Court : Allahabad
Decided on : Sep-21-2012
..... power under section 11 of the act in an arbitrary manner merely for political consideration without looking into the financial viability and the public interest. 108. the principle with regard to judicial propriety dealt with in the case of u.p. power corporation (supra) by hon'ble supreme court, is equally applicable to the case of hari ..... direction of foreign policy, the conduct of military operations, and the provisions or supervision of such services as education, public health, transport and national insurance. in the performance of these functions, public authorities may be empowered by statute to exercise functions which are strictly legislative or strictly judicial in ..... it only means the house or houses of legislature. 31. while reiterating the aforesaid proposition of law in the case reported in (s) air 1956 sc 503: bhairabendra narayan bhup vs state of assam, hon'ble supreme court held that the word, "legislature ..... official titles, and may vary or cancel any such order." the power conferred by section 221 of the act is analogous to power conferred by section 14 of the u.p. general clauses act 1904. 43. entry 5, 18, 45, 46, and 47 of list-ii of schedule-vii of ..... section 11) conferring power on chairman, board of revenue (supra), for compliance, hence binding. 149. it shall be appropriate to reproduce what justice holems had said, to quote:- "the truth is, that the law is always approaching, and never reaching, consistency. it is forever adopting new principles from life .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-20-2012
Sunita Agarwal, J. 1. HEARD Sri S.N. Singh, learned counsel for the petitioners, Sri Mohan Srivastava, learned counsel appearing on behalf of respondent No. 3 Jeewan Beema Karmchari Sahkari Sangh Samiti Limited, Varanasi(hereinafter referred to as 'Samiti') and Sri Somil Srivastava, learned counsel for respondent no.2. 2. THE controversy in both the writ petitions is that the petitioners are guarantors of one loan taken by respondent no. 4 from respondent no. 3 Samiti and the prayer is that respondent no. 3(Samiti) may not recover outstanding amount of dues of loan towards respondent no. 4 from the petitioners. In view of the same, the two petitions were heard together and are being decided by a common judgment. The case of the petitioners in the writ petitions is that the respondent no. 4 had taken loan on 1.6.2004 for an amount of Rs.4,11,000/- for the marriage of his daughter. Petitioners are working as Development Officers in LIC, Branch Chunar alongwith the respondent No. 4. The r...
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-2012
Anil Kumar Sharma, J. 1. THIS is a claimants' appeal for enhancement of compensation awarded by MACT/Addl. District Judge/Special Judge, Varanasi vide award dated 28.10.1997 in MAC Case No. 92 of 1995, whereby a sum of Rs. 1,12,800/- along with pendent elite interest @12% per annum have been awarded on account of the death of Narendra Pratap Singh in the motor accident. 2. IT appears that on 10.12.1994 at 2.30 p.m. when deceased Narendra Pratap Singh was returning home in Metador no. UP 5642 and reached near culvert of village Udaypur, the driver of bus no. UP 65-E/6942 driving the vehicle rashly and negligently dashed with the aforesaid Metador, injuring him and he succumbed to the injuries. The report of the accident was made to the police the same day and case u/s 279, 337, 338, 304-A IPC against drivers of both the vehicles was registered. The claimants alleged that the deceased was employed as lecturer in Cutting Memorial Inter College, Varanasi and was drawing monthly salary of R...
Tag this Judgment!Court : Allahabad
Decided on : Feb-03-2012
1. Matter is taken in revised cause list. None appeared on behalf of the petitioner. 2. Heard learned Standing Counsel and perused the record. 3. Petitioner was appointed on contractual basis in the matter in question and last contractual appointment of the petitioner was for a period of three months with effect from 4.10.1991,thereafter, the services of the petitioner was not extended, as such, he filed a present writ petition before this court with the following main prayer:- "Issue a writ of certiorari quashing the oral termination of the services of the petitioner with effect from 1.7.1992." 4. In view of the abovesaid facts, the question which arises for consideration in the present case is whether the petitioner who is appointed on contractual basis has got any right to get his contractual appointment, extended in service after the expiry of the term of the contractual employment. 5. In the case of Director Institute of Management Development U.P. Vs. Smt. Puspa Srivastava, J.T. ...
Tag this Judgment!Court : Allahabad
Decided on : Sep-07-2012
..... state trade or commerce or a sale outside the state or a sale in the course of import or export. (2)the provisions of sections 3, 4 and 5 and sections 14 and 15 of the central sales tax act, 1956 are applicable to a transfer of property in goods involved in the execution of a works contract covered by article 366(29-a)(b). (3 ..... case, the tax paid by the assessee has been passed on to the consumer then also they have no right to seek refund from the state government. section 43 of the vat act provides that the amount deposited by assessee which is not due as a tax be held by the state government as a trustee and in case claimed, should be refunded. thus, in cas ..... vide air 1978sc 1603 union of india vs. city municipal council. property owned by a government company or a statutory corporation which has a corporate personality of its own, cannot be said to be 'property of the union, hence may be liable to state or municipal taxation vide air ..... , and would need to satisfy statute's rigorous requirements in order for borrower to base claim upon such obligation. federal deposit insurance act, #2[13](e), 12 u.sc.a. # 1823 (e). in re beitzell and co. inc. 163 b.r.637 ..... legislature of a state imposing, of authorizing the imposition of, a tax on the sale or purchase of any such goods as have been declared by parliament by law to be essential for the life of the community shall have effect unless it has been reserved for the consideration of the president and has received his assent.(3) any law .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-2012
Devi Prasad Singh, J. 1. THIS is an appeal under Section 173 of the Motor Vehicles Act (in short, Act) against the impugned award dated 19.5.2012, passed in Motor Accident Claims case No.435 of 2007. 2. THE claimant Ram Ratan had filed the claim petition under Section 166 of the Motor Vehicles Act against the appellant as well as respondents 2 and 3 on account of injuries sustained in an accident on 25.7.2007 while driving a bus bearing No.UP-32-Z-1877. The accident was alleged to have caused by UPSRTC Bus No.U.P.-40-D-4801 on 25.7.2006 when the claimant was driving the bus and reached near the forest barrier on Sitapur Road, P.S. Maniyao, Lucknow. Bus No.U.P.-40- D-4801 coming from reverse direction being driven rashly and negligently hit the claimant's bus No.UP-32-Z-1877. In consequence thereof, the claimant suffered grievous injuries. The claimant was driving private bus as its driver carrying passengers from Lucknow to Azmer Sharif. On account of injuries caused in the said accide...
Tag this Judgment!