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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: allahabad Page 1 of about 7 results (0.026 seconds)

May 15 2009 (HC)

Satish Chandra Agarwal Vs. Hariraj Saran Agarwal and ors.

Court : Allahabad

Reported in : 2009(4)AWC4128

..... (1996) 5 scc 353.18. in joginder pal v. naval kishore behal : (2002) 5 scc 397, the apex court with a reference to the provisions of east punjab urban rent restriction act, on the question of bona fide need, after surveying its earlier pronouncement, has held that the requirement of a major son and ..... measuring 103.94 sq. mtrs. at radha krishna market has been purchased by the tenant respondent by means of a sale deed dated 19.5.2008 from its owner dr. atul mehrotra. in reply, the respondent has stated that it is only in the form of an open piece of land ..... space for workshop. according to the landlord since the shops as then existed, did not fulfil his requirement, he did not occupy them and the courts below were not justified to treat these shops as an alternative accommodation. the said argument, looking to the nature of the need as disclosed in the ..... landlord submits that the said accommodation is not suitable for his godown purposes for which the release was sought. a suggestion was given by the court that the said accommodation may be given to the respondent-tenant in exchange of the disputed accommodation.the parties may obtain necessary instructions in this regard ..... petitioner landlord needs additional accommodation to run his business. had it been not so, no prudent person would have taken a shop on rent. the courts below were, therefore, not justified in drawing an adverse inference regarding the concealment and non-disclosure of the said shop in the release application. a .....

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Jul 01 2008 (HC)

Public Information Officer, Chief Minister's Office, Civil Secretariat ...

Court : Allahabad

Reported in : 2008(4)AWC3574

..... is relatively a new legislation and, therefore, is having its teething problem giving rise to various issues, which require consideration by the court.3. needless to mention that the act is not meant for creating a new type of litigation or a new forum of litigation between the information seeker and the information ..... even in the context of deciphering the constitutional mandate by invoking the notion of active liberty discovered by justice stephen breyer of the american supreme court. this is the precise role which was exhorted by bruce a. ackerman in the famous storrs lecture.111. despite reference to larger bench, the ..... based on the doctrine of contemporanea expositio.109. in the case of raghunath rai bareja v. punjab national bank : (2007)2scc230 , the supreme court held that the literal rule of interpretation really means that there should be no interpretation. in other words, we should read the statutes as it is ..... construction of the provision has to be made and if the language is clear, unambiguous and meaningful, which forwards the cause of enactment, the court would restrain itself from making an effort to interpret the provisions in any different manner, which would have the effect of amending the rule or ..... internet, so that the public have minimum resort to the use of this act to obtain information.139. we, thus do not find any illegality in the impugned orders dated 12.12.2007, 18.1.2008 and 15.2.2008, contained in annexures-1, 2 and 3 respectively to the writ petition, .....

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Jul 31 2008 (HC)

Abdul Jabbar Vs. Sri Niwas Gupta

Court : Allahabad

Reported in : 2008(4)AWC4109

..... down by the hon'ble supreme court can be applied to a case wherein it is established that the stranger/obstructionist has his own independent right, title and interest to the property in question. however, in ..... and interest in the decretal property and who is admittedly not a party to the decree would be entitled to maintain his application and resist the execution and the executing court would be bound by the procedure prescribed under the aforesaid rules for finally resolving the execution proceedings between the obstructionist and the decree holder. the aforesaid law as laid ..... in irreparable injury to such obstructionist whose grievance would go overboard without being considered on merit and such obstructionist would be condemned totally unheard. such an order of the executing court, therefore, would fail also on the ground of non-compliance with basic principles of natural justice.16. on the contrary the statutory scheme envisaged by order xxi, rule 97 ..... the revisionist claiming independent title and possession over the property in question and not by virtue of any right, title or interest through the judgment debtor.6. the trial court proceeded to consider such objections filed by the revisionist and has recorded that the decree holder/auction purchaser has not filed an application under order xxi, rule 97, c .....

