Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Sch.VII List III Entry 25, Sch.VII List I Entry 66, Art. 14, Art.226

Act Name - Medical Council Act, 1956, 1956

Section - S.33

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S.28(5)

Questions Referred

1. Whether the power to frame Rules or Regulations pertaining to migration/ transfer comes within the scope and field of Entry 66 of List I ?

2. If it is so, whether the provisions of the said Chapter V have been framed under the Regulation making powers conferred by Section 33 of the Act ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.215, Art.226, Art.229, Art.229 (2)

Act Name - Officer and Staff (Condition of Services and Conduct) Rules,

Section - R.1

Act Name - Uttar Pradesh Industrial Disputes Act, 1947, 1947

Section - S.2K, S.6N, S. 10 (1)

Questions Referred

1. Whether the High Court exercises regal or sovereign functions or it merely renders service to the people in discharge of its duties ?

2. Whether the High Court of Judicature at Allahabad is divisible in two separate parts namely the judicial side and other the administrative side ?

3. Whether the Administrative Wing of the High Court which includes Class III and Class IVth employees, fulfils the requirement in order to constitute industry as defined in under Section 10(1) of the U.P. Industrial Disputes Act ?

4. Whether the provisions of the U.P. Industrial Disputes Act can be applied to the staff including Class III and Class IVth employees, working in the High Court on the administrative side for whom power to frame rules has been conferred on the Chief Justice of the High Court by Article 229 of the Constitution or subject to the law made by the State Legislature?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 13 (3)

Act Name - Indian Contract Act, 1872, 1872

Section - S.23, S.2, S.10

Act Name - Transfer of Property Act, 1882, 1882

Section - S.105, S.6(h)

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act , 1972, 1972

Section - S.11, S.13, S.17, S.31

Questions Referred

1. Whether an agreement of lease between the landlord and the tenant for letting and occupation of a building in contravention of the provisions of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 is void?

2. Whether the said agreement is enforceable in law and a decree for ejectment of the tenant can be passed in favour of the landlord oil the basis thereof?

Subject

Statutes

Act Name - Indian Penal Code, 1860, 1860

Section - S.498A, S.304B, S.300, S.302

Act Name - Dowry Prohibition Act, 1961, 1961

Section - S.4

Act Name - Indian Evidence Act, 1872, 1872

Section - S.113B

Questions Referred

(1) Would Section 304-B  I.P.C. apply to the facts of the present case ?

(2) Can a charge under S. 302, IPC co-exist with the charge under S. 304-B, IPC ?

(3) Can Section 113-B of the Indian Evidence Act be attracted to the facts of the present case even if it is held that S. 304-B, IPC. would not be attracted ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.309 Proviso, Art.14, Art.21, Art.22

Act Name - Uttar Pradesh Civil Services (Classification, Control and Appeal) Rules, 1930,

Section - R.49A

Questions Referred

1. Whether sub-clause (a) of sub-rule (2) of Rule 49-A of the Civil Services (Classification, Control and Appeal) Rules, 1930 as applicable in Uttar Pradesh is violative of Articles 14 and 21 of the Constitution of India and null and viod?

2. Whether the legal fiction envisaged under Rule 49-A (2)(a) or (b) can come into play even in the absence of an order of suspension passed in writing?

Subject

Statutes

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S.16A(7)

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.VIII R.5

Questions Referred

Whether the Deputy Director of Education can be said to be functioning as a Tribunal within the meaning of Rule 5 in Chapter VIII of the Allahabad High Court Rules, while exercising the powers conferred on him under sub-section (7) of Section 16-A of the U.P. Intermediate Education Act, 1921?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.30(1)

Act Name - Indian Evidence Act, 1872, 1872

Section - S.114

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S.16G(3)(a)

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.V R.6

Questions Referred

Whether Section 16-G(3)(a) of U. P. Intermediate Education Act, 1921, is applicable to a recognised and Government aided minority institution which provides for taking of the prior approval of the District Inspector of Schools in writing before discharging, removing or dismissing from service or reducing in rank or subjecting to any diminution in emoluments or terminating the service of a teacher of a recognised institution under the Act?

Subject

Statutes

Act Name - Mines and Minerals (Development and Regulation) Act, 1957, 1957

Section - S.15

Act Name - Uttar Pradesh Minor Minerals (Concession) Rules, 1963,

Section - R.27, R.27A

Questions Referred

Whether in the judgment rendered on 19th of February, 1996 in Civil Misc. Writ Petn. No. 3659 of 1996* (Rameshwar v. The Zila Adhikari/Prabhari Adhikari (Khanij) Fatehpur) this Court has laid down as a proposition of law that for grant of short term mining permit under Chapter VI of the U. P. Minor Minerals (Concession) Rules, 1963 (for short, the Rules) notice of not less than thirty days as laid down in Rules 27 and 27A of the said Rules has to be given and if so whether that is the correct position of law?

