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The petitioner owned premises which were in the occupation of a tenant. The tenant vacated the premises and delivered possession to the petitioner who moved into actual occupation and informed the authorities. Thereafter, the District Magistrate passed an order of requisition of these premises, without any enquiry as to whether the petitioner had any other alternative accommodation, and the petitioner challenged the order. Allowing the petition, HELD : (1) The petitioner was in actual res...
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Case Law
Madan Gopal Agarwal VS. District Magistrate, Allahabad And Others
Recurso nº 6690, Ponente Dwivedi
The appellant's house in Allahabad was let out to the State Government for a period of five years. Soon after the expiry of the period of lease in September 1969 the District Magistrate passed an order under s.3 of the U.P. (Temporary) Accommodation Requisition Act 1947 requisitioning the house to provide accommodation to a public servant. The appellant was asked to hand over possession of the house 'Within 24 hours after the expiry of 15 days from the date of the service of the order o...
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The appellant was an officer in the Mysore State Service. In 1967, when he had passed the age of 50 years he was compulsorily retired in terms of r. 285 of the Mysore Civil Service Rules read with Note I thereto, as the Government was of opinion that it was necessary in the public interest to retire him. He challenged the order on the ground, inter alia, that there was violation of natural justice in that the appellant was not informed of the evidence on which the order was based and no...
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% Controversies relating to the seniority of the officers in the Indian Forest Service (I.F.S., for short) in this batch of cases from the States of Maharashtra, orissa and Uttar Pradesh, arose as asequal to three decisions of this Court in regard to the constitution of the Indian Forest Service, in Kraipak v. Union of India, AIR 1970 SC 150; Parvez Qadir v. Union of India, [1972] 2 SCR 432 and Union of India v. Chothia, [1978] 3 SCR 652. The Court had to consider in these cases the ques...
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In pursuance of the Indian Forest Service (Initial Recruitment) Regulation, 1966, framed under r. 4(1) of the Indian Forest Service (Recruitment) Rules made under the All India Services Act, 1951, a Special Selection Board was constituted for selecting officers to the Indian Forest Service in the senior and junior scales from officers serving in the forest department of the State of Jammu and Kashmir. One of the members of the Board was the Chief Conservator of Forests of the Stat...
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The petitioner was found guilty by the Court Martial (acting under the Army Act) under section 392 IPC of committing robberies of a bank property and the private property of the Manager and peons of the Batik during the period of the liberation of Bangladesh, in Bangla Desh. The Court Martial sentenced the petitioner 'to be cashiered'. When the matter went to the Officer Commanding under whom the petitioner was working as an Officer, for confirmation of the sentence u/s 153 of the Act, h...
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Case Law
Jaswant Singh Nerwal Etc. VS. State Of Punjab And Ors. Etc.
Recurso nº 12814, Ponente Punchhi,m.M.
For the recruitment of 71 officers in the Punjab Civil Services (Executive Branch) and Allied Services, the Punjab Public Service Commission, at the behest of the State of Punjab, held a competitive examination. As per the requirement of the Punjab Civil Services (Executive Branch) Rules, 1930, the applying candidates specified the posts in order of preference in their respective applications. One such candidate, appellant V.M. Bansal, who had initially indicated his first preferen...
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By incorporating s. 2-A in the All India Services Act, 1961 the Indian Forest Service was constituted as an All India Service. The Government of India made the Indian Forest Service (Cadre) Rules, 1966 and the Indian Forest Service (Recruitment) Rules, 1966. By Rule 3 of the Cadre Rules the Indian Forest Service was constituted for each State and was referred to as the State cadre. After the commencement of the Recruitment Rules the Central Government was enjoined under Rule 4(1) of the Rec...
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The respondent, a Section Officer in the office of the Chief Controller of Import and Exports, was communicated adverse remarks for the year 1984. He made a representation against the adverse remarks but the same was rejected by the Ministry of Commerce by its order dated 6.1.1986. Thereafter he made a Memorial to the President and the Government by its order dated 14.8.86 partially expunged the adverse remarks. The respondent filed a petition before the Central Administrative Trubunal chal...
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Case Law
The Tulsipur Sugar Co. Ltd. VS. The Notified Area Committee, Tulsipur
Recurso nº 4594, Ponente Venkataramiah,e.S. (J)
The plaintiff (appellant) was a sugar manufacturer with its factory in a suburb of Tulsipur Town. By a notification issued on August 22, 1955 under section 3 of the U.P. Town Area Act, 1914 the limits of the Tulsipur Town were extended bringing the factory area within the jurisdiction of the Town Area Committee. In October, 1959 a draft notification was issued by which objections and representations to the levy of octroi on goods brought into the limits of the Town Area Committee for the p...
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