Court : Allahabad
..... concerned ministry of government of india to the extent, as to whether the said guidelines would also apply to the regional rural banks created under powers vested in rural bank act, 1976. once the apex body i.e. indian banks association framed a model scheme for payment of ex-gratia for all public sector banks in pursuance of the decision taken .....
Tag this Judgment!Court : Allahabad
..... that is raised involves a pure question of law and even if the matter is referred to the chancellor under section 68 of the act it is bound to be agitated in the court by the party aggrieved by the order the chancellor, we are of the view that ..... not right in dismissing the writ petition of the appellant on the ground of availability of an alternate remedy under section 68 of the act especially when the writ petition that was filed in 1988 had already been admitted and was pending in the high court for the past ..... should come to an end as early as possible and that the appeal should not be dismissed merely on highly technical ground." 55. in dr. bal krishna agarwal v. state of u.p. and ors. this court held : "having regard to the aforesaid facts and circumstances, we are of ..... krishna murari, j. 1. the petitioner is a company duly incorporated under the provisions of indian companies act, 1956 and is engaged in the business of developing and setting up housing colonies and commercial complex. 2. .....
Tag this Judgment!Court : Allahabad
..... ltd. vs. charli and others. the apex court summarised its conclusion as follows: (i) in the applications for compensation made under section 166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of the ..... of sarla verma (supra). the application of multiplier in computation of compensation in cases of death and objection filed under section 166 or 163 a of motor vehicles act 1988 was also considered by apex court in reshma kumari (supra) and after considering the relevant cases general manager, kerala state road transport corporation, trivandrum vs. susamma ..... to negligent driving of the offending vehicle. the answering respondent is entitled to avoid the liability on the grounds prescribed in section 149(2) of the motor vehicles act, 1988. the claim petition is not in proper proforma and deserves to be rejected. on the basis of the pleadings of the parties, four issues were framed. .....
Tag this Judgment!Court : Allahabad Lucknow
..... women protection home seeking permission for giving master ansh in adoption to the petitioners as required under section 9 (4) and (5) of the hindu adoptions and maintenance act, 1956, thus, is hereby allowed and the permission for giving the child in adoption is accordingly granted. it is further provided that rest of the requisite legal ..... to kill her when she disturbs her. other inmates are taking care of the children. since this is a female institution the child has to be shifted to bal grih shishu when he grows old. they communicated us with gestures that their children may be given to some person." since the children are living with their biological ..... observed that clause-6 of chapter-i of the guidelines governing adoption of children, 2011 issued by the central government under section 41 of the juvenile justice act under the heading-additional eligibility criteria for prospective adoptive parents-prescribes that to adopt a child in the age group of 0-3 years, the maximum composite .....
Tag this Judgment!Court : Allahabad
..... .]" 25. there is no illegality regarding the authority of the search. the search was conducted by sub-inspector, who is authorized to take under section 42 of the act to search. the only thing is that they mentioned in the memo regarding the gazetted police officer, whereas the provision is for gazetted officer, but in this case this ..... :- "before seizure of the contraband from the scooter, personal search of appellants had been carried out and, admittedly, even at that time the provisions of section 50 of the act, although required in law, had not been complied with." in para 16 of this case, the hon'ble apex court has observed as under:- "in this case, the ..... evidence produced before him and convicted the appellant for having in possession of the commercial quantity of the charas and convicted him under section 20 n.d.p.s. act and sentenced him to undergo rigorous imprisonment of ten years together with a fine of rs. 1,00,000/-. aggrieved by the aforesaid order, the instant appeal has .....
Tag this Judgment!Court : Allahabad
..... any other factor which the commission may consider relevant for the inquiry. (5) for determining whether a market constitutes a relevant market? for the purposes of this act, the commission shall have due regard to the relevant geographic market? and relevant product market?. (6) the commission shall, while determining the relevant geographic market ..... 22. united states of america faced the same problem in pre industrialization period. it had to enact antitrust laws, sherman act, 1890; clayton act, 1914; the federal trade commission act, 1914; and the robinson-patman act, 1936. other industrial countries had also followed the same suit. 23. india also felt the need to enact such ..... by sri p.s. chauhan, learned counsel for the petitioner, submits that the commission has arbitrarily exercised its power under section 19 of the competition act on its own motion, as there was no material available before the commission; the objection raised by the cag regarding the auction of the sugar mills .....
Tag this Judgment!Court : Allahabad Lucknow
..... parties lived together or the place of cause of action as a ground for invocation of jurisdiction of the court. domestic violence act is the first act is the first act where a temporary residence of the aggrieved person has also been made a ground for invoking the jurisdiction of court. the expression ..... with the term temporary residence, which empowers the complainant to lodge complaint at the place where she temporarily resides under section 27 of the domestic violence act. relevant paragraphs 9 and 10 are reproduced hereunder:- "(9) all legislative enactments on matrimonial disputes or custody matters make ordinary residence or residence or ..... judicial magistrate, lucknow did not call domestic violence report from the district protection officer, gurgaon, haryana, who is the competent authority being appointed under the act for the area where incident is alleged to have taken place. the learned magistrate called a report from the district protection officer, lucknow where no incident .....
Tag this Judgment!Court : Allahabad
..... expressly or impliedly, their non-impleadment in eviction proceedings or proceedings initiated by landlord shall not be vitiated. (iii) where a co-tenant claims to have acted through another co-tenant, for example, he claims of paying rent through another co-tenant who is actually residing in the tenanted accommodation, the impleadment of such ..... daughters evinced no interest to assert their right, therefore, by necessary implication, it can be inferred that they have surrendered their tenancy rights inherited under the act and once that is so, their non-impleadment as respondents shall not vitiate action on the principle of non-joinder of them as necessary party nor shall ..... them, eviction proceedings cannot continue. the apex court refers to definition of "landlord" and "tenant" under section 2(e) and (l) of delhi rent control act and found that rent was paid to sri b.p. pathak, the first respondent, who initiated eviction proceedings and thus he satisfies the definition of landlord. it also .....
Tag this Judgment!Court : Allahabad
..... contained in section171 of the act. therefore, the tribunal has committed a manifest error in law by not awarded the interest. considering this aspect of the matter and keeping in view of the ..... of this court in smt. mayawati case (supra) also held that award of interest is mandatory in the light of provision contained in section 171 of the act and in case this mistake is pointed out before the appellate court, the appellate court possesses power to pass orders awarding the interest in view of specific provision ..... counsel for the appellants further submitted that the tribunal has erred in not awarding the pendente lite interest and has violated the mandate as contained in section 171 of the act. he also submitted that awarding of interest is mandatory as held in national insurance company ltd., vs. smt. mayawati and ors. (2006 (2) alj 799). 5 .....
Tag this Judgment!Court : Allahabad
..... it was held that making of a declaration by notification that certain place shall be principal market yard for a market area under the relevant agricultural produce market act was an act legislative in character. in union of india and anr. v. cynamide india ltd. and another (1987 (2) scc 720), this court while making ..... matter which purely fall within the domain of legislators or the executives, based o n policy decision of the state government vide, jt 2007 (10) sc 509: bal ram bali and another. vs. union of india; 2008 (1) uplbec 625, food corporation of india and others vs. parashotam das bansal and others. accordingly, ..... and exercise of power under such legislative enactment or constitutional provision (article 154, 162, 166), shall be administrative in nature. the statutory provisions or the act is a legislative declaration of public purpose making provisions for ways and means of accomplishment whereas, the power exercised by the government through the executive department to carry .....
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