Court : Allahabad
Reported in : 2000CriLJ68
..... e.f. 19th july, 1948, the 'jurisdiction of the court (at allahabad) under the letters patent and that of the chief court under the oudh courts act was preserved. on the advent of the constitution of india, the position as was obtaining prior to 26th january, 1950 was recognised and as it is the amalgamation order ..... arising within their respective local areas in which investigations are made or charge-sheets filed by the special police establishment constituted under the delhi special police establishment act, 1946 (act no. xxv of 1946).' varanasi district for the purpose falls within the local area of the special judicial magistrate stationed at lucknow. as soon as the ..... those that are grouped together from others and (2) that the differential must have a rational relation to the object sought to be achieved by the act.the question whether the state government is empowered to establish one special court of a judicial magistrate laying down that the court alone will have jurisdiction to .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2915
..... part.21. it is admitted to all that subject of levy of 'toll tax' is covered under stale list ii, schedule vii, constitution of india.the general clauses act. 1897 (central act)central and state both define expression 'enactment' as follows:(19) 'enactment' shall include a regulation (as hereinafter defined) any regulation of the bengal, madras or bombay ..... corporation adhiniyam, 1959 that the powers referring to power to levy 'toll-tax' on 'motor vehicles' has been taken away as a consequence of enforcement of amending act- u.p. act no. 5 of 1991, which deleted the relevant clauses of section 172(2) of the adhiniyam.25. learned counsel for the petitioner has placed reliance on the ..... 'laid down by the apex court in the in the aforesaid cases it is submitted that power to levy toll tax having been withdrawn by virtue of amending act u.p. act no. 5 of 1991, no toll tax can be levied by cantonment board meerut. under existing provisions, the board cannot justify imposition of 'toll' in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All79
..... public interest would mean encouragement of the growth or proliferation of the cold storages or any other action which may subserve the dominant object of the act preservation of agricultural produce which includes potatoes ensuring continued availability of the produce to the community at large throughout the year and mitigation of hardship to the ..... become vulnerable liable to be exploited by the cold storages in the absence of any control by the state. proper control of the means of preservation at reasonable rents or charges is hence necessary so as to ensure their (potatoes in the present case) continued availability throughout the year. distress sales ..... year. in order, therefore, to ensure continuous supply of potatoes at reasonable price throughout it is essential that proper and efficient provision be made for the preservation of the crop after harvest. however, because of the perishability of the crop, the cold storages, few and far between as they were, started exploiting .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC676; (1999)1UPLBEC54
..... admitted. but affidavits have already beenexchanged between the parties. thus, for all intent and purpose, the petition stands entertained calling upon its final determination.13. the acts and events constituting the alleged material facts emerging from the pleadings of the parties are these :'on the recommendation of the u. p. public service commission, ..... exhaustive enquiries and to grant full reliefs in matters relating to their employment, we cannot but hold that that tribunal is the highest forum created by the act to givefull and complete relief to public servants in matters of their employment, that too, with expedition.' 11. thus, unless reason, gripped and overpowered by ..... remedy by way of reference of claim before the state public services tribunal under section 4 of the u. p. public services (tribunal) act, 1976 (hereinafter called the 'act').8. the scope of discretion of the high court to entertain a writ petition under article 226 of the constitution of india where appropriate, .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC594
..... circumstances of the present case. the full bench had decided that the defendant-appellant being statutory body was bound by the provisions of the university acts and statutes made thereunder and, therefore, the termination of the services of the plaintiff-respondent without obtaining the sanction of the vice-chancellor was ..... air 1976 sc 888.the facts in the said case were thatthe appellants were the executivecommittee of vaish degree collegeregistered under the registration ofcooperative societies act as aninstitution for imparting education.the affairs of the college weremanaged by the executive committee. in the year 1967 the vaish degreecollege was affiliated to ..... appellate court has held that the defendants-bank is a scheduled bank which was nationalised under the banking companies (acquisition and transfer of undertakings) act, 1980 and the contract of service which prior to such nationalisation was based upon the private contract was converted to statutory relationship of master and .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2897; 2005(3)ESC1790
..... to be taken care of in a development scheme. it is that public interest which is sought to be promoted by the act by establishing the bda. the public interest in the reservation and preservation of open spaces for parks and play grounds cannot be sacrificed by leasing or selling such sites to private persons for conversion ..... estates officer and in accordance with the military regulations in force regarding the planting of trees and the cultivation of land in military areas.(3) land in class 'a'(1) shall not be used or occupied for any purpose other than those stated ..... of class 'a' (1) land (which shall include the development of the resources of the land, the disposal of usufruct and the planting and maintenance of trees) in consultation with and under the general supervision of the officer commanding the station, at whose discretion expenditure will be incurred within the allotment made to the military .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ132
..... code. 58. mathew, j. in his majority judgment in prabhu dayal deorah v. district magistrate kamrup (1974) 1 scc 103, 114 : air 1974 sc 183 while emphasising the preservation of personal liberty has expressed his view thus (scc p. 114, para 21) : we say, and we think it is necessary to repeat, that the gravity of the evil ..... genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.104. it may be true, as repeatedly pointed out by mr. parasaran, that in a given situation, false and vexatious charges of ..... in the fake case.(iv) to issue a writ order or direction in the nature of mandamus commanding the opposite parties directing them not to indulge in any act of harassment of the petitioner and his family members by resorting to illegal and unlawful attachment of the properties of the petitioner and to ensure proper safety and security .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All158
..... gross disparity between the two vehicles. from the perusal of the counter-affidavit, it is clear that the government has framed r. 6 under the old act after deliberation with various associations of transporters and representatives of various government departments. r. 88 is analogous to old rule 6. it is not feasible to ..... as may be specified in such permit in accordance withthe choice indicated in the application.' 5. in exercise of powers conferred by various sections of the new act, the central government, has framed rules known as central motor vehicles rules, 1989 (hereinafter referred to as rules), r. 88, which has already been quoted ..... in granting a national permit. explanation:-- in this section,-- (a) 'appropriate authority', in relation to a national permit, means the authority which is authorised under this act to grant a goods carriage permit; (b) 'authorisation fee' means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All258
..... the final order, but was subsequently fabricated.'in the present case, the legislature has placed ample safeguards under s. 3 of the act for preservation of liberty and freedom of the persons and protecting them from becoming victim of arbitrary and capricious exercise of power. the legislature while enacting the ..... , direct.'' thelaw has provided strict safeguards, whilepermitting the central government to interfere with the fundamental rights and it needsto be interpreted strictly so to advance thepurpose of preservation of fundamentalrights. in the case : (1986)illj36sc (supra) para 63, which is as extracted, relates to action under, art. 311 of the constitution requiring ..... act did not trust the executive government and conditioned its powers; under the proviso by placing safeguards for its exercise in emergent and .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
..... and in what manner section 267 now can be said to control the issuance thereof is assimilated without leaving anything to doubt.1. the prisoners act, 190013. this act was passed (act no. 3 of 1900) as it was thought expedient to consolid the law relating to prisoners confined by order of a court. it has been ..... the appendix-series. appendices a and b contain further instructions under the manual while appendix c is the rules framed under the u.p. prisoners release on probation act 1938. appendix e, ee further instructions about juvenile and youthful offences. appendices g to r, however, deal with management of factory, various kinds of labour, standard ..... reproduced below:-542. power to presidency magistrate to order prisoner in jail to be brought up for examination.- (1) notwithstanding anything contained in the prisoners' testimony act, 1869, any presidency magistrate desirous of examining, as a witness or an accused person, in any case pending before him, any person confined in any jail .....
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