Court : Allahabad
Decided on : May-03-2002
Reported in : 2002(3)AWC1950; (2002)2UPLBEC1777
..... of seeking it are excluded. construed in the light of this principle. it is clear that sections 84 and 86 of the punjab municipal act bar, by inevitable implication, the jurisdiction of the civil court where the grievance of the party relates to an assessment or the principle of assessment ..... finds support from the law laid down by the supreme court while considering a similar controversy in revenue statutes. in munshi ram and ors. v. municipal committee, air 1979 sc 1250, it was held as under :'it is well-recognised that where a revenue statute provides for a person aggrieved by ..... 24.3.1995 and quashed the assessment with the observation that the same may be done in accordance with section 174(a) of u.p. municipal corporation adhiniyam, 1959 (hereinafter referred to as the adhiniyam). the defendant no. 2 filed a single appeal against the aforesaid judgment before the district judge ..... it was held as follows :'the jurisdiction of the civil court may be excluded expressly or by clear implication arising from the scheme of the act. where the legislature sets up a special tribunal to determine questions relating to rights or liabilities which are the creation of a statute, the jurisdiction ..... 299 (97 shops). according to the plaintiff, the demand made by the defendants was contrary to the provisions of the adhiniyam and w.s.s. act. the suit was, accordingly, filed for the relief mentioned above.4. the plaintiff-appellant also filed an application 5c praying that the defendants be restrained .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-10-2002
Reported in : AIR2003All102
..... action does not satisfy these rules, it is to be treated as arbitrary. [in g.b. mahajan v. jalgaon municipal council : air1991sc1153 . venkatachaliah, j. (as he then was) pointed out that 'reasonableness' of the administrator under article 14 in the context of administrative law has to be judged from ..... guarantees liberty and has also been subjected to principles of 'proportionality.' provisions of criminal procedure code, 1074 and the indian penal code came up for consideration in bachan singh v. state of punjab : 1980crilj636 , the majority upholding the legislation. the dissenting judgment of bhagwati, j. [see : 1scr145a dealt elaborately with 'proportionality' and held that the punishment provided by the statute ..... courts would then be confined only to a secondary role and will only have to see whether the administrator has done well in his primary role, whether he has acted illegally or has omitted relevant factors from consideration or has taken irrelevant factors into consideration or whether his view is one which no reasonable person could have taken. if his ..... questions of discrimination are involved and the court is a primary reviewing authority. according to prof. craig, this is likely to be the position under article 14 of the english act, 1998. 64. in the us, in the matter of discrimination, tests of 'intermediate scrutiny' and 'strict scrutiny' have been laid down. in cases of affirmative action, the us .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-05-2002
Reported in : 2003(2)AWC870
..... (2) was considered by the supreme court in three leading cases :(1) punjab national bank ltd. v. k. l. kharbandu, 1962 (1) llj 234. (2) central bank of india ltd. v. p. s. rajagopalan etc., 1964 sc 734. (3) municipal corporation delhi v. ganesh razak, 1995 (1) llj 395. in these ..... its operative portion by the employers. thus, the other two contentions of the employers that the adjudication proceedings under section 10 of the industrial disputes act, 1947 which finally decide the industrial dispute or adjudicate are subject to execution proceedings are fallacious, misconceived and cannot be sustained. in so far as ..... it was only an incidental question, as such the labour court had jurisdiction to determine by an incidental enquiry under section 33c(2) of the act as to whether any new conditions have been imposed upon the workmen or not. the labour court was, therefore, competent to determine the benefit, as ..... agarwal submits on the basis of the aforesaid judgment given in central bank of india's case (supra) that under section 33c(2) of the act, the labour court had power to decide the incidental question of the nature involved in the writ petition and holding that due to some difference or ..... -implementation of the award of the labour court in letter and spirit the workmen filed an application under section 33c(2) of the industrial disputes act (central) before the labour court, gorakhpur praying that the benefits of reinstatement arising out of the award of the labour court dated 23.4. .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-19-2002
