Judgment Search Results Home > Cases Phrase: pharmacy act 1948 section 25 term of office and casual vacancies Court: allahabad Page 2 of about 14 results (0.058 seconds)

Syed Mohd. Asif Vs. State of U.P. and anr.

Court : Allahabad

Reported in : AIR2003All43

..... under the said adhiniyam or which are initiated after such declaration with the approval of the state government, hereinafter in this section referred to as special avas parishad schemes) shall in respect of a development area remain suspended and sub-section (3) of section 139 of the uttar pradesh (municipal corporations act, 1959) shall have effect as if the requirement as to constitution of a development fund were suspended with effect from ..... or(iii) any corporation (not being a company as defined in section 3 of the companies act, 1956 or a local authority) owned or controlled by the state government; or(iv) any society registered under the societies registration act, 1860, the governing body whereof consists, under the rules or regulations of the society, wholly of public officers or nominees of the state government or both; and also includes-- (i) nazul land or any other premises entrusted to ..... person who has been evicted from any public premises under this act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may ..... section 26-a provides that whoever makes any encroachment on any land not being private property, whether such land belongs to or vests in the authority or not in the development area, shall be punishable with simple imprisonment for a term ..... , is not expected to intend to create confusion by its omission to express its intent to repeal in clear terms. .....

Gaje Singh Vs. Union of India and ors.

Court : Allahabad

Reported in : 2001(1)AWC31; (2002)1UPLBEC56

..... he conveniently avoided to give explanation to the notice served upon him under sub-section (3) of section 7 of the public premises (eviction of unauthorized occupants) act, 1971, and avoided to adduce evidence with oblique motive to raise the same in appeal.11. ..... in the writ petition revealed that the petitioner was in service of the union of india and was posted as section officer at the controller of defence accounts (army) meerut cantt. ..... present case, admittedly the petitioner retired from his service on 30.11.1985 but he did not vacate the official premises allotted to him by the department up till 8.7.1998 depriving his successor in office for more than thirteen years of official accommodation for which his successor was entitled. ..... from the post of section officer.2. ..... 3 who passed the impugned order as estate officer, was officiating on the post of controller of defence account, hence he has no jurisdiction to pass the impugned order, annexure-5 to ..... to the writ petition, passed by the estate officer, controller of defence accounts (army) meerut, respondent ..... of the learned counsel for the petitioner to the effect that the appellate court instead of deciding the appeal between the parties on merits ought to have remanded the case to the estate officer for decision in accordance with law. ..... argument of the learned counsel for the petitioner is not acceptable to me for the simple reason that since the petitioner has no valid defence to put forth before the estate officer - respondent no. .....

Smt.Rachna Bajal Vs. Rent Control and Deviction Officer City Magistrat ...

Court : Allahabad

..... thereafter again on 8.9.2008 and 25.9.2008 similar objection and affidavit were filed by the petitioner to recall the order for declaring the vacancy, considering the said fact and material was dismissed by opposite party no.1 by order dated 12.2.2009 same is perfectly valid and in accordance with the law as provided section 38 of act read with order xiv rule 2 c.p.c ..... rent control and eviction officer/ city magistrate lucknow and others) and the main plea/stand taken by the petitioner that in view of the provision of section 2(1) (f) of the act , rent control act is not applicable ..... by means of the present writ petition, the petitioner has challenged the order dated 12.2.2009 ( annexure no.2) passed by rent control and eviction officer/ city magistrate, lucknow and order dated 14.5.2010 ( annexure no.1) passed by additional district jude, court no.13 , district lucknow. 3. ..... kaur oberoi is liable to be rejected accordingly by order dated 13.8.1999 rent control and eviction officer/ city magistrate, lucknow rejected the said application. 7. ..... xxi of 1860) or by a co-operative society, company or firm and intended solely for its own occupation or for the occupation of any of its officers or servant,s whether on rent or free of rent or as a guest house ,by whatever name called, for the occupation of persons having dealing with it in the ordinary course of business. ..... the rent control and eviction officer rightly said that it is a matter for the civil court to decide in appropriate .....

Gulu G. Thadani Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1992)40ITD351(All.)