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Jun 23 2008 (HC)

Rajeev Kumar Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009CriLJ142

..... view of the fact that an efficacious alternative remedy is available. (see mrs. sanjana m. wig v. hindustan petro corporation ltd. : air2005sc3454 ).9. supreme court in the case of musaraf hossain khan v. bhagheeratha engg. ltd. : 2006crilj1683 has held as follows:26. it is no doubt true that in a criminal ..... writ petition be entertained.6. learned aga on the other hand contended that section 482 cr. p. c. is the inherent power vested in this court to do ex debito justice. he refuted the arguments of learned senior counsel for the petitioners and submitted that since the petitioners can seek effective remedy ..... under section 397(1) read with 401(1) cr. p.c. as well as under section 482 cr. p. c. and therefore, this court should not exercise its extraordinary jurisdiction under article 226 of the constitution of india. allowing the litigants to eschew the statutory remedy available to them and invoke ..... fir registered though a writ of mandamus, which practice has been deprecated by the apex court in the case of sakiri vasu v. state of u.p. and ors. 2008 (60) acc 689: 2008 (1) alj 752. further the apex court has held in the decision of harnek singh v. charanjit singh : air2006sc52 as follows ..... (para. 15):it is true that the high court exercises a plenary jurisdiction under article 226 of the constitution of .....

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Feb 23 2010 (HC)

U.P. Rajya Vidyut Utpadan Nigam Ltd. Vs. U.B. Engineering Ltd.

Court : Allahabad

..... purpose and that commercial solution has to be found to the problem posed. in citibank n.a. v. tlc marketing plc : 2008(1) scc 481 the apex court observed that the contract is a commercial document and must be interpreted in a manner to give efficacy to the contract rather than ..... that upon the difference of the opinion among arbitrators, the umpire would enter into reference. the scope of the jurisdiction of the court under section 30 and 33 of the act has been considered in several cases and the following decisions have been relied upon by the respondent:i. continental construction ltd. v. ..... claims submitted by the respondent were included in the estimates of the project.(f) seb is statutory authority under section 2(7) of the electricity act, 2003 and is an authority under article 12 of the constitution of india and has monopoly in respect of an essential public utility, namely, ..... the claims lodged by the contractor through the statement of claimants before the arbitrator. thus, the learned umpire selected by the parties failed to act as umpire or sole arbitrator and instead made an imaginary award without relying upon or without considering the findings recorded on various claims and findings ..... banks.10. in the proceedings before the civil judge (senior division) lucknow, the upseb filed objections under sections 30 and 33 of the arbitration act. the objections, so preferred by the appellant were rejected vide order dated 12.9.2000,11. it is in this background, the appellant-company .....

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Dec 19 2012 (HC)

Prashant Kumur Katiyar and Etc. Vs. State of U.P. and Others

Court : Allahabad

..... comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted. this correct position has been consistently followed by this court, and we do not find any discordant note in the decisions in state of haryana vs. subhash chander marwaha, neelima shangla vs. state of haryana ..... advertisement for direct recruitment. the nature of rights arise from competing claims that can be best-assessed on the strength of an interpretation by the court drawing a distinction between a vested right, an accrued right and a statutory right. 59. in reference to the present case, there is no ..... manner alone. reference be had to para 20 and 23 of the division bench judgment in the case of km. poonam vs. state of u.p. 2008 (3) awc pg. 2852 and to para 24 of the decision in the case of u.p. secondary education service selection board vs. state of ..... in accordance with the rules provided for reservation namely the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994 act as applicable in the state of u.p. 33. this determination by the management in respect of direct recruitment is to be made under rule ..... bhawani prasad sonkar vs. union of india reported in 2011 (4) scc 209 and v. sivamurthy vs. state of andhra pradesh and others reported in 2008 (13) scc pg. 730. the contention is that the rights of a compassionate appointee cannot be defeated, and that the mode of compassionate appointment is itself .....

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Apr 07 2014 (HC)

Commissioner of Income-tax Vs. Jindal Polyester and Steel Ltd.

Court : Allahabad

..... this account and satisfy himself that these accounts have been maintained in accordance with the provisions of the companies act. the court categorically held that (page 280 of 255 itr): "... the assessing officer while computing the income under section 115j has only the power of examining whether the books of account ..... statutory obligation also to examine and satisfy that the accounts of the company are maintained in accordance with the requirements of the companies act. in spite of all these procedures contemplated under the provisions of the companies act, the court observed that it is difficult to accept the argument of the revenue that it is still open to the assessing officer to rescrutinise ..... out by the learned counsel for the respondent-assessee, is also covered by the decision of the supreme court in apollo tyres ltd. v. cit [2002] 255 itr 273 (sc). in malayala manorama co. ltd. v. cit [2008] 300 itr 251 (sc), the supreme court following the ratio of the judgment in apollo tyres (supra) held as follows (page 259 of 300 itr ..... ) : 'in apollo tyres (supra), this court examined the object of introducing section 115j in the 1961 act. the court relied on the budget speech (see [1987] 165 itr (st .....

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