Judgment Search Results Home > Cases Phrase: state of arunachal pradesh act 1986 section 47 power to construe laws Court: allahabad Page 1 of about 4 results (0.080 seconds)

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

Court : Allahabad

..... state electricity board(11) : 2008 (5) scc 609, state of arunachal pradesh ..... started production establishing the factory in tanda, the principle of promissory estopple attracted in view of catena of judgement of hon'ble supreme court particularly kalyanpur cement ltd (supra) as well as world wide settled proposition of law, it shall be fitness of thing and to maintain the people's confidence in the administration, ordinarily government should be abide by its assurance or promise and person should not be deprived of the benefit available from such assurance, ..... to an attempt by the promisor to go to enforce his full legal rights if:(a) the promisor intended to create legal relations by his promise, that is he intended to be bound by it;(b) the promisor knew that his promise would be acted on;(c) the promisee acts on the promise or representation in such a way as to alter his position,(d) either the promisor has not given reasonable notice that he has revoked his promise or the promisee has so altered his position as not to be able ..... brief facts are as under: section 5 of the act is an enabling provision which confers power on the state government to issue a notification in public interest along with rebate up to full amount of tax on sale and purchase of public goods or on sale or purchase of any goods by such person or ..... segregation of morality while construing statutory provisions or constitutional philosophy in due course of time convert the men into animal and may result into .....

Waf Alalaulad and Another Vs. M/S. Sundardas Daulatram and Sons and Ot ...

Court : Allahabad

Reported in : AIR1996All355

..... ' supreme court accordingly directed the state of arunachal pradesh to ensure that life and personal liberty of every chakma residing within the state is protected and any attempt to forcibly evict or drag them out of the state by organisations or group of persons shall be repelled, if necessary by requisitioning service of para-military or police force. ..... and enforcement of the contractual/legal rights of the private party, nor can it interfere in such matter even if the tenants have been unlawfully dispossessed from the property; (ii) tenants have alternative remedy of suit under section 6 of the specific relief act; and (iii) petitioners have no legal rights to remain in possession of the properly after 31-12-1994 and as such writ of mandamus cannot be issued. 4. ..... the contention of the learned counsel for the tenants is that the property of which they were in lawful possession has been unlawfully grabbed by the owner with the help of mafias and it is the duty of the court to restore its possession to them, learned counsel for the owner, apart from disputing the above ..... union of india : air1990sc1480 , generally known us 'bhopal gas leak disaster case' the supreme court while dealing with the concept known as 'parens patrias', has held that the government has the sovereign power of guardianship over the persons under disability and it is its duty to protect them. .....

Power Measurement Ltd. Vs. U.P. Power Corporation Ltd. and ors.

Court : Allahabad

Reported in : 2003(2)AWC1642b

..... in state of arunachal pradesh v ..... in ram krishnadalmia, the court was dealingwith a challenge to section 3 ofthe commissions of inquiry act,1952 and notification issued bythe central government underthat section appointing acommission of inquiry to inquireinto and report on the affairs ofcertain ..... installation, testing and commissioning of 0.2s accuracy class static electronic trivector energy meters but the power corporation, after making enquiry and the preference of the domestic company over the foreign company, took a decision to grant tender to respondent ..... but once he shows that, which really is not a part of the 'burden of proof', it is for the state to justify the impugned law or action by proving that, for example, the deprivation of the petitioner's right to free speech and expression is saved by clause (2) of article 19 since it is in the nature of a reasonable restriction on that right in the interests of matters mentioned in clause (2) or ..... superintendent, presidency jail, calcutta, that the power of the government in india is to expel foreigners is absolute and unlimited and there is no provision in the constitution fettering this ..... counsel for the power corporation and respondent ..... petitioner, a foreign power measurement limited company having no office in india, engaged in manufacturing of 0.2s and 0.5s accuracy class energy meters and other metering components has approached this court under article 226 of the constitution against the decision of respondent no. .....

