Court : Allahabad
Reported in : 1998CriLJ4212
..... case before us, it is clearly established and not denied by the opposite parties that the liberties of thousands of citizens enshringed under article 21 of the constitution were snatched away and they were made to stand for hours together before the caravan of hon'ble chief minister passed away such restrictions could not be said to be fair, just and reasonable, rather, they appear to be contrary to the common law, ..... bench of this court recognised the rights of the judges of this court to flow national flags on their cars and it was considered necessary to maintain the honour and ..... these words:-freedom of movement of the individual within or in leaving his own country, in travelling to other countries and in entering his own country is a vital human liberty, whether such movement is for the purpose of recreations, education, trade or employment or to escape from an environment in which his other liberties are suppressed or threatened. ..... crossing near the public service commission building and wanted to cross ..... two relevant judgments of this court reported in air 1994 allahabad 10: (1993 all lj 1334) in re : scope and extent of applicability of ..... in the notice have not been denied, rather admitted, i find that the act of the respondents cannot be justified on any consideration of law and justice. ..... the deponent has also not acted in contravention of any order or direction of the hon'ble court nor has he done anything to lower the authority or dignity of the court or to interfere with the .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ4655
..... the advisory board; that it is a csae of solitary incident occurring due to personal enmity and such facts did not furhish any valid or sufficient grounds on which the detention order under the national security act can be passed as the solitary incident occurring due to personal enmity has no intensity or potential effect to disturb the public order and lastly that there was no material to conclude that if relased ..... of this incident the grounds of detention stated that this act on part of the detenu disrupted the electric system resulting in non-operation of tube-wells, dearth of water for crops, non-supply of drinking water for general public and cattle and thus the essential services and supplies were disrupted and their acts have caused injury to the national economy and created terror in the general public and poses ..... said incident the villagers have stopped to go to their fields and have started running away from the village and this conduct of the petitioners was against the public order and an application for bail was moved on behalf of the petitioners and there was likelihood of their being released on bail and it was apprehended that the petitioners after being released on bail may commit some ..... incident as also the names and particulars of the accused persons involved in commission of the crime. ..... bengal, (1993) (3) jt (sc) 666 : (1993 air scw ..... kamlabai, (1993) (3) jt (sc) 666 : (1993 air scw 2305) on the facts of that case the apex court held that so far as the state .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC771
..... is established that legislative power exists then each general word of the constitution should accordingly, be held, to extend to all ancillary or subsidiary matter, we therefore, conclude that the comparison drawn by the counsel for the petitioner vis-a-vis article 59, 101(1)(2), 158 and 190(1) and (2), which imposes a restriction on the president of india, governor of a state or a member of parliament and legislative assembly from holding dual office, is ..... that the ration between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the panchayat area(3) the legislature of a state may, by law, provide for the representation -(a) of the chairpersons of the panchayats at the village level, in the panchayats at the intermediate level, or in the case of a state not having panchayats at the intermediate level, in the panchayats at the district ..... the apex court was that section 10(22) of the university grants commission act, 1956 was applicable to indian university alone or also to the other educational institutions meant solely for educational purpose and not for the purpose to make profit. ..... to certain basic and essential features of the panchayat raj institution under 73rd amendment of the constitution, article 243 or 243-o was enacted, which came info force on 24.4.1993, inserting part ix of the constitution relating to panchayat. ..... the state is that the constitution is at the highest level within national law. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC48; [2000(87)FLR959]; (2001)1UPLBEC510
..... sub-section (6) of section 50 provides that the state government in order to implement any decision taken by it on the basis of any suggestion or recommendation of the university grants commission or the state or national education policy, 'may require the executive council to make new or additional statute or amend or repeal the statute referred, to in sub-section (1), and/or sub-section (1a) within the specified time and if the executive council fails to ..... higher education services commission act, 1980 and the regulations made thereunder do not visualise for appointment in a substantive vacancy of a teacher in an affiliated college by transfer from another college affiliated to the selfsame or a different university. ..... secondary education services commission act, 1982 which provides for appointment of a teacher by transfer from one institution to another, the provision of the u. p. ..... higher education services commission regulations, 1983 envisages for notification of substantive vacancies to the commission and provides the procedure for appointment thereon. ..... higher education services commission act, 1980 does not envisage appointment against substantive vacancy of teacher by transfer from another affiliated college and any appointment in a manner not provided under the act is void as visualised by section 12 (1) of the act. ..... state universities act, 1973 is concededly governed by the uttar pradesh higher education services commission act, 1980 (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All52
..... it is necessary so to do, and shall, if a resolution in this behalf is passed by the house of the people or, as the case may be, the legislative assembly of the state, by notification, in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly;.....*12. ..... petitioner describes this act as anti-national anti-people and treacherous ..... the public interest which the petition is claimed to serve is preservation of nation's sovereignty, security, integrity, dignity and honour, credibility of public services and impartiality, independence and credibility of country's ..... statutory provision regarding holding of inquiries is contained in the commissions of enquiry act, 1952 (lx of 1952). ..... such constitutional authorities are indeed required to act in a manner which will enhance their own stature and the stature of the ..... it may be that the administration has acted with discrimination but we haveno way of bringing about parity in a matter of ..... petitioner poses the question as to how the administration would have acted if the son, daughter, brother or sister of any other citizen had been similarly abducted for ransom. ..... the constitution issue a writ of mandamus to command the executive authority to act in accordance with statutory provisions. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC676; (1999)1UPLBEC54
