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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 1997

Mar 21 1997 (HC)

Raj Bahadur Yadav Vs. the State of Uttar Pradesh and ors.

Court : Allahabad

Decided on : Mar-21-1997

Reported in : 1998CriLJ103

..... , the petitioner is trying to get himself bailed out from the sessions court. 3. after mentioning the grounds of detention, the petitioner has also been informed that under section 8 of the act he has a right to make representation to the state government and if he wants to make a representation to the state government, it may be forwarded through the superintendent ..... weeks and if the representation is sent after that period, it may not be considered. he was also informed that under section 11(1) of the act, the petitioner has a right of personal hearing before the advisory board and if he wants to avail this right, it should be specifically mentioned in the representation.4. the district magistrate sent the report of detention ..... government to revoke an order of detention where opportunity is denied to the petitioner and on the basis of information received under section 3(5) of the act to pass an order of rejection, if necessary. this court held that it is a statutory right and it docs not flow from article 22(5) of the constitution. in ishaq's case (supra) it ..... before us. the points formulated are:1. whether under the provisions of national security act, 1980, it is obligatory n the detaining authority to inform the detenu that he has a right to make a representation before the central government under section 14 of the and if such information is not given to the detenu while serving the grounds, it shall vitiate the order .....

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Jul 28 1997 (HC)

Swarup Vegetable Products Industries Ltd., Mansoorpur, Muzaffarnagar V ...

Court : Allahabad

Decided on : Jul-28-1997

Reported in : 1998(1)AWC491; (1997)2UPLBEC1395

..... there arises no question of a sort of advisory role or the labour court or the industrial tribunal, unintended by the act to advise the employer, a party much better off than the workman, to inform it about its rights, namely, the right to lead additional evidence and then give an opportunity which was never sought. this runs counter to the grain of industrial ..... the rules of justice, reason and fair play that a quasi-judicial tribunal like the industrial tribunal or the labour court should adopt an advisory role by informing the employer of its rights, namely, the right to adduce additional evidence to substantiate the charges when it failed to make good the domestic enquiry and then to give an opportunity to it to adduce ..... the defect in the domestic enquiry by the written statement of defence filed by him in the application filed by the management under section 33 of the act, then, the management chooses to exercise its right it must make up its mind at the earliest stage and file the application for that purpose without any unreasonable delay ; but when the question arises ..... (2a) of the u. p. act (u. p. industrial disputes act) and remember that the main purpose of creating a forum for industrial adjudication is to avoid delay in disposal of proceedings. viewed in this angle, we hold the division bench of this court in the case of d. c. m. shriram industries ltd, was not right in holding that the management can .....

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Dec 15 1997 (HC)

Ashok Kumar Vs. State of U.P. and Others

Court : Allahabad

Decided on : Dec-15-1997

Reported in : 1998(2)AWC925

..... in like activities prejudicial to the maintenance of public order and it was therefore, necessary to detain him.5. the petitioner was informed that he had a right to make applications or representations against the detention order to the state government, to the advisory committee and to the central government. ..... thus, gave rise to the subjective satisfaction of the authorities empowered to take recourse to section 3(2) and (3) of the national security act.14. on other points, the learned counsel did not put much weight and it is found that the requirements of law in sending confirmation within ..... allegedly kidnapped but, if the allegations are true, it was caused by a domestic driver with the connivance of others. the effect of this act on the society is certainly a panic and spontaneous outburst of demonstrations against the authority and a spontaneous 'bundh' of educational and commercial institutions and ..... the tempo of the life of the community, it could be a matter of law and order only. but where the gravity of the act was otherwise and was likely to endanger public tranquility, it can fall within the impact of public order. in the language of the supreme ..... (2), requires that before making an order of detention, there should be a satisfaction that such detention was necessary to prevent the person detained from acting in any manner prejudicial to the maintenance of public order, etc. what was public order, has been consistently explained by the supreme court in several .....

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Sep 29 1997 (HC)

Krishna Kumar and anr. Vs. Sr. Supdt. of Police and ors.