Smt. Shakti Kumari Gupta Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2006(2)AWC1525

..... state of arunachal pradesh ..... sunderdas daulatram and sons, decided on march 13, 1996, has held that if a person has been unlawfully dispossessed from his property without any recourse to law by a private person, writ is to be issued to restore its possession to the person who has been dispossessed from it and it cannot be said that only remedy in such ..... of doubt that the public authorities and the government are bound to act reasonably and fairly and each action of such authorities must pass the test of reasonableness and whenever action taken is found to be lacking bona fide and made in colourable exercise of the power, the court should not hesitate to strike down such unfair and unjust ..... were not only surprised but shocked that the police officer who was deputed to file the affidavit either was totally incapable of understanding the law which he was supposed to follow or to protect life and property of citizens or he deliberately conducted himself in a manner so ..... liked to caution the respondents that this was, a clear-cut case of criminal house trespass about which the provisions of the indian penal code take care of in sections 441, 442 and 445 as well as the other related provisions. ..... been taken under section 107/116 ..... why the matter was left by the authorities by simply initiating the proceedings under section 107/116, cr. p.c. ..... in police custody and we were informed that he was brought from the jail as he had been detained there being an accused in a case under section 302, i.p.c. .....

Shri J.C. Thind, Son of Shri L.R. Thind Vs. Union of India (Uoi), Thro ...

Court : Allahabad

Reported in : 2006(1)AWC256

..... the gauhati high court had no jurisdiction to entertain the writ petition as no cause of action had arisen, even partly, within its territorial jurisdiction and receiving the message in arunachal pradesh to appear before the cbi authority at bombay did not give rise to the cause of action, even partly.27. ..... judgments in nasiruddin (supra); rajasthan high court association (supra) and interpreted the provisions of clause 14 of the amalgamation order holding that as in the said case the order had been issued by the state government having a seat at lucknow, the lucknow bench had the jurisdiction to entertain the petition, and by transferring the case to allahabad high court by passing a quasi-judicial order, the hon'ble chief ..... 25itr167(sc) while examining the scope of territorial jurisdiction of the court and exercise of the discretion held as under:-'...there are only two limitations placed upon the exercise of these powers by a high court under article 226 of the constitution; one is that the power is to be exercised 'throughout the territories in relation to which it exercises jurisdiction', that is to say, the writs issued by the court cannot run beyond the territories ..... taking note of sections 113 and 207 of the said act, the apex court held that the cause of action for default of not sending the share certificates within the stipulated period would arise only at a place where ..... is a bundle of facts which, taken with the law applicable, gives the plaintiff a right to relief against .....

Rajendra Kumar Mishra Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : [2005(104)FLR71]; (2005)1UPLBEC108

..... gauhati high court had no jurisdiction to entertain the writ petition as no cause of action had arisen, even partly, within its territorial jurisdiction, and receiving the message in arunachal pradesh to appear before the cbi authority at bombay did not give rise to the cause of action,even partly.25. ..... ganguly of 1841 light regiment in which the following charge was levelled against him under section 64(e) of the army act:'obtaining for himself a gratification as motive for procuring the enrolment of a person in that he, at kanchanpara, on 3.1.1999, while working as a clerk in the branch ..... utpal kumar basu : (1994)4scc711 , it was held by the supreme court:'under article 226 a high court can exercise the power to issue directions, orders or writs for the enforcement of any of the fundamental rights conferred by part iii of the constitution or for any other purpose if the cause of action wholly or ..... the inference which the judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect ..... particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. ..... state of punjab (supra), the supreme court observed that judgments of courts are not to be construed .....

Chaudhary Chandan Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : AIR2005All280; 2005(4)AWC3862H; 2005(4)ESC2423

..... the parties and taking into consideration the suggestions placed before us by the learned attorney general, we pass the following order :--'(1) it is submitted that till the central government constitutes a statutory agency as contemplated by section 3 of the environment (protection) act, 1986 it is necessary and expedient that an authority be constituted at the national level to be called central empowered committee (hereinafter the 'empowered committee') for monitoring of implementation of hon'ble court's order and to ..... working plan in any particular state, such as arunachal pradesh, where the permit system exists, the felling under the permits can be done only by the forest department of the state government or the state forest corporation..6. ..... by a notification dated 3rd june, 2002 the government constituted the central empowered committee and the powers and functions were defined as follows :--'the power and functions of the committee as per the order of the hon'ble supreme court of india ..... with a view to circumvent this court's order dated 4th march, 1997 the state of uttar pradesh has used the device of changing the law. ..... judgment and order dated 28th january, 2005 set aside the order dated 24th june, 2004 and remanded the matter back to the regional director to decide it afresh in accordance with law. ..... disposed of on 25th march, 2004 with a direction that the application filed by the petitioner for grant of saw mill licence shall be considered afresh in accordance with law. .....

