Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 42 unlawful detention of pay Court: allahabad Page 1 of about 11 results (0.083 seconds)

Smt. Satya Gupta and Others Vs. Om Prakash (Decd.) Through L.Rs. and O ...

Court : Allahabad

Reported in : 2001(1)AWC442

..... three exceptions of section 21 of the indian evidence act. the trial court did not accept these documents as proving the ceremony of adoption. the lower appellate court has, however, observed in its judgment that all ..... the defendant-appellant no. 1. therefore, such admissions could not be proved unless covered by any of the three exceptions under section 21 of the indian evidence act. learned counsel for the respondents has not been able to point out that the admissions contained in the recitals in the three documents are in any manner coveredby ..... by or on behalf of the person who makes them or by his representative-in-interest except in three circumstances provided in section 21 of the indian evidence act. admittedly, the recitals in the three documents are not admissions of the defendants-appellants ; they are admissions of the plaintiffs predecessor-in-interest or one of .....

M/S. Rajhans Infratech Pvt. Ltd. and Another Vs. State of U.P. and Oth ...

Court : Allahabad

..... laid down in state of gujrat vs. jagan bhai air 1966 sc 1631. it may also be noted that there is no express or implied bar under the act which prohibits the authority from correcting or rectifying the certificate issued or order passed. in m/s. jaipur mineral developments syndicate, jaipur vs. the commissioner of income tax ..... is that in the absence of any specific provision permitting such an amendment/correction, any change in the certificate would amount to review which is not permissible under the act. moreover, if such corrections are permitted to be made it will create chaos in the working of the treasury. he has further submitted that in case petitioners ..... certificate of payment may be obtained in the form of an endorsement by the officer in charge of the treasury as provided under section 10-a of the indian stamp act. the petitioners accordingly, for the purpose of payment of requisite stamp duty, as indicated above, applied to the respective banks i.e. allahabad bank, nehru place, .....

Neeraj Goswami and Others Vs. the State of U.P. Through the Senior Sup ...

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 .....

Hari Lal Vs. Balvantia and Others

Court : Allahabad

Reported in : 1998(2)AWC1069

..... deeds were executed during pendency of the suit. such sale deeds are hit by doctrine of lis pendens enshrined in section 52 of the transfer of property act. the defendants-appellant who purchased the property with full knowledge of her right to receive maintenance cannot now be permitted to defeat this important right by purchasing ..... defendants in whose favour the property has been transferred during pendency of the suit. for this purpose, in our opinion, section 39 of the transfer of property act is the appropriate provision under which the plaintiff-respondent could claim maintenance against the transferees. section 39 reads as under :'39. transfer where third person is ..... plaintiff was decreed by judgment and decree dated 27.3.1997, aggrieved by which the present appeal has been filed under section 19 of the family courts act.9. we have heard counsel for the appellant and the respondents. learned counsel for the appellant assailing the impugned judgment of the family court has submitted .....

Hari Om Yadav S/O Shri Viddhya Ram Yadav Vs. State of U.P. Through Its ...

Court : Allahabad

Reported in : 2006(1)AWC771

..... provided in the constitution whereas in the case of adhyaksh, zila panchayat, the constitution is silent, therefore, the restriction imposed in section 27-a (b) of the act is against the intention of the constitution, cannot be accepted. we fail to agree with the argument that on the contrary. the legislature, while enacting section 27-a ..... adhyaksh as well, the state legislature cannot impose a restriction not contemplated by the constitution. therefore, the provisions of section 27-a (b) of the act is in direct conflict and is inconsistent with the constitution of india and is liable to be struck down. it is also submitted that besides the impugned ..... is unconstitutional,being in conflict with the scheme of part ix of the constitution of india. the petitioner besides seeking declaration of section 27-a of 1961 act as unconstitutional and inoperative after enforcement of part ix of the constitution of. india has further prayed for mandamus ling the respondents from enforcing the provision .....

Ugrasen Singh and ors. Vs. State of U.P. and ors.

Court : Allahabad

..... authority or by any other authority not below the rank of superintendent of police, authorised by him in this behalf.14. section 7 of the police act, 1861 empowers the inspector general, deputy inspector general, assistant inspectors general and district superintendents of police to dismiss, suspend or reduce any police-officer of ..... learned counsel for the petitioners that during 18.02.2009 to 10.11.2009 the petitioners arrested as many as 39 persons under the provisions of excise act and recovered equipments, raw material and unauthorized liquor from several villagers falling under the beat where they were posted. similarly, six persons of village nihar ..... made in villages sonai, kanjera and nahar ka purwa and seven persons were arrested alongwith equipment, raw material and unauthorised liquor under the provisions of excise act. during inquiry from villagers it was revealed that unauthorised liquor was being prepared in that village for long time with the collusion of the police employees .....

Dr. Lalit Varma S/O Late M.P. Varma as Karta of Lalit Varma Huf Commis ...

Court : Allahabad

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 .....

Regional Manager, Region Iii, State Bank of India Vs. Madan Singh and ...

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 .....

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... seems to be prevailing on account of the fact that judiciary has segregated morality from law. though there may be a situation when immoral act may not be punishable and rightly statutory law should prevail but while interpreting the statutory provisions and constitutional philosophy courts should take into account the ..... 266, the supreme court observed that where government activity involves public element, the 'citizen has a right to claim equal treatment', and when 'the state acts to the prejudice of a person, it has to be supported by legality.' functioning of democratic form of government demands equality and absence of arbitrariness and ..... 21st century, when there is global economy, the question of faith is very important. government offers certain benefits to attract the entrepreneurs and the entrepreneurs act on those beneficial offers. thereafter, the government withdraws those benefits. this will seriously affect the credibility of the government and would show the short-sightedness .....

Smt. Suman Sinha Vs. Chief Justice High Court, Allahabad and Others

Court : Allahabad

Reported in : 2000(3)AWC2512; (2000)3UPLBEC2052

..... counsel for the petitioner apparently failed to showus that in not appointing the petitioner, hon'ble the chief justice of this court has violated any statutory rules or act. as rightly pointed out by shri sudhir agrawal. the learned counsel appearing on behalf of respondent nos. 1 and 2, the existing rules do not contemplate any ..... vlolative of articles 14 and 21 of the constitution of india ; and that in not giving appointment to the petitioner hon'ble the chief justice has also not acted fairly.6. shri sudhir agrawal, the learned special counsel for the court representing respondent nos. 1 and 2. on the other hand contended as follows :--(a) ..... the circumstances enumerated in the writ petition, the reliefs prayed for be granted. under the constitutional ethics and philosophy, the state being a welfare state is required to act in favour of citizens and similarly situated persons : that it were the lawyers who during freedom struggle of the country had laid their lives, and are still .....