List of Cited Cases

• Rameshwar v. The Zila Adhikari/Prabhari Adhikari (Khanij) Fatehpur (Civil Misc. Writ Petn. No. 3659 of 1996 dated 19.02.1996)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.234

Act Name - Subordinate Civil Courts Ministerial Establishment Rules, 1947,

Section - R.15(2) Proviso 2, R.14

Questions Referred

Whether the petitioner is entitled to be absorbed in Class III service in the ministerial staff of Judgeship of Allahabad district on the basis of a short term appointment?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.8 R.3

Act Name - Code of Civil Procedure, 1908, 1908

Section - S. 98(2)

Questions Referred

Whether the reference by the Division Bench to a third Judge was incompetent and. if so, whether the judgment and decree of the learned trial Court stood confirmed under Section 98(2) of the Code of Civil Procedure and if, the judgment and decree of the trial Court have not stood so confirmed, then how the matter should proceed further?

Subject

Statutes

Act Name - Contempt of Courts Act, 1971, 1971

Section - S.2(b)

Act Name - Medical Council Act, 1956, 1956

Section - S.10A

Questions Referred

(i). Whether it was open for the State Government or this Court to have relaxed the time schedule fixed under the orders of the Apex Court in College of Professional Education (Supra), as reiterated and re-inforced in Maa Vaishno Devi Mahila Mahavidyalaya (Supra), as also the dated 25.11.2013 passed in I.A. No. 109 and 110 of 2013 in College of Professional Education, fixing 16th September, 2013, by permitting/directing declaration of results of students admitted in B.Ed Course in the Academic Session 2013-14 after 16.09.2013?

(ii). Whether the instructions of the State Government dated 28th November, 2018 could be acted upon or that it amounts to an in disobedience/derogation of the orders of the Apex Court, to above, rendering the responsible officers of the State liable to be proceeded with under contempt jurisdiction, the observations contained in para 90.2 of the Supreme Court judgment in Maa Vaishno Devi Mahila Mahavidyalaya (supra)?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.30(1)

Act Name - Uttar Pradesh Private Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act., 2006, 2006

Section - S.2

Questions Referred

(i) As to whether the regulatory measures, in the matter of admissions to unaided recognized minority institutions, to be taken by the State Government will be confined to the extent of ensuring fair and transparent procedure of admission to be adopted by the minority institutions without compromising with the merit in admissions to the courses of higher education, which will include professional and technical education, or it will extend to the extent of compelling the minority institutions to ''seat sharing' or appropriation of quota of seats with the State Government, even in absence of any ''consensual arrangement between the unaided private minority institutions and the State'?

(ii) Which of the Division Bench judgments referred to hereinabove, either the judgment dated 25.09.2014 (Special Appeal Defective No. 376 of 2014) and the judgment dated 29.08.2011 (Special Appeal No. 605 of 2011) or the judgment dated 10.03.2017 in the case of Sankalp Institute of Education (Reported in 2017 (4) ADJ 1) (supra), enunciates the correct law in respect of right of unaided recognized minority institutions to admit students in the background of the law pronounced by Hon'ble Supreme Court in the cases of T.M.A. Pai (supra) and P.A. Inamdar (supra) ?

(iii) What is the extent of authority/power of the State Government to regulate admissions of students to unaided recognized minority institutions imparting education in the courses of higher education, which includes professional and technical courses, in view of the protection available to minority institutions under Article 30(1) of the Constitution of India?

List of Cited Cases

• Sankalp Institute of Education Ghaziabad U.P. v. State of U.P., 2017 (4) ADJ 1
• T.M.A. Pai Foundation and others v. State of Karnataka and others (2002) 8 SCC 481
• P.A. Inamdar and others v. State of Maharashtra and others (2005) 6 SCC 537

Subject

Statutes

Act Name - Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, 2002

Section - S.17(1), 13(4), 13(2), 14, 18 and 35

Questions Referred

Whether an application under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'), at the instance of a borrower, is maintainable even before physical (actual) possession of the secured assets is taken by the Bank/FIs in exercise of its powers under Section 13(4) thereof read with Rule 8 of the Security Interest (Enforcement) Rules, 2002 (for short ''the Rules'')?

