Court : Allahabad
Reported in : 1999(1)AWC636
..... state of uttar pradesh. in v. uthirapathi v. ashrab ali and others, jt 1998 sc 55, the apex court was considering section 18 of the tamil nadu building (rent and control) act, 1960, (as introduced in 1973) which visualised that the order of eviction passed under sections 10, 14, 15, 16 and 17 'shall be executed by the ..... to the order of injunction, which was enforceable and executable at par with an order of civil court by virtue of section 92 of the u. p. co-operative societies act, 1965. the learned civil judge (sr. division), allahabad by means of the order dated 18.7.1998, mandated the district magistrate and the senior supdt, of police, allahabad to ..... if such order is an order of the civil court and for this purpose, the controller shall have all the powers of the civil courts.' construing the expression as 'if in' section 18 of the tamil nadu act aforementioned, the apex court held that the eviction order would be deemed to be an order of the civil court and the execution petition .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2159
..... 4.20oo.23. it was submitted by the state election 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 the ..... , of the constitution of india. the view which we have taken is fortified by the pronouncement of a division bench of karnataka high court in professor b. k. chandra-shekhar and another v. state of karnataka. air 1999 karn 461.38. in view of what has been indicated hereinabove, the writ petition succeeds and is allowed. ..... the entire ordinance no. 10 of 2000, by means of which provisions of u. p. panchayat raj act, were amended are declared unconstitutional and ultra vires to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All537
..... the property of the aforesaid dargah. it is alleged by the appellant that the receivers have been mismanaging the property, that they are inexperienced and they have been acting prejudicially against the interest of the dargah. the tribunal, however, expressed the view that sri fazal haq was not managing the affairs of the trust properly and it ..... for the appointment of a receiver before the tribunal, subsequently did not press it. the sole question before us is whether the order of the civil judge acting as a tribunal appointing the receivers is a proper order. the reference is still pending before the tribunal and the question in the reference is whether the order ..... board. aggrieved by the aforesaid order of the board superseding the management of the committee, the respondents made an application under section 63(3) of u.p. act no. xvi of 1950 for referring the matter to a tribunal for adjudication.when the matter came before the tribunal an application was made by one ghulam masood, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All333
..... had clearly admitted that the properties in dispute were waqf properties and had also recognised the right and authority of the board to supervise and control the same. besides this statement the petitioner had also admitted the wakf nature of the properties in his written statement filed in suit no. 484 ..... directions to prevent such consequences.' 10. in this petition the petitioner has raised constitutional points and has challenged the viresof sections 33 and 55 of the act. in my opinion,therefore, he is entitled to maintain the petition. i, therefore, overrule the preliminary objection raised by sri tripathi. 11. another preliminary ..... act of 1936 which was published in the u. p. gazette on 26th february 1944 in respect of the properties in dispute. on 14th march 1947 the petitioner made a statement before the inspector of waqfs wherein he clearly admitted that the properties in dispute were wakf properties and also recognised the right and authority of the board to supervise and control .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1840
..... the powers on the basis of the said interim order and that on the strength of the interim order dated 13.6.1996, he was entitled to act as the controller of the wakf board. further this court could not confer jurisdiction upon any authority or court, by means of an interim order, where there existed none. ..... est.32. it was also urged by learned counsel for the contesting respondents, that in view of section 6 of general clauses act. repealing act cannot be given effect to, till board is re-constituted, and the controller, as there existed no board in uttar pradesh. was entitled to continue in the office. in support of his argument, ..... decisions do not relate to interpretation of u. p. muslim waqfs act, 1960. they deal with the provisions of other acts like arbitration act. displaced persons (debt adjustment) act. 1951, u. p. (temporary) control of rent and eviction act, 1947. u. p. urban buildings (regulation of letting. rent and eviction) act. 1971 etc. as 1 fully agree with the view taken .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3372
..... . in munshi ram and anr. v. union of india and ors., air 2000 sc 2623, the hon'ble supreme court while considering the case under the rent control act, held that wrongful user, if found to be in any breach of the terms of lease, other factors such as possibility of government permission for change in land user ..... kirloskar pneumatic co. ltd., air 1996 sc 3285; vice chancellor university of allahabad and ors. v. dr. anand prakash mishra and ors., (1997) 10 scc 264; and karnataka state road transport corporation v. ashrafulla khan and ors., air 2002 sc 629).32. in the present case, the petitioners have constructed a residential house in nehru nayar housing colony ..... converting a residential accommodation into a marriage hall/nursing home/school/commercial complex/cinema hall may become a permanent nuisance for the entire locality.25. the free flowing traffic is obstructed by violators of the law who either/occupy the side walks of the streets or, for that matter, violate the area which is to be .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC771
..... authority and in such manner as the legislature of a state may, by law, provide.'243-k. elections of the panchayats.- (1) the superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a ..... in the constitution whereas in the case of adhyaksh, zila panchayat, the constitution is silent, therefore, the restriction imposed in section 27-a (b) of the act is against the intention of the constitution, cannot be accepted. we fail to agree with the argument that on the contrary. the legislature, while enacting section 27-a ..... unconstitutional,being in conflict with the scheme of part ix of the constitution of india. the petitioner besides seeking declaration of section 27-a of 1961 act as unconstitutional and inoperative after enforcement of part ix of the constitution of. india has further prayed for mandamus ling the respondents from enforcing the provision .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All135
..... would fall under entry 27 of list ii except where they are products of controlled industry when they would fall under entry 33 of list iii.'28. in b. viswanathian and company v. state of karnataka : [1991]1scr305 karnataka silk act (amendment), 1974 was challenged on the ground that the impugned act is beyond the legislative competence of the state. the supreme court following its ..... in the indian tobacco case. there both the central act and the state act purported to legislate in regard to the industry, namely, in regard to the production and manufacture of tobacco.'29. in the case of indian aluminum co. ltd, v. karnataka electricity board : [1992]3scr213 it was held that the products of controlled industry are referable to entry 33 of list iii .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ132
..... police officers and the hasty direction given by the sp. needless to say that the question of mala fide exercise of power will assume significance only if an authority acts for unauthorised purposes. the proper test to be applied in such a case is as to what is the dominant purpose for which the power is exercised. the ..... genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.104. it may be true, as repeatedly pointed out by mr. parasaran, that in a given situation, false and vexatious charges of ..... in the fake case.(iv) to issue a writ order or direction in the nature of mandamus commanding the opposite parties directing them not to indulge in any act of harassment of the petitioner and his family members by resorting to illegal and unlawful attachment of the properties of the petitioner and to ensure proper safety and security .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC537; (1999)2UPLBEC825
..... the said commission without previous approval of the state government. now. therefore, in exercise of the powers under section 2 of the uttar pradesh control over public corporation act, 1975 (u, p. act no. 11 of 1975). the governor is pleased to direct that with effect from the dale of this notification, the said commission shall, ..... issued by the stale government in exercise of its powers under section 2 of u. p. state control of public corporation act. 1975 (hereinafter referred as corporation act, 1975) and section 6 (3) of u. p. higher education services commission act, 1980. because selection covers the legislative activity. 2. whether the impugned order of removal passed against ..... 22 (1). 22 (2), 28, 31. 31 (a). 32 and 92 vest powers with the state government only in matters of financial control and issue direction in the matter of appointment of employees because under the act. state has to arrange funds for the effective functioning of the commission.4. the object and reason of the .....
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