..... on the assumption that the hon'ble tribunal, by order dated march 3rd, 1984, had not allowed this letter as evidence, whereas the hon'ble tribunal, in fact, had accepted this letter as admissible and only on letter dated 2nd may, 1973 the hon'ble tribunal had declined, but had left the matter of accepting letter dated may 2nd, 1973 to the discretion of the commissioner appeals. ..... the cit(a) decided this appeal by his order dated 25-4-1985 holding that the property was let out for a sum of rs.2,500 per month and that the assessing officer was justified in assessing this amount in the hands of the appellant.since one of the documents, namely, a letter dated 15-1-1983 of vijaya bank was not taken note of by the cit (a), even though the tribunal ..... the terms "annual charge" and "capital charge" have been defined in sections 27(iv) and (v) of the income-tax act, 1961 ..... as determined by the assessing officer and confirmed by the ld. ..... had directed that document jo be admitted, the case was remanded to the ld.cit(a) to consider the document dated 15-1-1983and to submit a report.this remand report dated 19-7-1990 has now been submitted by the ld.cit(a) and it is ..... the assessing officer held that the rent receivable was ..... per month was rightly taxed by the assessing officer. .....

Rahim Bux and ors. Vs. Mohammad Shafi

Court : Allahabad

Reported in : AIR1971All16

..... raja dharan dev chand which is more to the point- in this case it was held that section 56 of the contract act embodies a positive rule of law relating to doctrine of frustration and this section must be treated as exhaustive so far as it goes and the same is applicable only to purely contractual obligations and not to a contract creating an estate in land which had already accrued in favour of a party. ..... the landlord who demolished the premises in compliance with a notice issued by the municipal board under section 263 (1) of the municipalities act, could rebuild the premises in the same form in which they existed before, and the rights of the lessor and lessee would then be available with respect to the new premises. ..... the next point that was raised on behalf of the appellants was that after the demolition of the building the contract of tenancy was frustrated and it became impossible of performance under section 56 of the contract act. ..... municipalities act, cannot be said to be a destruction of the premises by an irresistible force within the meaning of the said clause of section 108. ..... in this second appeal it has been contended on behalf of the appellants that after the shop had been demolished the lease became void under the provisions of section 108(e) of the transfer of property act. .....

Shri Pratap NaraIn Vs. Juggilal Kamlapat Iron and Steel Co. Ltd.

Court : Allahabad

Reported in : AIR1975All73

..... in the service or employment of the landlord, and that the tenant has ceased, whether before or after the coming into operation of this act, to be in such service or employment;'substantially, identical language has been used in section 14(1)(i) of the delhi rent control act, 1958, in section 12(2)(i) of the madhya pradesh accommodation control act, 1961, in section 13 (1)(g) of the rajasthan premises (control of rent and eviction) act, 1950, in section 13 (1) (g) of the west bengal premises tenancy act, 1956 and in section 21 (g) of the mysore rent control act, 1961.shri dayal's contention is that ..... should i, on any occasion, be found contravening the terms and conditions set forth above and accepted by me at the time of my occupation, i shall forthwith forfeit all my claim to tenancy rights of the quarter occupied by me and the kamla town trust authorities will have full rights for my ejectment without any notice.dated 4-2-1955 signature of occupantquarter no. ..... the initial contract between the parties had no relevance so far as the dispute at hand was concerned and, therefore, it was not necessary to set out the terms of the original contract between the parties. ..... if there be a formal document, then this intention is to be inferred from the terms of document itself, however, if there be no formal document or if there be any ambiguity in the same, then the question is to be decided with reference to parol evidence, if admissible, and with reference to the attendant circumstances. .....

Brijpal Das Vs. Banaras Municipal Board and ors.

Court : Allahabad

Reported in : AIR1958All211

..... of its powers under article 226 of the constitution does not sit as a court of appeal but as i have already pointed out the decisions of the appeal officer and the commissioner have been arrived at in disregard of the provisions of section 147 (1) (c) and are manifestly erroneous.17. ..... by the petitioner regarding the applicability of section 147 (1) (c) of the municipalities act the appeal officer in his order has observed as follows:'in the first place it is contended that section 147 (1) (c) is not applicable to ..... these sections it is clear that the appeal officer who has been delegated the powers to investigate into the objections filed to the assessment has to act judicially and his ..... section (3) of section 143 then provides:'the board, or a committee empowered by delegation in this behalf, or an officer of government or the board to whom, with the permission of the prescribed authority, the board delegates, and it is hereby empowered so to delegate by resolution, powers in this behalf, shall, after allowing the applicant an opportunity of being heard in person or by agent, (a) investigate and dispose of the objections, (b) cause the result thereof to be noted in the book kept under sub-section ..... the counsel for the petitioner is that the conditions precedent for the exercise of power to alter or amend the assessment list have not been fulfilled in this case under section 147 of the municipalities act, and consequently, an order enhancing the assessment list is without jurisdiction. .....

