Court : Allahabad
Reported in : 2004(3)AWC2649
..... forests, tanks, ponds, hillock, mountain, etc. are nature's bounty. they maintain delicate ecological balance. they need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under article 21 of the constitution. the government, including the revenue authorities, i ..... (4f) and section 132 of u. p. z. a. and l. r. act are also reproduced as below :'122b (4f). notwithstanding anything in the foreging subsections, where any agricultural labourer belonging to a scheduled caste or scheduled tribe is in occupation ..... sub-section (1) and not tanks, ponds, private ferries, water channels, pathways referred to in clause (vi) of sub-section (1) of section 117 of the act. it appears to me that due to inappropriate drafting the expression 'and abadi sites' is wrongly placed in clause (vi).8. for convenience the provisions of section 122b .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2378
..... posts for such reservation is a pre-condition for providing the reservation. section 32 of the persons with disabilities (equal opportunity, protection of rights and full participation) act, 1995 (in short, act no. 1 of 1996) also provides for the identification of the establishment and thereafter the posts for giving effect to the reservation ..... persons. the welfare of the disabled persons has been recognised, and accepted. the welfare of the disabled, to bring him in the main stream of the active social life, is a constitutional goal to be achieved by the state,48. in superintending engineer public health u.t. chandigarh and ors. v. kuldeep singh and ors., ..... the physically disabled handicapped persons are no less citizens of the country. they are entitled to equality of opportunity, and deserve protection of their rights and full participation in all walks of life, the state cannot ignore the rights of such disabled persons and fail to perform statutory duty of identifying the posts for .....
Tag this Judgment!Court : Allahabad
Reported in : [2007]289ITR224(All)
..... are struggling hard to face the challenges ahead of them and to develop themselves to achieve the goal of quality of life through education are not in a position to protect themselves from such powerful and influential elements who have partially grabbed the system by getting opportunity on a platter in the guise ..... defined separately and therefore since the very beginning the examination centre and the institutions as well as superintendent of the centre as defined under the act were treated differently while institution is headed by the principal or headmaster. the examination centre is under the control of superintendent of the examination and ..... intermediate examination as a result of recognition given to these institutions in exercise of its emergency power under section 9 (4) of the intermediate education act for. this court further directed the standing counsel to make available the percentage of students who passed the high school/intermediate examination immediately before coming .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All309
..... on mere whim or fancy or caprice of the person giving concession without following any reasonable guidelines. however, when one examines the provisions of the electricity act and views the concession given against the background of the provisions one finds that this is not the case. thus, one of the general duties with ..... ordinated that the supply and distribution of electricity within the state is carried out in the most efficient and economical manner. none of the provisions of the act whether specifically or even by reasonable implication prohibits the supply of electricity at rates lower than the cost of production thereof. we, therefore, have no ..... before examining the arguments advanced it would be appropriate at this stage to refer to and where necessary to quote the relevant provisions of the electricity (supply) act, 1948, with reference to which these arguments will have to be considered. section 5 provides for the constitution and composition of state electricity boards, section 18 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All484
..... reduction of salaries, selection for posts and termination of services. in other words, he contended that the principle of equalopportunity laid down by the constitution protects the government servant throughout his service. if government violates the principles laid down in articles 10 and 14, either in making the initial appointment or subsequently ..... demands, when solving problems like the present, compromises and skilful adjustments which may not be strictly logical but which will make the constitution workable. social life which creates problems of constitutional law. is infinitely richer and more complex than abstract and empty logic. 'a page of history is worth a volume ..... matters as promotions, selection for higher posts, termination of service and particularly, re-trenchment. but the provisos completely ignore every stage after the initial act of employment or appointment. the inference must be that the stage after the initial appointment stage was not in the mind of the makers of .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(1)AWC663
