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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 2000 Page 96 of about 2,509 results (0.080 seconds)

Oct 31 2000 (HC)

Dr. Poonam Khare Vs. State of U. P. and Others

Court : Allahabad

Decided on : Oct-31-2000

Reported in : 2001(1)AWC299; (2001)1UPLBEC230

..... posts both in the concerned discipline as also in the cadre/grade of lecturers. it being not a case of 'single post cadre', the law of reservation and roster has rightly been applied by the respondents. advertisement in question does not suffer from any infirmity and warrants no interference by ..... in a single cadre post reservation for the backward class........can be made directly or byapplying rotation of roster point.' thesaid decision reiterates the law laid down in dr. chakradhar paswan's case and is an authority on the principle that reservation will not apply in respect of a ..... case, advertisement very clearly states the number of posts reserved for scheduled caste 'subjectwise'. the advertisement, in our opinion, is well in accordance with law laid down by the supreme court in dr. suresh chandra verma's case. the argument advanced by sri ashok khare, senior advocate that computation of ..... a candidate belonging to the scheduled caste had therefore to compete with others.'5. as regards the minimum number of posts required for invoking the law of reservation, it is provided in the government order aforestated that reservation 'would apply in recruitments in respect of five or more posts in ..... 'service'. the legal position stated in the government order that reservation would not apply to a single post cadre is quite in conformity with the law declared by the supreme court in dr. chakradhar paswan v. state of bihar. air 1988 sc 959. in that case, bihar public service commission .....

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Apr 28 2000 (HC)

State of U.P. and Another Vs. Irfan Ahmad Siddiqui

Court : Allahabad

Decided on : Apr-28-2000

Reported in : 2000(3)AWC2045; (2000)2UPLBEC1545

..... bonus judex secundum, acquumet bonwn judicat at ecquitation stricto juri praefet-a good judge decides according to justice and equity in preference to strict law.37. petitioner cannot be given reinstatement /back wages as a gift in lieu of his own misconduct was also termed by the learned ..... out of his own volition. for the relief of reinstatement in job, it was not enough for the petitioner to demonstrate technical infraction of law in his favour but he ought to have further proved his 'bona fide' to discharge duties at the relevant time. this relevant aspect ..... house locked up' and shop closed, 'respectively in that view, it must be deemed that the notices have been served on the respondents.'27. law ever intends that which is reasonable, 'lex semper intenoit quod convenit rationt.'28. conclusion drawn by the learned single judge to the effect that 'notice ..... ofthe present case wherein employeedeliberately avoided, out of his sheerviolation, to avail the opportunity tojoin the post and wants to takeshelter behind technicalinterpretation of law. case ofdeokinandan prasad (supra)considered the case of jai shanker(supra). facts of each of these casesare distinguishable. court in thiscase observed 'a ..... onward till date was held payable to the petitioner to be decided in the light of the provisions of financial hand book according to law. in the impugned judgment and order dated 5th november, 1997 learned single judge gave declaration to the effect that the petitioner continues in his .....

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May 09 2000 (HC)

Indian Oil Corporation Ltd. and Another Vs. Rama Ram Sonkar and Others

Court : Allahabad

Decided on : May-09-2000

Reported in : 2000(3)AWC2167

..... is necessary and that the court's orders are superior and are to be carried out.the courts are creatures of statutes, it cannot violate the law, in fact by reason of the said order, the court had thrown all judicial norms to the winds. this order is one of the greatest ..... it has to act within its jurisdiction. civil court cannot gobeyond the jurisdiction conferred on it or the scope and limit that has been prescribed by law. it cannot permit illegality. even then judicial activism also does not empower the court to permit illegality to be perpetuated.45. but then in the present ..... vis-a-vis ioc could be passed. even though receiver might have been appointed, but he has to carry on the business according to the prevalent law. the court has no jurisdiction to compel the ioc to supply lpg cylinder even though its dues are not paid or even though the conditions of ..... and had exceeded its jurisdiction and indulged in proceeding in an unprecedented manner bringing in judicial anarchy, procedural disaster in blatant disregard of the accepted principle of law, assuming jurisdiction though it ought not to have assumed, exceeding its jurisdiction, in such cases. it is the duty of the high court to see ..... to this application. mr. varma in his usual fairness had conceded that the objection that will be raised in the counter-affidavit would be questions of law. the facts being admitted as to the question of conversion it is not necessary to controvert the fact but he wanted to put his objection on .....

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Jul 06 2000 (HC)

Shri Hathiya Ram Math and Another Vs. Bhawani Nandan Yati

Court : Allahabad

Decided on : Jul-06-2000

Reported in : 2000(3)AWC2577

..... were looked into and considered and a decision was given. this court is not supposed to enter into such question whether such decision is correct or erroneous in law on fact or otherwise. therefore, in my view, the review cannot be sustained.7. mr. singh had relied on the decision in the case of smt ..... m/s. tfiungabhddra industries limited v. government of andhra pradesh, air 1964 sc 1372. in the said decision. it was held that if the proposition of law is so clear and unambiguous and sound about which there cannot be any two opinions, the same may also form a ground for review. but as discussed ..... of the present case is concerned, is not an absolute legal proposition about which there cannot be any two opinions so as to form a point of law to be construed to be a ground for review. therefore, i am unable to agree with the proposition that has been sought to be advanced by ..... and circumstances on two-fold reasons, first that the legal proposition that has been sought to be urged by mr. naithani is not a sound proposition of law so absolute that it cannot harbour any two opinions. therefore, the same cannot form a ground for review. he secondly contends that even then the facts ..... also not taken into consideration and was overlooked thoroughly in the order dated 17th december, 1999. in support of his contentions, that even a proposition of law can be a ground for review if such proposition is an absolute proposition about which there cannot be any two opinions, he had relied on a decision .....

