Judgment Search Results Home > Cases Phrase: lokayukta act 1984 Court: allahabad Page 1 of about 26,842 results (0.046 seconds)

Dr. Krishna Kumar Sachan Vs. U.P. Lokayukta and Others

Court : Allahabad

..... provisions of the lokayukta act in reference of karnataka lokayukta act, 1984 and the provisions of the karnataka lokayukta act, 1984 are akin to the provisions of the 1975 act and after taking note of the various provisions of the aforementioned act, which are akin to the 1975 act, the apex court has clearly ruled that the functions to be discharged by the lokayukta are investigative in nature and report of the lokayukta or up-lokayukta are only recommendatory ..... and no civil consequences as such follows from the action of lokayukta and up-lokayukta ..... has filed a complaint before the lokayukta under the provisions of the uttar pradesh lokayukta and up-lokayuktas act, 1975 (hereinafter referred as "1975 act") and in the said complaint dated ..... to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry), if any, before such investigation under this act, the lokayukta or an up-lokayukta may require any public servant or any other person who in his opinion is able to furnish information or produce documents relevant to the investigation .....

Sitla Bakhsh Singh Vs. Sital Singh and ors.

Court : Allahabad

Reported in : (1921)ILR43All245

..... within its meaning, and that the succession to him was not covered by section 22, but by the particular sanad; and that this being the case, the sanad and not the act was to govern, and the particular sanad in that case requiring that the estate should descend to the nearest male heir according to the rule of primogeniture, having in fact equivalent ..... shall hereafter transfer or bequeath to any person not being a taluqdar of grantee the whole or any portion of his estate, and such person would not have succeeded according to the provisions of this act to the estate, or to a portion thereof, if the transferor or testator had died without having made the transfer and intestate, the transfer of and succession to the property so transferred or bequeathed ..... of the judicial commissioner, ad put forward a case in their own right, contending that the estate had by virtue of section 15 of the oudh estates act been taken out of the line of succession established by the act, and that consequently the ordinary rule of inheritance according to the mitakshara law applied, and that they as equal in degree with the appellant were entitled to ..... the descent to a taluqa is to be traced under clause (11) to a person entitled under the ordinary law of the religion and tribe it is still subject to the provisions of the act and descends as an impartible estate; and after considering an alleged custom under which the later-born son of a senior wife was supposed to have a prior claim over an earlier son of .....

Tej Bahadur Singh and ors. Vs. State Through Data Din

Court : Allahabad

Reported in : AIR1954All655

..... elected by village communities themselves and to provide easy and simple remedies for redress of grievances' of members of such village communities.it was contended by learned counsel for the petitioners that, in order to judge the purpose of the act, we should confine ourselves to the preamble only and this preamble would indicate that the legislature intended merely to establish and develop local self-government in rural areas and make better provision for village ..... observed :'the real issue, therefore, is whether having regard to the underlying purpose and policy of the act as disclosed by its title, preamble and provisions as summarised above, the classification of the offences, for the trial of which the special court is set up and a special procedure is laid down, can be said to be unreasonable or arbitrary and, ..... 'the preamble can therefore, be used only as an, aid to the interpretation of the provisions of the act itself and it cannot be held that, if any particular provisions of the act are not covered by the brief language of the preamble, the legislature did not intend to make provision for purposes which can clearly be inferred from those provisions of the act though not mentioned in the preamble.the provisions in the u. p. .....

M/S. Shriram Industrial Enterprises Ltd. Vs. the Union of India and Ot ...