Subject

Statutes

Act Name - Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes), 1994, 1994

Section - S.15 (1)

Questions Referred

At what stage the caste of a candidate should be entered in the Schedule I of the U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 for him to get benefit as an OBC candidate; should it be before the notification/advertisement of the selections, or the written test, or the oral test (in case of oral test only), or the declaration of the result?

Subject

Statutes

Act Name - National Security Act, 1980, 1980

Section - S. 3(2)

Questions Referred

1. Whether an order of acquittal recorded in a criminal prosecution in respect of the detention related incident, would constitute a bar to an order of preventive detention being made grounded on the same incident?

2. Whether a judgment and order of acquittal recorded during the currency of detention in a regular trial and criminal prosecution in relation to which incident the order of preventive detention ground was passed would ipso facto render the continued detention illegal?

3. Whether this Court should refrain from entering into the question as to the effect of the order of acquittal recorded during the currency of the detention and leave it to be decided by the executive in exercise of its power under Section 14 of the Act?

Subject

Statutes

Act Name - Minimum Wages Act, 1948, 1948

Section - S. 1

Questions Referred

Whether a teacher in a private educational institution is governed by the Minimum Wages Act ?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.294

Questions Referred

Can an injury report filed by the prosecution which has been admitted to be genuine by the accused, be read as substantive evidence under Section 294 (3), Cr. P.C. ?

Subject

Statutes

Act Name - Central Excise Act, 1944, 1944

Section - S.35, S.35A, S.36

Act Name - Code of Civil Procedure, 1908, 1908

Section - S.9

Questions Referred

Whether the suit filed by the plaintiff-respondent is maintainable in the Civil Court or not?

Subject

Statutes

Act Name - Uttar Pradesh Rural Development (Requisitioning of Land) Act., 1948, 1948

Section - S.3, S.2(2)

Questions Referred

Whether land could be requisitioned under the U.P. Rural Development (Requisition of Land) Act, 1948, for the purpose of constructing a drain?

Subject

Statutes

Act Name - Indian Evidence Act, 1872, 1872

Section - S.90, S.4, S.79, S.90A, S.114

Questions Referred

Whether Sub-Section (2) of Section 90-A of the Evidence Act as amended by the U.P. Civil Laws (Reforms and Amendment Act controls the operation of Section 90(1) and (2) of the Evidence Act as amended by the said U.P. Civil Laws (Reforms and Amendment) Act, 1954?

Subject

Statutes

Act Name - Indian Evidence Act, 1872, 1872

Section - S.115

Act Name - Uttar Pradesh Excise Act , 1910, 1910

Section - S.41(c)(v), S.4(2), S.41(c)(iii)

Act Name - Uttar Pradesh Excise Manual (2nd Edn.), 1974,

Section - Vol.I Para.347

Act Name - Notification D/-20-12-1980,

Section - NA

Questions Referred

1. Whether the restriction imposed by the Excise Commissioner that all excise shops shall with effect from December 20, 1980, remain closed on Friday also, will apply to the pre-existing licensees of excise shops?

2. Whether the variation of the strength of liquor is valid?

Subject

Statutes

Act Name - Indian Evidence Act, 1872, 1872

Section - S.115

Act Name - Uttar Pradesh Trade Tax Act, 1948, 1948

Section - S.21, S.6(f)

Act Name - Uttar Pradesh Sales Tax Rules, 1948,

Section - R.77

Questions Referred

Whether under these circumstances the service of notice under Section 21 of the U.P. Sales Tax Act on a stranger would be deemed to have been properly and validly effected on the petitioner and the learned Sales Tax Officer would acquire jurisdiction to finalise the proceedings under Sec. 21 under the circumstances of the case ?

Subject

Statutes

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act , 1972, 1972

Section - S.43(2)(rr), S.21

Act Name - Uttar Pradesh (Temporary) Control of Rent and Eviction Act., 1947, 1947

Section - S.3

Questions Referred

Whether the Prescribed Authority, while exercising jurisdiction under clause (rr) of Section 43(2) of the 1972 Act, has jurisdiction to take subsequent events into consideration or to modify the permission granted under Section 3 of the 1947 Act and to evict a tenant from a portion of the building even though permission may have been granted in respect of the entire building ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226, Arts. 309, 311 (2) , Arts.309, 311(2)

Act Name - Railway Protection Force Rules, 1959,

Section - R.47

Questions Referred

Whether a delinquent Government servant was entitled to a notice against the proposed punishment in a case where the disciplinary authority had dispensed with the enquiry under the Rules?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 141

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act , 1972, 1972

Section - S.2(2)

Questions Referred

Whether the provisions of Sec.2(2) are applicable only to buildings which are brought into existence after the coming into force of U.P. Act No.13 of 1972 or they are applicable also to buildings constructed prior thereto?

