Court : Allahabad
Reported in : 2005(3)ESC2129
..... aforesaid order would indicate that the chancellors has proceeded to hold, that since there was no valid statute or ordinance framed either under 1973 act or the 1958 act nor was there any approval of the chancellor to the same and, as such, the education programmes in question could not have ..... could have been raised for the first time;(b) by any person other than an authority or officer of the university or a person aggrieved :provided further that the chancellor may in exceptional circumstances--(a) act suo motu or entertain a reference after the expiry of the period mentioned in the preceding proviso;(b) where the matter referred relates to a dispute about the election, and the eligibility of the person ..... of the university (including any question as to the validity of a statute, ordinance or regulation, not being a statute or ordinance made or approved by the state government or by the chancellor) is in conformity with this act or the statutes or the ordinance made there under, the matter shall be referred to the chancellor and the decision of the chancellor thereon shall be final :provided that no reference under this section shall be made--(a) more ..... up for consideration is as to what reliefs are the petitioners entitled to in the ..... not possible for the state to provide tax supported and publically controlled education to its ..... as to the chancellor in certain contingencies and in case such statutes are framed, the same cannot be amended or repealed by the executive council.12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... , (1983) 54 stc 226 : (1984 tax lr 2982) where analogous provision section 9(1) of the haryana sales tax act, 1973 was held to be ultra vires. ..... of giving development allowance as demanded, the state government authorised them to realise extra charge for maintenance and further decided not to give any further relief to the recipients of grant-in-aid who availed full exemption for some years and partial exemption for remaining years during which the grant-in-aid continued ..... according to wills 'a judicial declaration of the unconstitutionally of a statute neither annuls nor repeals the statute but has the effect of ignoring or disregarding it so far as the determination of the rights of private ..... court declares a law to be uncon-stitutional, that declaration does not repeal to amend the law, for to repeal or amend a law is a legislative and not a judicial function. ..... court excellently stated :'the court does not annul or repeal the statuteif finds it in conflict with the constitution. ..... the court says :'the court does not annul or repeal the statute if it finds it in conflict with ..... the court' does not quash or repeal the provisions declared ultra vires, but simply prohibits the authorities from ..... a division bench in relation to a case raising the same point subsequently before a division bench is no constitutional or statutory prescription in the matter, and the point is governed entirely by the practice in india of the courts sanctified by repealed affirmation over a century of time. ... .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3403
..... united collieries limited and others, air 1985 sc 192, wherein the court interpreting clause (xii) of section 2 of the coal mines (nationalisation) act, 1973, held thatstaff car of the technical advisor to the company which was nationalised under the act shall stand transferred to and vest in the central government and it was not necessary to prove the nature of its user as under the definition in clause (xii) of section 2 of the act it is fixed asset of the mine.12. ..... a debt, mortgage, charge or other encumbrance or lien, trust or similar obligation created after the scheduled undertaking or any property or asset comprised therein had been attached, or a receiver appointed over it , in any proceedings for realisation of any tax or cess or other dues recoverable as arrears of revenue shall be void as against all claims for dues recoverable as arrears of revenue.'8. ..... the plaintiffs, during the pendency of the suit, got amended the plaint by adding the relief that if the court crimes to the conclusion that the defendants were in possession of all or any of the items mentioned in paragraph 10 of the plaint, a decree for possession be passed in favour of the plaintiffs. ..... the definition in respect of 'land' contemplates that every kind of land shall stand vested under section 3 of the act except such lands which are held or occupied for the purposes of cultivation and grove land of the company whose land has been acquired. ..... zamindari abolition and land reforms act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC186