Shankar Lal (Sri) Vs. Iiird Additional District Judge and ors.

Court : Allahabad

Reported in : 2005(1)ARC579

..... since the matter is being sent to the rent control & eviction officer, the order dated 16.10.1979 declaring vacancy and the order dated 26 august 1983 releasing the premises in favour of the landlord are also set ..... 87 of 1983, whereby the order of the rent control & eviction officer declaring vacancy and also releasing the premises in favour of the landlord has been set aside ..... sri manoj kumar gupta, learned counsel for the petitioner has contended that the revisional authority, while exercising the powers under section 18 of the act exceeded its jurisdiction in appraising the evidence on record and recording finding on question of fact after setting aside the finding of the rent control & eviction officer. ..... the rent control and eviction officer declared vacancy vide order dated 16.10.1979 and subsequently, vide order dated 26.8.1983 released the premises in dispute in favour of the landlord holding his need to be bona ..... a perusal of the order declaring vacancy and the order releasing premises in dispute gives a clear indication that the rent control & eviction officer has proceeded on the basis that inconsistent grounds taken by, sri kishan ..... in view of the facts and circumstances of the case as discussed above, it would be appropriate that the matter may be remanded to the rent control & eviction officer to consider respective pleading of the parties and the evidence on record and to give afresh finding on the question of vacancy and thereafter, proceed in accordance with law.9 .....

U.P. State Electricity Board and ors. Vs. Presiding Officer, Labour Co ...

Court : Allahabad

Reported in : 2005(2)ESC940

..... case the respondent is found entitled for any amount to be computed by the presiding officer, labour court in the application under section 33c(2) of industrial disputes act, 1947, the amount already paid to the respondent be adjusted and consequential order to safeguard the interest of both the parties be passed while deciding the application under section 33c(2) of industrial disputes act, 1947.23. ..... the presiding officer, labour court was within its jurisdiction to compute the entitlement of the workman and pass necessary orders under section 33c(2) of industrial disputes act, 1947, but in the impugned order dated 28th july, 1999, as noted above, he does not advert to the relevant facts and circumstances which were required to be ..... agrawal contended that the award of the labour court in no way stood diluted by judgment of this court and there is no error in the order of presiding officer, labour court, allowing the application 33-c(2) of industrial disputes act, 1947 and subsequent orders passed under section 6h(1) of u.p. ..... respondent by order dated 3rd may, 1984 was directed to discharge the duties in place of one shamim ahmad, daily wage clerk, from 2nd april, 1984 to 16th april, 1984 and thereafter he was asked to work on a leave vacancy of one ram singh rathor, daily wage clerk. ..... the application also stated that employer having not complied the terms of interim order dated 2nd september, 1998 passed by this court in writ petition, the interim order had automatically come to an .....

M/S. Uniword Telecom Ltd. and Another Vs. State of U.P. and Others

Court : Allahabad

..... submits that section 16 of the act, 1985 contemplates enquiry by the bifr and section 17 of the act, 1985 empowers the board to make suitable order on the completion of the inquiry and further section 18 of the act provides for preparation and sanction of schemes which proceedings are not the proceedings which are comprehended in the term "reference" as used in the third proviso to section 15 of the act, 1985. ..... (4) any declaration made under sub-section (3) with respect to a sick industrial company shall have effect notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law, the memorandum and articles of association of the company or any instrument having effect under the said act or other law or any agreement or any decree or order of a court, tribunal, officer or other authority or of any submission, settlement or standing order and accordingly,- (a) any remedy for the enforcement of any right, ..... privilege, obligation and liability suspended or modified by such declaration, and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall remain stayed or be continued subject to such declaration; and (b) on the declaration ceasing to have effect- (i) any right, privilege, obligation or liability so remaining suspended or modified, shall become revived and enforceable as if the declaration had never been made; and (ii) any proceeding so remaining stayed shall be proceeded .....