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Judgment Search Results Home > Cases Phrase: karnataka local authorities official language act 1981 Court: allahabad Page 45 of about 489 results (0.148 seconds)

Mar 22 2007 (HC)

Naveen Kumar Misra, Advocate and anr. Vs. Bhuvan Chand Pandey and anr.

Court : Allahabad

Reported in : 2007(4)AWC3797

..... which the agreed rent has been payable or the date of commencement of this act, whichever is later, and thereupon, notwithstanding anything contained in the law relating to that local authority, the assessment shall be corrected accordingly.in the present case, the assessment of the building as occupied by the tenant was less than the agreed rent and ..... it has also been provided in section 8(2) of the act that:(2) where the assessment of a building occupied by a tenant is lower than the agreed rent payable therefor, the district magistrate, on an application of the tenant or of his own motion, may, after giving to the landlord an opportunity of being heard, direct the local authority concerned to enhance the assessment in accordance with the agreed rent with effect from the date from ..... reasonable annual rent and also where there is neither the agreed rent nor the reasonable rent and in the present case, there was agreed rent, hence, in view of the section 5 of the act, petitioners were entitled to enhance the rent and on the part of the petitioners only, the notice was required to be served and admittedly, in the present case, the notice was served by the ..... defendant wilfully avoided the service of this notice and thereafter another notice dated 20th of august, 1985, was sent under section 106 of the transfer of property act and even then the notice sent on official address was refused by the defendant. ..... 1981 .....

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Aug 17 2006 (HC)

Shiv Charan Prasad Gupta and anr. Vs. Smt. Krishna Tewari (D.) by L.Rs ...

Court : Allahabad

Reported in : 2006(4)AWC3781

..... before parting with the case it may be noted that the learned counsel for the opposite party vehemently submits that the property in dispute is in posh locality of agra and as a matter of fact the defendants-tenants are not residing therein and they have sub-letted to other persons, and made profits. ..... 50 per month was the agreed rent, as mentioned in the allotment application but the said agreement was never acted upon by the parties, inasmuch as on the basis of material on record it has been found that the defendants tenants agreed to pay rs. ..... 450 in the beginning of february 1977, their tenancy has been terminated by means of notice which was served on the defendants on 20.11.1981, as they were in arrears of rent for more than four months. ..... the said kothi is situate in a posh locality of agra and at a very modest estimate will certainly fetch more than rs. ..... urban building (regulation of letting, rent and eviction) act, 1972 'standard rent' is defined in section 3(k) of the act. ..... (in words) as one month's, six month's presumptive rent in accordance with sub-section (9) of section 16 of the said act.16. ..... feeling aggrieved against the aforesaid judgment and decree, present revision is on behalf of tenants under section 25 of provincial small cause courts act.2. .....

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Jan 30 2008 (HC)

Mahboob Ali and ors. Vs. Indrawati and ors.

Court : Allahabad

Reported in : 2009ACJ798

..... what constitutes negligence varies under different conditions and in determining whether negligence exists in a particular case, or whether a mere act or course of conduct amounts to negligence, all the attending and surrounding facts and circumstances have to be taken into account. ..... briefly stated the facts are that the claim petition under section 110-a of the motor vehicles act was filed by father, brother and sister of the deceased against vehicle owner lalta prasad pandey and national insurance co. ..... in respect of quantification i intend to apply the structured formula provided under the new act of 1988 in view of the law laid down in the case of qamrun nisan f.a.o. no. ..... (iv) exercise of statutory authority. ..... of vehicle' in question and also on account of rash and negligent driving of tempo driver in blowing horn suddenly from a close distance and, therefore, the appellants are entitled to get an appropriate compensation under the motor vehicles act which is a beneficial legislation meant for citizens of a welfare state.20. ..... this accident claim was filed by the father, brothers and sisters of the deceased boy aged 14 years 4 months under the old motor vehicles act against owner of the vehicle (tempo) and national insurance co. ..... in september 1981, late lalta prasad had sold this tempo to one mahendra singh on the condition that mahendra singh shall henceforth continue to deposit any dues in respect of tempo and the said mahendra singh had engaged a .....

