Court : Allahabad Lucknow
..... any force. as regards, the second ground canvassed by the learned counsel for the petitioner for assailing the impugned order in this writ petition that neither the act nor the rules contain any provision for initiating any disciplinary proceedings against a deserter, the same also looses all significance and force in view of the discussions ..... which may extend to three months' pay, or with both. apart from making "more heinous offences" and "less heinous offences" punishable, section 11 of the crpf act provides for minor punishments, according to which, any member of the force, if found guilty of disobedience, neglect of duty or remissness in the discharge of duty or ..... have also perused the record available on the writ petition. the central reserve police force has been constituted in terms of the provisions contained in the crpf act, 1949. it is one of the prime para military forces in the country engaged in various combatant and non-combatant operations, whenever and where-ever required. .....
Tag this Judgment!Court : Allahabad
..... in respect to right, title, obligations, liability etc. shall not be affected in any manner. 51. then came muslim wakfs act, 1936 act (act no. 13 of 1936) (hereinafter referred to as "1936 act") published in u.p. gazette dated 20.03.1937. the above enactment was made for the better governance, administration and supervision ..... judges shall decide according to justice, equity and good conscience." 35. in respect to certain specified waqfs in husainabad area in lucknow (oudh), husainabad endowment act, 1878 (act 15 of 1878) was enacted. 36. in 1908, by enacting new code of civil procedure, sections 92 and 93 were incorporated for the proper administration ..... and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, and, save as otherwise provided in this act, any person who is for the time being administering any wakf property; (d)............................................. (e)"wakf" means the permanent dedication by a person professing the .....
Tag this Judgment!Court : Allahabad
..... v. union of india, (1985) 4 scc 252, has considered in detail the amendment of second clause of article 311 of the constitution by the constitution (forty-second amendment) act, 1976. the relevant portion of the judgment in the case of satyavir singh (supra) at page 280 is as follows: "(104) where a clause of the second proviso to ..... the reasons why it is not possible or practicable to hold such inquiry. in the present case the authority has only stated that the act of the delinquent amounts to misconduct but no reason has been given that why holding of inquiry was not practicable. therefore, in my view, the order is not sustainable ..... a condition precedent for violating rule 8(2)(b) of rules, 1991 and reasons must be genuine and germane to the material on record. merely because the delinquent's act was in the nature of misconduct which may lead to the dismissal or reduction in the rank may not be sufficient to waive the inquiry. the authority has to give .....
Tag this Judgment!Court : Allahabad
..... of duty and functions of the office as contemplated under the uttar pradesh kshettra panchayats and zila panchayats adhiniyam, 1961 (hereinafter in short called as the "act"). however, on account of political rivalry, notice/proposal for bringing no confidence motion against the petitioner, which was allegedly signed by 61 members out of 96 ..... against the petitioner. according to the petitioner, such notice/order has been issued by the district magistrate without following the prescription of section 15 of the act. moreover, 59 members, out of total 96 members of concerned kshettra panchayat, swore affidavits on 03rd july, 2012 stating that they are fully satisfied with ..... (2) uplbec 1181 (ram nath tripathi vs. commissioner lucknow division, lucknow and other) to establish that compliance of provisions of section 15(3) of the act is mandatory in nature. on the other hand, the respondents have relied upon an unreported judgement of another division bench of this court dated 11th june, 2012 .....
Tag this Judgment!Court : Allahabad
..... -engine to render such assistance as may be possible ; and(f) generally take such measures as may appear necessary for the preservation of life or property.(2) no person shall be liable to pay damages for an act done by him under sub-section (1) in good faith.(3) any damage done in the exercise of a power conferred ..... recruited personnel to maintain it so as to discharge statutory duties under the said provisions. it is this establishment of "fire brigade" which was continuing when the workman compensation act, 1923 (act no.8 of 1923) was enacted and came into force on 1 st july, 1924. the definition of "employer" and "workman" are contained in section 2(1)( ..... of any entry under schedule vii list 3, if it is already covered therein, otherwise such power may become ultra vires. both the enactments i.e. 1923 act and 1944 act are pre constitutional enactments and are continuing by virtue of article 372 of the constitution but the fact remains that 1944 enactment being a subsequent one, made for .....