Court : Allahabad

Decided on : Sep-29-1997

Reported in : 1998CriLJ3806

..... they cannot be taken notice of.23. learned counsel for the petitioners have submitted that as the stale government had issued directions for not lodging of the fir under section 3/7 e.c. act against traders and business men and had further issued direction for moving applications for withdrawal of prosecution, there is no jusiification for registering a case against the ..... order dated 15-12-1996 is still in force. it is urged by learned counsel that as the state govt. had issued direction for not lodging a fir under section 3/7 e.c. act against a business man or trader and had further issued directions for moving applications for withdrawal of the pending prosecutions, there is no justification for registering a ..... petrol and diesel was taken which was sent to forensic science laboratory, lucknow. the report of analysis showed that the sample of diesel was adulterated with kerosene. thereafter, a first information report was lodged by dinesh kumar misra, supply inspector, ghatampur against the proprietor of m/s. bhagwandin gaya prasad and the manager sardar husain under sections 3/7 e. c ..... adulterated, the provisions of article 21 of the constitution are violated. learned counsel has supported his argument by making reference to prevention of food adulteration act, insecticides act and some other enactments where accused is given a right to have the sample tested again. reliance has also been placed upon a decision of a learned single judge of punjab & haryana high court in .....

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Mar 21 1997 (HC)

Rakesh Bagla Vs. Director General, Anti-evasion (C. Ex.)

Court : Allahabad

Decided on : Mar-21-1997

Reported in : 1997LC16(Allahabad); 1997(93)ELT668(All)

..... brother-in-law of rakesh bagla is said to be the deputy inspector general of police at lucknow. it is claimed that after receiving the information that the two companies, named above, were engaged in evasion of central excise duty by resorting to clandestine manufacture and removal of their goods, ..... withdraw his complaint filed at jhansi. it is claimed that after his interrogation on 17th december, 1996, the respondent nos. 2, 3 and 4 informed the counsel for the petitioner no. 1 sri s.l. paul that he will no more be required for further investigation. yet they issued another ..... nos. 1 and 2 by beating and torturing them. one rafaqat ali, who was standing outside the office building of the respondent no. 4, informed the wife of the petitioner no. 1 at jhansi, about his illegal detention and apprehension of beating and torture on phone at late night of 21st ..... assistance of his lawyer or his friends his constitutional right under article 21 is voilated.... the purpose of the enquiry under the customs act and the other similar statues will be completely frustrated if the whims of the persons in possession of useful information for the departments are allowed to prevail. for ..... court or tribunal :-(a) proceeds to act without or in excess of jurisdiction,(b) proceeds to act in violation of the rules of natural justice,(c) proceeds to act under law which is itself ultra vires or unconstitutional, or(d) proceeds to act in contravention of fundamental rights.28. the hon'ble supreme court .....

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Mar 21 1997 (HC)

Pradeep Kumar Har Saran Lal Vs. Assessing Officer

Court : Allahabad

Decided on : Mar-21-1997

Reported in : (1997)141CTR(All)37; [1998]229ITR46(All); [1997]94TAXMAN124(All)

..... the return, accounts, or documents accompanying it ; (ii) to allow any loss carried forward, deduction, allowance or relief, which, on the basis of the information available in such return and the accompanying documents is prima facie admissible, but which is notclaimed in the return ; and (iii) to disallow any loss carried ..... has been acknowledged and after making permissible adjustment, the petitioner has been accordingly informed. no assessment either summary or otherwise but merely acting upon the return filed by an assessee except making permissible adjustments wholly compatible with the information furnished under the return, is the essence of section 143(1)(a).18 ..... assessment has been done away with and only an intimation has to be sent by the assessing officer. since there is no assessment, the right of an assessee to object to a summary assessment has also been deleted.15. per section 143(1)(a) as it was in force ..... with effect from april 1, 1980. as a result of that amendment only arithmetical errors could be corrected. the previous provision relating to the right of the assessee to object to such assessment was also retained.14. as compared to the position that obtained under and up to the amendment ..... the petitioner to disclose fully and truly all material facts in the return, the impugned notice under section 148 was rightly given.10. sri vikram gulati, counsel for the petitioner, submits that profits worked out by the assessing officer applying the provisions of section 44ac .....

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Apr 15 1997 (HC)

Devendra Kumar Misra Vs. State of U.P.

Court : Allahabad

Decided on : Apr-15-1997

Reported in : 1998CriLJ2348

..... , right to be searched in the presence of a magistrate or a gazetted officer, can be taken aid of ..... cannot derive any benefit even if he was informed of his right under section 50 of the n.d.p.s. act after the search had already been effected. as a matter of fact ..... begin with, mooted the point that provisions of section 50 of the n.d.p.s. act were not observed in compliance, but soon retracted and relented on being pointed out that the search in the instant case was not the result of any prior information and the recovery of the contraband was a chance recovery and in the circumstances, the applicant ..... by a suspect only when the suspect is apprehended on the basis of a prior information of the contraband being smuggled.3. the .....

