Court : Allahabad
Decided on : Apr-22-2003
Reported in : 2003CriLJ4944
..... 23rd may, 2001 and this fact was not in the knowledge of the detenu, the petitioner could obviously not have made representation prior to the approval unless he was informed of his right that he could make such representation.'35. in habeas corpus writ petition no. 32237 of 2002 dilip kumar srivastava v. adhikshak kendriya karagar, naini, allahabad , and in case of ..... of detention issued under the provisions of cofeposa.' (vide para 8 of jt report).'this being the position, it goes without saying that even under the maharashtra act a detenu will have a right to make a representation to the detaining authority . so long as the order of detention has not been approved by the state government and consequently non communication of ..... a case where an order of detention is issued by an officer other than the state government under sub-section (2) of section 3 of the maharashtra act would constitute an infraction of valuable right of the detenu under article 22f5) of the constitution and the ratio of the constitution bench decision of this court in kamlesh kumar's case (supra) would ..... bail of indulging them in similar activities prejudicial to the maintenance of public order.6. on account of above the detaining authority was satisfied that detention of petitioner under the act was essential for preventing the petitioners from indulging in activities prejudicial to maintenance of public order.7. each of the petitioner was separately communicated that in case he wanted to .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-19-2003
Reported in : 129CompCas977(All); 51SCL438(All)
..... was advertised and a post box was requested in itself could not mean that the company acted sincerely and seriously or took any positive and effective steps for implementing the scheme, particularly when despite information being furnished by a large number of share holders/members about their dues in pursuance to ..... in the company's accounts but to the detriment of the investors and without protecting their rights, almost the entire money was transferred in the accounts of the sister concerns leaving no money for return to the investors in the company ..... company with assured interest and assured payment on maturity or on demand, as per the various schemes. it is also established and has rightly been found by the learned company judge that the company incessantly collected amounts from the public and the huge amounts collected were not retained ..... other companies and the effect thereof would be considered in the later part of the judgment.40. under the circumstances, the company judge rightly found that it was amply established from the record that the company collected huge amount from its members/depositors on representation of highly lucrative schemes ..... directors attended the proceedings despite themselves having come to the board for getting the scheme approved for payment, the investors were well within their right to approach the court for winding up of the company on the ground that the company has failed to make the payment and it .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-25-2003
Reported in : 2004CriLJ1552
..... incident could have been clinched had the investigating officer inspector k. p. rai pw-6 sent the plain and blood stained earth, which he seized from the house of the informant, to the chemical analyst. however, in his cross-examination the investigating officer candidly admitted that he did not send the same to the chemical analyst. neither he furnished any reason ..... asrey and ram niwas came to the place of the incident and reprimanded the appellants, who thereafter ran away. thereafter, the informant, along with his brother maharajdin, who was precariously injured, his other brother sitaram, and his mother smt. patti on an ikka proceeded for police station kadipur. on the way, maharajdin ..... ballam appellant mohd. omar with a banka, along with appellants satan, mohan, kheladi alias khelawan, ram sukh and birju armed with lathis, came and started assaulting maharajdin and sitaram. the informant raised cries, hearing which his mother smt. patti rushed to save maharajdin and sitaram. when she intervened, the aforesaid seven persons also assaulted her. hearing the cries, acchey lal, ram ..... to prove its case beyond all reasonable doubt, the latter discharges its burden if on a preponderance of probabilities it can be shown that the accused may have acted in the exercise of right of private defence.12. in our view, the defence has discharged the said burden in the instant case on the basis of :--(a) the substantial injuries sustained by .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-07-2003
Reported in : 2003CriLJ1854
