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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: allahabad Year: 2000 Page 1 of about 192 results (0.040 seconds)

Dec 19 2000 (HC)

Ran Vijay Singh Chauhan Vs. Joint Director of Education, Jhansi and Ot ...

Court : Allahabad

Decided on : Dec-19-2000

Reported in : 2001(1)AWC744; (2001)1UPLBEC407

..... question be considered by a larger bench. judicial decorum, propriety and discipline required that he should not ignore it. our system of administration of justice aims at certainty in the law and that can be achieved only if judges do not ignore decisions by courts of coordinate authority or of superior authority. gajendragadkar. c.j. observed in bhagwan v. ram ..... was unaware of the judgment of the earlier bench but knowingly it proceeded to disagree with the said judgment against all known rules of precedents. precedents which enunciate rules of law form the foundation of administration of justice under our system. this is a fundamental principle which every presiding officer of a judicial forum ought to know, forconsistency in interpretation ..... services are terminated earlier on the grounds connected with misconduct, unsuitability or bona fide abolition of post.'16. the full bench in smt.pramila mishra (supra) while declaring the law on the nature of short-term appointments after conversion of vacancy into substantive, specifically overruled this decision and held in paragraph 24 as below :'.....that the decisionsof this court like ..... into a substantive vacancy whether short-term appointment would continue or it would come to an end. the full bench in smt. pramila mishra (supra) has considered thisquestion. the law laid down by the full bench is extracted as under :'summing up our conclusions in the light of the discussions in the foregoing paragraphs, we hold that a teacher appointed .....

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Sep 28 2000 (HC)

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Decided on : Sep-28-2000

Reported in : 2000(4)AWC3270

..... to christianity, validity and the factum of adoption pleaded by the appellant could not be proved in its true technical legal sense known to the hindu law. in other words, albeit, adoption in the family of the appellant was legallypermissible but as a matter of fact, the adoption pleaded by ..... evident that adoption in the family of the appellant, had been prevalent. i am disposed to the view that custom of adoption known to the hindu law by which the family was governed before its conversion to christianity, continued to be followed even after conversion. as a matter of fact, antiquity ..... . the vanniva tamil christians of chittur taluk, it was held would continue to be governed as a matter of custom by mitakshara school of hindu law. this decision, in my opinion, supports the view that rights inherent in man by birth are not lost on his conversion to another religion ..... in anthonyswamy (supra), it was the admitted case that vanniya tamil christians of chittur taluk, kerala, are governed by the mitakshara school of hindu law in regard to inheritance and succession and the son of a member of such community gets by birth interest in ancestral property owned by the father ..... to learned counsel. succession in the family of e.e. datt would be governed by the custom prevailing in the family, namely, the principles of hindu law on adoption whereunder, an adopted son inherits the property of his adoptive father. in support of his submission, learned counsel has placed reliance on anthonyswamy .....

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Jul 26 2000 (HC)

Smt. Shashi Saxena Vs. Deputy Director of Education and Others

Court : Allahabad

Decided on : Jul-26-2000

Reported in : 2000(4)AWC2685

..... vacancy with effect from 30th june, 1996, to pay arrears of salary and to continue to pay in future such salary/ emoluments, etc. as may become due in accordance with law until she is finally regularised and/or a duly selected candidate by the u. p. secondary education selection board joins the post, as the case may be.iii. special appeal .....

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Nov 09 2000 (HC)

Smt. Anamika Vs. State of U.P. and Others

Court : Allahabad

Decided on : Nov-09-2000

Reported in : 2001(1)AWC51; (2001)1UPLBEC114

..... was available in the college for being promoted in as much recourse to direct recruitment on ad hoc basis is permissible only if no qualified teacher is available for promotion. law in this regard is well settled in view of the full bench decision in radha raizada (supra), and the earlier division bench decision of this court in charu chandra tiwari ..... held by the regional deputy director of education, then appointment of the petitioner would be void in view of section 16 (2) of the act being in contravention of the law laid down by the full bench of this court in radha raizada's case, (1994) 3 uplbec 1551. the procedure for ad hoc appointment against the substantive vacancy was admittedly ..... with a direction to the regional deputy director of education, ivth region. allahabad to look into the grievances of the petitioner therein and dispose of her representation in accordance with law. consequent upon the said order, the regional deputy director of education, ivth region, allahabad after affording opportunity of hearing to the parties passed the impugned order dated 17.6.1996 .....

