Court : Allahabad
Reported in : 1999(2)AWC1408; (1999)2UPLBEC877
..... development and panchayat raj, government of karnataka, bangalore and ..... in view of the authorities cited above, it must be held that the provisions of section 5a(2) of the act and the rules framed thereunder are mandatory and it is incumbent on theland acquisition collector to afford an opportunity of hearing to the objector and also to provide opportunity to lead evidence ..... it is stated that the contents of paragraph 19 of the writ petition is specifically denied and that the objection under section 5a of the petitioners were duly considered by the authorities in accordance with law and the same were referred to state government ..... 17 of the counter-affidavit which is in reply to paragraph 16 of the writ petition is stated that the objection under section 5a was disposed of in accordance with law and the statement made in paragraph under reply is incorrect, misconceived and misleading, ..... this court is very reluctant to quash notification issued under section 4(1) and notification under section 6(1) of the act because doing so will cause considerable delay in land acquisition proceedings and the work connected with the establishment of a big scheme like 'new kanpur city scheme' ..... the order-sheets are marked annexure-ra-2, it was pointed out that admittedly the objections under section 5a were filed on 17th january, 1997, but according to order-sheet, the objections ..... state of bihar and others, (1993) 4 scc 255, in which it has been held that affording of opportunity of being heard to .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2159
..... commissioner that the amendment in the panchayat raj act, 1947, by means of ordinance encroaches upon the plenary powers of state election commission with regard to superintendence, direction and control of 3 er elections of panchayats by the state election commission, contained in article 243k of ..... panchayat raj act, not only trench upon the field of article 243k, of the constitution but also more or less nullify the powers of the state election commission ..... panchayat raj act and sections ..... it was further averred by the election commission that as a follow-up action to that letter, the director panchayat raj issued a letter to all the district officers on 1.4.1999, directing them to invite objections with regard to the de-limitation of territorial area of gram panchayata by 15th ..... section 12 of the united provinces panchayat raj act, 1947, hereinafter in this chapter referred to as theprincipal act, after subsection (3), the following subsection shall be inserted, namely :'(3a) notwithstandinganything contained in any otherprovisions of this act, where, dueto unavoidable circumstances orin public interest, it is notpracticable to hold an election toconstitute a gram panchayatbefore the expiry of its duration,the state government or anofficer authorised by it in thisbehalf may, by order, appoint anadministrative committeeconsisting of such number ofpersons qualified to be elected asmembers of the gram panchayat ..... of a division bench of karnataka high court in professor b. ..... 1993 .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2634
..... court took note of this fact and examined the rules in the light of the provisions of section 14(4) of the panchayat raj act, observing that if the provisions of rule 33-b(2) is held mandatory, it will run, counter to the provisions of section 14 of the panchayat raj act and thus, it was held to be imperative. ..... subordinate legislation, wherein the provisions of the rule were held to be imperative and had itbeen held to be mandatory, the provisions of the rule became liable to be struck down being ultra vires of the statutory provisions ofsub-section (4) of section 14 of the panchayat raj act.26. ..... the provisions of section 14(4) of the panchayat raj act authorise the government for prescribing the procedure for the removal of ..... panchayat raj act ..... case is quite distinguishable from the said case, the said case had been in respect of the panchayat raj rules which is subordinate legislation and cannot override the statutory provisions contained in the u.p. ..... adhiniyam, 1961, a motion expressing no-confidence in the pramukh or up-pramukh is to be considered in a meeting on the date appointed by the collector, which shall not be later than 30 days from the day on which the notice undersub-section (2) of section 15 was delivered to him, and in the instant case, as the notice had been served upon him on 30.6.2003, he cannot be permitted to hold the meeting on 22nd september, 2003 and as the said notice stood lapsed, the ..... public service commission and ors ..... of karnataka etc. ..... : (1993)illj965sc .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2234