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Jul 06 2007 (HC)

Sunil Kumar Srivastava S/O Sri Vijay Bahadur Srivastava and Anil Kumar ...

Court : Allahabad

Reported in : [2008(118)FLR629]

..... the petitioners, inter alia, is that despite being appointed against substantive post of vaccinator they have been terminated without any notice or affording any opportunity and that the order has been passed by an authority below in rank of the appointing authority.while granting time to file counter affidavit and rejoinder affidavit the court granted interim order dated 3.2.1997 staying the operation of the impugned order dated 6.1.1997.6. ..... in an appointment such irregularity may be ignored particularly when an employee has put in about 20 years of service.in rajendra singh yadav (supra) it has been held that even if an appointment is invalid being not made by competent authority specially when there is government order not to make appointment on the post, the employee should be given right to be heard before cancellation of the appointment.16. ..... of the counter affidavit it is averred that in accordance with government order dated 10.3.1978 the administrator/mukhya nagar adhikari is the appointing authority and not the nagar swasthya adhikari and that the post of vaccinator is dying cadre. ..... municipal corporation act the authorities of corporation/nagar nigam shall be guided by directions issued on the questions of policies given by the ..... of his contention the learned counsel for the respondents has relied upon the decisions rendered in state of karnataka v. ..... order of 1981, 1984 etc ..... month as is evident from the government order dated 30.12.1981 appended as annexure c.a. ..... 30.12. .....

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Jan 07 2011 (HC)

Court : Allahabad

..... , persons not being members of the university, as the university may determine; (5a) to withdraw degrees, diplomas, certificates and other academic distinctions; (6) to co-operate with other universities and authorities in such manner and for such purposes as the university may determine; (7) to institute professorships, readerships, lectureships and other teaching posts required by the university and to appoint persons to ..... at par with the teachers of the university is founded on their claim that schools in which they are appointed were in existence before the enactment of the act and on the establishment of the university under the act, these schools became part and parcel of university and should be treated to be an integral part of the university like colleges of the university and there cannot ..... secondary, primary or infant school or pathshala is maintained by university or not is wholly irrelevant in order to bring a school of this nature within the term "college" under the act for the simple reason that the definition is extended to every college or teaching institution which is maintained by or admitted to the privileges of the university but specifically and unambiguously excludes ..... these cases, by virtue of ordinance of 1957 but later on this comparability seized by substitution of earlier ordinance by new one framed in 1979 which was substituted by 1981 and 1991 ordinances, validity whereof is not under challenge in any of these writ petitions. 23. ..... , state of karnataka vs. .....

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Dec 23 2010 (HC)

Govind Bhawan Karyalaya Vs. State of U.P. and Others

Court : Allahabad

..... to employees in any scheduled employment in respect of which minimum rates of wages have been fixed, means the index number ascertained and declared by the competent authority by notification in the official gazette to be the cost of having index number applicable to employees in such employment;" section 3 (1) (b) of the act provides for review of the minimum rates of wages, which is being quoted hereunder:- "(1) the appropriate government shall in the matter hereinafter provided; (b) review ..... 1992 issued by the state government in exercise of powers under clause (b) of sub section (1) and clause (c) of sub section (2) of section 3 read with clause (i) of sub section (1) of section 4 of the act in supercession of the earlier notification dated 20.6.1986 and after consulting advisory board and after having considered the objections and suggestions received in respect of the proposals published on 31.7.1991, the minimum rates of wages were ..... section 2(h) specifically provides that value of the following items is not required to be computed for finding out whether employer pays minimum wages as prescribed under the act:- (i) the value of any house, accommodation, supply of light, water, medical care, or any other amenity or any service excluded by general or special order of the appropriate government (ii) any ..... state of karnataka (supra) in which it was provided that the competent authority is not required to bifurcate each component ..... kamgar sangathan, poona air 1981 sc 409 (paras 2, .....

