Judgment Search Results Home > Cases Phrase: maharashtra state commission for safai karmacharis act 1997 Court: allahabad Page 8 of about 181 results (0.126 seconds)

Mohd. Zafar Khan V. District Judge Hardoi

Court : Allahabad

..... right and duty to examine every word of a statute in its context, and i use context in its widest sense as including not only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which i can, by those and other legitimate means, discern that the statute was intended to remedy.learned author (supra) again proceeded to consider ..... to carryout his business in a tenanted shop or to take any accommodation on rent and in the present case, appellate court has also given a finding that proceeding release are going on since the year 1997, no genuine effort is made by tenant to search alternate accommodation only an allotment application moved that too without mentioning the details of property, so the same is futile exercise on the part of tenants they ..... option but to take the view taken by a coordinate bench in the matter in question and is to be held that while deciding an application for release under section 21(1)(a), the authorities under rent contro act have power for partial release of the accommodation let out for non residential purposes and in case if this court defers from the said authority then in that circumstances the only course open is to refer the ..... 1982) 1 scc 626] stated the law in the following terms: "it was also pointed out in this case that the provisions of rule 16(2) of the act (sic for rules) had not been ..... state of maharashtra ..... state of maharashtra ..... public service commission and .....

Kumud Singh Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 2005(1)ESC661

..... was considered at length by the hon'ble supreme court in maharashtra state board of secondary and higher secondary education and anr. v. ..... the legislature and its delegate are the sole repositories of the power to decide what policy should be pursued in relation to matters covered by the act, and there is no scope for interference by the court unless the particular provision impugned before it can be said to suffer from any legal infirmity in the sense of its being wholly beyond the scope of the regulation-making power or ..... and declare a regulation to be ultra vires merely on the ground that, in view of the court, the impugned provisions will not help to serve the object and purpose of the act, so long as the body entrusted with the task of framing the rules or regulations acts within the scope of the authority conferred on it, in the sense that the rules or regulations made by it have a rational nexus with the object and purpose of the statute, ..... the verification will be restricted to checking whether all the answer's have been evaluated and that there has been no mistake in the totalling of marks for each question in that subject and that the marks have been transferred correctly on the title page of the answer book and to the award list and whether the supplementary answer book(s) ..... 2004 sc 380, observing as under :'under the relevant rules of the commission, there is no provision wherein a candidate may be entitled to ask for re-evaluation of his answer-book. ..... , (1997) 10 scc .....

Shamsher. Vs. State of U.P. and Others

Court : Allahabad

..... and rules framed by calcutta high court, the apex court laid down following in paragraphs 24 and 27 : "(24) turning now to the non obstante clause in section 2 of the new act, which appears, to have furnished the whole basis for the reasoning of the court below and the argument before us closely, followed 'that reasoning-we find the learned judges begin by inquiring what are the provisions which that clause seek ..... a kshettra panchayat wilfully omits or refuses to perform his duties and functions under this act, or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for preforming his duties, the state government may, after giving the pramukh or such as the case may be, a reasonable opportunity for explanation and after consulting the adhyaksha of the zila panchayat concerned in the matter and ..... prem chand jain and maharashtra state board of secondary and higher ..... which contains a non-obstante clause in context of right of practice of an advocate in the original side of the high court as per rules framed by calcutta high court section 2 of the act was to the following effect: "notwithstanding anything contained in the indian bar councils act, 1926, or in any other law regulating the conditions subject to which a person not entered in the roll of advocates of a high court may, be permitted to practise in that high ..... state election commission ..... been defined in law lexicon (1997) edition p. .....

