Court : Allahabad
Reported in : 2005(2)ESC1448; [2005(105)FLR745]
..... , and after having been alerted for any duty. the relevant, rule is quoted as below :'147, offences relatable to duties of enrolled members :commission of any of the following act or acts by an enrolled member of the force--(ix) being in a state of intoxication while on duty or after having been alerted for any duty ; andshall render him liable for ..... back wages and other benefits from the date of dismissal to the date of reinstatement is left to be decided by the authorities in accordance with provisions of the rpf act and the rules. the petitioner shall be entitled to costs of these proceedings.the writ petition no. 4823 of 1991 is also disposed of accordingly.
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All205
..... iii) ....................................................'20. rule 72 (i) provides that the area which was held under mining lease under chapter ii or was on reserved under section 17a of the act become available for re-grant of mining lease. the district officer shall notify the availability of the area. the opening words of section are 'if any area, which ..... to be notified, _____ (i) if any area, which was held under a mining lease under chapter ii or on reserved under section 17a of the act becomes available for re-grant on mining lease the district officer shall notify the availability of the area through a notice inviting for applications for grant of mining ..... private owner with regard to sand and gravel deposited by the receding waters of the river. after considering the provisions of the u.p. zamindary abolition & land reforms act, 1961 and the u.p. minor minerals (concession) rules, 1963, the apex court laid down that the state is owner of all the minerals, may it .....
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 : 2005(2)ESC1529
..... union of india and ors., 1984 sc 802, the hon'ble supreme court held that article 21 read with articles 39, 41 and 42 provides for protection and preservation of the health and strength also of tender age children against abuse of opportunities and further provides for providing the educational facilities.5. in miss. mohini jain v. ..... right or interest is adversely affected or jeopardised.'23. thus, it is evident from the aforesaid that 'person aggrieved' is to be considered in context of the act involved and is to be restricted to the person, which has wrongfully been deprived of something or wrongfully refused something or his interest/title is adversely affected, but ..... education to the children of the same villages will be started.15. it is settled law that a person who suffers from legal injury only can challenge the act/action/order etc. writ petition under article 226 of the constitution is maintainable for enforcing the statutory or legal right or when there is a complaint by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
..... in a parliamentary democracy like ours, the government of the day is responsible to the people through their elected representatives. the elected representative acts or is supposed to act as a live link between the people and the government. the people's representatives fill the role of lawmakers and custodians of the ..... apex court held that in such a case writ can be entertained only if the petitioner successfully establishes that while expunging the adverse remarks the authority had acted beyond the scope of its powers. the aforesaid judgment was reversed by the larger bench in chandra gupta v. secretary, government of india, : ..... been proved against the petitioner under the provisions of section 29 of the uttar pradesh kshettra panchayats and zila panchayats adhiniyam, 1961 (hereinafter called the '1961 act') read with the uttar pradesh kshettra panchayats and zila panchayats (removal of pramukhs, up-pramukhs, adhyakshas and upadhyakshas) enquiry rules, 1997 (hereinafter called the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All200
..... an industrial undertaking which, according to the law for the time being in force, fell, immediately before the commencement of the industries (development and regulation) amendment act, 1984, under the definition of an ancillary, or small scale, industrial undertaking, shall, after such commencement, continue to be regarded as an ancillary, or ..... government may, with a view to ascertaining which ancillary and small scale industrial undertakings need supportive measures, exemptions or other favourable treatment under this act to enable them to maintain their viability and strength so as to be effective in--(a) promoting in a harmonious manner the industrial economy of ..... licensing, and has decided to delete sugar industry from the list of industries requiring compulsory licensing under provisions of the industrial (development and regulation) act, 1951. however, in order to avoid unhealthy competition among sugar factories to procure sugarcane, a minimum of 15 km would continue to be observed .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3806; 2005(4)ESC2333
..... reasonable suspicion ' as to the process of recruitment being vitiated by malpractices or corrupt means would suffice. surrounding circumstances e.g. the necessity to scrap the recruitment for preservation of public faith in the recruitment process will also do. the competent authority, in our opinion, is not required to hold a formal enquiry in tune with the ..... law but his own will, who did not soon find that he had no end but his own profit.' according to francis beaumount (1584-1616) corruption is a tree, whose branches are of an unmeasurable length, they spread everywhere, and the dew that drops from thence, hath infected some chairs and stools of authority. in the ..... courts. the surrounding circumstances can be taken into consideration including the necessity to scrap the process for preservation of public faith in the draw of lots. all that is expected from the authority is that in such a situation it should act in 'good faith' and take a 'bona fide' decision.77. in arriving at such a .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]145STC226(All)
..... item 6 'vegetables-except when sold in sealed containers ',item 36 'betel leaves'.the schedule was amended by the c.p. & berar sales tax (amendment) act (act xvi of no. 36 was omitted. it is contended 948) by which item that in spite of this, ed conteded that in spite of this omission they ..... allethrin' and 'pallethrin' are used in manufacturing the goods which have been described as household 'insecticides' on their products as per the statutory requirement under insecticides act. in the absence of any specific entry relating to mosquito repellent/mosquito destroyer and at the same time there being an entry mentioning 'insecticides', it can reasonably ..... an 'insecticide. the petitioners are using chemicals for manufacturing the finished goods which have been treated as 'insecticides' and under the provisions of the insecticides act, 1968 a certificate has been issued by government of india, ministry of agriculture whichleave no scope of doubt that allethrin which is used in the product sold .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All86
..... jalandhar division v. mohan krishan abrof : air2004sc2060 & b. manjunatha prabhu v. c.g. srinivas : air2005kant136 ; that there is no limitation prescribed in the indian succession act for filing of application for probate and for letters of administration on the basis of a will. the right to apply for probate accrues from day to day and the ..... letters of administration. in view of the fact that the contentious matters for issuing of letters of administration are converted into suits, article 137 of the limitation act would apply. any decision, which says that the issuing of the letters of administration is only for the purposes of duty, is absolutely erroneous. thus : ..... ' means a person, whom the execution of the last will of a deceased person is by testator's appointment confided. where a person governed by indian succession act dies without leaving a will i.e. intestate, a person is appointed to administer his asset. a person so appointed is called an administrator. he is granted .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... lists in the seventh schedule to make the law which includes power to amend the law.(4) courts in their concern and endeavour to preserve judicial power equally must be guarded to maintain the delicate balance devised by the constitution between the three sovereign functionaries. in order that rule ..... muslimresidential muslim university at university at aligarh, and toaligarh, and to dissolve the dissolve the societies registeredsocieties registered under the under the societies' registrationsocieties'registration act, act, 1860, which are1860, which are respectively respectively known as theknown as the mohammadan mohammadan anglo orientalanglo oriental college, aligarh, college, aligarh, and the muslimand ..... a different view in a minority status matter. just as a carpenter has no power to force the soil air and sunlight to produce a tree. parliament has no power to force on to a society a minority institution. politics is not permitted in this restricted constitutional field. we would .....
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