Subject

Statutes

Act Name - Uttar Pradesh Zamindari Abolition and Land Reforms Act, , 1951

Section - S.21(1)(h), S.3(26

Questions Referred

Whether the benefit of Section 21 (1) (h) of the U. P. Zamindari Abolition and Land Reforms Act is available to successor-in-interest of a land-holder who was entitled to the benefit of Section 21 (1) (h) of the Act, and. if so, in what circumstances?

Subject

Statutes

Act Name - Motor Vehicles Act, 1988, 1988

Section - S.3, S.5, S.149

Questions Referred

Whether Sri Parag Gupta, who held a licence to drive a Private Car and not a Taxi,can be said to be holding an effective driving licence?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 14

Act Name - Uttar Pradesh Town Areas Act, 1914, 1914

Section - S.7A Proviso 2

Questions Referred

(1) Whether it is obligatory on the State Government to provide an opportunity of hearing to the Chairman of Town Area Committee before confirmation under second proviso to Section 7-A of the Act of the order of the District Magistrate removing him?

(ii) Whether State Government is required to pass a speaking order while confirming the order of the District Magistrate under the said above provisions?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.195(1)(b)(ii)

Questions Referred

Whether the observation of the Division Bench of this Court in the case of Ram Pal Singh v. State of U.P. and others (1982 Cri LJ 424) was not in consonance with the judgment of the Supreme Court in the case of Raghunath and others v. State of U.P. and others (AIR 1973 SC 1100)?

List of Cited Cases

• Ram Pal Singh v. State of U.P. and others (1982 Cri LJ 424)
• Raghunath and others v. State of U.P. and others (AIR 1973 SC 1100)

Subject

Statutes

Act Name - Income Tax Act, 1961, 1961

Section - S.273A

Act Name - Wealth tax Act, 1957, 1957

Section - S.18B

Questions Referred

To decide as to the meaning of the word 'voluntarily' in S. 273A of the Income-tax Act and S. 18-B of the Wealth-tax Act?

To decide whether a disclosure subsequent to search and seizure is necessarily a non-voluntary disclosure?

Subject

Statutes

Act Name - Uttar Pradesh Consolidation of Holdings Act, , 1954

Section - S.48

Questions Referred

Whether it is open for the Consolidation authorities to review/recall their final orders exercising inherent powers even though the U.P. Consolidation of Holdings Act, 1953 does not vest them any review jurisdiction ?

Subject

Statutes

Act Name - Motor Vehicles Act, 1988, 1988

Section - S.2(7), S.74

Questions Referred

Whether the petitioners, who are Mini Bus contract carriage permit-holders are entitled to pick up individual passengers at the starting point of their journey?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Industrial Disputes Act, 1947, 1947

Section - S.25F

Questions Referred

Whether a writ petition, under Art. 226 of the Constitution of India, should or should not be entertained by the High Court where the cause of action for the petition emanates from the retrenchment of a workman in violation of the provisions of S. 25-F of the Industrial Disputes Act, 1947 or S. 6N of the U.P. Industrial Disputes Act, 1947, generally, and, on the facts and circumstances of this case specifically, notwithstanding the fact that an alternative remedy under the aforesaid acts may be available to the petitioner?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.141, Art. 226

Act Name - Code of Civil Procedure, 1908, 1908

Section - S.115

Questions Referred

1. Whether the judgment of the Supreme Court reported in Qamruddin v. Rasul Baksh 1990 All WC 308 has the effect of overruling the Full Bench decision of this Court in Jupiter Chit Fund (P) Ltd. v. Dwarka Diesh, AIR 1979 All 218 as affirmed by the judgment of the Supreme Court in Vishesh Kumar v. Shanti Prasad (AIR 1980 SC 892) and Sri Vishnu Awatar v. Shiv Awatar (AIR 1980 SC 1575?

2. Whether a writ lies against a civil Court's decision ? In short whether an appellate order passed by the District Court or an order passed by it in exercise of its revisionary power conferred upon it by S. 115, C.P.C. (As amended by U.P. Amendment Act, 1978) is amenable to writ jurisdiction of this Court?

List of Cited Cases

• Qamruddin v. Rasul Baksh 1990 All WC 308
• Chit Fund (P) Ltd. v. Dwarka Diesh, AIR 1979 All 218
• Vishesh Kumar v. Shanti Prasad (AIR 1980 SC 892)
• Sri Vishnu Awatar v. Shiv Awatar (AIR 1980 SC 1575)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Essential Commodities Act, 1955, 1955

Section - S.3, S.7

Act Name - Uttar Pradesh Scheduled Commodities Distribution Order, 1990,

Section - Cl.1, Cl.4

Questions Referred

1. Whether the agreements under which the petitioners have been authorised to work as agents for the sale of scheduled commodities are statutory agreements in view of the fact that the agreements are executed in view of the statutory order notified by the State Government under S. 3/7 of the Essential Commodities Act, i.e. U.P. Scheduled Commodities Distribution Order, 1990?