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Oct 20 1997 (HC)

Baru (Since Deceased) and anr. Vs. Tej Pal and ors.

Court : Allahabad

Decided on : Oct-20-1997

Reported in : AIR1998All230

..... hence, the presumption of death can safely be drawn. this contention, however, cannot be accepted for the obvious reason that it is not an information given in second appeal from which presumption of death is to be drawn. on the other hand, it has to be seen whether on the ..... and also sold his movable properties. whereabouts of yadram thereafter was not known. it was apprehended that yadram was either abducted or murdered. first information report was lodged with the police and case was registered against tej pal. the plaintiffs are cousin brothers of yadram. they claimed to be reversioners ..... learned counsel for the appellants was heard and record was perused.8. the first question for determination in this appeal is whether the appellants had right to sue. for determining this question certain dates are material. the suit was filed on 31-1-1978. the deed of adoption was executed ..... on inimical terms with the plaintiffs. the plaintiffs wanted to grab the property of yadram. it was also pleaded that the plaintiffs had no right to sue.4. the trial court decreed the suit and cancelled the adoption-deed and also granted consequential reliefs. an appeal was preferred which was ..... 19-5-1977. evidently, the lower appellate court rightly observed that the appellants are cousins of yadram. yadram isexecutant of the adoption-deed. the lower appellate court has, therefore, rightly observed that according to section 171(f) of u.p.z.a. & l.r. act the plaintiffs-appellants could not be the heirs .....

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Mar 06 1997 (HC)

Rashid Ahmad Khan Vs. Tej NaraIn and anr.

Court : Allahabad

Decided on : Mar-06-1997

Reported in : (1997)3UPLBEC1558

..... between two parties ; the proceeding is primarily between the court and the person who is alleged to have committed contempt of court. the person who informs the court or brings to the notice of the court that anyone has committed contempt of such court is not in the position of a prosecutor; ..... 25-7-1995. therefore the learned tribunal committed a mistake by mentioning that a prima facie contempt is made out. this court has jurisdiction to set right the wrong committed by the tribunal in its order.10. in the result the appeal is dismissed. however, it is directed that the tribunal shall consider ..... merely initiating the proceedings without anything further does not decide anything against the alleged contemner and cannot be appealed against as a matter of right under section 19.(ii) state of maharashtra v. mehboob alibhoy, (1986) 4 scc 411. in para 4 of this case the hon'ble supreme ..... facie view that the case is a fit one for drawing up the proceeding, does not decide any question. no appeal lies as a matter of right from the order of the high court in proceedings for contempt. there may be many interlocutory orders but all of them are not appealable the order ..... in this case it was held that the order appealed against under section 19 of the contempt of courts act is such that it decides some bone of contention raised before the high court affecting the right of the party aggrieved mere initiation of a proceeding for contempt by the issuance of the notice on .....

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Feb 03 1997 (HC)

Noor Ali and Others Vs. Additional District Magistrate (Executive), Va ...

Court : Allahabad

Decided on : Feb-03-1997

Reported in : AIR1997All347

..... the judgment we would like to observe that a copy of this judgment be sent to secretary (revenue), govern men i of u. p. for information and necessary action that the government may like to survey whether proper utilisation of the land under bhoodan movement has been made and it has been given to ..... to again go into the arguments of the learned counsel' for the petitioners. section 49 of the u. p. consolidation of holdings act deals with the declaration and adjudication of the right of the tenure holder in respect of land lying in the area for which a notification has been issued under section 4(2).16 ..... (air 1988 sc 2239 at p. 2244) (supra):--'the fundamental principle of the bhoodan yagna movement is that all children of the soil have an equal right over the mother earth, in the same way as those born of a mother have over her. it is, therefore, essential that the entire land of ..... whether their holding does not exceed 1 acre in bhoodan yagna. so land was granted in ignoring the basic/fundamental condition of statute and thecollcctor was right within his power to the grant. it is not a ease of no evidence where the collector has given its finding. the collector has exercised the ..... may-(i) cancel the grant, and on such cancellation, notwithstanding anything contained in section 14 or in any other law for the time being in force, the rights, title, and, interest of the grantee or any person claiming through him in such lands shall cease, and the land shall revert to the committee; and .....

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