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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1975

Jul 22 1975 (HC)

Smt. Chanda Rani Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Jul-22-1975

Reported in : 1976CriLJ468

..... abridged, suspended or taken away by the presidential order referred to above. he has still, in spite of the order of the president, a right to be informed of the grounds on which the order of detention has been made, as soon as may be after the detention has been made but ordinarily ..... for example the detenu can challenge the detention order on the ground that it is in violation of the mandatory provisions of the defence of india act. the right of the detenu to move for his release on such a ground cannot be affected by the presidential order. similarly the detenu can move the ..... section 491 (1) (b) of the code of criminal procedure or article 226(1) of the constitution on the ground that the act and the rules contravene the fundamental rights under articles 14, 21 and 22 by virtue of the presidential order under article 359, it was held that the detention could be ..... of grounds under article 22(5) of the constitution cannot be pleaded in view of the suspension of the enforcement of that right, yet if the order was not under the act the detention would stand vitiated. learned counsel for the petitioner, however, referred us to two other decisions of the supreme court ..... . ii-165a rest camp colony, charbagh, lucknow and order or direction declaring the provisions of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (act no. 52 of 1974 ultra vires articles 14, 19 and 22 of the constitution of india.2. after hearing the learned counsel for the petitioner .....

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Feb 25 1975 (HC)

Panna Lal Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Feb-25-1975

Reported in : 1975CriLJ1426

..... goods, had been revealed in the report of the customs authorities, even if the evidence in support of this allegation had not been revealed, still the state government could act upon the information and be reasonably satisfied about the existence of condition precedent for making the detention order,17. learned counsel for the petitioner next argued that the conservation of foreign exchange ..... case where a statute substantially conferred the same protection as is conferred by various clauses of article 22 of the constitution. presidential declaration that a person shall not have a right to move the court to enforce the protection offered by various clauses of article 22, will have the effect of precluding him from moving the court for enforcement of similar ..... order did not exist, the order was invalid.3. however, in the meantime, the president of india made an order under article 359(1) of the constitution, declaring that the right to move any court with respect to orders of detention which have already been made or which may hereafter be made under the conservation of foreign exchange and prevention of ..... clauses (6) and (7) of article 22 of the constitution, and directed that all proceedings pending in any court for the enforcement of the aforesaid rights with respect to orders of detention made under the said act or any other action (including the making of any declaration under the said section 9 taken or omitted to be taken in respect of detention .....

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Apr 23 1975 (HC)

P. Sridhar Vs. the State of U.P. and anr.

Court : Allahabad

Decided on : Apr-23-1975

Reported in : 1976CriLJ1861

..... administrative capacity for retaining sri l. s. p. singh in rae bareli and it was perfectly within the administrative competence of the high court to have informed the district and sessions judge that it was not possible to retain him at rae bareli for the completion of this trial. but i am unable to ..... rai bareli a request was moved to the hon'ble high court for retaining sri l, s. p. singh in rae bareli on which the assistant registrar informed that it was not possible to keep him in the district and part-heard trial could be tried de novo.8. the admitted position, therefore, appears ..... incumbent upon his successor-in-office to conduct the trial de novo in keeping with the salutary and cardinal principle of natural justice that it is the right of an accused person to claim that his case should be decided by a judge who has heard the whole of it and not merely a ..... the appellate court to exercise its discretion and the appellate court would interfere only if it comes to the conclusion that the lower court judge by acting upon the evidence recorded by his predecessor has fallen into a palpable error which has resulted in failure of justice.the facts of the above case ..... the salutary principle of natural justice that 'he alone may decide who has heard the evidence', and gives discretion to the magistrate under certain circumstances to act upon the evidence recorded by his predecessor and to decide the case. such a power has not been conferred by the statute on the sessions judge conducting .....

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Jan 30 1975 (HC)

Asad Yar Khan Vs. the State Transport Appellate Tribunal, Uttar Prades ...