2. Whether the decision given in the case of Gopal Das Sahu v. State of U.P., 1991 All LJ 498 holding that even after the coming into force of the statutory Order, 1990, the termination or suspension of the agreement will not give a cause of action to the petitioner to challenge the said Order by means of a petition under Art.226 of the Constitution of India, as neither Art. 14 of the Constitution nor the principles of natural justice are attracted, requires reconsideration in view of the decision given by the Supreme Court in the case of Kumari Shrilekha Vidyarthi v. State of U.P. (1990) 2 UPLBEC 1174 : (AIR 1991 SC 537) and the Division Bench of this Court in the case of Shyam Gas Company v. State of U.P. (AIR 1991 All 129)?

List of Cited Cases

• Gopal Das Sahu v. State of U.P., 1991 All LJ 498
• Kumari Shrilekha Vidyarthi v. State of U.P. (1990) 2 UPLBEC 1174 : (AIR 1991 SC 537)
• Shyam Gas Company v. State of U.P. (AIR 1991 All 129)

Subject

Statutes

Act Name - Uttar Pradesh Municipalities Act, , 1916

Section - S.68(1)

Act Name - Uttar Pradesh Basic Education Act, , 1972

Section - Preamble

Act Name - Uttar Pradesh Primary Education Act , 1919, 1919

Section - Preamble

Questions Referred

Whether the Basic Education Act has impliedly repealed the Primary Education Act?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.482

Questions Referred

Whether the facts disclosed in the FIR constitute the offences with which the accused have been charged?

Subject

Statutes

Act Name - Motor Vehicles Act, 1939, 1939

Section - S.110, S.110B, S.110(1), S.110E

Questions Referred

(1) What is the extent and import of the expression 'claim for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use of motor vehicles' occurring in Section 110(1) of the Motor Vehicles Act, 1939 ?

(2) Whether in an accident involving a motor vehicle, merely for the reason of being involved in the accident, a claim for compensation will lie before the Claims Tribunal constituted under Section 110 of the Motor Vehicle Act, 1939 ?

(3) What, if any, is the effect of the provisions of Section 110-B of the Act in such cases on the jurisdiction of the Claims Tribunal ?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.482, S.397

Questions Referred

(1) Whether the law laid down by this Court in Khem Singh v. Nathoo Ram Sharma, 1978 All Cri C 262 is good law, in view of the judgement of the Supreme Court in Raja Kumar Manchanda v. State of Karnataka, 1988 All Cri C 54?

(2) Whether in a case where an application under S.397, Cr. P.C. has been made by any party in the Court of Session and the application is decided against him, it is open to that party to invoke extraordinary jurisdiction of this Court under S.482, Cr. P.C. in any case seek redress against that order, despite the bar created in Sub-Section (3) of S.397 of the said Code?

List of Cited Cases

• Khem Singh v. Nathoo Ram Sharma, 1978 All Cri C 262
• Raja Kumar Manchanda v. State of Karnataka, 1988 All Cri C 54

Subject

Statutes

Act Name - Uttar Pradesh Municipalities Act, , 1916

Section - S.54(A)(1), S.54(A)(2), S.54(A)(9), S.54(1)

Questions Referred

(i) Whether election of senior and junior Vice-Presidents in a duly constituted Municipal Board, the President of which has been elected and is willing to conduct election, can be held under the provisions of Section 54(1) of the U. P. Municipalities Act by a special resolution?

(ii) If so, whether such election has to be held within a period of three months from the date of constitution of the Board or occurrence of vacancy?

(iii) If so, whether the election after the expiry of the aforesaid period has to be held under the provisions of Section 54-A of the U.P. Municipalities Act?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16, Art. 309

Act Name - Uttar Pradesh Qualifying Service for Pension and Validation Act, 2021, 2021

Section - S.2

Questions Referred

Whether work charge service rendered by an employee could be included in their regular service for the purpose of pension?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 14, Art. 225, Art. 226

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.6 R.7, Chap.21 R.1,O.8 R.5

Questions Referred

1. Whether the learned Single Judge could have entertained a Habeas Corpus writ petition against a detention in a Women Protection Home which was essentially a State detention under orders of the Magistrate and was not a private detention, keeping in view the provisions of Rule 1 of Chapter XX1 of the Allahabad High Court Rules, 1952?