..... panchayat raj act, 1947, to specify a ..... the supreme court was considering the power of the deputy commissioner under section 4 of karnataka zila parishad, taluk panchayat samithis, mandal panchayats and nyaya panchayats act, 1983. ..... village and district levels specified by the governor of a state by public notification to be the intermediate level for the purposes of this part :(d) 'panchayat' means an institution (by whatever name called) of self-government constituted under article 243b, for the rural areas ; (e) 'panchayat area' means the territorial area of a panchayat;(f) 'population' means the population as ascertained at the last preceding census of which the relevant figures have been published ;(g) 'village' means a ..... preparation of the ordinance/bill, the matter was again examined at various levels from time to time and noticing extreme difficulties on administrative and financial side, the board of revenue as well as the finance department submitted their recommendations that newly created districts and divisions arc neither desirable nor viable and thus should be abolished. ..... 2002 (2) scc 7, the supreme court while considering the nature of power of the state government while issuing a notification under section 3 of punjab panchayati raj act, 1994, for constituting a gram sabha laid down the following principles for classifying the functions in paragraph 7, which is ..... constitution of financial commission to review financial position with regard to panchayats of all level .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4125
..... the contesting respondent namely anusuiya filed an election petition under section 12c of the panchayat raj act against the said election of the petitioner kamla devi, which was registered as election petition no. ..... fot;h ?kksf'kr dj fn;k x;k ftldks izfrmrrjnkrh la[;k 2] 5] 6 o 8 us hkh vius c;ku rgjhjh eas lohdkj fd;k gs rfkk erx.kuk esaa vfu;ferrk gksuk lohdkj fd;k gs ftldh iqf'v hkh vuqlwb;k nsoh o muds }kjk fu;qdr ,tsuv us vius c;ku ls hkh fd;k gs a tgka rd dqy 1]267 er im+us dk iz'u gs mls lhkh us lohdkj fd;k gs a tgka ij hks;k yky tks fd deyk nsoh ds ifr gs muds c;ku esa vpzuk nsoh dks 67 ugh 66 er gh feyuk c;ku esa dgk x;k gs rfkk mek nsoh dks 253 er feyuk dgk x;k gs a bl izdkj ls izfrmrrjnkrh dh vksj ls djk ..... this writ petition has been filed by kamla devi, who was elected as the pradhan of the gram panchayat chakmeer fajal ali, tehsil karchhana, district allahabad against the order of the election tribunal/sub-divisional magistrate, allahabad dated 15.10.2008 passed in election petition no. ..... the facts giving rise to the v present writ petition are as follows:elections for the office of pradhan of the gram panchayat referred to above took place in the year 2005. ..... state of karnataka and ors. ..... total number of votes polled were 1,267 votes. .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC3608
..... writ in the nature of certiorari is issued quashing the impugned order dated 12.11.2008 passed by the district magistrate, etah/district panchayat raj officer (annexure-8 to the writ petition) with consequential benefits. ..... (18) whenever the enquiry officer after having heard and recorded the whole or any part of the evidence in an enquiry, ceases to exercise jurisdiction therein and is succeeded by another enquiry officer, the enquiry officer so succeeding may act on the evidence so recorded by his predecessor or partly recorded by himself:provided that, if the succeeding enquiry officer is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in ..... panchayat raj (removal of pradhans, up-pradhans and members) enquiry rules, 1997 (in short as the 'rules') provides the procedure for filing of complaint against the pradhan or ..... panchayati raj act, ..... state of karnataka air 2001 sc 1512; commissioner of income tax, ..... settled proposition of law that in case the authorities want to do anything, then that should be in the manner provided by the act or statute (rules) and not otherwise vide, nazir ahmed v. ..... , who was elected as gram pradhan of gram panchayat, alipur vikas khand aliganj, district etah, has approached this court under article 226 of the constitution of india feeling aggrieved against the order of removal from the office of pradhan, dated 12.11.2008, passed by the district magistrate, etah under section 95(1)(g) of u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
..... proceedings in chambers, and the judge does not think it expedient to proceed; where he fails to file an affidavit which has been used in the proceedings; where, on an account being taken in chambers, he acts unreasonably in adjourning items to the judge; where the trial of the action cannot proceed owing to his neglect to attend or send a representative, or to deliver any papers necessary for the use of the court which ..... the true interpretation of the prayer is that the applicant asked for immediate payment of the money by attachment of the security and its conversion, we would say that section 35 would not apply to a case where the facts are correctly and fully stated in the plaint or application and only part of the relief or prayer asked ..... if we were to refer to the statement of the objects and the reasons for the indian bar councils act it would only strongly confirm our view based on the imperative language of section 10 that:the high court should be bound before taking disciplinary action against an advocate to refer the case ..... if a person institutes a suit in the name of the plaintiff who is not the real plaintiff, finances the litigation and is himself a de facto plaintiff, expecting to reap the fruits of the litigation, or if he is instrumental in the institution of a suit or in the making of a defence on behalf of a person who from ..... , whether he is a party to the suit or not, and whether those costs have been directly occasioned by his commission or omission.116. ..... raj .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All257