Court : Allahabad

Reported in : AIR1996All135

..... below;'since our opinion is divided, we state the point of difference for being decided by another judge to be nominated by hon'ble the chief justice, as follows:-- 'whether by virtue of section 18g of industries (development and regulation) act, 1951, the state legislature stood denuded of power to legislate regulating supply, distribution and price of molasses -- a product of sugar industry, and was consequently incompetent to enact sections 7, 8 and 18 of the uttar pradesh sheera niyantran adhiniyam ..... xxiv of 1964) (in short, the adhiniyam) have referred the following point of difference to third judge for opinion:'whether by virtue of section 18g of the industrial (development and regulation) act, 1951, the state legislature stood denuded of power to legislate regulating supply, distribution and price of molasses-a product of sugar industry, and was conse-qeuntly incompetent to enact sections 7, 8 and 10 of the uttar pradesh ..... the history of the legislative developments in respect of production, trade and commerce, supply and distribution of the product of the controlled industries, it is clear that prior to coming into force of government of india act it was state subject and subsequently after enforcement of the constitution it became a concurrent subject empowering the parliament as well as state legislature to enact law on the subject.17. ..... according to ex parte chinery, (1984) 12 qbd 343 (sic), a judgment'a decision obtained in an action, and any other decision is an .....

Smt. Shyam Kumari and ors. Vs. Ejaz Ahmad Ansari

Court : Allahabad

Reported in : AIR1977All376

..... that on account of demolition of the constructions by the state the doctrine of frustration applied to the defendants' tenancy of the ahata which came to an end and could not be revived by the act of the state in redelivering possession of the vacant land to the defendant, that in any case the tenancy having been determined by a valid notice the defendant was liable to ejectment. ..... of course the lessor in such an event unless there is any impediment placed on his right by any legislation is at liberty to determine the lease in one of the fashions provided for by the act but otherwise unless the lessee chooses to abandon his tenancy or surrender it in one of the manners contemplated by law, he can retain his right to continue as a lessee of the demised premises in spite of the ..... beginning of the recent war, and so in the landlord and tenant war, and so in the landlord and tenant (war damage) act, 1939, there was a number of elaborate provisions dealing with the position when houses were damaged by enemy action, and an elaborate system was prescribed by the act whereby a tenant could give a notice of disclaimer, which if, accepted, would mean the surrender of the lease disclaimed, or a notice ..... in the view of the learned additional civil judge excessive rain does not mean flood within the meaning of section 108(e) of the act the court of first appeal went on to hold that the plaintiff himself had contributed towards the factors which led to the falling down of the shop since he .....

Mt. Atiqa Begam and anr. Vs. Abdul Maghni Khan and ors.

Court : Allahabad

Reported in : AIR1940All272

..... the learned advocate-general-that in certain instances the remission of rent has been out of proportion to the remission of the land revenue and therefore the united provinces regularization of remissions act, local act 14 of 1938, was brought upon the statute book and it received the assent of the governor of the united provinces on 16th september 1938 and was published under section 75, government of india ..... contended on behalf of the appellant that the provincial government have no authority to grant remission of rents except in accordance with the provisions of the agra tenancy act of 1926 and that the act was ultra vires the legislature the bench in view of the importance of the point raised in appeal referred the following question to the full bench:whether the ..... the previous sanction of the governor was not obtained, as contemplated by sub-section 3 of section 299, the legislation would not be invalid on this ground alone, because the assent to the act was given by the governor of the united provinces on 16th september 1938, and the defect, if any, was cured under sub-section 2 of section 109, government of india ..... existing indian law' means according to section 311(2), constitution actany law, ordinance, order, bylaw, rule or regulation passed or made before the commencement of part iii of this act by any legislature, authority or person in any territories for the time being comprised in british india, being a legislature, authority or person having power to make such a law .....

Oudh Sugar Mills Ltd., Hargaon Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR1960All136

..... ' should be akin to the principles adopted in fixing the hereditary rates, besides, it would be noticed that sub-section (3) of section 29 provides that 'all rules made under this act shall be laid for not less than 14 days before the state legislature as soon as they are made and shall be subject to such modifications as the legislature may make during the sessions ..... absolutely exhausted that one can think of falling back upon a nondescript' (see ).it is a matter of common knowledge that both at the time of the enactment of the 1935 act as also at the time when the present constitution was passed an attempt was made to include in one list cm the other all sorts of conceivable subjects which human mind could at that time ..... of taxes on income but imposes a tax on a person depending upon the amounts of income earned by him.it has, however, never been disputed that the tax on income imposed by the income-tax act is not a tax on income, so that the mere fact that the incidence of tax on an income is made dependent on other incomes being held by the person in whose hands the income is ..... not dependent entirely on characteristics of the land itself, such as its area, quality of soil or value whether rental, annual or capitalised.such characteristics remaining common, the same parcel of land under the act gives rise to a larger liability of tax if it happens to be held by a person who already holds other lands as compared with the liability when the land is held by a person who does .....