..... matter which has now surfaced with such magnitude, it would be the fittest step that it be referred to the national human rights commission under the protection of human rights act, 1993. the court has accepted the contention made unanimously at the bar.2. the origin of these proceedings rest on a media report highlighted in ..... it has taken place is a matter which concerns human rights. for any person who has been kicked out and off his agricultural land, the matter affects life and liberty, both. deprivation of the source of livelihood is now well recognised as violation of article 21 of the constitution of india. the liberty to hold ..... livelihood, stands curtailed and the affected persons are unable to live off their deprived agricultural land. livelihood affects life, consequentially, this affects the dignity of the individual that in poverty he cannot defend his liberty and life. lastly, equal protection of the laws, the court regrets to record and it is accepted at the bar, is not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1918All160; 47Ind.Cas.659
..... but they are so completely involved in the confession itself as, to my mind, to constitute the confession a piece of testimony which no reasonable man would act upon in the ordinary affairs of life in a business of his own. the judge has, i think, unfortunately treated this retracted confession, and the explanation given for its original utterance, as ..... that the explanation subsequently offered by the accused of these injuries is the true one, namely, that he was trying desperately to see whether there was not some life left in the apparently inanimate body. it is at least possible that he suspected the girl was shamming death and intended to put that to the test.7. ..... disposition and hysterical temperament. i think it highly probable that she had on previous occasions, either actually made, or professed to make, some attempt to take her own life. further than this i do not desire to press the defence evidence, nor do i think it necessary to do so. now as regards the medical evidence, i .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC919
..... like forests, tanks, ponds, hillock, mountain, etc. are nature's bounty. they maintain delicate ecological balance. they need to be protected for a proper and healthy environment which enable people to enjoy a quality life which is essence of the guaranteed right under article 21 of the constitution. the government, including revenue authorities, i.e., respondents 11 ..... this court which have held that no person can mature his right through adverse possession over gaon sabha land as under u.p.z.a. & l.r. act and the rules there is no limitation prescribed for filing suit by gaon sabha for ejectment of trespasser. in view of this if a person is in unauthorized occupation ..... .3.2004 and 10.12.2004. first order has been passed by deputy collector, handia, district allahabad in case no. 107 under section 33/39 land revenue act durvijay singh v. shardadeen.2. the said case was initiated on the application of village pradhan to the effect that certain gaon sabha plots were wrongly entered in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All268
..... services was altered and the basic foundation of the contractual-cum-statutory tenure of the service disappeared. it follows that the contracts as well as statutory protection attached thereto came to an automatic and legal termination.'the indian administrative service, as observed in the majority judgment delivered by wanchoo, j. (as his ..... the bench must be maintained. and we should remember that, if this standard of intellectual excellence is not maintained, that law-abiding instinct, which is the life-blood of civilisation, will be imperilled'. (ibid, pp. 32-33).5. the law commission of india, commenting upon the devaluation of the privileges of the ..... obtaining even after the commencement of the constitution may be gathered from statement of objects and reasons appended to the bill which resulted in all-india services act, 1951. it was to remove those conditions which were described as ' 'neither satisfactory nor quite justifiable' and 'to fill a constitutional lacuna without proceeding .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All291
..... the state. even remotely this cannot be comprehended within the ambit of article 21 of the constitution which postulates the fundamental right of protection of life and personal liberty. it deals with deprivation of life, and, as held in gopalan v. state of madras : 1950crilj1383 , article 21 is attracted only in cases of deprivation in ..... the fact that (1) in the prevailing conditions in india law and order is fast deteriorating, and the authorities are not giving adequate protection to the citizens (2) the arms act, 1959 was specifically made to liberalize the 'policy of grant of arms licences in view of the fact that india was a free ..... aids are not ruled out. this is now a well settled principle of modern statutory construction, thus 'enacting history' is relevant. the enacting history of an act is the surrounding corpus of public knowledge relative to its introduction into parliament as a bill, and subsequent progress through, and ultimate passing by, parliament..... committee reports .....
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