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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 2005 Page 1 of about 346 results (0.030 seconds)

Nov 08 2005 (HC)

Mithlesh Kumar Tripathi S/O Late Shri V.S. Tripathi Vs. the Commission ...

Court : Allahabad

Decided on : Nov-08-2005

Reported in : (2005)199CTR(All)511; [2006]280ITR16(All)

..... as the point under consideration has not been adjudicated, directly or indirectly, by the apex court.54. learned counsel for the petitioner also referred to the provisions of 'the right to information act, 2005' to emphasise that the petitioner is entitled to have the specific information namely the reasons along with notice but did not elaborate and pressed his point on the basis of said ..... act.55. on behalf of the petitioner, however, it is submitted that it is not only 'unfair' but also uncalled for on the part of the revenue to presume all 'assessees ..... that situation, we find no good reason not to communicate reasons with notice under section 148(2) of the act in as much as the apprehension, if any, to destroy material/informant subsequently also cannot be ruled out particularly when 'assessee' has a right to amend later his return at any stage.62. learned counsel for the department submitted that this court, may ..... is submitted that the reasons for initiating proceedings under section 147 have been sent to the petitioner long back on 26.7.2005. the petitioner has a right to obtain the reasons for initiating proceeding under section 147 of the act. as held by the hon'ble supreme court in the case of g.k.n. driveshafis (india), 259 i.t.r. 19 .....

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Aug 18 2005 (HC)

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Decided on : Aug-18-2005

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... up to these objectives, even though they have been reminded to adhere to objectivity in such matters. even before the parliament had framed the right to information act 2002 which has now been replaced by the central act no. 22 of 2005, the u.p. government had framed a code in the shape of guidelines known as the uttar pradesh code of practice on access ..... to information act, 2000. all government departments including local bodies are enjoined with the obligation to provide information to an individual including access to all such material to ensure ..... law intended.' it means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others, which intent is manifested by its injurious acts, (vide jaichand lal sethia v. the state of west bengal and ors., : 1967crilj520 ; a.d.m. jabalpur v. shiv kant shukla, : 1976crilj945 ; state of a ..... the angle that in case the order had been passed by the state government in favour of the petitioner, could the upadhyaksha have claimed any right to challenge such an order. looking to the provisions of the act that an upadhyaksha can only occupy the office of adhyaksha upon a casual vacancy, it is obvious that the answer to the aforesaid question .....

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May 10 2005 (HC)

Laxmi Transport Co. and ors. Vs. Chief Operation Manager and anr.

Court : Allahabad

Decided on : May-10-2005

Reported in : 2005(3)ESC1685

..... any discernible principle which is reasonable itself shall be labeled as arbitrary. every state action must be informed by reason and it: follows that an act uninformed by reason is per se arbitrary.'7. in bannari amman sugars ltd. v. commercial tax officer and ors., (2005) 1 scc 625, the supreme court considered the scope of judicial review and also explained the doctrine ..... consideration. a restriction cannot be said to be unreasonable merely because in a given case, it operates harshly. in determining whether there is any unfairness involved, the nature of the right alleged to have been infringed, the underlying purpose of the restriction imposed, the extent and urgency of the evil sought: to be remedied thereby, the disproportion of the imposition, the ..... known grounds attracting article 14 of the constitution. but a claim based on mere legitimate expectation without anything more cannot ipso facto give a right to invoke these principles. the court further held as under :'reasonableness of restriction is to be determined in an objective manner and from the standpoint of interests of the ..... substantive expectation, is irrational or perverse or one, which no reasonable person could have made. if the denial of legitimate expectation in a given case amounts to denial of the right guaranteed or is arbitrary, discriminatory, unfair or biased, gross abuse of power, or in violation of the principles of natural justice, the same can be questioned on the well .....

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Nov 11 2005 (HC)

Shamsher Yadav Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Nov-11-2005

Reported in : 2006CriLJ708

..... public order. the petitioner was served with the grounds of detention on the same day i.e. 25.3.2005 by deputy jailor, district jail, mau. the petitioner was also informed by the detaining authority, respondent no. 3 that he has got a right to make a representation to the detaining authority and the state government, advisory board arid union of india under ..... sections 9, 10 and 14 of the act. the detention of the petitioner was approved by the state government on 3.4.2005 under section 3(4 ..... provided under section 3(5) of the act. the petitioner made representation on 4.4.2005 to various authorities through jailor, received in the office of the district magistrate on the same day.3. the district magistrate sought certain clarification on the said report from the superintendent of police who, in his turn, after collecting the information from s.o. concerned submitted a ..... ) of the act and the approval was sent to the .....

