Judgment Search Results Home > Cases Phrase: metro railways construction of works act 1978 chapter iii acquisition Court: allahabad Page 1 of about 86 results (0.073 seconds)

Democratic Bar Association, Allahabad and Others Vs. High Court of Jud ...

Court : Allahabad

Reported in : 2000(3)AWC2383A; (2000)2UPLBEC1387

..... by certain persons, their performance in any other manner than that specified or by any other person than one of those named is impliedly prohibited.' see crawford on statutory construction. 1940 edn. article 195, p. 335. normally, a discretion entrusted by parliament to an administrative organ must be exercised by that organ itself. if a statute ..... exercised by that authority and by no other. but the intention may be negatived by any contrary indications in the language, scope or object of thestatute. the construction that would best achieve the purpose and object of the statute should be adopted.' the opinion as to whether an advocate is deserving of the distinction of being ..... action (3rd edition, 1973, p. 265).'the maxim delegatus non potest delegate does not enunciate a rule that knows no exception ; it is a rule of construction to the effect that a discretion conferred by statute is prima facie intended to be exercised by the authority on which the statute has conferred it and by no .....

Rakesh Kumar Srivastava and Others Vs. State of U.P. and Others

Court : Allahabad

..... posts in the mandi parishad. according to the petitioners' counsel, petitioners were engaged as work charge/muster roll/on consolidated pay under the contingency limit in various construction divisions of the rajya krishi utpadan mandi parishad. 2. it has been submitted on behalf of the petitioners that in mandi parishad there are three categories of ..... . 2353(ss) of 1999; pawan kumar srivastava and others vs. state of u.p. and others, counsel for the petitioners submitted that the deputy director, construction sent an information on 5.2.1998 to the headquarters indicating therein that work charge, muster roll and fixed pay employees working in the division were within 2% ..... that it is incumbent upon the authorities to appoint any number of persons on any event because the work is being done through contract basis as the construction division is having own strength of regular employees, whose salary is charged to the establishment head whereas persons engaged on daily wages, their wages are .....

Vijay Laghu Udyog Vs. Punjab National Bank

Court : Allahabad

Reported in : [2004]53SCL275(All)

..... financial institution in any financial assistance for the purpose of realisation of such financial assistance.8. the definition makes it clear that the acquisition by any securitisation company or re-construction company of any right or interest of any bank or financial institution in any financial assistance namely where the money has not been repaid, which has been advanced by virtue ..... controversy it would be apposite to understand the object, purpose, and the scheme of the act. the act no. 54 of 2002 has been enacted to regulate securitisation and re-construction of financial assets and enforcement of security interest and for matters connected therewith and incidental thereto.7. the act extends to the whole of india and it has come into .....

Chandra Gupta Vs. State of U.P. and Others

Court : Allahabad

Reported in : 2000(2)AWC1747

..... marked ; (iii) the surroundings and all protected works laying within 100 metres of the edge of all facilities which are proposed to be licensed ; (iv) the position, capacity, materials of construction and ground and elevation views of all storage tanks, enclosures around tanks, all valves filing and discharge points, vent pipes, dip pipes storage and filing sheds, pumps, fire fighting facilities .....

Maya Press Mazdoor Sangh Etc. Vs. Uppar Shramayukt and ors.

Court : Allahabad

Reported in : 2005(1)ESC437

..... of the workman in the prescribed manner :provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.(2) where an application for permission has been made under sub-section (1), the state government, after making such enquiry as ..... union or otherwise had sponsored a workman's case it becomes an industrial dispute. thereafter, hon'ble apex court in the case of akhil bharatiya shoshit karmchari sangh (railway) v. union of india and ors., air 1981 sc 298, has reiterated the same view in paragraph 63 as follows :'a technical point is taken in ..... of any person; but does not include an industrial dispute concerning--(i) any industry carried on by or under the authority of the central government or by a railway company, or(ii) such controlled industry as may be specified in this behalf by central government, or(iii) banking and insurance companies as defined in the industrial .....