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May 24 2000 (HC)

Kailash Nath Goel Vs. Union of India and Others

Court : Allahabad

Decided on : May-24-2000

Reported in : 2000(4)AWC3001; 2001CriLJ333

..... any commodity, which is essential commodity, as defined by the essential commodities act or with respect to which provision has been made in any such other law, as referred to in clause (a) which means various other acts dealing with such activities, apart from essential commodities act. this leaves no room for ..... provisions of that act or other law aforesaid'. the last two lines of the explanation are of great importance and magnitude in interpreting the two explanations. so far as an order of detention ..... as defined in the essential commodities act, 1955 (10 of 1955), or (ii) with respect to which provisions has been made in any such other law as is referred to in clause (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the ..... ' means (a) committing or instigating any person to commit any offence punishable under the essential commodities act, 1955 (10 of 1955), or under any other law for the time being in force relating to the control of the production, supply or distribution of, or trade and commerce in any commodity essential to the community ..... be with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that act or other law, which in the present case, may be drugs and cosmetics act, 1940 and the essential commodities act, 1955. allegation against petitioner is that he .....

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May 25 2000 (HC)

V.S. Krishnan and anr. Vs. State of U.P. and anr.

Court : Allahabad

Decided on : May-25-2000

Reported in : 2000CriLJ4498

..... the only guarantee of the personal liberty for a person is that he shall not be deprived of it except in accordance with the procedure established by law.'38. the principle of law well-settled is that an ostensibly unfettered grant of discretionary power does not necessarily stultify judicial review particularly in view of ever expanding horizon of fundamental rights ..... from anti-social activities can never furnish an adequate reason for invading the personal liberty of a citizen, except in accordance with the procedure established by the constitution and the laws. the history of personal liberty is largely the history of insistence on observance of procedure. observance of procedure has been the bastion against wanton assaults on personal liberty over ..... court in our considered opinion will be well within its jurisdiction to issue necessary writ/directions to the investigating officer to proceed with the investigation expeditiously and in accordance with law and complete the same within a reasonable time. reference in this context may be made to the case of state of west bengal v. sampat lal : 1985crilj516 , where ..... the adjudicatory authority may go wrong. therefore, the legislature in its wisdom has given unfettered power to the police to investigate into a cognizable offence within the parameters of law. primary duty of a police officer holding investigation is to unearth the crime and bring the person involved in the offence to book. besides in heinous cases where public .....

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Jul 25 2000 (HC)

Committee of Management, GangadIn Ram Kumar Inter College and anr. Vs. ...

Court : Allahabad

Decided on : Jul-25-2000

Reported in : (2000)3UPLBEC2348

..... of schools, jaunpur in addition to the present of authorised controller. if need be, then the district inspector of schools can also seek help of the district administration for maintaining law and order situation. the authorised controller- shall hold election in the college building. the authorised controller shall declare election result the same day after counting the votes and the result ..... been held in 1996 has also not been challenged in this writ petition.8. unless there are pleadings to support a contention, it cannot be advanced in a court of law. the courts are creatures of statutes. it has to confine to the pleadings. unless the materials on which, mr. shukla is relying are available in the pleadings of the petitioner ..... and hold otherwise. in order to obtain certain relief, certain foundations are necessary. such foundations are founded on the pleadings. thus, the law is to be applied on the facts as are pleaded. law cannot be applied on air. in order to apply the law, there must be certain facts, which are to be found in the pleadings. in absence of certain facts ..... , law cannot be applied without any foundation or basis. thus, i do not find any reason to interfere with the orders impugned, which are contained in annexures 20, 21, 22 and .....

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May 05 2000 (HC)

Prem NaraIn Dubey Vs. State of U.P. and ors.

Court : Allahabad

Decided on : May-05-2000

Reported in : (2000)3UPLBEC2470

..... the commission that the post of principal would not be filled up without considering the case of mr. vidya sagar shukla and other senior-most teacher as required under the law. subsequently, another writ petition was filed being writ petition no. 27676 of 1996 by the said sri vidya sagar shukla which was disposed of by order dated 4th september, 1996 .....

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Sep 07 2000 (HC)

Ram Naresh Tripathi Vs. District Inspector of Schools and anr.

Court : Allahabad

Decided on : Sep-07-2000

Reported in : (2000)3UPLBEC2754

..... surendra nath tripathi taking the provisions of u.p. intermediate education act and relevant contention framed thereunder as amended up to date after affording opportunity of hearing in accordance with law. the deputy director of education is further directed to decide the question regarding claim of ad hoc promotion by the aforesaid two contending parties as well.13. accordingly, i direct ..... order within six weeks from today and in case said representation is filed within the time stipulated above said deputy director of education shall decide the same in accodance with law as indicated above by passing reasoned order preferably within four months on receipt of the representation.14. it is made clearly that none of the observations made in this judgment .....

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Nov 24 2000 (HC)

Kamlesh Rai Vs. State of U.P.

Court : Allahabad

Decided on : Nov-24-2000

Reported in : 2001CriLJ1410

..... to make the accused understand the requirement of this section in clear and unambiguous language. it must not contain any ifs and but's. this is the requirement of law. the law requires that the accused should be clearly asked in a language which is not open to any other interpretation than the one that whether he would give his search before ..... the appellant that will he like to give his serach before a magistrate or a gazetted officer then he told them that they could take his search. the requirement of law is that if the offender arrested for a charge of possessing any narcotic or psychotropic substance 'he shall, if such person so requires, take such person without unnecessary delay to .....

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