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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: allahabad Year: 2005 Page 1 of about 9 results (0.027 seconds)

Aug 30 2005 (HC)

M.K. Gandhi and ors. Vs. Director of Education (Secondary) and ors.

Court : Allahabad

Decided on : Aug-30-2005

Reported in : 2005(4)ESC2265

..... secondly, whether rule 9(i) which permitted the termination of service of even a confirmed employee after three months notice was void under section 23 of the indian contract act and article 14 of the constitution. the court held that the rule 9(i) was arbary, unreasonable and violative of article 14 of the constitution.50 ..... parties by an agreement or deemed to be adopted by them and agreement to be in the same format as appendix-ill of the affiliation bye-laws as held in this case--are merely private contract between the schools arid the teachers. they do not have statutory force. the writ petition is not ..... the schools--where n.o.c. and the affiliation has already been granted--frame service rules and enter into agreement with the teachers in the correct format; failing which their n.o.c. may be cancelled and affiliation may be withdrawn.(iii) the board may intimate to the schools affiliated to it ..... be adopted as service rules by the d.p.s. school and the agreement between the parties shall also be deemed to be in the same format as appendix-iii to the affiliation bye-laws. are the bye-laws and the agreement statutory? in this connection, let's consider rajasthan state road ..... chapter ii is titled 'staff and service conditions'. this mandates that there has to be well defined service conditions and agreement between the parties in the format given in appendix-ill to the affiliation bye-laws.25. chapter vii of the affiliation bye-laws are titled as 'service rules for employees'. bye-law .....

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Jul 26 2005 (HC)

United Provincial Transport Agency (Through Its Partner Sri S.P. Gulat ...

Court : Allahabad

Decided on : Jul-26-2005

Reported in : [2006(107)FLR495]

..... and ors. v. united labour union and ors., : (1997)illj1113sc . the hon'ble apex court referring to a large number of decisions and tracing the history of the contract labour (regulation and abolition) act, noticed that the industrial tribunal although prior to coming into force colild issue directions for such regularisation but such directions could not be issued after coming into force ..... to establish relationship of master and servant between him and the petitioner are certain papers of photostat copies of alleged staff attendance and payment of wage register prescribed on a format 'g' under rule 18(1) (b) & (c) of u.p. dookan aur vanijya adhisthan niyamavali, 1963. according to the petitioner the aforesaid photostat it copy of form 'g' does neither ..... such variety or class of cases involving different type of establishment and in dealing with different employers would mean seeking for things, which are only impossible to find. '36. in indian banks association v. workmen of syndicate bank and ors. (2001) 3 scc 36), the question which arose for consideration was as to whether the deposit collectors who received commission is ..... existed between the bank and the various persons employed in the three types of canteens and in that situation, the demand for regularisation was considered to be unsustainable.35. in indian overseas bank v. i.o.b. staff canteen workers union and anr., : (2000)illj1618sc , the hon'ble apex court observed:'the standards and nature of tests to be applied for .....

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Jan 20 2005 (HC)

District and Sessions Judge Vs. Ratnesh Kumar Srivastava and anr.

Court : Allahabad

Decided on : Jan-20-2005

Reported in : 2005(1)ESC724; (2005)2UPLBEC1156

..... every action of statutory authority is carried out in accordance with the law. the expressions 'may presume' and 'shall presume' are defined in section 4 of the indian evidence act, 1872 (in short 'the evidence act'). the presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or ..... justice to take appropriate steps for improving the appalling situation, and if found necessary, issue appropriate direction to the registrar general to hold the suitability test and gauge the per format ion of stenographers employed in the high court.72. at this stage. shri ashok khare, learned senior counsel appearing for respondent-employees has submitted that as nothing survives in ..... post.'20. a temporary employee has no right to hold the post and his services are liable to be terminated without assigning any reason either under the terms of the contract providing for such termination or under the relevant statutory rules regulating the terms and conditions of temporary servants. similarly, in r.k. misra v. u.p. state handloom ..... jurisprudence a temporary employee has no right to hold the post and his services are liable to be terminated in accordance with the relevant service rules and the terms of contract of service.'19. in a case like the instant, the court has to be satisfied about the legally justiciable right of the employee which has been infringed, for .....

