Court : Allahabad
Reported in : 2002CriLJ1215
..... economic background, mitigating and extenuating circumstances etc. it is also well settled that sentencing an accused is a sensi tive exercise of discretion and not a mechanical and routine prescription acting on hunch. many factors are to be considered and weighed while choosing appropriate sentence particularly in cases where no minimum sentence is prescribed and the court has to choose appropriate .....
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 : (2002)2UPLBEC1911
..... with the fact that their activity is closely inter-twined with governmental activity, characterises their action as 'state action.' at the minimum, the requirement would be to act fairly in the matter of admission of students and probably in the matter of recruitment and treatment of its employees as well. these institutions are further bound not ..... by the government. the question is as to which forum one should approach. the high court has held that the remedy is available under the industrial disputes act. when an element of public interest is created and the institution is catering to that element, the teacher, the arm of the institution is also entitled to ..... office of the principal of girls high school and college, allahabad. a further prayer is that by issuing a writ of mandamus the respondent no. 1 restrained from acting as principal of girls high school and college, allahabad.2. after exchange of pleadings, when the matter was taken upon, a preliminary objection was raised on behalf .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC1403; (2003)1UPLBEC528
..... been held that the court cannot examine the wisdom, merits or efficacy of the policy of the legislature or its delegates to see if it effectuates the purpose of the act. reliance has also been placed on state of andhra pradesh and anr. v. v. sadanandam and ors., 1989 sapp (1) scc 574, wherein it has been held that the ..... shall not belong to the same place and the moderators shall moderate all three question papers out of which one will be chosen. there is no provision in the act which may either directly or indirectly permit any kind of alteration in the marks awarded by the examination. that apart, it is not suggested from the side of the respondents ..... the commission has made the u. p. public service commission (procedure and conduct of business) rules, 1976. the 1974 act has been repealed and has been replaced by 1985 act, and section 14 (1) (ii) of this act saves the aforesaid rules. learned counsel has referred to rule 51, which reads as under :'51. the mark-sheets so obtained shall be opened .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)205
..... court should not have entertained the petition under article 227 of the constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act'38. a constitution bench of the supreme court in ks rashid & sons v. it investigation commission : [1954]25itr167(sc) , held that article 226 of ..... thereafter prolong the proceedings by one device or the other the practice certainly needs to be strongly discouraged 'as mentioned earlier, reference under section 256 of the it act is maintainable against the order of the tribunal like a reference against the order of the cegat under section 35h of the act25. the supreme court has ..... at the outset the preliminary objections are being raised on behalf of the respondents that the impugned order of the tribunal is appealable under section 260a of the act before the high court (division bench) hence, the writ petitions are not maintainable before the high court (single judge) as the legislator has provided an appeal .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]135TAXMAN558(All)
..... to proceedings under arts. 226 and 227 of the constitution or by filing a civil suit, which is expressly barred. even though a provision under an act cannot expressly oust the jurisdiction of the court under arts. 226 and 227 of the constitution, nevertheless when there is an alternative remedy available judicial prudence demands ..... leading writ petition no. 1005 of 2000 that in the assessment orders of all the six assessment years (regular or under section 148 of the income tax act) the assessing officer had made additions and disallowances on merits in the computation of taxable income of the assessee. the assessee challenged them in appeals before the ..... bench). hence the writ petitions are not maintainable before the high court (single judge) as the legislator have provided an appeal under section 260a of the 'act' from every order passed in appeal by the appellate tribunal if the high court is satisfied that the case involved substantial question of law. the respondents have also .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3266
..... from the definition of the term 'technical education' any programme of education in pharmacy is also technical education within the meaning of the 1987 act. the 1987 act is referable to entry 66 of list i of the 7th schedule to the constitution which reads thus : 'co-ordination and determination of standards ..... compound, prepare, mix or dispense any medicine. contravention of this provision has been made punishable with imprisonment or fine. in nutshell, under the 1948 act the pharmacy council of india through its education regulations prescribes the minimum standard of education required for qualification as a pharmacist and approves the courses of ..... ; (j) the power to removeofficers (excludingchancellor) andemployees of theuniversity and theiremoluments and termsand conditions of service ; (k) all other matters which by this act are to be or may be provided for by the regulations.' 3. academic council of the university has framed ordinances, wherein duration of the course and procedure .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC310
..... effect is issued, the procedure referred to in the bombay civil services (conduct, discipline and appeal) rules are followed. these rules, thus, have expressly preserved the state government's power to reduce or withhold pension by taking proceedings against a government servant even after his retirement. the validity of these rules has ..... are continuing. since sri ravindra singh rathore has retired before the board had considered the matter for according approval, as required under section 21 of the act of 1982, the disciplinary proceedings cannot be continued.33. in the case of bhagirathi jena (supra), the hon'ble supreme court had directed for payment of ..... by the committee of management mala fidely only on the ground that the enquiry has been completed and further that the disciplinary proceedings are proposed for certain acts of misconduct committed by him. the order of suspension has been approved by the district inspector of schools vide order dated 9th february, 2001. ravindra singh .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1199
..... . the consolidation authorities were bound by the notification which had achieved finality.'28. the notification issued under section 4 and section 20 of the forest act have not been challenged by the company even though it had the knowledge of the said notification as it has mentioned the said notification in paragraph ..... expressions 'void and voidable' have been the subject-matter of consideration on innumerable occasions by courts. the expression 'void' has several facets. one type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice ..... land claimed by the company. subsequently after considering the objections, the state government issued a notification dated 27.7.1970 under section 20 of the forest act declaring the land mentioned in the schedule to the said notification as reserved forest area. the land of the company had been included therein. both these .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1698; [2004]56SCL529(All)
..... retrenchment compensation and obtain a certification in this regard from the corporation. if they want to challenge the retrenchment notices under the u. p. industrial disputes act, 1947, their rights for absorption as retrenched employees under the rules of 1991 will come into force, only if retrenchment is found to be valid in ..... workers' union, the corporation was declared as 'sick industrial company' on 21.8.1995 under section 3(1)(o) of the sick industries (special provisions) act, 1985. after deliberations, the bifr sanctioned a rehabilitation scheme on 30.7.2001, submitted by the corporation for revival/rehabilitation of its units. it was proposed ..... the corporation, but for the purpose of service conditions of the workmen whether permanent or seasonal, these units are individual and independent establishments under the industrial disputes act, 1947. the closure of an undertaking does not mean a closure of the entire business and industry. it was held in workmen of the straw board . .....
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