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Jun 22 2011 (HC)

Asok Pande Vs. Union of India

Court : Allahabad

..... the joint drafting committee has been principally made on the following grounds: 1.that the impugned resolution is beyond any lawful provision and is completely extra-constitutional; 2.that it is settled that law-making is purely legislative act and, therefore, public inclusion is not valid; 3.that public-private-partnership in law making is not recognized and, therefore, any such attempt is ultra vires the constitution; 4.that the process through which nominees have ..... ''discretion' in the words of lord halsbury means "when it is said that something is to be done within the discretion of the authorities that something is to be done according to the rules of reason and justice, not according to private opinion...according to law and not humour. ..... the constitution does not permit the court to direct or advise the executive in matters of policy or to sermonise qua any matter which under the constitution lies within the sphere of legislature or executive, provided these authorities do not transgress their constitutional limits or statutory powers. ..... the people govern themselves through their representatives, whereas the official agencies of the executive government possess only such powers as have been conferred upon them by the people; (2) there is distribution of powers between the three organs of the state-legislative, executive and judicial-each organ ..... wakefield, 1981 ac 173, 179; see also kumaon mandal v. ..... union of india, air 1981 sc 1545). .....

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Nov 29 1999 (TRI)

Dr. A.K. Bansal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (2000)73ITD49(All.)

..... shri agarwal also did not agree with the proposition of the invocation and applicability of the 'doctrine of implied authority', canvassed by shri garg, shri agarwal with reference to certain authorities also contended that no words could be added in the language used by a statute and as such in the opening sentence of section 158bc of the act in place of "search", the phrase "valid search" could not be substituted.elucidating, it was contended by him that even the use of material found as a result ..... in this connection, sri pradeep appearing on behalf of the assessee company, has brought our notice to the further discussions made by the karnataka high court in that very case at page 63 of the reported judgment, as below : 'the stage for disclosure of the materials is reached only when the revenue resolves to proceed to make an appropriate order imposing tax liability or penalty, ..... for the purpose of removal of our suspicion in that regard only, we wanted to inspect and verify the official records supposed to be maintained in this connection, the claim of privilege on the pall of the department is certainly unwarranted in view of the above decisions. ..... (3) without prejudice to the powers conferred on the supreme court by clauses (1) and (2), parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercised by the supreme court under clause (2). .....

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Jan 13 2011 (HC)

Tukman Singh Vs. Union of India and Others

Court : Allahabad

..... in spite of this language used in section 20d (1) of the railways act, it is possible to read the period of 30 days from the date of publication of substance of notification in the two local newspapers under section 20a (4) and not the notification in the official gazette under section 20a (1) ..... that publication of the substance of the notification in the locality in the official gazette is a mandatory requirement and failure to do so would result in declaring the acquisition proceedings illegal and also for the proposition that the authority must exercise the powers in good faith. ..... of the petitioner is that the failure to publish the substance of the notification in daily newspapers before the expiry of 30 days from the date of publication in the government official gazette would result in grave illegality and arbitrariness on the part of the authority concerned, and consequently, the notification dated 3.11.2010 published in the government official gazette dated 9.11.2010 is liable to be quashed and set aside. ..... (1) where no objection under sub-section (1) of section 20d has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objections under sub-section (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the central government and on receipt of such report, the central government shall declare, by notification, that the land should be acquired for ..... - (1981) .....

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Nov 26 2010 (HC)

Km. Indu Mishra Vs. Union of India and ors.

Court : Allahabad

..... of india, new delhi and others, 2002 (44) acc 1117 and has referred the following questions to be considered by a larger bench:- "(1)whether the district magistrate/detaining authority acting under section 3 (2) of the national security act is required to communicate to the person detained, regarding right of making representation to him in view of apex court's decision in kamlesh kumar's case (supra)? ..... on the aforesaid discussion, we find it difficult to agree with the argument of shri prem prakash yadav, that it is obligatory for the district magistrate/ detaining authority under national security act, 1980, to communicate the detenue his right for making representation to him, and that non-communication of the period of 12 days within which he can make representation to ..... court in sri anand hanmathsa katara (supra) has explained the scheme of karnataka act of 1985, which is much close to, and more appropriate to the preventive detention under the national security act, 1980 and conforms to art.22 (5) of the constitution of india. ..... if, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a district magistrate or a commissioner of police, the state government is satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may be specified in the order, ..... guard kamlesh narain mishra were recovered from official residence of petitioner km. ..... air 1981 sc ..... state, (1981) 2 .....

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