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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Sorted by: recent Court: allahabad Page 1 of about 13 results (0.048 seconds)

Aug 24 2012 (HC)

Ajai Kumar Gupta Vs. Usha Sharma

Court : Allahabad

..... the rights of a transferee for joint possession and the dominant purpose of the second paragraph of section 44 of the act, there is danger of an injury or violation of the corresponding rights of the other members of the family and an irreparable harm to the plaintiff and the ..... ilr 30 all. 324. that was concerned with the meaning of the phrase "dwelling house belonging to an undivided family" in section 4 of the partnership act, 1832. that section provides that where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is ..... from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63, succession act. the onus of proving the will is on the profounder and in the absence of suspicious circumstances surrounding the execution of the ..... ) the relevant portion of the will has already been extracted above. even otherwise also, the execution of will as required under section 68 of the evidence act by calling at least one of the attesting witnesses has not been proved. photostat copy of the will would show that the ..... court's interference is necessary to protect the interest of the plaintiff. since the relief of an interim injunction is all the same an equitable relief the court shall also consider whether the comparative .....

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May 09 2008 (HC)

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

Court : Allahabad

Reported in : 2008(3)AWC2610

..... are not large in area. on the contrary, various small plots are acquired by separate notifications and accumulated to show largeness only to differentiate from the comparable lands. he has produced a chart to establish that in only appeal, i.e., first appeal no. 34 of 2007, ganeshi and ors. v. n.o.i.d.a. ..... , 1991 proposing to acquire land measuring area 790-16-9 bighas corresponding to 492.26 acres. publication in the local newspapers was done on 24th march, 1991. last corrigendum was issued on 4th april, 1991. declaration under section 6 read with section 17 of the act was made on 7th january, 1992 by publication in the gazette. ..... for sale of the year 1989 followed by the sale deed without any reference or recital with regard to such agreement for sale in respect of lands comparably smaller in size, which cannot be held to be the exemplar sale deed. secondly, in those cases deduction was not made by the court from the ..... the land is much large in nature in comparison to exemplar sale-deeds, which cannot be said to be established fact beyond doubt upon going through the chart having been part and parcel of the record.5. therefore, in totality we do not find any cogent reason in fixing the price of the lands ..... acquired land is 29.15 bigha approximately. there are different plots in the appeals where the acquired lands are even less than a bigha. however, from the said chart we find that the land area in first appeal no. 386 of 2001, nandu and ors. v. n.o.i.d.a., is 31 bigha kachcha .....

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Jan 30 2008 (HC)

Yogendra Rai Vs. Adhyaksha, Basti GramIn Bank and ors.

Court : Allahabad

Reported in : 2008(2)AWC1277

..... had been further sub-divided in four categories as under:(a) relating to business such as deposit targets 30 marks loan targets, loan disbursement and recovery follow-up loans. (b) correspondence, record keeping, administrative 10 marks control and assistance to senior officers (c) customers service, industrial relations etc. 10 marks (d) confidential report 10 marks 5. the petitioner as well ..... assessment of comparative merit of all eligible candidates, and selecting the best out of them.12. the said principle was approved, reiterated and followed by the hon'ble apex court in the ..... requirement of certain minimum merit or satisfying a benchmark previously fixed. subject to fulfilling this requirement the promotion is based on seniority. there is no requirement of assessment of comparative merit both in the case of seniority-cum-merit. merit-cum-suitability with due regard to seniority as prescribed in the case of promotion to all-india services necessarily involves ..... stood selected in the same selection. in fact the criteria for seniority-cum-merit, if applied, a minimum merit is to be assessed and if it is achieved, the comparative merit of candidates become irrelevant as the promotion has to be granted exclusively on the basis of seniority amongst the candidates who acquire the minimum benchmark fixed. 8. a seven .....

