Court : Allahabad
Reported in : 2000CriLJ2242
..... , 1983 (3) scr 930 : air 1983 sc 1130 in which it was held that merely becuase there was a pending prosecution and the accused were in jail that was no impediment for their detention under section 3(2) of the act if the detaining authority was satisfied that their being enlarged on bail would be prejudicial to the maintenance of 'public order'. ..... first ground of detention and in the backdrop of the above legal position, we are of the opinion that the incident did give rise to 'law and order' problem for the local police and special force had to be deployed in the locality for some time but we are not satisfied that it is a case in which 'public order' was affected to a great extent. ..... he says 'it has always been the view of this court that the detention of individuals without trials for any length of time, however short, is wholly inconsistent with the basic ideas of our government and the gravity of the evil to the community resulting from anti-social activities can never furnish an adequate reason for invading the personal liberty of the citizen except in accordance with the procedure established by law.in safiq ..... the result, it was a case of commission of the crime of murder for entirely personal reasons and to feed-fat the ..... 2 under section 3(2) of the national security act, 1980 (hereinafter referred to as the 'act'), which was approved by the state ..... commissioner of police, nagpur, 1993 (3) jt (sc) 666 : 1993 air scw 2305 as well as other recent decisions of the apex court as well .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ3028
..... gks jgha gs a blls tu&ekulesa; izpfyr hkkjrh; uksvksa ds izfr fo'oluh;rk ea fxjkov vk jgh gs ftlls yksd&o;olfkkdsk vuqj{k.k dqizhkkfor gks x;k gs a** on receipt of the above report of the sponsoring authority, an order of detention under section 3(2) of the national security act (hereinafter referred to as 'the nsa') was passed by the district magistrate, maharajganj on 27-6-1999 and the grounds in support of the detention order required to be communicated under section 8 of the along with detention order were served on the ..... manufacturing the spurious article bearing the counterfeit trade mark is to deceive unwary purchaser into the belief that they are purchasing the real article ordinarily, counterfeit implies the idea of an exact imitation; but for the purpose of the indian penal code, there can be counterfeiting even though the imitation is not exact and there are differences in detail between the original and the imitation so long as the resemblance is so close ..... the fact that the detenu could be tried in a criminal court for commission of offence is immaterial because his liability to be tried in a court of law cannot debar the authority from detaining him if his acts bring him within the purview of the relevant provisions of the statute. ..... superintendent district jail, azamgarh 1993 upcrr 501 to support the contention that the detention order was passed on non-existent fact and consequently illegal. ..... adhikshak karagar faizabad 1993 upcrr 557 and ramakant yadav v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All364
..... the corporation, the guarantors and the properly of each guarantor jointly and serverally and all moneys that belong to either the guarantors or jointly to the guarantors, shall be available to the corporation for the repayment of all moneys which shall at any time be due from the said company/borrower subject to the limit aforesaid.'47 ..... . conditions and covenants contained in the mortgage' which bear on the company of the principal sum interest or any other money for the lime being due to the corporation insuch manner in which the company is liable ibr the due observance and performance of the ..... 656/96 through its managing director sri rajey gupta, praying for a direction to the picup to first dispose of the unit of the petitioner company which is in their possession since 1993 before initiating any recovery proceedings against the directors promoters for recovering the outstanding from them, and to restrain the opposite parlies from making any recovery in pursuance of the cilation notice issued against the petitioner rajey gupta, ..... for the preparation of an inventory through the commissioner, appointed by the court, of all the goods and' materials which have been taken possession of by the respondent-corporation in exercise of the powers under section 29 of the state financial corporation act, 1951 and to return back all the goods, which have been taken possession of by picup, but, ultimately the writ petition was dismissed on 9-12-1993 ..... advertising the same into the national dailies .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)ARBLR410(All); 2001CriLJ274
..... united nations commission on ..... petitioner can raise all such pleas on which the order of the chief justice has been assailed here before the arbitral tribunal under section 16 of the act and can pursue the further remedies provided under the act and this court should not entertain a writ petition under article 226 of the constitution at the initial stage which may have the effect of delaying the ..... in the following words :'......when the matteris placed before the chief justice or his nominee under section 11 of the act, it is imperative for the said chief justice or his nominee to bear in mind the legislative intent that the arbitral process should be set in motion without any delay whatsoever and all contentious issues are ..... --(1) the arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,-- (a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract : and (b) a decision by the arbitral tribunal that the contract is ..... the first ground is that clause 47 of the agreement entered into between the parties contained an arbitration clause wherein it is mentioned that any suit or application for theenforcement of the arbitration clause shall be filed in competent court at new delhi and no other court of any other district of the country shall have any ..... 1993 when the arbitration act ..... 1993 .....