2. Whether the learned Single Judge after the orders were passed on 21.2.2013 releasing Smt. Chawali, the sole petitioner in the writ petition, could have still kept the matter pending before him for monitoring and further consideration of the release of other detenues as has been ordered by the learned Single Judge in Writ Petition No.594 of 2012 ?

3. Whether the learned Single Judge inspite of the change of roster and the standing orders of Hon'ble the Chief Justice on the administrative side could have continued to assume jurisdiction of Writ Petition No.594 of 2012?

4. Whether the orders passed by the learned Single Judge after the final disposal of the case of the sole petitioner are legally sustainable and whether the learned Single Judge could have 40 proceeded with the matter like a public interest litigation ?

5. Whether such a Habeas Corpus petition can be stated to be criminal in nature, and if so, then whether a special appeal would be maintainable against an order passed by a learned Single Judge in such a petition in terms of Chapter VIII Rule 5?

6. Whether a co-ordinate bench could have entertained a fresh writ petition for the same cause of action inspite of an order having been passed by a learned Single Judge in the same matter and a special appeal was pending?

7.Whether the bench entertaining fresh Habeas Corpus petition for the same cause of action could have suo motu summoned the records of the special appeal, and the previous petition no. 594 of 2012, and ordered for conversion of the same into a public interest litigation, without placing the same before either the Hon'ble Chief Justice or the Senior Judge at Lucknow ?

8. Whether the co-ordinate bench could without having the roster of special appeals proceeded to summon the records of the said appeal and pass orders thereon without any specific assignment of roster by Hon'ble the Chief Justice ?

9. Whether the order dated 19.9.2014 passed by one of the the Judges of the division bench in 69 Writ Petition No. 9470 of 2014, and not signed by the other Judge, amounts to a valid order or judgment ?

10. Whether fresh Writ Petition No. 299 of 2014 was maintainable and could have been made the basis for summoning the records of all other petitions for consideration by Hon'ble Co-ordinate Bench ?

11. Whether there is a conflict of opinions in the orders between the two division benches and if so then its resolve ?

12. Whether in the larger interest of the detenues the orders for release that have been passed by the learned Single Judge being without jurisdiction is lawful?

13. Whether on merits the release orders of the detenues passed fr

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.482

Questions Referred

(a) As to whether the procedure prescribed by the code of criminal procedure for conducting the trial can be altered under Section 482 of the Cr. P. C., for achieving the ends of justice?

(b) can the accused be allowed to give his defence and can be heard and give evidence to prove his innocence at or soon after the summoning stage?

(c) can a person who has not been summoned to face trial and no allegations in the complaint have been made against him in the complaint can approach the court for adjudication on his plea that he has committed no offence and cannot be proceeded with?

(d) Whether the order dated 28.11.2006 was beyond the scope of Section 482 of the Cr.P.C?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 21, Art.226

Questions Referred

(i) Whether in terms of the Government order dated 9.5.2014, a person aggrieved by the decision of the District Level Committee has an efficacious and alternative remedy to approach the Division Level Committee as constituted in terms of the Government order dated 9.5.2014?

(ii) Whether judgment of the Division bench in Zulfiqar Ahmad Bhuttoo (supra) decided on 4.11.2016 can be recorded as laying down the correct principle of law as regards the Government order dated 9.5.2014?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 309, Art.345

Act Name - Uttar Pradesh Official Language Act, 1951, 1951

Section - S. 1

Act Name - Uttar Pradesh Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995,

Section - Sch., Item 17, R. 4

Questions Referred

1. Whether the time schedule given in Item No. 17 of the Schedule of the U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995 is mandatory in nature and that if the enquiry is delayed beyond six months the entire proceedings will become inoperative?

2. Whether the judgment in Lakhan Lal Ahirwar v. State of U.P. and others, 2007 (25) LCD 1148 : (2007 (4) ALJ 262) holding that item No. 17 of the Schedule of the U.P. Pension Cases (Submission, Disposal and Avoidance of Delay) Rules, 1995 is mandatory in nature, is correct and lays down good law?' ?