Smt.Mithilesh Kumari and Others Vs. State of U.P. and Others

Court : Allahabad

..... there is no such urgency in the matter so as to invoke the power under section 17(4) of the act, in the counter affidavit neither any material has been brought nor any pleading has been made giving any specific reason for justifying the invocation of power under section 17(4) of the act except stating that the acquisition was urgently needed for construction of sub-market yard for which the district magistrate was fully satisfied. 34. ..... in this view of the matter when the government takes a decision, taking all relevant considerations into account and is satisfied that there exists emergency for invoking powers under section 17 (1) and (4) of the act, and issues notification accordingly, the same should not be interfered with by the court unless the court comes to the conclusion that the appropriate authority had not applied its ..... of natural calamity affected persons; rehabilitation of persons uprooted due to commissioning of dam or housing for lower strata of the society urgently; rehabilitation of persons affected by ..... land selection committee which received approval of the board of director on 10th july, 1997 and thereafter after more than 10 years, respondent no.3 took a decision on 8th august, 2008 for proceeding with the land acquisition, which proposal was forwarded by the district magistrate on 25th october, 2008 on the basis of which notification under section 4 of the act was issued on 20th may, 2009 and published in the newspapers on 14th ..... state of maharashtra & others .....

Megh Singh Vs. State of U.P. and Others

Court : Allahabad

..... keeping the above objects in view and considering the recommendations of the law commission, the land acquisition review committee as well as the state governments, institutions and individuals, proposals for amendment to the land acquisition act, 1894, were formulated and a bill for this purpose was introduced in the lok sabha on the 30th april, 1982. ..... enquiry and awards by collector-(1) on the day so fixed, or on any other day to which the enquiry has been adjourned, the collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of th eland (at the date of the publication of the notification under section 4, sub section (1), and into the respective interests of ..... the persons claiming the compensation and shall make an award under his hand of - i.the true area of the land; ii.the compensation which in his opinion should be allowed for the land; and iii.the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before ..... the hon'ble supreme court in the matter of abdul majid sahib reported in 1997(1) scc 297 has considered the object of bringing section 11-a on statute. ..... a two judge bench of this court in state of maharashtra v. .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... 23/10/2009 khoda 17/3/1988 11/7/1988 01/6/1989, 01/9/1995 12.7.1995, 15.3.1995 01/12/1991 sultanpur 10/2/1994 18/7/1994 24/8/1995 09/5/1997 sultanpur 06/12/1999 09/3/2000 14/12/2000 18/6/2005 chaura sadatpur 01/6/1976 16/9/1976 28/10/1976 25/9/1978 alaverdipur 21/3/1983 22/3/1983 learned counsel appearing for the state as well as the learned counsel appearing for the authority have vehemently submitted that most of the writ petitions having been filed with great delay and laches deserve ..... the following functions : (a) to acquire land in the industrial development area, by agreement or through proceedings under the land acquisition act, 1894 for the purposes of this act; (b) to prepare a plan for the development of the industrial development area; (c) to demarcate and develop sites for industrial, commercial and residential purposes according to the plan; (d) to provide infrastructure for industrial, commercial and residential purposes; (e) to provide amenities; (f) to allocate and transfer either by way of sale or ..... rehabilitation of natural calamity affected persons; rehabilitation of persons uprooted due to commissioning of dam or housing for lower strata of the society urgently; rehabilitation of persons affected ..... vs. state of maharashtra held that the mere fact that there is urgency under section 17(1) is not sufficient for invocation of section 17(4) but the mind of the officer or the authority has to be applied to the question whether the urgency is of such a nature that even the .....

Ram Avtar and Others Vs. State of Up and Others.

Court : Allahabad

..... view and considering the recommendations of the law commission, the land acquisition review committee as well as the state governments, institutions and individuals, proposals for amendment to the land acquisition act, 1894, were formulated and a bill for this purpose was introduced in the lok sabha ..... action to implement the scheme after issuing notification under section 32 of the adhiniyum for almost two years and thereafter the order dated 7.6.2007 was passed by state government directing the collector under section 7 of the act and notification was issued on 7.6.2007 by state government exercising power under section 17(1) of the act directing the collector to take possession over the disputed land, though no award ..... & others air 1956 sc 676, the supreme court held that "the pith and substance argument also cannot be imported here for the simple reason that, when both the centre as well as the state legislatures were operating in the concurrent field there was no question of any trespass upon the exclusive jurisdiction vested in the centre under entry - 52 of ..... (vii)if the parliament makes law conferring a right/obligation/privilege on a citizen/person and enjoins the authorities to obey the law but if the state law denies the self-same rights or privileges, negates the obligation or freezes them and injuncts the authorities to invite or entertain an application and to grant ..... 1997 sc 2235, wherein the view was taken that section 11-a of the land acquisition act as amended by act .....

ishtiyak Ahmad Makrani Vs. State of U.P.