..... very amplitude of the jurisdiction demands that it will ordinarily be exercised subject to certain self-imposed limitations......where it is open to the aggrieved petitioner to move another tribunal, or even itself in another jurisdiction for obtaining redress in the manner provided by a statute, the high court normally will not permit, by entertaining a petition under article 226 of the constitution, the machinery created under the statute to be by-passed ..... then, inquiry officer issued a charge-sheet containing eight charges listing various alleged commissions and omissions constituting embezzlement which was, according to the averments made in paragraph 18 of the petition, served upon the ..... 1993 (2) sc 298, the hon'ble supreme court had the occasion to consider the question whether a high court should not normally permit the petitioner to invoke its jurisdiction under article 226 of the constitution of india when a statutory forum or tribunal specially created by a statute for redressal of his grievance is available ; and whether the remedy by way of reference of claim before the state public services tribunal available to a public servant, defined under the act, for ..... public service commission is based ..... public service commission dated 1.2.1992 as also in the office order dated 13.3.1992 continue to be in service and are discharging function on the post of district programme officer and it is the petitioner alone whose services ..... public service commission, the state government by .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2264; (1998)3UPLBEC2333
..... whether an appeal is maintainable under chapter viii, rule 5 of the rules of the court at the instance of a party whose application for initiation of contempt proceeding has been dismissed and the court declines to issue notice under section 17 of the act to those who are alleged to have committed contempt of court, has been examined in considerable detail by a division bench in sheo charan ..... any order or direction is made by the court concerning the merit of the controversy or dispute between the parties, or for implementation of any judgment or order, it will be de hors the provision of contempt of courts act and they can only be deemed to have been issued in exercise of power conferred by article 226 of the constitution. ..... 955 of 1993 under sections 10and 12 of the contempt of courts act, 1971 (hereinafter referred to as the act) praying that this court may initiate contempt proceedings against the opposite parties for having wilfully flouted the judgment and order dated 3.2.1993 passed in ..... court while trying a civil suit for cancellation of a document on the ground of forgery after arriving at a conclusion on the basis of evidence adduced that the document is forged, can only pass a decree for cancellation of the document but cannot convict or sentence the person who is involved in commission of the forgery. ..... on the recommendation of fourth pay commission, the central government enhanced the pay scale of its employees and a corresponding demand was made by the employees of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2818; 2005(3)ESC1662
..... powers, but they have a primary responsibility to serve the nation and enlighten the citizens to further strengthen a democratic state for the reason that the state in a democratic society and derives its strength from the co-operative a dispassionate will for ail as it is free and equal for the citizens, therefore, the public administration is responsible for the effective implication of the rule of law and constitutional commands ..... expression 'flagrantly abused' in sub-section (3) of section 40, therefore requires that even if there is no sinister or oblique motive, there must be something to show that in committing the acts complained of the member concerned was using his position as a member for a wrong purpose, or that he was taking some advantage of his position which he ought not to have taken, and that he was doing so in a glaring and scandalous manner.15 ..... , or as chairman of a committee, or as member or in any other capacity whatever, whether before or after the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this act or any rule, regulation or bye-law, or caused such loss of damage to fund or property of the municipality as to render him unfit to continue to be president;or(viii) been ..... against him were filed in september 2001 before the national human rights commission, wherein an enquiry was held and the report dated ..... 1993 ..... sabha, (1993) 4 scc ..... 1993 .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC690
..... this writ petition has been filed for a writ of certiorari praying for quashing the impugned order dated 7-6-1991 annexure 11 to the writ petition and for e writ of mandamus directing the state government to pay salaries to the teachers and other employees of the primary section of the d. ..... since in my opinion education is a matter of paramount importance for the survival and progress of the country and since this is the basic concept on which this judgment is based, i would like to deal with it at some length.the importance ..... applied to the district inspector of schools praying for payment of salaries under the payment of salaries act. ..... in my opinion the claim of the petitioners for salaries as teachers in the primary section is inextricably interlinked with the fundamental right of children to get free education upto the age of ..... 12, and shri brij bhushan srivastava is its manager annexnres ra-1 and ra-2 are representations made on 20-7-1973 and 18-1-1980 by the petitioners to the manager through the principal praying for a salaries by the government. ..... munir, learned counsel for the petitioners shri ..... p, 1993 (1) scc 645 that every child has a fundamental right to get free education upto the age of 14 years, and i have held in ..... 4 of the petition it is alleged that on 10-6-1963 the manager of the institution filed an application before the district inspector of schools, azamgarh praying for permission to start the primary section, as the citizens of the city were keen for it. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ1028
..... examining every aspect in detail the order of detention was approved by the state government within 12 days from the date of detention order on 26-6-1996 as required under section 3(4) of the national security act, that the fact about the approval of detention order was communicated to the detenu-petitioner through district authorities by the state government on 28-6-1996, that the state government reported to the central ..... were valid ground for detaining the detenue petitioner under section 3 of the national security act to prevent him from acting in any manner ..... is stated at page 1343 in para 12 :-.the nature of the act, the in circumstances of its commission, the impact on people around and such like factors counstitute the pathology ..... 1993 sc 962 : 1992 all lj 1249 the representation of the detenu was dated 10 - 4-1992 and it was rejected by the central government on 27-5-1992 and the explanation furnished for ..... union of india air 1993 sc 962 : 1992 all lj 1249 the apex court said about the case before it that the detaining authority was aware that a bail application has already been filed by the petitioner and the same was to come up for hearing on 7-12-1990 and in these circumstances the detaining authority was justified in recording the satisfaction compelling the necessity of issuing ..... union of india 1993 (3) jt sc 666 : 1993 air scw 2305 it was held that the delay in considering the representation was genuine and cannot be proved fatal if there is an explanation and that .....
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