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Mar 23 2005 (HC)

A.H. Wheeler and Co. Pvt. Limited an Existing Company WithIn the Meani ...

Court : Allahabad

Decided on : Mar-23-2005

Reported in : 2005(4)AWC3604; 2005(3)ESC1576

..... led to the sending of the communication dated 24.6.2004 by the executive director (c&t;) to the general managers of all indian railways pointing out that the contract of the petitioner firm, which had expired on 31.12.2002, could not be renewed since a comprehensive bookstall policy was in the ..... in such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from mala fide, dishonesty or corrupt practice. the order can be set aside if it is held to ..... to sustain the change in policy by resort to 'wednesbury' principles of rationality. every state action must be informed by reason which means that an act uniformed by reason is per se arbitrary.54. we may mention that sri gopal subramaniam, learned senior counsel for the petitioners also took us through ..... disclose any discernible principle which is reasonable itself shall be labeled as arbitrary. every state action must be informed by reason and it follows that an act uninformed by reason is per se arbitrary.'37. in bannari amman sugars ltd. v. commercial tax officer and ors., (2005) 1 scc 625 the ..... essence and substance is the heartbeat of fair play. actions are amenable, in the panorama of judicial review only to the extent that the state must act validly for a discernible reason, not whimsically for any ulterior purpose. the meaning and true import and concept of arbitrariness is more easily visualized than .....

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Oct 04 2005 (HC)

Deepak Sharma S/O Sri Khem Chand Sharma Vs. State of U.P. Through Secr ...

Court : Allahabad

Decided on : Oct-04-2005

Reported in : 2005(4)AWC3806; 2005(4)ESC2333

..... such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from mala fide, dishonesty or corrupt practice. the order can be set aside if it is ..... purpose they will be treated as a single unit. (b) eligibility for prescribed reserved category applicants: (a) the applicant should be competent to contract and have attained the age of majority.(b) only such applicants/industrial units/commercial establishments or their managing director/whole time director(s)/proprietor/partner( ..... : villager applicants 17.5%category v : noida employee applicants 5%1. eligibility: (a) eligibility for general applicants: (a) applicant should be competent to contract and have attained the age of majority.(b) applicant & their spouse/dependent children should not have been allotted in full or in part on lease hold or ..... . the choice of the options available is for the authority; the court/tribunal cannot substitute its view as to what is reasonable. '50. in indian railway construction co. ltd. v. ajay kumar : (2003)iillj150sc the hon'ble supreme court held :-'it is trite law that exercise of power, ..... will not normally exercise its power of judicial review unless it is found that formation of belief by the statutory authority suffers from mala fide, dishonesty or corrupt practice. in other words the authority must act in good faith. this apart, even when some defect is found in the .....

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Feb 25 2005 (HC)

Dr. Bheem Rao Ambedkar Degree College Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Feb-25-2005

Reported in : 2005(3)ESC2162

..... lastly, it must be mentioned that it was urged by the learned counsel for the appellant that paragraph 68 of the majority judgment only permits that university/state to provide format-based selection at the time of granting recognition/affiliation. it was also submitted that once recognition/affiliation is granted to unaided professional colleges, such a stipulation cannot be provided subsequently ..... chemicals ltd., : 1993(41)ecc326 ; bhikaji narain dhakras v. state of m.p. : [1955]2scr589 ; modern school v. union of india and ors., : air2004sc2236 ; harbanslal sahnia and anr. v. indian oil corporation ltd. and ors., : air2003sc2120 ; and u.p.b.ed. prashikshan sangh, azamgarh v. high court of judicature at allahabad, 2004 all. lj 3765.32. in t.m.a ..... to a course of study for a degree), as equivalent to its own degree, any degree conferred by any other university or, as equivalent to the intermediate examination of any indian university, any examination conducted by any other authority.(4) any student whose work or conduct is unsatisfactory may be removed from the university or an institute or a constituent college ..... society but their proper title.5-a. restriction on transfer of property.--(1) notwithstanding anything contained in any law, contract or other instrument to the contrary, it shall not be lawful for the governing body of a society registered under this act or any of its members to transfer, without the previous approval of the court, any immovable property belonging to any .....