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Mar 16 2000 (HC)

Ratan Bala Yadav (Smt.) Vs. Committee of Management, P.N. Girls Inter ...

Court : Allahabad

Decided on : Mar-16-2000

Reported in : (2000)2UPLBEC1315

..... strictly in accordance with the directions in the aforesaid order. therefore, it was obligatory upon the dios to have examined her appointment in the light of the law laid down in km. radha raizada (supra). the order of the dios is completely silent in this regard. in fact he did not at all ..... the parties. therefore, it was absolutely necessary for the dios to have examined the validity of the appointment of the petitioner in the light of the law laid down in the case of kumari radha raizada (supra), which he did not do. sri khare has also urged that subsequently it has been held ..... with due approval by the appropriate authority in respect of any period which entitled the petitioner to the benefit of confirmation by virtue of the provisions of law applicable and respondent no. 2 will decide the matter within a period of two months from the date of production of a certified copy of this ..... regularisation. in the case in hand, it is admitted that the appellant has not been working in the institution after 31.3.86. generally a law relating to regularisation of services is enacted for the benefit of those who have been appointed de hors the rules or on short term basis but have ..... act and removal of difficulty order, 1982. it is noteworthy that in committee of management, arya kanya pathshala, kanpur v. sri kumar tiwari, 1997 allahabad law report 208 (sc), the apex court while considering the same provision namely section 33-b of the act held that a teacher continuing on the basis of a .....

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May 25 2000 (HC)

District Inspector of Schools, Kanpur Nagar and Another Vs. Diwakar La ...

Court : Allahabad

Decided on : May-25-2000

Reported in : 2000(3)AWC2182; (2000)3UPLBEC2494

..... order dated 9th march, 1994, was passed ; relevant extract is reproduced below :'.....meanwhile respondentsare directed to pay salary to the petitioner with effect from 2.7.1993. in accordance with law or show cause.....'parties exchanged counter and rejoinder-affidavits.5. this writ petition has been finally disposed of by the learned single judge vide judgment and order dated 16th april ..... (supra) and held that the appointments in question on ad hoc vacancies could not be faulted if advertisement was not made in two newspapers since the then existing requirement of law to notify the vacancy on the notice board was duly fulfilled.9. the judgment of the learned single judge cannot be faulted on any ground and the learned counsel for ..... disclosed by the district inspector of schools in the impugned order, the learned single judge observed that the objection raised by the district inspector of schools was not sustatnable in law. it is held that under removal of difficulties orders, 1981, and second removal of difficulties order power was conferred on management of a recognised college under ..... law with the object that educational institutions do not suffer irreparably by resorting to the procedure prescribed for regular selection, teaching in the college will be completely paralyzed. in the result, .....

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May 05 2000 (HC)

Public Services Tribunal Bar Association Vs. State of U.P. and ors.

Court : Allahabad

Decided on : May-05-2000

Reported in : (2000)3UPLBEC2553

..... the legislation which ultimately may render the judicial decision ineffective. it cannot be disputed that the legislature can always render a judicial decision ineffective by enacting a valid law on the topic within its legislative field fundamentally altering or changing its character retrospectively. what is really prohibited is that the legislature cannot in exercise of its plenary ..... by mere declaration, without anything more, cannot directly over-rule, revise or over-ride a judicial decision nor it can render judicial decision ineffective by enacting valid law on the topic within its legislative field fundamentally altering or changing its character retrospectively. it was also contended that the changed or the altered conditions should be that the ..... adjudicate upon these matters should have legal expertise, judicial experience and modicum of legal training and knowledge and expertise in that particular branch of constitutional, administrative and tax laws. there should be total insulation of the judiciary from all forms of interference from the co-ordinate branches of government is a basic essential feature of the constitution. ..... applicability of articles 14, 15, 16 and 311 required the determination not only by the judicial approach but also knowledge and expertise in this particular branch of constitutional law. the government officers who have held the posts of secretary to the government have no legal or judicial experience, would fail to inspire confidence in the public .....

