Court : Allahabad
Decided on : Aug-23-2005
Reported in : 2006(1)AWC460; 2005(4)ESC2449
..... sections of the society and. in particular, for the scheduled castes and the scheduled tribes. section 9, of the act no. 26 of 2005 is being quoted herein below:'9. the university shall be open to all persons of either sex and of whatever caste, creed, race or class and it shall not be ..... on 4th january, 2000. the commission forwarded its recommendation to the state government on 30,10.2000. before the recommendation could be acted upon, the separate state of uttaranchal came into existence on 9.11.2000. the u.p. government forwarded the recommendation of its public service commission in respect of the ..... union of india, reported in : (1992)iillj18sc (paragraph 7, 8,10 and 11) as well as in the judgment reported in : air2003sc4062 ; state of uttaranchal and ors. v. sidharth srivastava and ors. (paragraph 22), has reiterated the said legal proposition time and again.33. therefore the candidates selected on the strength of ..... selection process have to be applied in making selections but that does not help the non-official respondents in seeking appointments by the state of uttaranchal on the basis of selection made by u.p. psc.'32. mere inclusion in the merit list itself does not confer any indefeasible right ..... selection cannot come in the way of earmarked vacancies fo' the kill region of u.p. which became an integral part of the state of uttaranchal. this is an untenable grievance in view of the discussion made above while dealing with the question whether the selection made by u.p. psc .....Tag this Judgment!
Court : Uttaranchal
Decided on : Dec-20-2005
Reported in : AIR2006Utr49
..... as the state chief information commissioner. the said order was issued by the government of uttaranchal in exercise of its power under section 15(3) of the right to information act, 2005 (hereinafter referred to as the act). according to annexure-3 order the appointment of the second respondent as state chief information ..... commissioner and his continuance as state chief information commissioner, are in violation of sub-section (6) of section 15 of the right to information act, 2005 which provides that the state chief information commissioner shall not hold any other office of profit. according to the petitioner, the second respondent is disqualified ..... issuing a writ of quo warranto were explained by this court in the judgment in writ petition no. 137 of 2005 (s/b) vijay kumar srivastava v. state of uttaranchal reported in 2005 (2) ud 160. paragraph-12 of the said judgment is extracted hereunder:12. a writ of quo warranto is ..... made cannot be examined.5. in this context it is also useful to refer to the decision of the hon'ble supreme court in the university of mysore v. c.d. govinda rao manu/sc/0268/1963 : 4scr575 wherein a constitution bench of the supreme court has held that ..... prayer for permanently restraining the second respondent from holding or discharging any functions or duties of the office of state chief information commissioner, uttaranchal.2. according, to the petitioner, the second respondent sri r. s. tolia is a member of the indian administrative service of 1971 .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jun-07-2005
Reported in : 2005CriLJ3660
..... the constitution. it is further pertinent to mention here that the petitions under section 482 cr. p.c. are cognizable by a single judge in uttaranchal high court whereas the criminal writ petitions for quashing the fir are concerned are filed before a division bench in this high court.5. at ..... ) and approved observations made in the said judgment.15. in bhajan lal's case (1992 cri lj 527) the decision of the supreme court in kurushetra university v. state of haryana reported in manu/sc/0102/1977 : 1977crilj1900 had disapproved the quashing of fir at the premature stage under section 482, cr.p ..... order with the direction to the concerned sho, vasant vihar, dehradun to register the case and investigate the matter according to law on 17-1-2005 and consequently an fir has been lodged in pursuance of the said order. feeling aggrieved by the said fir the present petition has been preferred under ..... offence in discharging the accused, even before the trial was conducted on merits, on the ground that the provisions of section 50 of the narcotic act had not been complied with. the apex court considered the question as to whether the high court would be justified in exercising its inherent powers ..... that the only powers possessed by the court are those expressly conferred by the criminal procedure code, and that no inherent power had survived the passing of that act. no doubt, if no cognizable offence is disclosed, and still more if no offence of any kind is disclosed, the police would have no .....Tag this Judgment!