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Mar 23 2005 (HC)

A.H. Wheeler and Co. Pvt. Limited an Existing Company WithIn the Meani ...

Court : Allahabad

Decided on : Mar-23-2005

Reported in : 2005(4)AWC3604; 2005(3)ESC1576

..... principle which is reasonable itself shall be labeled as arbitrary. every state action must be informed by reason and it follows that an act uninformed by reason is per se arbitrary.'37. in bannari amman sugars ltd. v. commercial tax officer and ors., (2005) 1 scc 625 the supreme court considered the scope of judicial review and also explained ..... respondents, in their correspondence, have themselves recognized the long standing satisfactory contribution of the petitioners. the same ought to have been at least considered before totally repudiating the right of consideration of renewal of contract of the petitioners. there is no material to demonstrate that the earlier policy of 11th june, 2004 was in any way against the ..... results in negativing a promise or withdrawing of an undertaking is taken. the doctrine does not give scope to claim relief straightway from the administrative authorities as no crystallized right as such is involved. the protection of such legitimate expectation does not require the fulfillment of the expectation where an overriding public interest requires otherwise. in other words ..... aforesaid facts that sri gopal subramaniam, learned senior counsel for the petitioners submitted that legitimate expectation can provide a sufficient interest to apply for judicial review and when the right of renewal was curtailed by the subsequent bookstall policy dated 12.10.2004, it became imperative upon the respondents to justify the denial of such expectation. he further .....

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May 06 2005 (HC)

Virendra Kumar Kannaujiya Son of Kailash Chandra Kannaujiya and ors. V ...

Court : Allahabad

Decided on : May-06-2005

Reported in : [2005(106)FLR423]

..... was required to be filled up from the backlog quota of the schedule caste and schedule tribe candidates. based on this information, the state government sanctioned the creation of 165 supernumerary posts of constable (m) which was effective till 29.2.2005. subsequently, the state government issued an order dated 6.5.2004 cancelling the said posts on certain grounds. the state ..... -' it is not correct to say that if a number of vacancies are notified for appointment and adequate number of candidates are found fit, the successful candidates acquire an indefeasible right to be appointed which cannot be legitimately denied. ordinarily the notification merely amounts to an invitation to qualified candidates to apply for recruitment and on their selection they do not ..... so indicate, the state is under no legal duty to fill up all or any of the vacancies. however, it does not mean that the state has the licence of acting in an arbitrary manner. the decision not to fill up the vacancies has to be taken bonafide for appropriate reasons. and if the vacancies or any of them are filled ..... ) scc 47. the learned counsel further submitted that the field relating to the appointment of the dependents of the deceased employee on compassionate grounds was not occupied by the police act and therefore, the dying in harness rules 1974 was applicable in the police force.16. the controversy which is involved in the present case now revolves on the actual existence .....

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Nov 30 2005 (HC)

Digvijay Singh Son of Late Shri Ram Chandra Singh Verma, Senior Branch ...

Court : Allahabad

Decided on : Nov-30-2005

Reported in : 2006(2)AWC1501

..... his voluntary retirement on attaining the age of 58 years and pay his retiral dues etc. it also appears from letter dated 23.9.2005 that the bank had informed the petitioner about the acceptance of the resignation/voluntary retirement and he will not be entitled for any service benefits for remaining period of two ..... ors. v. the district assistant registrar, co-operative societies, etah and anr. (1980) uplbec-202.5. the bank vide letter dated 14.1.2004 informed the petitioner that he had himself applied voluntarily for retirement at the age of 58 years which was accepted and that all legal dues and benefits etc. were ..... petitioner by the court on voluntary retirement of an employee as to whether there is any provision, or rule or regulation by which he has legal right to claim service benefits up to attaining the age of 60 years in-spite of putting up paper for premature retirement which was accepted by the ..... years.9. it is not disputed that the alleged contract of service/agreement with bank is not registered under the provisions of u.p. industrial disputes act, 1947, hence it can not be enforced in law. there is no provision, rule or regulation applicable to the bank for payment of salary and ..... any service benefits or pay allowance etc. till he attains the age of superannuation. the petitioner has brought his service to an end by his own act as provided in the rules. the retirement was neither thrust upon him by the bank nor was offered to him by the bank under any retirement scheme .....