..... liven if the defendant was in possession prior to enforcement of zamindari abolition act, the suit could be filed in the civil court. ..... the present case the defendant entered into possession after the enforcement of the zamindari abolition act. ..... prior to the enforcement of the zamindari abolition and land reforms act, 1950, the jurisdiction for ejectment of trespasser of a grove land was with the civil court ..... the state could have filed the suit within 60 years under the old limitation act and under the new limitation act within 30 years and five more years in excess where the limitation was reduced ..... ram prasad and ors air (36) 1949 677 which have interpreted section 65(c) of the evidence act that unless it is proved that the original is destroyed or lost, the secondary evidence shall not be given ..... zamindari abolition and land reforms act in this area, and is not liable to ..... also pleaded that the suit was barred by section 42 of the specific relief act and order 21 rule 103 cpc. ..... the rule that cession of territory by one state to another is an act of state and the subject of the former state may enforce only those rights, which the new sovereign recognizes, has been explained in privy council decision in wajesin ji ..... he held that the plaintiff has claimed defendant's ejectment in the alternative and thus the suit is not haired by section 42 of the specific relief act. ..... of 1973. ..... suit was subsequently transferred in the court of civil judge, who heard and decreed the suit on 1.5.1973.12. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3372
..... the authority finds in its wisdom that the construction has been raised for a purpose other than what intended for, which is in violation of section 16 of the act and the land user under the master plan, and the applicant is continuing the construction even after receiving the prohibitionary notice and he accepts that he has violated the law ..... has taken the view that a land could not be permitted to be used contrary to the stipulated user except by amendment of master plan, after due observance of the provisions of the act 1973, the rules and bye-laws, framed thereunder. ..... , air 2000 sc 2623, the hon'ble supreme court while considering the case under the rent control act, held that wrongful user, if found to be in any breach of the terms of lease, other factors such as possibility of government permission for change in land user, cannot be a consequence to be taken ..... to have complied with the aforesaid notices and orders issued from time to time and appear to have continued to perpetuate the aforesaid unauthorised acts, committed by them, which also stand reflected by the admission made by the petitioners in paragraph 11 of the writ petition. ..... , wherein it has been held as under:-'while exercising such a power the authority has to keep in mind the purpose and the policy of the act and while granting relief has to equate the resultant effect of such a grant on both viz. ..... approved the bye-laws, framed by the authority, however, the said bye-laws also do not permit the relief sought herein. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3445
..... in the said case, though the parties therein were relegated to the civil court for adjudication of their rights by adducing evidence on facts but granted the interim relief till the disposal of the suit for the reason that the matter remained pending before the court to be decided after disposal of the suit. ..... question involved therein had been as to whether the moti moree held by the petitioner and his ancestors under a grant was part of jagir within the meaning of the bombay merged territories and areas (jagir abolition) act, 1954. ..... pending before the court, the writ court has no competence to issue any direction protecting the right of the petitioner interregnum, for the reason that writ does not lie for granting only an interim relief and interim relief can be granted provided the case is pending before the court and rights of the parties are likely to be adjudicated upon on merit.14. ..... the court held as under:the question which we have to determine is whether directions in the nature of interim relief only could be granted under article 226, when the court expressly stated that it refrained from determining the rights of the parties on which a writ of mandamus or directions of a like nature could be issued. ..... the issue involved herein is as to whether this court has a power to grant the relief sought at this stage to the petitioner when the petition has been dismissed as withdrawn and the matter has neither been adjudicated upon on merit nor examined at all.8. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2434
..... the aforesaid case held that merely because a question of fact is raised, the high court would not be justified in requiring the party to seek relief by the somewhat lengthy, dilatory and expensive process by a civil suit against a public body and that on a given set of facts if 'the state' acts in an arbitrary manner, even in a matter of contract, an aggrieved party can approach the court by way of writ under article 226 of the ..... shall re-enter upon the land:provided that where the period of five years has expired before the commencement of the uttar pradesh urban planning and development (amendment) act, 1997, or where the period of five years expires within one year after such commencement, the charge shall be realizable after a period of one year from the date of such ..... planning and development act, 1973 by the learned ..... arose out of the order of the vice chairman, lucknow development authority, cancelling the earlier order dated january 31, 1985, granting permission under section 15 of the act in favour of the respondent lessees to develop the lease hold property by erecting thereon a multi-storeyed building called 'balrampur towers'.73 ..... . urban planning and development act, 1973 and also the regulatory power and also the power of re-entry of lessor after ..... the stipulation that the permission would be valid upto 4.2.2006 in accordance with the provisions of urban planning and development act, 1973 (hereinafter referred to as the act) and the rules framed thereunder.17. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... being granted on the ground that there involves substantial questions of law as well as that of the interpretation of the constitution of general importance as well.certificate having been granted by me it appears to be just and proper to grant interim relief to the effect that till the petitioners obtain interim order from their lordships of hon'ble the supreme court, their possession over the land in dispute shall not be taken from the respective ..... operative to the extent and has been made operative and to be continuing in operation to the extent it is not inconsistent with the constitution, and, as such shariat law by virtue of section 2 of muslim personal law (shariat application) act of 1937 read with article 372 of the constitution of india it is to the extent shariat law is not inconsistent with the provisions of constitution of india and its basic structure, the shariat law will be the rule governing ..... of that act of 1937 had made provision for dissolution of marriage by court in certain circumstances but with the enactment of dissolution of muslim marriage act 1937, which made provisions entitling the muslim women to obtain decree for dissolution of marriage had certain grounds, section 5 of muslim personal law (shariat) application act, 1937 had been repealed. ..... , earlier to june 8, 1973 as is exhibited by and proved by the ..... 26 of 1973 reads as under:application of personal ..... , on 8.7.1973 and held the prescribed authority to be justified in including the holding .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All719
..... , even at the stage of second appeal, that he had acquired the right of an adhivasi under section 20 of the zamindari abolition act but where no such plea was put forward, the plaintiff's suit for ejectment, which had been decreed before the coining into force of the zamindari abolition act, was not to be dismissed simply because subsequently the rights of the zamindars had been abolished in some classes of land.the dismissal ..... retrospective, (they have clearly not been given any retrospective operation), but the question is whether the coming into force of the zamindari abolition act, during the pendency of the suit in the trial court, necessarily meant that the declaration claimed should be refused.the cases, where ejectment of a defendant is sought and a legislation is passrd ..... counsel for the petitioners urged that, in order to avoid multiplicity of litigation, the rights of the petitioners, under the zamindari abolition act should have been considered by the board of revenue, but, as i have stated above, the matter was a discretionary ..... if the right which the defendants claimed under the provisions of the zamindari abolition and land reforms act is such as to take away the right of the plaintiff or if the right which has been acquired by the defendants was such as would have been inconsistent with the right claimed by the plaintiff, it will certainly be open, to the revenue courts to refuse the relief or declaration to the plaintiffs.the plaintiffs may as well have been .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All386; [1978(37)FLR118]
..... the abolition act was reserved for consideration of the president by the governor under article ..... orissa estates abolition act, no. ..... the supreme court held that the act does not revive on the enactment of constitution (fourth) amendment act, which repealed the offending provisions of article 31(2) ..... there is nothing in the repealing provision or in any other part of the amending act to suggest that the repeal is to take effect at the point of time when the u. ..... 6 of 1972, which came into force on 22nd january, 1972, repealed sub-section (4) of section 20, section 20 a and section 20-b and enacted chapter vi-a headed 'special provisions regarding ..... there is nothing in the ordinances or the act to show that the repeal of clause (2) of section 20 was retrospective ..... presumptions are strengthened when the power to select or choose areas or intoxicants or persons is delegated to the highest executive body, namely, the state government, which is presumed to act with caution, and which is presumed to act reasonably and not in any sense of hostility to any individual or class of persons.75. ..... it was held that 'without prejudice to the generality of the provisions 'indicates that the acts and regulations specified in the ninth schedule would have immunity even if they do not attract article 31-a of the ..... state, a bench of this court in its decision of 26-11-1973 (all), repelled the various arguments and upheld the constitutional validity of section ..... is not a vehicle for merely declaratory relief. .....
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