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Dec 19 2005 (HC)

Munni Lal Vs. Smt. Vimla Devi

Court : Allahabad

Reported in : 2006(1)AWC513

..... and the landlord wants to settle her son in the business of wholesale medicines for which the accommodation in question is suitable and that the landlord has also entered into correspondence for wholesale dealership. the landlord has sufficient financial resources to settle her son, who is unemployed, in the wholesale medicines business. the landlord further asserted that the accommodation ..... the release of the accommodation in question in favour of the landlord-respondent.4. aggrieved thereby, the petitioner-tenant preferred an appeal under section 22 of 'the act' before the appellate authority. the appellate authority affirmed the findings arrived at by the prescribed authority on the question of bona fide requirement and also on the ..... appearing on behalf of the parties, the prescribed authority has arrived at the conclusion that the need of the landlord is bona fide and that the tilt of the comparative hardship is also in favour of the landlord. the prescribed authority therefore by the order dated 15th january, 2002, allowed the application filed by the landlord and directed ..... question of comparative hardship. thus, the appellate authority vide order dated 9th november, 2004, dismissed the appeal filed by the petitioner-tenant.5. the petitioner-tenant aggrieved by the .....

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May 27 2005 (HC)

Raminder Son of Sri Servinder Singh Cheema and ors. Vs. the Vice-chanc ...

Court : Allahabad

Reported in : 2005(3)ESC1878

..... has been stated by the assistant registrar that he had prepared aforesaid marks sheets and had issued the same after comparing them from the chart of marks which was there in the university,26. in the facts and circumstances of the case, i am ..... for getting the examination held. the same cannot be believed. the other material which was there on record such as the correspondence which had taken place between prof. p.n. ram and the college and the invigilators etc. which were produced by the ..... harit. there are copies of ample documents on record filed by the parties to come to the conclusion that there was correspondence regarding holding of second comprehensive test which was held on 26th and 28th december, 1998. merely because sri navneet kant, ..... applied for affiliation to the m.j.p. rohilkhand university vide application dated 6.9.1996 under section 37 read with section 49 of the u.p. state university act, 1973.3. ultimately the chancellor/governor, u.p. vide order dated 26.7.1997 granted ..... no.----------------------------------------------------------------------- (i) dispatch of answer sheet of second 341 1 comprehensive test conducted on26.12.1998 -----------------------------------------------------------------------(ii) copy of tabular chart of the second 331 to 336 2comprehensive test dated 28.12.1998-----------------------------------------------------------------------(iii) question paper of comprehensive test 337 and 338 2second .....

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Mar 11 2004 (HC)

Akbar Ali and ors. Vs. District Judge and ors.

Court : Allahabad

Reported in : 2004(3)AWC2543

..... in the action if the uncertainty were resolved in his favour at the trial. the need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from excersing his own legal rights for which he could ..... it means only that injuries cannot be compensated in terms of money. in ascertaining the balance of convenience, the courts are to weigh and compare the substantial mischief that is likely to be done to the plaintiff. if injunction is refused, it is held that while courts are considering balance ..... rules 1 and 2, code of civil procedure which the court considers irreparable before his legal right can be established on trial. lastly the comparative inconvenience which is likely to ensue from withholding temporary injunction would be greater than that which is likely to arise from granting it. prima facie ..... its alleged violation are both contested and uncertain and remain uncertain till they are established at the trial on evidence. the court at this stage acts on certain well-settled principles of administration of this form of interlocutory remedy which is both temporary and discretionary. the object of the interlocutory injunction, ..... ingredients are to be proved on affidavits as envisaged under order xxxix, rule 1, code of civil procedure. the power given to courts to act on affidavits it is not subject to the provisions of order xix, rules 1 and 2, code of civil procedure.'9. it has been .....

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Dec 19 2003 (HC)

Lalit Kumar Dixit and anr. Vs. State of U.P. Through Secretary, Depart ...

Court : Allahabad

Reported in : (2004)1UPLBEC754

..... posts. relying upon the principle laid down by the supreme court in the aforestated cases, it was held that it is not for the court to assess the comparative merits of b.t.c. (correspondence) trained teachers and parity cannot be claimed with unemployed b.t.c. candidates., trained candidates training them as equal would tantamount to treating unequals as equal. it ..... ') came into existence, by which the central government directed that all the training courses should have been recognised by the national council of training and education and correspondence course were not acknowledged by above 'act 1993', correspondence course can only be, done if the candidate was having two years experience of an assistant teacher. the state government issued a government order no. 2657 ..... at 1745 (all)].19. the qualification prescribed under 'rule 8' of the u.p. basic education (teachers) service rules, 1981 is not repugnant to any provision of the said ncte act. therefore, in the present facts article 254 of the constitution of india is not violated by prescription of qualification either by the said 'rules' or by virtue of power granted ..... in b.ed. berozgar sangh, sonebhadra v. state of u.p., (1997) 3 uplbec 1774 : 1997 (2) alr 737.17. the principle of estoppel is applicable only when a person acts upon a representation made by another person. the mere fact that earlier the state government recognised the certificates relating to basic education courses completed by the candidates from outside the .....

