Court : Allahabad
Reported in : 2005(1)ESC737; [2005(104)FLR599]; (2005)IILLJ594All; (2005)2UPLBEC1238
..... was in excess of the scope of reference, by holding that the petitioner-bank had failed to comply with the provision of section 25h of the act, as held by hon'ble supreme court in the case of firestone tyre and rubbers co. of india pvt. ltd. (supra). respondent no. 2 erred in applying provisions of section ..... mind while deciding the question of back wages. i also find that the reference made to respondent no. 2 was only to the extent that whether respondent no. 2 had acted in excess of scope of reference made to it, which was in respect with the termination of the service of respondent no. 1 w.e.f. 13.11.1978. it ..... .11.1978. in absence of any seniority list of temporary employees, the employer-bank had committed violation of rule 77 and section 25g of the industrial disputes act, 1947 (hereinafter referred to as the act) and, therefore, on this count, the termination of the workman would be illegal. it also found that the termination letter of 14 days' notice in compliance .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC667; (2005)1UPLBEC432
..... , 2004.12. although this court has full sympathy with the petitioner for being denied her claim to be admitted in the m.b.b.s. course because of the fraudulent acts of respondent no. 5, however, this court cannot issue directions contrary to the orders of the hon'ble supreme court or statutory regulations framed by the medical council of india .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2001
1. Sri K.D. Nag, learned Counsel for Union of India has informed this Court that the notice on behalf of opposite party No. 1 was wrongly accepted in the Office of the Senior Standing Counsel and the same is being returned as Senior Standing Counsel has no authority to receive the copies of notice on behalf of opposite party.2. The inherent essential characteristic to become an Engineer is to be intelligent; to become a Doctor is to be intelligent and diligent both; to become a Defence Officer one has to be brave and one who wants to become a member of Bar, has a responsibility towards the Society at large and towards the administration of justice is not less a person has to inculcate all the above qualities. But now-a-days, the people have adopted short cut methods to come in the limelight and one such method is filing Public Interest Litigation. Of and again, the Hon'ble apex Court and this Court penned down in strongly worded sentences that member of the Bar while filing Public Inte...
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1986
..... be evident that at the time of entry into the field on consideration of persons with whom the government could contract at all act purely in its executive capacity and is bound by its obligations which dealings of the state with the individual citizens import into every transaction entered into in exercise of ..... black-listing. a person who has been dealing with the government in the matter of sale and purchase of materials has a legitimate interest or expectation. when the state acts to the prejudice of a person it has to be supported by legality.' 14. in view of the law laid down by hon'ble the apex court, it will ..... which determines rights and obligations of the parties inter se. no question arises of violation of constitutional provision when the state or its agents purporting to act within the field perform any act. in the sphere, they can only claim rights conferred upon them by contract and are bound by the terms of the contract only unless some statute .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ2776
..... section 570 of the u.p. municipal corporation act by the nagar ralikas as government servant and officers are protected under section 197 of cr.p.c.12. in instant case when corporator moved application and complaint ..... his official capacity as sub divisional magistrate for the purposes of removal of the encroachment from the government land and in exercise of such duty he committed the act.11. in instant case it is admitted that the applicants are officer or employee of the nagar nigam, gorakhpur it is alleged that are protected under ..... exercise of such duty he allegedly entered the chamber of the complainant, used filthy language and dragged him out of his chamber. it was held that the act had reasonable nexus with the official duty of the appellant and no criminal proceeding could be initiated against the application without obtaining prior sanction because the appellant was .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2631; 2005(2)ESC1125
..... can be passed in view of the master and servant relationship, nor it can be passed in exercise of the provisions of article 21 of the general clauses act. the power to suspend can be exercised, provided the statutory rules permit such an action. an authority which has the supervisory/administrative control over an employee, can ..... authority, higher than the authority competent to remove or dismiss or reduce in rank, can grant the sanction of prosecution under the provisions of prevention of corruption act, 1947 for the reason that article 311 of the constitution guarantees that the authority to remove should not be subordinate to that by which he was appointed. ..... the competent authority who can always review its order of suspension being an inherent power conferred upon him by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1399; 2005(2)ESC1199
..... law or sister-in-law.13. the reason for this difference is not far to see; when one is looking at the indian succession act, one is judging the descent of property, which has everything to do with blood relationship.14. the dictionaries, however, refer to the ..... a son of one's brother or sister, or of one's brother-in-law or sister-in-law.12. the indian succession act, therefore, speaks with a different voice from the concise oxford dictionary; dictionaries speak with the same voice and black's dictionary defines ..... brother and a brother-in-law, in relation to proximity of relationship, are extremely wide apart. if the schedule to the hindu succession act, 1956 is considered, it would be seen that a brother is at item no. (3) of head ii of class ii of ..... accede what a nephew is best understood by looking at a helpful chart of consanguinity given in schedule i of the indian succession act, 1925. it would be seen there that a brother's son is a nephew but it is quite difficult from the son .....
Tag this Judgment!Court : Allahabad
Reported in : II(2005)DMC110
..... vikas involved in case crime no. 51 of 2005, under sections 498a and 406 i.p.c. and section 3/4 dowry prohibition act, p.s. kankar khera, district meerut be released on bail on his furnishing a personal bond and two sureties each in the like amount ..... view taken by the apex court in the case of s. gopal reddy (supra) is far the interpretation of section 4 of dowry prohibition act because the demand of dowry can be raised at any stage of negotiation for marriage, it may be before, at or after the marriage ..... c. (crl) 792 in which the hon'ble apex court has taken the view that for the purpose of section 4 of dowry prohibition act the marriage includes the proposed marriage also. so the applicant is not entitled for bail.7. in view of the facts and circumstances of ..... on bail in case crime no. 51 of 2005, under section 498a and 406 i.p.c. and section 3/4/ dowry prohibition act, kankar khera, district meerut.3. the facts in brief of the case are that the first informant ratan lal lodged an f.i.r .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All266; 2005(3)AWC2560
..... of 'res' is 'everything that may form an object of rights and includes an object, subject-matter or status' and 'res judicata' literally means 'a matter adjudged a thing judicially acted upon or decided, a thing or matter settled by judgments'.22. on the aforesaid position, this court is of the view that petitioner having agitated the correctness of the impugned ..... quoted as under :para 5. 'it has been seen that the bar under section 11a was available to the appellant when the first writ petition was filed, since the amendment act 68 of 1984 had come into force on september 24, 1984, during pendency of the writ petition. he did not raise the point. therefore, the doctrine of 'might and ought .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1869
..... order no. 7/99 issued by the respondents inasmuch as under the provisions of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, but the impugned actions of respondents are wholly erroneous, arbitrary and illegal whereby the petitioner has been invalidated out from service w.e.f. 11.12 ..... could be accommodated on other suitable post, on his rank in accordance of the provisions of aforesaid standing orders and the provisions of section 47 of the act, 1995, but respondents have completely ignored the aforesaid provisions of law. instead of doing so the respondents have wrongly invalidated out the petitioner from service vide ..... provisions of aforesaid two beneficial schemes. in this connection it is necessary to point out that the scheme underlying in the provisions of section 47 of the act, 1995 is statutory and mandatory in nature contained in central enactment itself, whereas the scheme contained in standing order no. 7/99 dated 6.5. .....
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