Reported in : AIR2003All140
..... suit and provisions seeking ouster of civil court jurisdiction is to be strictly construed.46. similar view was taken by this court in the case of municipal board, falzabad (air 1976 all 349) (supra) wherein this court has held as follows :'the jurisdiction of a civil court to entertain a ..... union of india.3. air 1997 sc 2076, s.p. subramanya shetty v. karnataka state road transport corporation.4. (1997) 5 jt (sc) 182, punjab state electricity board v. ashwani kumar.5. (1997) 5 scc 536, mafatlal industriesltd. v. union of india.16. he further submitted that none of the plaintiffs ..... a forum for deciding dispute in respect of election of continuance in office of office bearers of a society and prescribed authority acting under section 25 of the said act acts as a tribunal. it decides the important dispute to election and continuance in office of office bearers which is essentially a ..... jurisdiction in a civil court unless it is expressly or impliedly barred by any statute. according to him, the provisions of the societies registration act which have been heavily relied upon by the learned counsel for the petitioner is not applicable or attracted in the present case and, thus, the ..... of action. the court of civil judge, at allahabad had the pecuniary and territorial jurisdiction to entertain the plaint and the provisions of societies registration act are not at all attracted in the present case. he submitted that the founder president of the mission continued from the year 1975 to 1983 .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-04-2002
Reported in : 2003(2)AWC1434
..... catena of decisions that a disciplinary authority is not required to give reasons in support of its order if it agrees with the enquiry report. in tara chand v. delhi municipality, air 1977 sc 567, it was held that while it may be necessary for disciplinary authority or administrative authority exercising quasi-judicial functions to state reasons in support of its ..... where the law specifically so provides is the ultimate responsibility for the exercise of such power ;as pointed out by the house of lords in 'board of education v. rice', 1911 ac 179 at p 182 (c), a functionary who has to decide an administrative matter of the nature involved in this case, can obtain the material on which he is ..... .) is associated with the commission which is provided in regulation 3 of regulations, 1985. the management committee of an institution after completing proceedings in accordance with u. p. intermediate education act, the rules and regulations made thereunder and also in accordance with the orders issued by the education department from time to time forwards the papers to the commission through the ..... ') to make regulations with the prior approval of the state government and section 35 confers powers upon the state government to make rules for carrying out the purposes of the act. in exercise of the aforesaid power, the commission made the uttar pradesh secondary education services commission (procedure and conduct of business) regulations, 1983, (hereinafter referred to as the regulations, 1983 .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-10-2002
Reported in : AIR2002All94
..... of the view that only short point is involved for consideration in this appeal. the land in the present case was acquired for the development of two colonies within the municipal limits of ghaziabad city. the land in dispute is situated in village raheespur in district ghaziabad. the other land of sewak ram and anoop singh situated in village jatwara kalan ..... view that when the learned single judge and the division bench took the view that the claimants whose land was acquired by the state of punjab under the notifications issued under sections 4 and 6 of the act, were entitled to enhance compensation and the case of the appellants stood on the same footing, the claimants should have been given an opportunity ..... judgment, the reference court has observed that the land of sewak ram is in approximity of the land of the present appellants. the notification under section 4(1) of the act regarding the land of jatwara kalan was made on 18-6-1962 and under section 6 on 27-10-1964 and possession was taken on 22-12-1964 and the ..... . the ghaziabad development authority framed a scheme for the development of the city within the municipal limits and for that purposes the land of the appellants and of other persons was acquired. the notification under section 4(1) of the l.a. act (hereinafter referred to as 'act') was issued on 28-12-1963 and the notification under section 6 was issued on .....Tag this Judgment!