Court : Allahabad

Decided on : Jan-30-1975

Reported in : AIR1976All185

..... p) ltd., (air 1971 sc 1804) to establish that the regional transport authority under the motor vehicles act has full powers to ask for any information and call the parties for furnishing any information necessary in connection with the grant of a permit. the supreme court in the later case was considering ..... oath. when affidavits between the parties are exchanged it becomes again the duty of the regional transport authority to resolve the disputes on the information furnished by the affidavits. here before the regional transport authority there were affidavits and other documents. in my judgment in coming to a ..... so, the regional transport authority having been constituted as a body to decide all disputes relating to permits and to call for any material information in that connection has to record findings in order to! arrive at its decision. nobody disputes and can dispute that the regional transport ..... all 258) wherein it was held that unless a positive authorisation is conferred by law a constituted authority though administering the laws and affecting the rights of the parties cannot summon witnesses on oath and then examine or cross-examine them. i do not doubt the correctness of this proposition. ..... examine her on oath.6. sri r.n. trivedi, learned counsel for the respondent, srimati afsari begum, contended that the appellate tribunal was right in holding that the transport authorities could not decide the question of title as they had no power to summon witnesses and examine and cross .....

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Apr 29 1975 (HC)

State Vs. Sant Prakash and ors.

Court : Allahabad

Decided on : Apr-29-1975

Reported in : 1976CriLJ274

..... of evidence. we are therefore, satisfied that nawani was taking steps towards the investigation of an offence which came to his knowledge on information received through informant at the shop of murari lai and he had proceeded to the shop of shri ram to investigate and collect evidence at that place ..... property. the other three respondents whatever they did by taking away or removing the property, obstructed the public servants. they did not have any right as urged op behalf of the respondents. if the property was being sealed for being placed in safe custody they could have very well approached ..... search the relevant provisions of the code of criminal procedure had not been complied with. the argument was based upon section 105(2) of the act which provided that the provisions of criminal procedure code, 1898, relating to searches shall so far as may be apply to searches under that section subject to ..... and then carry out the search in the manner provided by the code of criminal procedure, while considering section 132(2) of the income-tax act the supreme court held that it did not imply that the limitations prescribed by section 165 criminal p.c. are also incorporated therein. the supreme ..... relating to the company and its contents consisted merely of personal effects of one of its managing directors. section 41 of the madras general sales tax act was considered by the supreme court in that case. the main dispute centred round the interpretation of sub-clause (2) of section 41. it .....

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Aug 18 1975 (HC)

Visheshwar Pathak and ors. Vs. State

Court : Allahabad

Decided on : Aug-18-1975

Reported in : 1976CriLJ1823

..... the very commitment order and the proceedings in sessions trials were stayed.4. learned counsel for the petitioners has argued that there could not be three first information reports in respect of the same matter, it is significant that two reports were lodged simultaneously at 6-10 p.m. one by the commandant sri mohan ..... the names of four other persons were revealed who are petitioners nos. 42 to 45. they were persons on guard-duty. even according to the first information report lodged by the commandant sri mohan lai kapoor there is a clear indication that the entire battalion had revolted. when it was found that these four ..... as the sub-divisional magistrates are concerned, the powers of all first class magistrates conferred on them for trying cases under the indian penal code and other acts have been saved for continuing with the cases which were 'already pending before them. no doubt, as executive magistrates they are not to try fresh cases under ..... new code of criminal procedure he had become an executive magistrate after 1-4-1974 while in such a case under the indian penal code and other acts in which punishment is provided, enquiry or trial court have been made by a judicial magistrate only under section 3 of the cr.p.c. 1973 ..... gorakhpur it was under sections 147/148/149/342/120b/504/ 332/352/307/395/384/427, i.p.c. 6/7 p.a.c. act. 25/27 arms act and 36/43 and 37/119 d.i r. serious allegations were made that they had1 resorted to firing and they had also aimed guns towards him .....

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Aug 22 1975 (HC)

Sai Chandra Traders and anr. Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Aug-22-1975

Reported in : AIR1976All230

..... the supplementary counter-affidavit of sri g. l. srivastava it was stated that the indian railway had published a list of railway station, sidings etc., for information of the public. in that book, chapter viii contains alphabetical list of sidings. they have been classified as public, departmental and private. the siding in ..... permission by railway administration to the members of public may be either irregular or in the nature of a licence not sufficient to create any rights against the railway administration, even the evidence led by the petitioner, except about his own conduct which is sworn on the basis of personal knowledge ..... meant for the exclusive use by the railway administration.6. learned counsel for the petitioner has also placed reliance on section 27 of the indian railways act which runs as under:--27 (1) -- 'every railway administration shall, according to its powers, afford all reasonable facilities for the receiving, forwarding and ..... as it has not been proved to be public siding it cannot be deemed to be 'railway' within the meaning of the act. section 27 (1) of the act is thus of no avail. consequently no writ of mandamus or certiorari can be granted.9. in the result the petition fails and ..... section 27 (1) can apply it has to be shown that the siding in question is a 'railway' within the meaning of the act section 3 (4) of the act defines 'railway'. the relevant portion is as under:--'railway' means a railway, or any portion of a railway, for the public carriage .....