Tag this Judgment!Court : Allahabad
..... round of litigation the petitioners approached this court and the matter was remanded to the commissioner and thereafter application under section 27 (4) of the act was dismissed. recall application moved by the contesting respondents was also dismissed and the entire proceedings attained finality on 24.05.1993. thereafter, in the ..... learned standing counsel on the strength of the supplementary counter affidavit contends that the commissioner has power to proceed suo motu under the provisions of ceiling act and if there is any fraud or misrepresentation the power to proceed does not get arrested on limitation. he therefore, contends that the proceedings that ..... have been initiated now disclose that the petitioners were not entitled for any allotment under the provisions of the act and hence the allotment deserves to be cancelled. learned standing counsel further contends that the impugned order has been passed after putting the petitioner to .....
Tag this Judgment!Court : Allahabad
..... and remove diseased or dry standing timber from areas other than those notified under section 18 or section 35 of the wild life protection act, 1972 or any other act banning such felling or removal of trees. 3. for this purpose, the state government is to constitute an expert committee comprising a representative from moef, a representative of the ..... kumar rana, reported in air 2004 sc 1851, the hon'ble supreme court has observed as under:- "20..................."forest is a national wealth which is required to be preserved. in most of the cases, the state is the owner of the forests and forest produce. depletion of forest would lead to ecological imbalance. it is now well ..... -settled that the state is enjoined with a duty to preserve the forest so as to maintain ecological balance and, thus, with a view to achieve the said object forest must be given due protection. statutes which provide .....
Tag this Judgment!Court : Allahabad
..... and in such circumstances it is incumbent upon the assistant registrar to refer the dispute between the parties to the prescribed authority under section 25(1) of the act. assuming for the moment the contention of mr. pandey which is based on the observation of the assistant registrar is correct, then there is no dispute between ..... condition precedent for referring the matter to the prescribed authority otherwise reference ought to be made by the registrar. 4. we have gone through section 25 of the act and find that the reference by the registrar or assistant registrar is supported by the word "may", therefore it is admitted position that the registrar or assistant ..... .2010 has been challenged. the dispute is only on the question whether the matter can be referred to the prescribed authority under section 25(1) of societies registration act, 1860 or not. 2. rom the order impugned herein it appears that since there is no referable dispute, the matter cannot be referred to the authority. the .....
Tag this Judgment!Court : Allahabad
..... ltd. vs. cce 1996 (9) scc 413 it has been held that the mere use of the ingredients or that they are purified or added with some preservative does not alter their character so long as the ingredients used therein were known to both ayurvedic and western sciences. 44. in richardson hindustan ltd. (supra) ..... persons dealing with almost all of the aforesaid products, namely dealers, consumers, doctors and research persons. even authentic ayurvedic texts recognised under the drugs and cosmetics act 1940 were produced to establish that the aforesaid products have medicinal properties and value and are not actually used as pure cosmetics. 28. on the other hand ..... systems such as ayurvedic, siddha or unani, allopathy and homoeopathy. "ayurvedic, siddha or unani drugs" has been defined in section 3(a) of the drugs and cosmetics act, 1940 as under: "(a) "ayurvedic, siddha or unani drug" includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or .....
Tag this Judgment!Court : Allahabad
..... the abuse of the process of courts through pil. being concerned with the abuse the hon'ble supreme court issued directions to preserve the purity and sanctity of pil as under:-"in order to preserve the purity and sanctity of the pil, it has become imperative to issue the following directions:(1) the courts must encourage ..... of gross violation of fundamental rights by a group or a class action on when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all ..... developmental activities for planned development of the city of the lucknow in accordance with the provisions of master plan-2021 and u.p. urban planning and development act, 1973. petitioner has abused the process of this hon'ble court for oblique considerations. neither any violation of statutory provision nor violation of any fundamental rights .....
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