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Aug 25 2003 (HC)

Devesh Kumar Sharma Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2003)3UPLBEC2794

..... the apex court that it was not for the court to consider the relevance of qualifications prescribed for various posts and asses the comparative merits of b.t.c. (correspondence) trained teachers with other having different qualification.17. from the aforesaid judgments following principle emerged :(a) equivalence is matter of objective ..... . the state government has framed 'the uttar pradesh basic education (teachers) services rules, 1981 in exercise of power under section 19 (1) of the u.p. basic education act, 1972 (up. act no. 24 of 1972). these rules are applicable to basic schools, juniors basic schools and nursery schools run by the ..... rule 8 laying down essential qualification is as under :'rule 8. (2) the essential qualification of candidates for appointment to a post referred to in sub-sections (iii) and (iv) of clauses (h) of rule 5 for the teaching science, mathematics, craft or any language other than hindi and urdu shall ..... rule 8 of u.p. basic education (teachers) service rules, 1981 is not repugnant to any provision of the said n.c.t.e. act and is not hit by article 254 of the constitution of india and does n6t suffer from any illegality.(i) b.t.c. is a certificate ..... qualification prescribed under rule 18 of the u.p. basic education (teachers) service rules 1981 is not repugnant to any prevision of the said ncte act. therefore, in the present facts article 254 of the constitution of india is not violated by proscription of qualification either by the said rules or .....

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May 20 2003 (HC)

Bench Secretaries, Brotherhood High Court and Ors. Vs. State of U.P. a ...

Court : Allahabad

Reported in : (2003)3UPLBEC2138

..... point out any distinguishing feature so far as party part is concerned in respect of bench secretaries grade i and bench secretaries grade ii vis-a-vis comparable and corresponding post of court masters in delhi high court.73. in view of the above, there is no justification to interfere with the report of three judges ..... of recruitment to the various class ii posts in the establishment shall be as follows :(a).....................................................................................................(b) bench secretaries, grade i. by transfer of one of the section officers of general office or bench secretary, grade i.(c), (d),(e)..........................................................................................18. method of selection for all promotion posts.-(ii) criterion of selection for each case ..... the case of sri ramji yadav (supra) attained finality and thus binding between the parties to the aforesaid writ petition.24. the petitioners have annexed a chart, showing comparative status/position of court masters of delhi high court and bench secretaries of allahabad high court as anncxurc-17 to the writ petition.25. we may also ..... provisions of the constitution has been violated by him. certainly, the government cannot interfere with the determination made by hon'ble the chief justice. the seemingly innocuous act of the state government i.e. executive, in not according approval, which for the reasons stated above, was not necessary to be sought, as held in private .....

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Oct 23 2002 (HC)

i.T.C. Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2003(1)AWC91; (2003)ILLJ442All

..... across the bar by the learned counsel for the petitioner is tenable in law. the state government was fully competent to adopt the existing corresponding pay scales already prevailing in the government department and existing and already in existence from their respective dates mentioned in the notification. the adoption for ..... the state government. in the conspectus of what has been discussed above, it follows that by the impugned notification welfare officers have been granted corresponding existing scales what were admissible and were being disbursed to the state government employees and by this reckoning, it cannot be disputed that whatever the ..... to the contents of para nos. 24 and 25 of the writ petition, it is stated that the assertions are totally vague as no comparative data of wage structure of the officers of the petitioner units have been furnished so that the hon'ble court may be able to examine ..... of rule 3 (1) and sent to the government for the pay scales, qualification and other conditions of service vide letter dated 21st september, 1983 and since this matter was pending consideration in the meantime the second pay commission report was enforced from the year 1979. pay scales were further ..... (2) read with sections 50 and 112 of factories act, the state of u. p. has power to fix pay scale and salary of welfare officers working in the factory? (2) whether the welfare officers are entitled to get salary payable to state employees in corresponding pay scale? (3) whether state .....

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