Shoorveer Singh S/O Madan Pal Singh Vs. Union of India (Uoi) Through S ...

Court : Allahabad

Reported in : 2006(2)AWC1447

..... state of arunachal pradesh : air1996sc2121 wherein it has been held that an appointment to a post or office postulates a decision by the competent authority to appoint a particular person; incorporation of the said decision in an order of appointment; and communication of the order, of appointment to ..... such a contingency, for example, may arise in regard to the dismissal of an imsponsored workman which in view of the provision of law contained in section 2a of the act will be an industrial dispute even though it may otherwise be an individual dispute, therefore, will have hardly an occasion to deal with the type of cases falling under ..... stated above hasten to add that there will hardly be a dispute which will be an industrial dispute within the meaning of section 2(k) of the act and yet will be one arising out of a right or liability under the general or common law only and not under the act ..... (2) if the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the act, the jurisdiction of the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief, which is competent to b6 granted in ..... right, which is sought to be enforced, is a right created under the act such as chapter v-a then the remedy for its enforcement is either section 33c or the raising of an industrial dispute, as the case may be.24. ..... (100) flr-20 : 2004 (16) aic-692 and state of himachal pradesh and ors. v. .....

National Insurance Co. Ltd. Vs. Brij Pal Singh and anr.

Court : Allahabad

Reported in : I(2003)ACC629; 2003ACJ1274; 2003(1)AWC556

..... a person having obtained a driving licence in arunachal pradesh or dibrugarh in assam can drive a vehicle in kanya kumari or ..... writing, direct that the insurer, who may be liable in respect of such claim, shall be impleaded as a party to the proceedings and the insurer so impleaded shall thereupon have, without prejudice to the provisions contained in sub-section (2) of section 149, the right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. ..... 52-ga) stating that the owner of the truck has not been appearing in the court and has completely failed to contest the case on merits and, therefore, as provided under section 170 of the act, the appellant-insurance company may be allowed to contest the case on merit on all the grounds that are abailable to ..... in accordance with section 174 of the motor vehicles act or by any other mode permissible in law. ..... it is still more important to interpret the law in a manner which has the effect of ..... other cases where it is an offence to do an act without lawful authority, the person who sets up the lawful authority must prove it and the prosecution need not prove the absence of lawful authority. ..... as the law stands today, no liability of any kind, civil or criminal, is fastened on the owner of the vehicle which ..... the law regarding the grant of compensation to the victims of the road accidents has, over the years, developed in a manner so as to ensure payment of compensation to the .....

Saheb Ram Vs. Ram Newaz and ors.

Court : Allahabad

Reported in : AIR1952All882

..... contract cannot be revoked by either party to it, once, the offer has been made by one party and accepted by the other.the contract may become void if the court decides not to exercise its power to administer the oath for sufficient reasons in exercise of its discretion but unless the court does so, the contract remains binding and no party can be allowed to resile from it.it is also clear that if the ..... the conclusion to which i arrive upon a bare reading of the provisions of the oaths act, apart from any consideration of the general principles of law, is that, (a) where a party offers to be bound by the statement of any of the opposite parties under section 9, oaths act, he cannot resile from such an offer after the other party has agreed to make such oath, unless there be sufficient cause to the satisfaction of the court for allowing the offerer to resile, ..... section 11, oaths act merely makes applicable the general principle of estoppel and lays down that a party, who offers to be bound by the evidence given by the opposite party or a witness on special oath, shall not have the right to challenge the evidence so given and the evidence so given shall be conclusive proof of the matter stated.section 12 enjoins the court, in case of refusal by the opposite party or witness to make the special oath, to ..... date fixed for the hearing of the case, the defendant-appellant stated,'if and whatever balmakund plaintiff states on special oath of gangajali, i will remain bound by .....