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Jan 17 2000 (HC)

Gopal Singh Vs. Executive Engineer (C.D.), Lok N. Vibhag and anr.

Court : Allahabad

Decided on : Jan-17-2000

Reported in : [2000(84)FLR912]; (2000)1UPLBEC661

..... or entry not being correctly recorded in service record. the concerned authority shall decide the said representation within three months by giving opportunity to the petitioner in accordance with law and shall a reasoned order which shall be communicated within two weeks of its being passed by registered post acknowledgment due apart from any other mode to the petitioner.23 ..... 56 fed under provison.20. consequently, it will be appropriate that petitioner be directed to file a representation before the concerned authority for deciding the question in accordance with law, to determine the question as to when petitioner was recruited and thereafter the applicability of rule 56 as a whole at relevant time.21. learned counsels for the parties ..... in hand apparently will require perusal of original record and relevant materials, parties may like to adduce evidence before the question--which involves both mixed questions of fact and law, have to be adjudicated in the back ground of the circumstances in which the authority passed impugned order and whether the case of the petitioner is governed by amended ..... encyclopaedia edition particular--page 834 recruit--'to enlist men for (an army) --newly enlisted member of the armed force.--a member or supporter of a society, cause, etc.' mukherjees the law lexicon--(vol. ii) second edition, 1977--page 406recruitment --the dictionary meaning of the word 'recruit'.--fresh supply of number of persons either as additional or to make up for deceased .....

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Feb 24 2000 (HC)

Smt. Shashi Sharma Vs. State of U. P. and Another

Court : Allahabad

Decided on : Feb-24-2000

Reported in : 2000(3)AWC2202; (2000)3UPLBEC2630

..... her appointment was notified. thus, it became effective and final appointment and there accrued a right in her favour which appointment could be cancelled only in accordance with law. the cancellation of appointment entails civil consequences as it affects her civil right to work as member of district forum on the basis of her appointment. the cancellation ..... recommendation of the selection committee, cannot be prevented from functioning as member by simply cancelling her appointment unless the same is cancelled by the state government in accordance with law. a member of district forum may resign in writing as contemplated in proviso-2 to sub-section (2) of section 10 of consumer protection act. 1986 or ..... of a selection committee consisting of the following, namely : (i) the president of the state commission ... chairman(ii) secretary. law department of the state ... member(iii) secretary in charge of the department dealing with consumer affairs in the state ... member (2) every member of the district forum shall hold ..... shall be its president ; (b) two other members, whoshall be persons ofability, integrity andstanding, and haveadequate knowledge orexperience of, or haveshown capacity in dealingwith, problems relating toeconomics, law,commerce, accountancy,industry, public affairs oradministration, one ofwhom shall be a woman. (1a) every appointment under sub-section (1) shall be made by the state government on the recommendation .....

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Aug 29 2000 (HC)

Ashok Pandey, Advocate Vs. Union of India and Others

Court : Allahabad

Decided on : Aug-29-2000

Reported in : 2000(4)AWC3087

..... caution. generally, only the person who has suffered injuries by reason of legal right or interest, is entitled to seek the judicial redress, but the law regarding locus standi of the person who approach the court, has, in the recent past, been liberalized by enlarging the concept of a 'person aggrieved' ..... ) (both inclusive) of rule 2, subject to the allocation of work by the advocate general except the power to supervise and control the work of the law officers attached to the high court referred to in item (xi) of that rules ; (2) the functions conferred on the advocate general by or under ..... , be referred or assigned to him by the governor : (xix) to discharge the functions conferred on him by or under the constitution or any other law for the time being in force :' clause 3 is as follows :'3. duties and functions of the additional advocate general.--(1) the additional advocate general ..... by development of healthy conventions, or by the delineation by rules and instructions. in the case on hand, we have government notification no. 368/b1/76/law dated august 20, 1976, which makes certain amendments to the notification dated 1.11.1956 relating to the rules regarding the duties, remuneration etc. of ..... by attorney general of india to him, be quashed. thereafter, the petitioner also addressed the letters to the advocate general of the state and the law minister of the state in that regard.6. when the petitioner was confronted with the full bench decision of the kerala high court in m. k .....

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