Tag this Judgment!Court : Allahabad
Reported in : 1999CriLJ498
..... and(5) whether a judge of a high court who entertains or deals with a petition challenging any order or decision of a legislature imposing any penalty on the petitioner or issuing any process against the petitioner for its contempt or for infringement of its privileges and immunities or who passes any order on such petition commits contempt of the said legislature is competent to take proceedings against such a judge in the exercise and enforcement of its powers ..... imports the concept of 'proved misbehaviour or incapacity, what lift to bar under article 121 in the 'proved' misbehaviour or incapacity.the motion which lifts the bar contained in article 121 is really a motion for such removal under clause (4) of article 124 moved in the house after the alleged misbehaviour or incapacity has been proved in accordance with the law enacted by the parliament under clause (5) of article 124.the ..... or of the high court in the discharge of his duties, except upon a motion as provided under articles 124(4) and (5) and in the manner laid down under the judges enquiry act and the rules of the business of parliament consistent therewith and that by necessary implications, no other forum or flora or platform is available for discussion of the conduct of a judge in the discharge of his duties as a judge of the supreme court or the high court. ..... with the member of parliament in the commission of that offence have no such immunity ..... national ..... in : [1993]1scr769 was held up for committal of contempt ..... [1993] .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ1683
..... district gorakhpur, who has been detained under section 3(3) of the national security act, 1980 (for short 'nsa') challenges the order dated 20-6-1999 clamped by the ..... grudge, a false story was spinned by the district magistrate to illegally detain the petitioner under nsa and, in any case, the alleged acts of the petitioner cannot be said to be prejudicial to the maintenance of 'public order' as they all relate to breach of 'law and order' for which the petitioner has been booked appropriately under the relevant provisions of the penal code and other allied statutes. ..... if the detaining authority, was himself present and was an eye witness to the occurrence on the basis of which detention order was made it was imperative for the detaining authority to have honestly and bona fide formed the requisite opinion in making the order of detention on the basis of his own knowledge and perception instead of ..... three judges bench of apex court has to pevail over the anterior or posterior two judges bench decisions, but this fact cannot be lost sight of that the same act in a given setting may appertain to law and order while in a changed setting may be in the realm of public order. ..... the nature of the act, the circumstances of its commission, the impact on people around and such ..... commissioner of police, nagpur 1993 (3) jt sc 666 : 1993 air scw 2305 detention order was tested with reference to the fact that on 1-2-1992 at about 9.45 hours when the police sub-inspector was patrolling, he saw .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All79
..... what we mean is that india did not recognize him as a citizen of pakistan.the appellant, not being recognised as a citizen of pakistan, could not, therefore, come within the provisions of section 5(1)(e) of the citizenship act, 1955, and consequently, any application for registration made by him could not be governed by this provision of law.in this view, it is unnecessary to go into the further question whether, if the appellant's case had fallen simultaneously within the scope of clause (a) ..... so far as india was concerned, no declaration was made in respect of the pakistan citizenship act, 1951, by the central government so as to constitute it into a citizenship or nationality law, so that, for purposes of applying the provisions of the laws in force in india and for the purpose of considering the citizenship of the appellant in india, the appellant could not be recognised as a citizen of pakistan.in february, 1948, therefore, when he came back to india, he was neither a citizen of india nor a ..... article 191(1)(d) of the constitution.the election was also challenged on various other grounds, including commission of corrupt practices, falling under various sub-sections of section 123 of the representation of the people act, 1951, as amended upto-date. ..... various other grounds for challenging the election of the appellant, the grounds being those of commission of various corrupt practices ..... an election petition before the election commission challenging the election of aslam khan .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All86; [1964]15STC505(All)
