Court : Allahabad
Reported in : (2003)1UPLBEC312
..... to maintain the fabric of ordered liberty for a free people and it is for the subordinate judiciary by its action and the high court by its appropriate control to ensure it.'18. in view of our discussions aforesaid we accept the submission of sri mishra and hold that the proceedings of misc. case no. 50 ..... examination, 1997 as a private candidate, violating principles of natural justice and in contravention of the provisions contained under section 22 of the u.p. intermediate education act, 1921 and thereby he failed to maintain judicial discipline and committed, gross misconduct in discharge of his duties as judicial officer within the meaning of rule 3 ..... in the personal custody of the respondent.(ix) the impugned directions are wholly without jurisdiction, illegal, arbitrary, malafide, unjust and contrary to law; as nobody can act as a judge in which his own interest is involved, the matter could not be entertained by the respondent.(x) since the petitioners have no other alternative and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All233
..... to exercise the power of requisitioning vehicles on its behalf. whoever requisitions any motor vehicle acts for the benefit of the government which can control his functions. if however government does not choose to impose any conditions and gives unlimited powers to any officer, it cannot ..... the district judge and the nazir were functioning under certain provisions of the law. the nazir was not acting for the benefit of the government while exercising his statutory function nor could the government control his act and, therefore, the government was not liable.10. learned counsel also relied on two otherdecisions of this ..... may be specified' in the authorisation. he is, therefore, all the time under the control of the government whose power to impose conditions for its exercise is absolute. the district magistrate is not persona designata under the act or any rule for the government can authorise any other officer or authority subordinate to it .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2603
..... that theconditions of roads, social status of the applicants, possibility of small operators being eliminated by big operators, conditions of hilly routes, fuel availability and pollution control are some of the important factors which the regional transport authority is bound to take into consideration while taking a decision on an application for grant of permit ..... to take into consideration all the relevant factors at the time of quasi-judicial consideration of the applications for grant of permits. the statutory authorities under the act are bound to keep a watch on the erroneous and illegal exercise of power in granting permits under the liberalised policy.' 14. a perusal of the ..... affected, he has a right to be heard in respect of his objection, particularly in view of third proviso of section 90 of the motor vehicles act which prescribes that no order prejudicial to a person can be passed by the tribunal without giving him a reasonable opportunity of being heard. therefore, the .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2756
..... . t. dharenendrah v. r. t. o., 1987 (supp) scc 76, the supreme court quashed the notification publishing draft scheme under section 68c of the repealed act on the ground of unexplained inordinate delay in publishing the approved scheme under section 68d. the reason is obvious. 'in yogeshwar v. state transport appellate tribunal, air ..... 9702/90 and 2083/91 were also filed against the high court's judgment dismissing writ petitions in which grant of permits under section 80 of the new act on the muzaffarnagar to chausana ; ghaziabad to sahadara ; saharanpur to ghaziabad covered and partly nationalised routes were questioned. these appeals were decided by a common judgment ..... hearing authority and in the other writ petition, the validity of the scheme dated 13.2.1986 published under section 68c of the motor vehicles act, 1939 (in short 'repealed act') as it stands modified by the aforestated impugned order is also questioned.2. the facts insofar as they are relevant to the controversy involved .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All73
..... and directing the appellants to release forthwith the entire quantities of foodgrains seized by them under paragraph 18 of the uttar pradesh foodgrains (control requisition, and distribution) order, order, 1963. under section 3 of the defence of india act the central government was authorised to make rules for securing the defence of india and civil defence, the public safety and the maintenance ..... lawful excuse for failure to do one act is not necessarily a lawful excuse for failure to do the other. this is confirmed by what musthaq ahmad, j. has himself said in arbind kumar deb's case : air1949all473 . he stressed the absence of an alternative in directions issued under the cotton cloth and yarn (control) order; he had in mind the directions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All185
..... the parties were brothers. their dispute was referred to arbitration. an award was made. madho krishna made an application purporting to be under section 17, arbitration act, praying that a judgment might be pronounced according to the award. eadha kishan raised several objections. the objections were overruled by the civil judge, who pronounced a ..... jagdish swamp, appearing for the appellants, relied upon syed hasan ali v. askari begum : air1959all777 . in that case an application under section 14 of the arbitration act was filed in court. in pursuance of that application, the award was filed in court. one of the parties filed objections against the award. the court, adjudicated ..... -section (i) of this section subject to the general control of the court of wards.' sections 53, 55 and 57 of the court of wards act have little bearing on the question of the alleged inconsistency between the court of wards act and the arbitration act. we have to consider whether it is possible for the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All214
..... their lordships of the supreme court observed:'by chapter iv-a, the state transport undertaking which is either a department of the state or a corporation owned or controlled by the state on the approval of a scheme is entitled, consistently with the scheme, to exclusive right to carry on motor transport business.'the question as ..... officer ordered the proceedings for acquisition to be dropped. later, however, another g. o. was issued cancelling the earlier one and, thereafter, the land acquisition officer, acting on the basis of the subsequent order, re-started the proceedings. the bench took the view that inasmuch as the decision under section 5-a was, made by the ..... of the scheme is concerned, steps required under sections 68-c and 68-d have to be gone through. these provisions are suggestive of the result that the act maintains a distinction between the state transport undertaking, which is statutory entity, and the state government. can it be said, in these circumstances, that the order .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All128
..... be given by the election commission in this behalf, be performed also by a deputy election commissioner or by the secretary to the election commission. section 20 of the act lays down that subject to superintendence, directions and control of the election commissioner, the chief electoral officer of each state shall supervise the conduct of all elections in the state under the ..... act.23. section 134 of the act lays down that if any person to whom this section applies is guilty of any act or omission or any breach of his official duty would .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC2756
..... . t. dharenendrah v. r. t. o., 1987 (supp) scc 76, the supreme court quashed the notification publishing draft scheme under section 68c of the repealed act on the ground of unexplained inordinate delay in publishing the approved scheme under section 68d. the reason is obvious. 'in yogeshwar v. state transport appellate tribunal, air ..... 9702/90 and 2083/91 were also filed against the high court's judgment dismissing writ petitions in which grant of permits under section 80 of the new act on the muzaffarnagar to chausana ; ghaziabad to sahadara ; saharanpur to ghaziabad covered and partly nationalised routes were questioned. these appeals were decided by a common judgment ..... hearing authority and in the other writ petition, the validity of the scheme dated 13.2.1986 published under section 68c of the motor vehicles act, 1939 (in short 'repealed act') as it stands modified by the aforestated impugned order is also questioned.2. the facts insofar as they are relevant to the controversy involved .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All87
..... as fences, hedges or ditches could be erected to obtain privacy and prevent trespassing, thieving and gleening. the control of irrigation and drainage water would be easier; control of pests, insects and disease would also be less difficult.'19. referring to the object of the act, in attar singh v. state of u.p., air 1959 sc 564, the supreme court made the ..... following observations:--'the object of the act is to allot a compact area in lieu of scattered plots to tenure .....
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