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Apr 30 1975 (HC)

Smt. Nawab Shahrukh Jahan Begam Vs. Saiyed Enayat HusaIn Khan and ors.

Court : Allahabad

Decided on : Apr-30-1975

Reported in : AIR1975All452

..... could not get money decree as a personal liability from the mutwalli himself. after all the mutwalli could have filed a suit for declaration of his right to accelerated rate of expenses or remuneration fixed in the waqf deed. in fact the beneficiaries could have themselves filed a suit for the reduction of this ..... . on these grounds declaration was sought for. the suit was contested on behalf of defendant no. 1. he admitted the creation of waqf as well as right of the plaintiff to claim maintenance. he, however, alleged that although there has been an increase in the rental income, but taxes and expenses also have ..... cannot be made applicable to the facts of this case for the simple reason that there was some contract between the parties. the defendant informed the plaintiff that he was not willing to furnish security and that whether the contract was to be treated as cancelled. plaintiff ..... informed him that the contract stood cancelled. thereafter, defendant threatened to file a suit against the plaintiff for recovery of damages for breach of contract ..... of the respondents. since this suit was filed after the enforcement of the new specific relief act of 1963, section 34 is relevant for our purposes. it reads thus:'34. any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to .....

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Feb 03 1975 (HC)

Addl. Commissioner of Income-tax Vs. Krishna Subh Karan

Court : Allahabad

Decided on : Feb-03-1975

Reported in : [1977]108ITR271(All)

..... respectively. assessments of these years were completed and, thereafter, in the course of proceedings for the assessment year 1963-64, the income-tax officer got information that certain drafts had been purchased by the assessee in different names from the united bank of india, allahabad, and remitted to calcutta, which transactions ..... this being so, penalty was imposable at the rate as prevailing in the year in question, and not at the rate introduced by the amending act of 1968. we, therefore, answer the question in the affirmative and against the department. the assessee is entitled to hiscosts which we assess at ..... income, whereas previously it was fixed at 20% of the tax sought to be avoided. the tribunal took the view that the amending act was not retrospective and further that the penalty was imposable on the basis of default committed in the original returns. the question raised in ..... . penalty proceedings were thereafter initiated under section 271(1)(c) of the act, and inasmuch as the minimum penalty imposable exceeded rs. 1,000, the matter was taken up by the inspecting assistant commissioner. the inspecting assistant ..... the books of account. as a consequence, the assessment for these two years were reopened and in response to notices under section 148 of the act, the assessee filed returns on april 17, 1968. the assessee filed returns, which were not accepted and assessment was made at a higher figure .....

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Aug 22 1975 (HC)

Shri Mahendra Bal Vidyalaya Society and ors. Vs. the State of Uttar Pr ...

Court : Allahabad

Decided on : Aug-22-1975

Reported in : AIR1976All188

..... . from the narration of the facts mentioned above, it is clear that notification under section 4(1) of the act issued on 1-1-1970 was published in the official gazette on 17-1-1970. but publication of the substance of the information in the locality was done on 18-3-1970. from annexure 'q' which is the report of the process ..... only 12 persons aggrieved have filed the objections before the land acquisition officer. there are 56 petitioners in the present case whose rights have been affected. thus 44 petitioners could not file their objections under section 5-a of the act because of the lacuna in publication mentioned above. the view i have discussed above finds support from a decision of brother ..... it could apply its mind to the entire facts of the case and be satisfied before issuing a declaration under section 6 of the act. strict compliance of this provision is very necessary because the objector has no right to present his case before the government at the stage when the record has been transmitted to it for final consideration.24. in ..... the present case, respondent no. 8 had called for a report from the deputy director, education, the petitioners were not informed of the date on which the deputy director .....

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