Court : Allahabad
Reported in : 1999(1)AWC853; (1999)1UPLBEC575
..... o' reilly v. mackman, (1982) 3 all er 1124 ; state of kerala v. k. c. madhavan, air 1989 sc 49 ; indian. aluminium co. ltd. v. karnataka electricity board. air 1992 sc 2169 ; navjyoti co-op. grouphousing society u. union of india, air i993sc 155.9. the principle has been explained by the supreme court infood corporation ..... exposed to challenge on the ground of arbitrariness. rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but provides for control of his exercise by judicial review. (8) the mere reasonable or legitimate expectation of a citizen, in such a situation, may not by itself be a distinct ..... .8. justice g. p. singh m his treatise 'principles of statutory interpretation' has succinctly expounded the proposition as under :'purely administrative bodies are also bound to act justly and fairly which may bring in the requirement of natural justice, as also the duty to give reasons. a legitimate expectation as distinguished from a right of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All211; 1994(42)BLJR75; 1993CriLJ2256; (1993)2UPLBEC1339
..... and functionaries are excluded from the purview of the rule 108 would defeat the object of rule providing for identity of high dignitaries, so to save them from traffic hazard.14(d). the 3rd clause to proviso to rule 108 of 1989 rules as it stands gives no indication as to the basis regarding specification of high ..... of administration of justice by interpreting law. further under the constitution the high court is not empowered to alienate its function of dispensation of justice and supervision and control of subordinate courts to any private enterprises or to corporation. in view of this i find that the high court conforms to the two tests laid down by ..... the persons, who are not the constitutional appointees or the functionaries and who may be specified on some criteria, deserving their specification as high dignitaries. it seems that the act, as aforesaid, was prima facie illegal. let a case be registered as civil misc. writ petition in exercise of suo motu power under art. 226 of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... heavily on some in the same category, is not by itself a ground to render the law invalid.106. in p. m. ashwathanarayana sctty v. state of karnataka : air1989sc100 . following observations were made: (at p. 119 of air) :--'the lack of perfection in a legislative measure docs not necessarily imply its unconstitutionality. ..... discipline, decorum and propriety and to maintain its judicial comity. it is neither to be found in any statute nor in the constitution. self devised restrictions, controlling ones dispositions, insulating its possible outflow effecting others, are all stroll towards divinity, which is hall mark of a civilised society. it is this divine ..... for the pool of housing accommodations controlled by the act. the impuengd notification is not. therefore, ultra vires section. 3 of the act as in its true effect, it advance the scheme, object and purpose of the act which are articulated in the preumble and the substantive provisions of the act. ..... the exemptiongranted for a period .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2213
..... of such a report, rather its purpose is to find out as to whether the circumstances and allegations require to hold a regular enquiry (vide amlendu ghosh v. district traffic superintendent, north-eastern railways, katiyar, alr 1960 sc 992; champak lal chaman lal shah v. union of india and ors., air 1964 sc 1854, government of india, ..... nor it can ask to hold the enquiry de novo on the same charges. in the said case the apex court interpreted the provisions of central civil services (classification, control and appeal) rules, 1957.24. in union of india and ors. v. thayagarajan, 1999(1) scc 733, the hon'ble supreme court while interpreting the provisions of ..... of the competent authority who can always review its order of suspension being an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ1328
..... been issued a show cause notice by sri bhagwat prasad misra, district magistrate jhansi under the provisions of section 3 of the u.p. control of goonda act, 1970 (act no. viii of 1971) (hereinafter referred to as 'the act') case no. 65 of 1999. this show cause notice has been challenged on the ground that it has been issued by the district magistrate ..... or xxii of the indian penal code or has been convicted for an offence punishable under the suppression of immoral traffic in women and girls act, 1956 or under the u.p. excise act, public gambling act or under certain sections of the arms act, is generally reputed to be a person who is desperate and dangerous to the community or has been habitually ..... or chapter xv, or chapter xvi, chapter xvii or chapter xxii of the said code; or(ii) has been convicted for an offence punishable under the supression of immoral traffic in women and girls act, 1956; or(iii) has been convicted not less than thrice for an offence punishable under the u.p. excise .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All33