..... the contents of paras 16, 17 and 18 are false, frivolous and incorrect, hence denied. it is wholly incorrect to say that the petitioner was not informed about the right and period in which he had to make a representation to the detaining authority, before approval to the state government and also to submit a representation before ..... 3, 8 and 14 of the n.s.a. are analogous to those contained in sections 3, 8, and 14 of the m.p.d.a. act, the ratio laid down in santosh shankar acharya's case would be fully applicable. we make no bones in observing that we find the submission of mr. s ..... examined the averments contained in the rival returns considered the rival submissions and gone through the provisions contained in the n.s.a. the m.p.d.a. act and ratio laid down by the apex court in santosh shanker acharya's case (supra) and make no bones in observing that since the provisions contained in ..... c. r. no. 168/2002, under sections 147/148/149/ 302/307/452/504/506/379 i.p.c. and 3(2)(v) s.c./s.t. act, of police - station maigalganj, district kheri, instituted on the complaint dated 25-7-2002 lodged by one rajendra prassad raidas at the said police station. since in our view ..... passed by the first respondent mr. ashok kumar singh, district magistrate, kheri, detaining him under section 3(2) of the national security act (hereinafter referred to as the n.s.a. act)the detention order along with the grounds of detention, which are also dated 22-9-2002, was served on the petitioner detenu on 22 .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-11-2003
Reported in : 2004(1)AWC708; (2004)1UPLBEC600
..... the present case, it is not in dispute that the committee of management did not give any notice to the respondent no. 3 or informed him about the grounds on which he was to be superseded which was obligatory on its part as laid down by the full bench of ..... been validly made, the power should be exercised again. on 10.7.1991, when the petitioner was appointed officiating principal shrlmati meera gupta had informed the then prabandh sanchalak that she was not inclined to accept the responsibility of the post of principal on account of her domestic problems. she ..... u.p. secondary education services commission (removal of difficulties) (second) order, 1981.'9. thus, it would be seen that right from 10th july, 1991, smt. sudesh kakkar was acting as the officiating principal in the college after smt. meera gupta had declined to hold the post. no benefit can be ..... is no dispute of the fact that the two seniormost teachers had conveyed their unwillingness to be appointed as officiating principal and thus the appellant was rightly appointed as officiating principal. the appointment of the appellant as the officiating principal, therefore, was a valid exercise of power by the then prabandh ..... is permitted to function as the officiating principal of the institution but he either declines or resigns after accepting the post, he cannot claim that right to function as the officiating principal, in the aforementioned case this court had relied upon the division bench decision in the case of smt. .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-24-2003
Reported in : (2003)2UPLBEC1496
..... in para 4 of the appellate authority order, (annexure no. 11). the finding recorded in para 4 by the appellate authority confirms that the act was not of such a nature so that even any first information report should be registered. if the fact is admitted and taken as such, there was no case, in any manner granting the punishment of ..... prussia in the nineteenth century and has since been adopted in germany, france and other european countries. the european court of justice at luxembourg and the european court of human rights at stasbourg have applied the principle while judging the validity of administrative action. but, even long before the indian supreme court has applied the principle of 'proportionality' to legislative ..... action since 1950, as stated in detail below.by 'proportionality,' we mean the question whether, while regulating exercise of fundamental rights, the appropriate or least-restrictive, choice of measures has been made by the legislature or the administrator so as to achieve the object of the legislation or the purpose of ..... the court will see that the legislature and the administrative authority 'maintain a proper balance between the adverse effects which the legislation or the administrative order may have on the rights, liberties or interests of persons keeping in mind the purpose which they were intended to serve.' the legislature and the administrative authority are, however, given an area of .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-24-2003
Reported in : I(2005)BC181
..... aforesaid in the bank aforesaid on 12.11.2000 for clearing and collection but the indian bank branch city bulandshahr where the cheque was deposited again informed my client on 14.11.2000 that cheque aforesaid has been dishonoured due to insufficient funds in the account of you addressee no. 1 of this ..... revisionists. in the notice received by the accused-revisionists, the date of presentation of cheque is given as 12.11.2000 and the date of receiving information of dishonour of the cheques has been given as 14.11.2000. the copy of the original notice was filed along with the application for recalling ..... of the summoning order. the accused was within their rights in filing the objection against the summoning order as laid down in the case of k.c. mathew v. state of kerala, 1991(4) jt ..... way without examining the substance of the matter. section 138b of the act lays down that the demand for payment should be made by giving a notice in writing to the drawer of the cheque within 15 days of receipt of information by him from the bank regarding the return of the cheque as unpaid ..... days, hence the said notice is not in accordance with the provisions of the act and invalid. the learned counsel for the revisionists further argued that on the strength such notice no prosecution can proceed and the magistrate was right in recalling of the summoning order. as against this argument, learned counsel for the .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-28-2003