The Banarsi Stores Vs. President of the Union of Indian Republic for I ...

Court : Allahabad

Reported in : AIR1953All318

..... the learned counsel for the appellant has argued that the goods were not of a description which required to be declared and insured under section 75, railways act; that in any case, even if they were so required to be declared and insured, the plaintiff had declared the value of the goods and it was not proved that radhey lal had ever executed the risk ..... on these facts, the railway administration is fully protected by the provisions of section 75, railways act, and by risk-note in form x which embodies a special contract between the parties.23. ..... the plaintiff's case was that the saris were not of a description which required to be declared and insured according to the provisions of section 75, railways act, and the suit was based on nondelivery of the parcel containing these saris. ..... we propose to deal with the last point first, as in our opinion, the question does not arise in a case which is covered by section 75, railways act, and in which a risk note in form x has been duly executed. ..... his contention is that section 75, railways act, absolves the defendant from liability only in case it is proved that the parcel has been lost not only to the plaintiff but also to the railway ..... before these amendments section 75, railways act, stood as follows :'75 (1) when any articles mentioned in schedule 2 are contained in any parcel or package delivered to a railway administration for carriage by railway, and the value of such articles in the parcel or package exceeds one hundred rupees, .....

Suraj Mal Vs. the Board of Revenue, U.P., Allahabad and ors.

Court : Allahabad

Reported in : AIR1953All264

..... (1) the provisions of the code of civil procedure, except (a) provisions inconsistent with anything in this act, so far as the inconsistency extends; (b) provisions applicable, only to special suits or proceedings outside the scope of this act; and (c) the provisions contained in list i of the second schedule, shall apply to all suits and other proceedings under this act, subject to the modifications contained in list ii of the second schedule. ..... the position is that according to section 98 of the code, as applied after modification to appeals under the act, it is not necessary for two members of the board to sit together to hear an appeal. ..... (2) the rules mentioned in the second schedule of this act shall be interpreted, in the case of agra, as referring to rules contained in the first schedule to the code of civil procedure 1908, as altered or added to by the high court of judicature at allahabad under section 122, civil p. ..... tenancy act, 1939, (hereinafter referred to as 'the act') was filed by the opposite party no. ..... now list 2 of schedule 2 of the act contains the modifications subject to which certain provisions of the code apply to cases under the act. ..... tenancy act, 1939, which applied at the time when the appeal was heard by the board provides as follows :'243. ..... 5 of list 2 contains the following modification to section 98:'nothing in this section shall require two members of the board to sit together in the exercise of appellate or revisional jurisdiction under this act.'7. .....

Nandpuri Sahkari Grih Nirman Samiti Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(1)AWC585

..... proviso to section 6(1) provides that no declaration in respect of any particular land covered by a notification under section 4(1) published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of the publication of the notification. ..... pointed out on behalf of the respondents that at the highest, it could be said to be an erroneous statement since the declaration under section 6 of the act itself had not been issued by that time, but it cannot make the subsequent notification in any way mala fide. ..... it was also submitted in that behalf that if there was any such deed, the same was not acted upon for the last over 40 years, and the petition to challenge the notifications issued in the year 1986 and 1988, is ..... is vitiated by mala fides and the second is that the notification under section 4 of the land acquisition act has lapsed for the reason that the declaration under section 6 of the said act has not been made within one year from the date of publication of section 4 notification.5. ..... this argument is that the definition of 'public purpose' under section 3(f) of the land acquisition act provides in sub-clause (vi) thereof that public purpose includes the provision of land for a co-operative ..... final hearing and has been heard at length, we dismiss the writ petition hereby and uphold the notifications under sections 4 and 6 of the act, issued by the respondents and consequently, the acquisition of the property. .....