List of Cited Cases

• Lakhan Lal Ahirwar v. State of U.P. and others, 2007 (25) LCD 1148 : (2007 (4) ALJ 262

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 309

Act Name - Police Act, 1861, 1861

Section - S.2, S.46

Act Name - Uttar Pradesh Temporary Government Servant (Termination of Service) Rules, 1975,

Section - R.1

Act Name - Uttar Pradesh Police Regulation,

Section - Regn.541

Questions Referred

Whether a temporary police constable appointed under Section 2 of Police Act and not placed on probation, can be terminated in accordance with Rule 1975 and whether procedure of Para 541 of Police Regulations be applicable?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225

Act Name - Allahabad High Court Rules, 1952,

Section - Ch 24, R 11

Questions Referred

Whether a Judge of Hon? ble High Court sitting alone or Judges sitting in a Division Bench hearing any matter in his/their determination assigned by Hon? ble the Chief Justice, can overstep into the determination of another Bench, if any issue or question arises in the matter including a question in public interest, which is not connected to the matter before him/them, and which in his/their opinion is necessary to be decided, and further in such case where in his/their discretion it is necessary to decide such question, what should be the procedure to be adopted ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 154, Art.162, Art.166 , Art.141, Art.246

Act Name - Uttar Pradesh Land Revenue Act, 1901, 1901

Section - S.11

Act Name - Uttar Pradesh General Clauses Act, 1904, 1904

Section - S.21

Act Name - Census Act, 1948, 1948

Section - S.18

Act Name - Census Rules, 1990,

Section - R 8(4)

Questions Referred

(i) Whether the issuance of notification under section 11 of the U.P. Land Revenue Act read with section 21 of the U.P. General Clauses Act by the Governor is legislative act or administrative act?

(ii) Alternatively, if the exercise of statutory power under Section 11 is held to be legislative act, then whether the impugned notification can be held to be violative of the directives issued by the Central Government under rule 8(iv) of the Census Rules, 1990, in view of Article 246(1) of the Constitution and, therefore, invalid?

(iii) Whether in view of the fact that there is no apparent inconsistency in the two Acts, namely, Census Act, 1948 (Central enactment) and the U.P. Land Revenue Act (State enactment), the inconsistency which has arisen because of the exercise of executive power by the State under the State Act would be an inconsistency within the meaning of Article 246 read with Article 254 of the Constitution?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 141, Art.254 (1)

Act Name - Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, 1964

Section - S.17(iii)

Questions Referred

(1) Whether the provisions of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 in respect of levy and collection of fee under S. 17(iii) of the Adhiniyam in so far as the same applies to tobacco was repugnant to the provisions of Tobacco Board Act, 1975 (Central Act No. 4 of 1975)?

(2) Whether the law declared by a Constitution Bench or by a subsequent Division Bench of the Supreme Court is binding on the High Court under Art. 141 of the Constitution?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 22(1)

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.50

Questions Referred

(i) Whether the statement of arresting officer contained in the counter-affidavit to the effect that compliance of provisions of Article 22(1) of the Constitution of India and Section 50(1) of the Code of Criminal Procedure were made giving details of offence somewhat similar to the charge framed by the Court for trial of case can be relied upon without a corresponding entry in General Diary/Recovery Memo giving details of the grounds told to the accused at the time of arrest?

(ii) Whether it is the statutory duty of prosecution to prove compliance of provisions of Article 22(1) of the Constitution of India and Section 50(1) of the Code of Criminal Procedure or it is necessary for the arrested person to file an affidavit that full grounds of arrest were not told to him at the time of arrest?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 215

Act Name - Contempt of Courts Act, 1971, 1971

Section - S.19

Questions Referred

Whether the Court can function in an atmosphere of terror, vituperation or scandalization or not and whether the Courts can uphold the dignity and majesty of law and of the Court in such an atmosphere?

Subject

Statutes

Act Name - Uttar Pradesh Trade Tax Act, 1948, 1948

Section - S. 4 A

Act Name - Government notification No. 780 dated 31st March, 1995.,

Section - NA

Questions Referred

Whether the view taken by the Division Benches of this Court in Ambika Steels : (2008 (1) ALJ 198) (supra) and IFFCO s Case (supra) with regard to the interpretation of clauses 1 (b) and 7 (a) and 7 (b) of the notification dated 31.3.1995 is in conflict with the decision of the Supreme Court in Modipan Fibres : (2006 (5) ALJ 602) (supra), and consequently requires reconsideration?

List of Cited Cases

• Ambika Steels Pvt. Ltd. v. State of U. P. and Ors. (2008 (1) ALJ 198)
• Commissioner of Trade Tax, U. P., Lucknow v. M/s. Modipan Fibres Company (2006 (5) ALJ 602)

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S. 156 (3), 397(2)

Questions Referred

Whether an order made under Section 156 (3) Cr.P.C. is an interlocutory order and remedy of revision against such an order is barred under sub-section (2) of Section 397 Cr.P.C?