Reported in : AIR2003All290
..... incorporated into appropriate legislation within a specified time frame. the commission also decided to invite the secretary, ministry of rural development, to meet with the commission. in order to inform the ministry of its view on the subject. the secretary, ministry of rural development, accompanied by other senior officers of the ministry, met with the commission on 13 february ..... stages of proceedings. for dispensation or dislocation interest is payable under section 23(1-a) as additional amount and interest under sections 31 and 28 of the act to recompensate the loss of right to enjoyment of the property from the date of notification under section 23(1-a) and from the date of possession till compensation is deposited. it ..... be borne by the project authorities.(e) land to be allotted for agricultural or residential purposes to the project affected persons should be free from encumbrances. 15. the human rights commission also recommended providing for rehabilitation package. it was as under :--the commission considered the request contained in the petition carefully and agreed with the view that the settlement ..... 39 and 38, annually provide housing accommodation to them within the allocated budget and effectively and sincerely implement them using the allocations for the respective schemes so that the right to residence to them would become a reality and meaningful and the budget allocation should not either be diverted or used for any other scheme meant for other weaker sections .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-24-2003
Reported in : (2003)185CTR(All)342
..... the workmen bonus above the amount legally payable under payment of bonus act, 1965.2. it may be mentioned here that under the payment of bonus act, the bonus (which deals with profit bonus) is payable to the employees as a, matter of right and it is not sweet will of the employer to pay it ..... or not. the scheme of the payment of bonus act for calculating bonus payable to the workmen is that we have to start from the profit of ..... 190itr455(cal) similar facts, as in the present case were involved. the calcutta high court held that the payment made above the amount due under the act to keep industrial peace was allowable as a business expenditure. we are in respectful agreement with the aforesaid decision of calcutta high court.4. learned counsel for the ..... the department then submitted that the tribunal was not justified in upholding the deletion of addition of rs. 16,350 made under section 40a(9) of the act by the assessing authority which was paid as subsidy to certain clubs, of which the staff and workers of the assessee were members. in our opinion ..... may be mentioned here that even if the amount is not legally due yet it can be allowed as a business expenditure under section 37 of the act, if it is made for commercial expediency. a businessman has to incur many expenditures which are not due under any legal obligation but to facilitate the .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-05-2003
Reported in : 2004(1)AWC706
..... cannot be made, the specific reasons have to be assigned therefor. the order passed by the deputy director of consolidation is a laconic one informed with no reasons at all and the orders of consolidation officer and settlement office of consolidation also suffer from the self-same error. it is ..... the order is not informed with reasons, it would litter the mind of the litigant public with suspicion that the authority has approached the matter recklessly without application of ..... becomes nominal and the court cannot effectively consider the legality and propriety of the impugned order unless reasons for its making are disclosed. the right of a party to know the reasons for the decision of the quasi-judicial authorities is sanctified by the principles of natural justice. in case ..... further that impugned orders have been passed in antagonism of the conditions envisaged in section 19 (1) of the u. p. consolidation of holdings act. per contra, sri ramendra asthana, learned counsel representing the contesting opposite parties canvassed that the orders do not suffer from any infirmity or error and ..... the allocation of the chaks has been rightly made according to the need and necessity of the situation on the spot and having regard to the conditions envisaged in section 19 (1) of the act.4. upon a consideration of the matter in its entirety, i .....Tag this Judgment!