Court : Allahabad

..... the rule 20-a would show that any person who was appointed on ad hoc basis on or before 29.06.1992 (as it stood amended) and possessed the prescribed qualification and completed 3 years of continuous service "shall be considered for appointment on the basis of his service record and suitability before any regular appointment is made in such vacancy in accordance with the rules. ..... both of these documents would show that though a charge sheet was issued to the petitioner in february 2001, it was only for his going on leave without permission of the competent authority and after enquiry he was exonerated with no punishment except a warning and even the withheld part of his salary due to the suspension ..... (1) in the meeting dated 29.09.2001 of the selection committee, the petitioner's candidature for regularization was not considered at all, which was postponed for want of his acrs; (2) in the disciplinary proceedings, the petitioner was given only a warning and not any punishment, whether major or minor and was also reinstated with all benefits for the suspension period; and (3) the selection committee on 31.12.2003 regularized the petitioner after ..... state of maharashtra ..... seniority list on the basis of the date on which approval /selection was made by the public service commission was held to be violative of article 16 of the constitution of india. ..... 1997) 3 scc 399, the supreme court struck down rule 8(iii) where the executive act of confirmation was made the basis for ..... service commission ( .....

Pallavi Tiwari D,o. Bhagwan Tiwari and ors Vs. Union of India Thru Min ...

Court : Allahabad

..... who has appeared before this court on 27.9.2010 has submitted that after coming to know the said fact , the concerned authority of ncte wrote a letter to the vice-chancellor, dibrugarh university , dibrugarh, assam inter alia stating therein that :- " in view of the above, it is clear that your admission notification is not in conformity with the ncte regulations and you need to take immediate steps to ensure that the advertisement issued by ..... srivastava, learned counsel submits that the clause 3(2) (a) framed by ncte by which eligibility criteria of 50% as qualifying marks and notification dated 30.8.2009 issued by state government is an action arbitrary in nature as there is no criteria or minimum eligibility marks for teachers education qualification as per section 2(m) of the act so the impugned action is contrary to law as laid down by the hon'ble apex court in the case of basic education board, u.p. v ..... . state of maharashtra ( 2005) 6 scc 537 and accordingly an advertisement/brochure was issued by the university in the month of february, 2010 for conducting the entrance examination in which minimum qualification was fixed as 45% marks either in the bachelor's degree and / or in the master's degree or any other ..... " means a university defined under clause (f) of section 2 of the university grants commission act , 1956 and includes an institution deemed to be a university under section 3 of that act." 23 ..... . karmachari sanstha ( 2009) 5 supreme ..... ., air 1997 sc 2847; public services tribunal .....

Dr. (Mrs) Shagupta MoIn and anr. Vs. Aligarh Muslim University, Aligar ...

Court : Allahabad

..... the degree of master of science with medical bio-chemistry was approved by the university grants commission for the first time by notifications of april, 2009, published in gazette of india on ..... , (1980 3 scc 418; maharashtra state board of secondary and higher secondary education & ..... upon the notification of the university grants commission bearing no.f.1-52/1997 (cpt-2), and the m.sc. ..... have called upon the court to decide as to whether the masters degree in non-medical bio-chemistry from department of life sciences is sufficient qualifications for appointment as professors, and whether for this purpose the qualifications notified by the medical council of india are binding upon the university. 7. ..... -chemistry) was offered by only a few universities in the country, and is now recognised as degree by university grants commission, by its notification dated may 23rd-may29th, 2009. ..... it is alleged that in accordance with mci regulations, 1998, the respondent nos.2 to 5 are not eligible for the post of professors as they do not possess essential qualifications prescribed in the advertisement namely:- "faculty of ..... filed the writ petition after the advertisement was issued and applications were invited, to restrain the university from inviting respondent nos.2 to 5 for interview for appointment, and to act strictly in accordance with the medical council of india regulations, 1998. ..... lecturer (micro-biology) appointed on contract on 18.3.1997 lacks essential qualifications namely that she did not .....