..... it says 'dealer' means any person or association of persons carrying on the business of buying or selling goods in uttar pradesh, whether for commission, remuneration or otherwise and includes any firm or joint hindu family or any society, club or association which sells goods to its members and also includes any department of the state government or the central government which ..... paragraph 9 of this judgment reads: 'it is well known that the university of delhi and most other educational institutions are not formed or conducted for making profit; no doubt, the absence of profit motive would not take the work of any institution outside section 2(j) if the requirements of the said definition are otherwise satisfied ..... it was held that the work of imparting education conducted by educational institutions like the university of delhi and the college run by it is not an 'industry' within the meaning of section 2(j) of the industrial disputes act, his lordship observed:'education seeks to build up the personality of the pupil by assisting bis physical, intellectual, moral and emotional development. ..... in his book 'student personnel services in higher education' at page 205 observes :'there is general agreement that the institution is responsible for the physical, mental and emotional well-being of the student who lives on the campus twenty four hours a day. ..... on the other hand, the learned counsel for the petitioner relies upon the case of national union of commercial employees v. m.r. .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]130STC202(All)
..... tax in this state, which is not in other states, keeping in view the commodity being declared as a commodity of special importance under section 14 of the 1956 act, limiting imposition of sales tax at 4 per cent in inter-state sales coupled with the 1957 act preceded by taxation inquiry commission reports including letter of the finance minister, affects the free-flow of this commodity or it impedes its movement within the meaning of article 301. 81. ..... the free-flow of trade, commerce and intercourse ; (3) the freedom envisaged in article 301 is subject to non-discriminatory restrictions imposed by parliament in public interest (article 302) ; (4) even discriminatory or preferential legislation may be made by parliament for the purpose of dealing with an emergency like a scarcity of goods in any part of india [article 303(2)] ; (5) reasonable restrictions may be imposed by the legislature of a state in the public interest [article 304(b)] ; (6) non- ..... 'pursuant to the above observations in the meeting of the national development council held in december, 1956 it was agreed unanimously that sales tax levied in states on mill-made textiles, tobacco including manufactured tobacco and sugar should be replaced by a surcharge on ..... state industrial and investment corporation of maharashtra ltd : [1993]1scr340 , it was held : 'in support of his contention that the marginal note can be used as an aid to interpretation he invited our attention to a seven-judge bench decision of this court .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC853; (1999)1UPLBEC575
..... appointments had all the indicia of regular and permanent appointments and hence were not liable to be terminated in the manner prescribed for termination of temporary employment ; that the orders terminating the services of the petitioners were issued by the appointing authority at the behest of the transport commission and hence, the exercise of discretion by the appointing authority (regional transport officer) terminating the services of the petitioner was ..... government as a whole may be a relevant factor in weighing those considerations ; but this will not absolve them from their duty to exercise their personal judgment inindividual cases unless explicit statutory provision has been made for them to be given by binding instructions by a superior, or (possibly) unless the cumulative effect of the subject-matter and their hierarchical subordination (in the case of civil servant and local government officers) ..... there may be areas such as matters relating to defence and national security where- wider issues of national interest may outweigh that which otherwise would have been legitimate ..... of statutory interpretation' has succinctly expounded the proposition as under :'purely administrative bodies are also bound to act justly and fairly which may bring in the requirement of natural justice, as also the duty to ..... . (1993) 1 sc 71, as under :'(7) in contractual sphere as inall other state actions, the state and all its instrumentalities have to conform to article 14 of the constitution .....
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