..... of the state to run buses of their own on some of these routes; (4) that a temporary permit issued by the regional transport authorities should be deemed to be a permanent permit by reason of the provisions of section 58 of the motor vehicles act; (5) that the provincial and the regional transport authorities are not properly constituted as some of the persons nominated by the state government are officials of the government who have financial interest in the roadways ..... continued to renew the same, the applicants cannot ask for a writ of mandamus on the ground that the regional transport authorities when called upon to issue a permanent permit, in accordance with the provisions of sections 47 and 48 of the motor vehicles act, had failed or had refused to do so.32. mr. pathak has urged in reply that no one should be asked to do something which was useless and the applicants having been informed in advance that no ..... . i see nothing to prevent its going to the point of requiring a licence and bringing the whole business under the control of railroad commission so far as to determine the number, character and conduct of transportation companies and so to prevent the streets from being made useless and dangerous by the number and lawlessness of those ..... . if money is needed for such enterprise and the legislature provides funds for it by passing the appropriation act and the finance act, there is no reason why the state should not be allowed to buy buses and put them on public roads ..... . .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All214; 1958CriLJ324
..... , then the law would have deprived the court, without adequate justification, of having a record of the available evidence within a short time of the commission of the offence : at a time when the memory of witnesses was fresh and the details of the incident had not faded away from their memory due to lapse of time; and further it would have ..... the code of cri-minal procedure provides for several coercive processes to be brought into use against an accused person who avoids apprehension.section 87 of the code authorises a court to issue a proclamation against a person against whom a warrant has been issued, if it has reason to believe that that person has absconded or is concealing himself so that such warrant cannot ..... the matter of believing evidence is not left to the mere intuition of an individual judge, for a judge, in believing or disbelieving evidence-acts on his reason in conformity with his knowledge, observation and experience which always furnish adequate grounds for believing or dis-believing evidence.39. ..... for this dacoity and so chhidda barhai complained to the district magistrate against non-action by the police in the matter and he was advised to file a complaint in court.talfi ram and one budha offered to finance chhidda and assist him in seeing his complaint through court. ..... nawab singh had four sons, gandharb singh, darshan singh, udal and raj-pat, while man singh had five sons, namely, jaswant singh, subedar singh, tahsildar singh, sheobaran singh and ..... 267 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All57
..... 18 authorises a magistrate on receipt of information from the police or otherwise that any house, room, place or any portion thereof within a distance of two hundred yards of any public place referred to in sub-section (1) of section 7 is being run or used as a brothel by any person, or is being used by prostitutes for carrying on their trade, to issue notice to the owner, lessor or landlord of such house, room, place or portion or the ..... offences or cases or classes of cases, as the state government may by general or special order in writing, direct, (2) no direction shall be made under sub-section (2) for the trial of an offence for which an accused person was being tried at the commencement of this act before any court, but, save as aforesaid such direction may be made in respect of an offence, whether such offence was committed before or after the commencement of ..... section 27(1) of that act runs as follows : 'whenever it shall appear to the commissioner of police, (a) that the movements or acts of any person in the greater bombay are causing or calculated to cause alarm, danger or harm to person or property, or that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence, or an offence punishable under chapters xii, xvi, or xvii of the indian penal code, ..... to be covered by the expression 'traffic in human beings' in article 23(1) of the constitution of india, see raj bahadur v. .....
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