Vipul Gupta (Dr.) Vs. State of U.P. Through Secretary, Medical Educati ...

Court : Allahabad

Reported in : (2004)3UPLBEC3070

..... leads to inconsistency or uncertainty and friction in the system which the statute purports to regulate has to be rejected and preference should be given to that construction which avoids such results.'18. reading word for word and assigning a literal meaning to section 48 appellate authority would lead to absurdity, futility and to ..... (8th edn., 2001):'it may look somewhat paradoxical that plain meaning rule is not plain and requires some explanation. the rule, that plain words require no construction, starts with the premise that the words are plain, which is itself a conclusion reached after construing the words. it is not possible to decide whether certain ..... while placing reliance on a renowned book 'principles of statutory interpretation' by justice g.p.singh held as under :-16-17-18 paras.'16. placing such a construction, as we propose to, on the provision of section 48-appellate authority is permitted by well-settled principles of interpretation. justice g.p. singh, states in .....

Smt. Saroj Giri Vs. Vayalar Ravi and ors.

Court : Allahabad

Reported in : 1999CriLJ498

..... to leave this conflict at large, or have they adopted a scheme of constitutional provisions to resolve that conflict? the answer to this question would obviously depend upon a harmonious construction of the relevant provisions of the constitution itself.59. let us first take article 226. this article confers very wide powers on every high court throughout the territories in relation .....

Varshney General Sales and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [2003]130STC202(All)

..... intercourse but every tax does not have that effect. see indian cement ltd. v. state of andhra pradesh : [1988]2scr574 : '...........thus, on a fair construction of the provisions of part xiii, the following propositions emerge : (1) trade, commerce and intercourse throughout the territory of india are not absolutely free, but are ..... taxes on luxuries'. 61. in western india theatres ltd. v. cantonment board : air1959sc582 , it was held, in construing a legislative entry, the widest possible construction of its meaning be given. this decision while interpreting entry 50 (list ii) further held :'.......there can be no reason to construe the words 'taxes on luxuries ..... the duty of a court is not to substitute their social and economic beliefs for the judgment of legislative bodies. the presumption of constitutionality must colour judicial construction. the court further held : 'when examining a legislation from the angle of its vires, the court has to be resilient, not rigid, forward-looking, .....

Smt. J.K. Kalra Vs. Regional Inspectress of Girls Schools, Meerut and ...

Court : Allahabad

Reported in : AIR1997All44; (1996)3UPLBEC1691

..... requirement of prior approval of dismissal or removal etc., may not by itself be violative of article 30(1) because it may still be possible to say on a reasonable construction of the provision laying down that requirement that its object is to ensure compliance with the principles of natural justice or the elimination of mala fide or victimisation of teachers ..... are not there. the statute has to be read as a whole and the words used therein must be given their ordinary, natural and grammatical meaning. the general rule of construction is to look at the words context, collocation and object of such words relating to such matter and then to interpret the meaning according to what would appear to be .....

Rahmat Ullah and Vs. State of U.P. and ors.

Court : Allahabad

Reported in : II(1994)DMC64

..... mentioned therein only there are certain other forms of divorce known as ila, zihr, khula and mubarat.89. 'divorce by ila, mulla observes, is a species of constructive divorce which is effected by the abstinence from sexual intercourse for a period of not less than four months pursuant to a vow. according to shafi law the fulfilment ..... living separately from the husband but having not obtained a decree for judicial separation under the provisions of the hindu marriage act, 1955.'55. similar question arose relating to construction of expression 'judicially separated' as used in section 3(7) of the u.p. imposition of ceiling on land holdings act, 1960 in the case of jeet ..... assigned to them in the said clause. definition clause is also called as an interpretation clause. dealing with the importance of the definition clause in the treaties on 'construction of statutes' by earl. t. crawford at page 361/362 i.e. section 10-b it has been observed and mentioned as under :'the legislature has the .....