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May 19 2005 (HC)

Vishal Properties (P) Ltd., Through Its Director Shri Rakesh Aggarwal ...

Court : Allahabad

Decided on : May-19-2005

Reported in : 2005(3)ESC1690

..... in such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from mala fide, dishonesty or corrupt practice. the order can be set aside if it is held ..... n publications ltd and ors., air 1996 sc 51 the supreme court observed as follows:- 'while exercising the power of judicial review, in respect of contracts entered into on behalf of the state, the court is concerned primarily as to whether there has been any infirmity in the 'decision making process', .............. ..... . the choice of the options available is for the authority; the court/tribunal, canot substitute its view as to what is reasonable. ' 18.in indian railway construction co. ltd. v. ajay kumar (2003) 4 scc he the supreme court held as follows- 'it is trite law that exercise of ..... thus, discretion may be improperly fettered because irrelevant considerations have been taken into account; and where an authority hands over its discretion to another body it acts ultra vires. nor, is it possible to differentiate with precision the grounds of invalidly contained within each category'. 14. in state of u.p. ..... found that the petitioner, had violated the building bye-laws and directions and the terms and conditions set out in the lease deed which act was prejudicially affecting the proper planning and the amenities of the industrial development area. this was against the interests of the general public and, .....

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May 10 2005 (HC)

Laxmi Transport Co. and ors. Vs. Chief Operation Manager and anr.

Court : Allahabad

Decided on : May-10-2005

Reported in : 2005(3)ESC1685

..... court in such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from malafide, dishonesty or corrupt practice, the order can be set aside if it is held to be ..... unescapable conclusion that the court cannot strike down the terms of the tenders prescribed by the competent authority merely because it feels that earlier term of contract could have served the purpose better or could be more fair. the court cannot interfere unless the policy decision is arbitrary or mala fide.20. ..... if it is so, then be it a policy decision or otherwise, it will be violative of the mandate of article 14 of the constitution.' 9. in indian railway construction co. ltd. v. ajay kumar, (2003) 4 scc 579, the supreme court held as follows :'it is trite law that exercise of power ..... disclose any discernible principle which is reasonable itself shall be labeled as arbitrary. every state action must be informed by reason and it: follows that an act uninformed by reason is per se arbitrary.'7. in bannari amman sugars ltd. v. commercial tax officer and ors., (2005) 1 scc 625, the ..... and substance is the heartbeat of fair play. actions are amenable, in the panorama of judicial review only to the extent that the state must act validly for a discernible reason, not whimsically for any ulterior purpose. the meaning and true import and concept of arbitrariness is more easily visualised than .....

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Jul 18 2005 (HC)

A.H.S. Projects Pvt. Ltd. Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Jul-18-2005

Reported in : AIR2005All299; 2005(4)ESC2460

..... ) :-'the jurisdiction of this court in such matter is very limited. the court will not normally exercise its power of judicial review in such matters unless it is found that formation of belief by the statutory authority suffers from mala fide, dishonesty or corrupt practice. the order can be set aside if it is held to be beyond the limits for ..... and unbudgeted expenditure.' 26. in sterling computers ltd. v. m & n publications ltd., : air1996sc51 the supreme court observed as follows :-'while exercising the power of judicial review, in respect of contracts entered into on behalf of the state, the court is concerned primarily as to whether there has been any infirmity in the 'decision making process'.by way of judicial review ..... light of wednesbury and ccsu tests. the choice of the options available is for the authority; the court/tribunal cannot substitute its view as to what is reasonable.'22. in indian railway construction co. ltd. v. ajay kumar, : (2003)iillj150sc the supreme court held as follows :-'it is trite law that exercise of power, whether legislative or administrative, will be ..... not, however, mutually exclusive. thus, discretion may be improperly fettered because irrelevant considerations have been taken into account; and where an authority hands over its discretion to another body it acts ultra vires. nor, is it possible to differentiate with precision the grounds of invalidly contained within each category'.18. in state of u.p. v. renusagar power co., : air1988sc1737 .....

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