Court : Allahabad
Decided on : Mar-02-2007
Reported in : 2007(3)AWC3136
..... ' and 'transparency' also do not appeal to reason or logic which require 'fair' and equal treatment. in fact noida, by treating the petitioner differently has acted against 'transparency'/public interest.'. by treating the petitioner differently, in the instant case, it has jeopardised credibility of noida in the eyes of public. the public ..... aggrieved party and decide the matter consistent with the principles of natural justice.... that authority must genuinely address itself to the matter before it....it must act in good faith, must have regard to all relevant considerations, must not be swayed by irrelevant considerations, must not seek to promote purposes alien to ..... 5 of the writ petition) its earlier order to the effect that there has been no excess area, stands belied. the petitioner submitted that noida has acted in breach of its own terms and conditions of allotment/memorandum of transfer, which provide that conditions prescribed in brochure of the scheme shall be applicable .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-29-2007
Reported in : 2008(2)SLJ68(NULL)
..... the respondents have filed counter affidavit stating that indian telecom industry ltd. (hereinafter referred to as 'iti') is a public sector company registered under indian companies act, 1956 having its corporate office at bangalore and various industrial units at six places including one at naini (allahabad). the iti limited has incurred a colossal loss ..... rs. 1000 crores in last four years and its financial condition is precarious. the company has become sick and is registered under sick industries (special provisions) act, 1985 before board for industrial and financial reconstruction in september, 2004 and its rehabilitation scheme is under consideration. in its efforts to improve its profitability and after ..... service. unless the order if transfer is shown to be an outcome of a mala fide exercise of power or violative of any statutory provision (an act or rule) or passed by an authority not competent to do so, an order or transfer cannot lightly be interfered with as a matter of course .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-14-2007
Reported in : 2008(2)AWC1722
..... institutes of education and training/state has no recognition/approval from national council for teacher education under section 14/15 of the national council for teacher education act for the special b.t.c. training course urdu and therefore they cannot conduct any teachers training in respect of this course under law.(b) that there ..... its jurisdiction under article 162 of the constitution of india would be subservient to the recruitment rules framed by the state either in terms of a legislative act or the proviso appended to article 309 of the constitution of india. a purported policy decision issued by way of an executive instruction cannot override the ..... , no evidence could be produced before this court, which could establish that education is being imparted in any institution established by the board under basic education act through the medium of urdu nor any examination paper of any class could be produced by the state for establishing teaching of other subjects through the medium .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-03-2007
Reported in : 2008CriLJ1153
..... to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. the policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for ..... was passed. tehsildar seized and auctioned scooter of respondent when he was available with scooter in tehsil office, it was held by the court that the act of tehsildar was bonafide and initiation of prosecution by respondent against tehsildar for the offence under section 379 ipc was not maintainable in absence of sanction ..... and misappropriation of public fund can by no stretch of imagination by its very nature be regarded as having been committed by any public servant acting or purporting to act in the discharge of his official duty rather in such cases the official status only provides the opportunity for commission of the said offences. the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-2007
Reported in : 2008(2)AWC1697
..... india v. municipal committee, jalalabad and anr. : air1999sc2573 , the apex court considered the case of imposition of house tax under the provisions of the punjab municipalities act, 1911 and held that food corporation of india was a company - a distinct entity from central government, and thus, not being a government department, was entitled ..... of the central government does not lead to the further inference that the corporation is a government department. the reason is that the f.c. act has given the corporation an individuality apart from that of the government. in any case the corporation cannot be divested of its character as a 'company ..... binding upon the persons concerned. government includes, both the central government as well as the state government, if considered under the provisions of the general clauses act, 1897. therefore, the government is an impersonal agency concept including all its administrative and secretarial officers. government is a part of the body politic having .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-19-2007
Reported in : 2007(78)AWC2449
..... clause.6. learned counsel appearing for the appellants contended that the order of injunction is totally hit by section 41(e) and (h) of the specific relief act. 1963. on the other hand by virtue of the arbitration clause they can file an application even at a pre-reference stage under section 9 of the arbitration ..... covered by the arbitration clause of the agreement. the arbitration clause is quoted below:any dispute or difference of any nature whatsoever or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of the director ..... also at term of this contract that no person other than the director marketing or a person nominated by such director marketing of the corporation as aforesaid shall act as arbitrator hereunder. the award of the arbitrator so appointed shall be final, conclusive and binding on all parties to the agreement. subject to the provisions of .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-16-2007
Reported in : 2007(2)AWC1867
..... a particular tort-feasor to suit his convenience or connivance. consequently, it has to be held that for adjudicating the claim for compensation under the provisions of the act, all claimants and all the tort-feasors including their insurers, have to be necessarily made parties before the claims tribunal for determination of their respective rights and ..... was aged 31 years 5 months. in the post mortem report the age of deceased was shown as 30 years. the deceased was working in bakhtawar singh bal kishan and company as accounts officer and his monthly salary was rs. 3,230, which was proved by the widow of the deceased. after deducting l/3rd ..... , unless particular statute expressly or by necessary implication or intendment excludes, the common law rule, the latter must prevail, therefore, it is necessary to examine the act and the rules to ascertain whether there is any indication therein that the intention of legislature is to exclude the common law rule.11. the observations of hon .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-16-2007
Reported in : AIR2008All66; 2008(1)AWC664
..... agreement to sell, the specific performance of which is being sought, is unregistered document, though as per the provisions of section 54 of transfer of property act, as amended in the state of uttar pradesh, any agreement to sell regarding immovable property can be effected only through registered document and hence the alleged ..... agreement in question registered and its specific performance could not be passed in this case, because the plaintiff did not avail the remedy provided under registration act for getting a document registered. the agreement dated 22.01.1993 is unregistered document. the learned court below has passed a decree for mandatory injunction ..... office for the purpose of registration of the agreement to sell dated 22.01.1993. therefore, having regard to the aforesaid mandatory provisions of the registration act, in our considered view, the suit for mandatory injunction for direction to the defendant to get the agreement in question registered is not legally maintainable .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-21-2007
Reported in : II(2008)BC576
..... .1. the application has been filed for quashing the proceedings in criminal complaint case no. 632/04, avnish dutt sharma v. dr. sanjay kumar, under section 138, negotiable instruments act (hereinafter referred as act) pending in the court of special a.c.j.m. c.b.i. (a.p.), lucknow.2. heard mr. shamim ahmed, learned counsel for the applicant, mr. shrikant ..... the complainant under section 200, cr.p.c. and finding that a prima facie case was made out against the accused directed to summon him under section 138 of the act. feeling aggrieved this application has been filed.5. according to applicant the cheque was not presented in time at the payee bank and that the transactions had taken place in .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-22-2007
Reported in : 2008(1)AWC206
..... section 6 declaration is not made, any exercise undertaken by the court becomes futile. declaration under section 6 can be made within the limitation prescribed in the act which starts from the date of last publication in the newspaper. (vide yusufbhai noormohmed nendoliya v. state of gujarat and anr. : air1991sc2153 ; sangappa gurulincappa ..... the high court had erred in quashing the preliminary notification under sub-section (1) of section 28 of the karnataka industrial areas development act 1966 (hereinafter called the act 1966), observing as under.to us, therefore, the parties were right in raisin a preliminary objection that the petition was premature, as ..... the petitions have been dismissed being premature, giving opportunity to the petitioners therein to approach the court after publication of declaration under section 6 of the act, for the reason that in case the declaration is not made within stipulated period, the proceedings would lapse, and entertaining the petition at this stage .....
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