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Oct 04 2005 (HC)

Deepak Sharma S/O Sri Khem Chand Sharma Vs. State of U.P. Through Secr ...

Court : Allahabad

Decided on : Oct-04-2005

Reported in : 2005(4)AWC3806; 2005(4)ESC2333

..... to 2004 (1) scheme was placed before us and the communication dated 24th september, 2005 sent by noida to its counsel regarding the information sought by us was also produced.9. sri shashi nandan, learned senior counsel appearing in the first petition contended that a right had accrued to the petitioner upon declaration of the list of successful applicants and the letter ..... not, however, mutually exclusive. thus, discretion may be improperly fettered because irrelevant considerations have been taken into account; and where an authority hands over its discretion to another body it acts ultra vires. nor, is it possible to differentiate with precision the grounds of invalidly contained within each category'.46. in state of u.p. and ors. v. renusagar power ..... once it is proved it vitiates judgments, contracts and all transactions whatsoever;' 71. in s.p. chengalvaraya naidu v. jagannath : air1994sc853 the supreme court stated that fraud avoids all judicial acts, ecclesiastical or temporal.72. in union of india and ors. v. m. bhaskaran, 1995 suppl. (4) scc 100, the supreme court, after placing reliance upon and approving its earlier ..... that other view according to the court, is a better view....the government has to rise above the nexus of vested interests and nepotism and eschew window dressing. the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious a given situation, depending upon facts and figures, it may be .....

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Oct 28 2005 (HC)

Ambesh Balwapuri Son of Sri B.P. Balwapuri Vs. Continental Carbon Indi ...

Court : Allahabad

Decided on : Oct-28-2005

Reported in : III(2006)BC426

..... accused company, which returned it with endorsement of 'exceeds arrangement'. thereafter, the complainant banker gave information of the bouncing of cheques to the complainant company and it was received by it on 4.3.2005. the notice under the aforesaid proviso (b) for payment of the amount was given by ..... .p.c. by the court below, goes to demonstrate that vicarious liability of the chairman and the director of the accused company has been very rightly fastened upon them by the court below and the aforesaid two cases namely s.m.s. pharmaceuticals ltd. (supra) and monaben ketanbhai shah and ..... he shall not be liable for prosecution under this chapter.] (2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to ..... no. 1 and both are incharge and responsible for day to day business activities of the accused no. 1 and also responsible for the acts and omission of the accused company concerning the conduct of its business in the relevant time. they also have been actively dealing with the ..... are that the opposite party has filed the aforesaid criminal complaint case against the petitioner for the offence punishable under section 138 negotiable instruments act, alleging that the aforesaid two companies had entered into the business transactions for certain supply of materials by the complainant to the accused company .....

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Jul 25 2005 (HC)

Allahabad College of Engineering and Management Through Its Co-ordinat ...

Court : Allahabad

Decided on : Jul-25-2005

Reported in : 2005(4)ESC2298

..... the chancellor to pass such an order under section 68 of the act particularly when the universities did not respond at all to the communication dated 16th april, 2005 sent by the chancellor to all the universities seeking information regarding the running of the study ' centres; that none of ..... referred to as the 'rohilkhand university') inviting applications from prospective institutions/societies/trusts to start study centres for certificate/diploma/degree courses in engineering, information technology, management, para-medical and fashion designing, it submitted an application in the prescribed form for starting the study centre. the authorization letter dated ..... be recognized. it is for this purpose that the right to confer degree has been given under section 22 of the ugc act only to a university established or incorporated by or under a central act, provincial act or state act or an institution deemed to be a university under section ..... satisfy itself by periodical inspection and otherwise that those conditions are satisfied.15. section 8 of the act deals with visitation. it provides that the state government shall have the right to cause any inspection to be made by such person or persons as it may direct, of ..... in universities.'11. section 22 of the ugc act, stipulates that the right to confer or grant degree can be exercised by a university or an institution deemed to be a university or by an institution specially empowered by an act of parliament to confer or grant degrees. as .....

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