Court : Allahabad
Decided on : May-22-2002
Reported in : 2002(3)AWC2088; (2002)3UPLBEC2502
..... such vast experience. this view gets support from the numerous supreme court decisions referred to in this judgment.21. in bhagwati prasad v. delhi municipal corporation, air 1990 sc 371, it was observed that once the appointment was made as daily wage worker and the petitioner worked for considerable length ..... his services were never terminated on ground of inefficiency or misconduct, he was entitled to be regularised.18. in vinay kumar v. state of punjab and ors., air 1994 sc 265, it was held that part time lecturers working for more hours every day as compared to regularly appointed lecturers ..... person is getting. the petitioner was certainly imparting instruction in the university since 1989, and hence she is certainly a teacher as defined in the act. moreover, this point is really covered by the division bench decision of this court in vashistha narain pandey's case (supra), which has ..... 27. in this connection, it may be mentioned that 'teacher' has been denned in section 2 (18) of the u. p. state universities act as follows :'teacher means a person employed for imparting instruction or guiding or conducting research in the university.'28. thus, the definition of teacher has nothing ..... advertised vide advertisement no. 6 of 1993 without considering the claim of the petitioner for regularisation under section 31 (3) (c) of the act. again the posts were advertised in 1999 ignoring the claim of the petitioner for regularisation but the selection was deferred due to the chancellor's .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-23-2002
Reported in : 2003(3)AWC2060
..... considered a rural candidate if he had passed s.s.c. examination held from a village or a town having only 'c' type municipality. the object of the rule, as noticed by this court, was to appoint candidates having full knowledge of rural life so that they ..... issued, which adversely effects them.(1) prabodh verma and ors. v. dal chand and ors., air 1985 sc 167. (2) sukhpal singh and ors. v. punjab state agriculture marketing board and ors., 1994 (6) scc 320. (3) aliji mononji and company v. lalji mauji and ors., 1995 (5) scc 379. ..... or any 'state government'. this necessarily implies that qualification in teacher education obtained from an institution duly recognised under the provision of the act, would be treated as a valid qualification for purposes of appointment in schools, and colleges or other educational body aided by the central ..... an institution offering course or training in teacher education immediately before the appointed day fails or neglects to obtain recognition or permission under this act, the qualification in teacher education obtained pursuant to such course of training or after undertaking a course or training in such institution, ..... schemes for various levels of teacher education and identify recognised institutions and set up new institutions for teacher development programmes. section 14 of the act enjoins upon every institution offering or intending to offer course or training in teacher education to make an application to the regional committee concerned for .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-13-2002
Reported in : 2003(1)AWC462; (2003)1UPLBEC462
..... placed reliance on balkrishna das agarwal v. smt. radha devi and ors., air 1989 all 133 ; raja ram v. moolraj singh, 1961 alj 473 ; rajinder prasad and anr. v. punjab state and ors., air 1966 pun] 185 (fb) ; babu ram ashok kumar and anr. v. antarim zila parishad, air 1964 all 534 (fb) ; deputy commercial tax officer v. ..... of anaffiliated college. a divisionbench of this court in thecommittee of management v.d.i.o.s., 1992 acj 505, whileinterpreting analogous provisionsof section 16a (7) of intermediateeducation act, held that thedeputy director gets jurisdictionto decide a dispute only whenthere are two or more rivalcommittees of management whichhave staked their claim to managethe college. unless there are rivalcommittees ..... 45067 of 2002praying for writ of mandamuscommanding respondent no. 2 todecide the representation filed on23rd september, 2002, exercising thestatutory power under section 2 (13)of u. p. state universities act, 1973. afurther writ of mandamus wasclaimed commanding the respondentsto recognise the committee ofmanagement of the petitioners(respondent nos. 2 and 3) by attestingthe signatures of petitioner no. 2(respondent ..... by a municipal board of a nagar mahapalika, the expression 'management, means the education committee of such board or mahapalika, as the case may be, and the expression 'head of the management' means the chairman of such committee.'9. the first statutes of the university have been framed under section 49 of the u. p. state universities act, 1973. .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-15-2002
Reported in : 2002(3)AWC2078; (2002)3UPLBEC2463
..... that termination being in contravention of the specific conditions mentioned in the appointment order, the appellant was reinstated in service with back wages.30. in municipal corporation of delhi (m.c.d.) v. prem chand gupta and anr., (2000) 10 scc 115, the supreme court has held that where ..... (3) scc 212, the supreme court set aside the dismissal order which was passed without giving the employee an opportunity of cross-examination. in punjab national bank v. aipnbe federation, air 1960 sc 160 (vide para 66), the supreme court held that in such enquiries evidence must be recorded ..... termination of respondent's services declared invalid being violative of section 25f of the industrial dispute act, 1947 and keeping in view that the case dragged on for 33 years but neither of the contesting parties were at fault. the delay ..... is not paid, then the very object of paying the reduced salary to the employee during the period of suspension would be frustrated. the act of nonpayment of subsistence allowance, would gradually starve himself to death.on joining government service, a person does not mortgage or barter away his basic ..... 2 uplbec 1280 (sc) : air 1999 sc 1416, the supreme court had held as follows :'............suspension notwithstanding non-payment of subsistence allowance is an inhuman act which has an unpropitious effect on the life of an employee. when the employee is placed under suspension, he is demobilised and the salary is also .....Tag this Judgment!