Court : Uttaranchal
Decided on : May-06-2005
Reported in : (2006)IILLJ509UC
..... was no more in existence on the appointed day, thus there was no question of its applicability on the state of uttaranchal, under section 86 of the u.p. reorganisation act, 2000 and as such the impugned order deserved to be set aside on this score alone.in the counter-affidavit the ..... framing issue in this regard. the very purpose of the meaning of 'conciliation' as defined under section 4-f of the u.p. industrial disputes act shall be taken away, in case he is allowed to adjudicate the matter on merits. thus in the dictionary meaning conciliation' means 'bringing of ..... . further reliance has been placed on the government order dated december 31, 1958 while rejecting the application under section 2-a of the industrial disputes act, where the matter requires reference of dispute to conciliation board, it provides that no such application shall ordinarily be entertained, if it is in respect ..... , the reasons given by the state government to decline reference are beyond the powers of the government under the relevant sections of the industrial disputes act. what the state government has done in this case is not a prima facie examination of the merits of the question involved. to say that ..... of the service from the bank and his appeal was dismissed, thereafter, an application was filed before the state government under section 10 of the act. however, in the aforesaid judgment, the apex court has observed that law does not prescribe any time limit for the appropriate government to exercise its .....Tag this Judgment!
Court : Delhi
Decided on : Sep-16-2005
Reported in : 2005(3)ARBLR234(Delhi); 124(2005)DLT337; 2005(84)DRJ377
..... of the firm was left out inadvertently. the respondent appealed to high court of uttaranchal which disposed of the appeal by observing that since arbitration and conciliation act 1996 has come into force, it will be open to the parties to approach the chief justice or his nominated judges. in ..... be paid for the work executed and not any right arising only from the objectionable contract at the post award stage. in the opening sentence of para 9 supreme court has categorically declared that 'the prohibition contained in section 69 is in respect of instituting a proceeding ..... tribunal on the point is unexceptionable.7. now coming to question regarding maintainability of this petition under section 34 of the arbitration & conciliation act 1996, learned counsel for the respondent contended that in the impugned order learned arbitral tribunal itself has treated it as a question of jurisdiction. ..... vi ad (delhi) 256 it was held that a decision by the arbitrator that counter claim filed by the opposite side stood settled and, thereforee, not arbitrable, does not amount to a jurisdictional plea within the meaning of section 16(2) 16(3) of the act and an ..... act which creates a bar only to the institution of a suit or any other proceedings in the court by an unregistered firm. in the very next sentence the supreme court observed , ' case before us cannot be said to be one such'. in the case of national thermal power corporation ltd. (ntpc) v. siemens atiengesellschaft (sag) 2005 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-21-2005
Reported in : AIR2005SC2491; 2005(5)ALLMR(SC)822; 2005(3)AWC2212(SC); 2005(3)ESC323; [2005(105)FLR969]; JT2005(4)SC516; (2005)11SCC465; 2005(3)SLJ176(SC); (2005)2UPLBEC1413
..... form 13. the respondent has herself signed the page at serial no. 8, whereas the entry relating to the date of birth is at serial no.5.'2. state of uttaranchal and ors. v. pitamber dutt semwal, (2002) 1 uplbec 441 sc. in this case, here again, this court was considering rule 2 of the u.p. recruitment service (determination of ..... alteration after the commencement of the rules even on the basis of the extracts of entry contained in births and deaths register maintained under births, deaths and marriages registration act, 1886 was not open. 6. union of india v. harnam singh : (1994)illj318sc .in this case, there was a delay of five years in seeking for alteration prescribed in note 5 to .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jun-27-2005
Reported in : 2006(1)AWC1107(UHC)
..... period 1.7.1989 to 30.6.1992. it is further stated that the college is governed by u.p. state universities act, 1973. and the statute of h.n.b. garhwal university. in the counter-affidavit, attention of the court has been drawn to section 16(1) of u.p. higher education ..... lalita prasad pandey, lecturer in sanskrit was officiating as principal of the college. from the supplementary-counter-affidavit, filed on behalf of the government of uttaranchal read with government order no. 2304/ek0l0fo0/2001 dated 16.8.2001, it is established that the omkaranand saraswati maha vidyala is no more a ..... through standing counsel, pertaining to the omkaranand saraswati government degree college, shows that the college in question has been taken over by the government of uttaranchal and it has become government degree college with said name. the record shows that at present one shri g. n. lohni is the principal in ..... since on 16.8.2001, when the institute was transferred to the government, the petitioner was not in service, as such the government of uttaranchal is not liable to make payment of salary to the employees, whose services were not amalgamated as per the terms of government order dated 25. ..... situated petitioners have been given relief by the allahabad high court.6. a supplementary-counter-affidavit, is filed on behalf of the government of uttaranchal in which it has been stated that since the management of omkaranand saraswati degree college, made a request to the government to take over and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-26-2005
Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1
..... commercial ventures.what we have stated above is also applicable to submissions made on behalf of grid corporation of orissa (gridco), state of uttaranchal and state of madhya pradesh. we are unable to accept the submission that wherever the government is the user agency in notified forest area ..... informed that eminent faculty members in the institute are engaged in the field of research and ms.kanchan chopra, (ph.d. economics, university of delhi) is one such faculty member and her field of specialization is resources and environmental economics, agriculture and rural development and project ..... in preserving the said national wealth, the commission decided to recommend a grant of rupees 1000 crores spread over the award period 2005-2010 for maintenance of forest. this would be over and above what the states have been spending through their forest departments. the ..... presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex ..... of the forest land diverted for non- forestry purposes shall also be recovered from the user agencies, while according approval under the forest (conservation) act, 1980; (b) a 'compensatory afforestation fund' shall be created in which all the monies received from the user-agencies towards compensatory afforestation, .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jul-08-2005
Reported in : AIR2005Utr76
..... ' (ahmad lodge) measuring 4.56 acre land was acquired by the state for construction of residential buildings of the kumaun university following the notification under section 4 of the act issued on 31-5-1980. it is also not disputed that this property lay in sukhatal area within the municipal limits ..... grossly under-valued. the situation of the land is very good. there are so many hotels, officers, schools and is adjacent to the kumaon university administrative block. having regard to the locality, location and potentiality of the land and property, the claimants asked for the value of the land ..... submission of the learned counsel for the state appellant is not tenable. we are of the considered view that section 51a of the land acquisition act, 1894 permits the production of a certified copy of the registered sale transaction in evidence without examination of the vendor and vendee. the genuineness ..... under acquisition, the apex court in the case of h.p. housing board v. bharat s. negi, manu/sc/0066/2004 : air2004sc1800 observed that 'land acquisition act, 1894, section 23 -- compensation -- market value --determination of -- comparable sales method -- average of comparable sale instances -- held, while computing market value, all ..... collector is not final but. is only a prima facie assessment and it is open to both the authority or the person seeking to enhance the actual market value as per section 23 of the act. the circle rate fixed by the collector is only a guideline and would only .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-10-2005
Reported in : (2005)140PLR70
..... aforesaid provisions, be maintainable and, therefore, the writ petition cannot succeed. in view of the admitted case that the petitioner took over as the chairman of the public service tribunal, uttaranchal w.e.f. 31.3.2001 and thereafter has been working as executive chairman of the legal services authority, there is no warrant for awarding him compensation for the unexpired ..... 3) on ceasing to hold office, the lokpal shall be ineligible for further employment in any capacity under the state government or any local authority, co-operative society, government company, university, statutory corporation under the administrative control of the state government.4) there shall be paid to the lokpal such salary as may be prescribed.5) the allowances payable to, and ..... have been set out in paras 27.7. and 27.8 above. in a limited class of cases article 310(2) expressly overrides those consequences as is clear, from the opening words 'notwithstanding that a person holding a civil post.... holds office during the pleasure of the president or .. the governor of the state'. unless authorised by law, a fixed ..... class of cases that the expression 'colourable legislation' has been applied in certain judicial pronouncements. the expression means that although apparently a legislature in passing a statute which purports to act within the limits of its powers, yet in substance and in reality it transgresses those powers, the transgression being veiled by what appears, on proper examination, to be mere .....Tag this Judgment!