..... plying stage carriages on a whole or part of a notified route, no permit can be granted on the notified route or portion thereof.the intersection, however, in karnataka state road transport corporation v. ashrafulla khan (supra) does not amount to traversing or overlapping the route which prohibits plying to a whole or part of the route ..... be necessitated on each road every year and in case for the sake of such alignments only, which are made to make the road more useful, for vehicular traffic, fresh notices were necessary for publishing and finalizing the scheme and to make it a notified route again, it would be almost impossible to keep any route ..... scope, intrinsically sounder and verified by experience. this doctrine cannot be applied in the present case inasmuch as firstly wherein dealing with local law on a central act but law with regard to overlapping of notified and non-notified routes is settled since very beginning. the decision in manzoor ahmad and dharmendra singh case cannot be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All92; (1995)2UPLBEC1060
..... territories in india. some politicians have of late begun to surmise that the separatist tendencies nowbeing exhibited by many an indian province, viz., sindh, andhra, karnataka, kumaon, oudh, berar, orissa would prove detrimental to the best interests of india and would result in a complete dis-integration of the entire political ..... certain cases and precedents which are relevant, and upon which the petitioner has relied. one such case is k. c. vasanth kumari v. state of karnataka, air 1985 sc 1495. in the case under judgment before the high court, theissue is not so much of a class conflict as is generally understood ..... . because without it practical difficulty is being realised in administrative and management control and cleaning the way for develop-ment. 9. the difficulties in the rural life have abnormally increased because of the restrictions imposed by forest conservation act and restrictions relating to environment. the development programmes providing the basic facilities have .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All356
..... of a measure and its formulation as a rule of conduct. the legislature must declare the policy of the law and the legal principles which are to control any given cases and must provide a standard to guide the officials or the body in power to execute the law. the essential legislative function consists in ..... in paragraph 17 of the petition it is stated that the special land acquisition officer of the nagar mahapallka issued notices under section 9 of the land acquisition act to the petitioners to appear before him. this statement has not been controverted in the counter-affidavit filed by the superintendent, vikas vibhag of the nagar mahapalika ..... exercise of power by the state government. the learned counsel for the petitioners then contended that there being no order under section 7 of the land acquisition act, the land acquisition proceedings being taken by the special land acquisition officer, nagar mahapalika are without jurisdiction. lastly it was submitted that the scheme having been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All498
..... of any offence punishable under chapter xvi, chapter xvii or chapter xxii of the indian penal code, or under the suppression of immoral traffic in women and girls act, 1956, or under the u. p. excise act, 1910, or in the abetment of any such offence and (c) that witnesses are not willing to come forward to give evidence ..... by the order. the heading of the enactment, viz. 'the uttar pradesh control of goondas act' shows that the purpose of the act is to control the nefarious activities of the unsocial elements. the preamble of the act is:'an act to make special provisions for the control and suppression of goondas with a view to the maintenance of public order.'the ..... .1. a notice under section 3 (1) of the u. p. control of goondas act, 1970 (hereinafter referred to as the act) was issued by the district magistrate, varanasi to the petitioner raja for taking action against him under sub-section (3) of section 3 of the act.2. the petitioner has challenged the notice, inter alia, on the ground .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(173)ELT337(All)
..... the high court not to entertain the petitions on the ground of alternative remedy provided under the statute.18. preliminary objection in this regard was accepted by the karnataka high court in premier irrigation equipment ltd. v. union of india : 1998(100)elt29(kar) ; bombay high court in colour-chem ltd. v. union ..... amplitude of the jurisdiction demands that it will ordinarily be exercised subject to certain self-imposed limitations.15. similar view has been reiterated in state of karnataka v. vishwabharathi house building cooperative society and ors. : [2003]1scr397 by the hn'ble supreme court observing that a court may entertain a petition notwithstanding ..... active ingredients as per ayurvedic texts and 75% sugar for taste and as a preservative, manufactured under drug controller's licence under the act 1950 was classifiable as ayurvedic medicine under sub-heading 3003.30 of tariff act 1985 and not as sugar confectionery.58. in b.p.l. pharmaceuticals ltd. v. collector of central excise .....
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