships of the supreme court in the following words : 'thus it may be taken to be well settled that if a presumptive reversioner is a party to an arrangement which may properly be called a family arrangement and takes benefit under it, he would be .....