Subject

Statutes

Act Name - Essential Commodities Act, 1955, 1955

Section - S.3

Act Name - Government Order D/- 17-8-2002,

Section - NA

Questions Referred

1. Whether the fair price shop licence can be cancelled merely on lodging of a criminal case against the licencee?

2.Whether, while passing any such order the Government Order dated 17.8.2002, particularly para-10 of said Government Order would be applicable/considered or not?

Subject

Statutes

Act Name - Uttar Pradesh State Electricity Board (Officers and Servants) (Conditions of Services) Regulations, 1975,

Section - Regulation 2

Act Name - Civil Service Regulations,

Section - Regulation 351-A

Questions Referred

Whether the provisions of Regulation 351-A of Civil Services Regulations framed by the State Government shall be applicable to the employees of the U.P. Power Corporation in the light of provisions of Regulation 2 of U.P. State Electricity Board (Officers and Servants) (Conditions of Services) Regulations, 1975?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S. 437

Questions Referred

Whether the appellant had granted bail on insufficient grounds or was justified in passing such an order?

Subject

Statutes

Act Name - Central Excise Act, 1944, 1944

Section - Ss 11 A , 38-A

Act Name - General Clauses Act, 1897, 1897

Section - S.7

Act Name - Central Excise Rules,

Section - R.10

Questions Referred

1. Whether proceedings initiated under Rule 10 of the Central Excise Rules, 1944 cannot be continued under Section 11 of the Act?

2. Whether the proceedings initiated under Rule 10 lapsed on the date Rule 10 was omitted namely 17-11-1980 as held by the Division Bench of this Court in M/s Ajanta Paper Products v. Collector, Central Excise Collectorate, Kanpur, ( 1982 U.P. T.C. 105)?

List of Cited Cases

• M/s Ajanta Paper Products v. Collector, Central Excise Collectorate, Kanpur, ( 1982 U.P. T.C. 105)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.12, Art.226

Questions Referred

(1) Whether Uttar Pradesh Ganna Kisan Sansthan (for short 'Sansthan') is 'State' under Article 12 of the Constitution of India ?

(2) Whether a writ for certiorari or an order in the nature of writ of certiorari, is maintainable against "Sansthan" under Article 226 of the Constitution of India?

Subject

Statutes

Act Name - Uttar Pradesh State aided Secondary Schools ?Teachers? Death-cum- Retirement Benefit Rules, 1991,

Section - R.3

Act Name - Government Order dated 10.08.1978,

Section - NA

Act Name - Government order dated 06.10.1990,

Section - NA

Act Name - Government order dated 04.11.1991,

Section - NA

Questions Referred

1. Whether in the Scheme provided in the Government Orders dated 10-08-1978 6-10-1990 and 4-11-1991 and the Rules of 1981 acceptance of the option exercised by the teacher and its communication was necessary to make it final and irrevocable?

2. Whether the option exercised by teacher became final and irrevocable after it was counter signed by the District Inspector of Schools?

3. Whether by efflux of long time the option exercised by teacher in pursuance of the Government Orders could b legally deemed to have been accepted and it could not be changed or revoked?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.323A, Art.226, Art.227

Act Name - Administrative Tribunals Act, 1985, 1985

Section - S.28, S.29(1)

Questions Referred

(1) Whether Section 28 read with Section 14(1) of the Administrative Tribunals Act, 1985 (Central Act 13 of 1985) excludes the jurisdiction, power and authority of this Court exercisable under Article 226/227 of the Constitution in this behalf?

(2) Whether action in writ jurisdiction under Article 226 or Article 227 of the Constitution in relation to this subject matter is "proceeding" within the meaning of the expression used in Section 29(1) of the Act and, as such, stands transferred on the appointed date of the Central Administrative Tribunal?

Subject

Statutes

Act Name - Income Tax Act, 1961, 1961

Section - S.37(2a), S.(2B)

Questions Referred

Whether on the facts and in the circumstances of the case, the expenditure of Rs. 7,190/- could be disallowed under S.37(2B) of the Act?

Subject

Statutes

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.15 R.5

Act Name - Civil P.C. (Amendment), 1976, 1976

Section - S.97(1) O.15, R.5

Questions Referred

1. Whether in view of the decision of the Supreme Court in the Case of Ganpat Giri v. II Addl. District Judge, AIR 1986 SC 589 the provisions of Order XV, Rule 5 of the C.P.C. stood repealed by virtue of the provisions of Section 97(1) of the Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104 of 1976) hereinafter referred to as the Central Act?

2. Whether the Central Amendments having come into force w.e.f. 1-2-1977 repealed the provisions of Order XV, Rule 5 of the Code of Civil Procedure introduced by U.P. Act No. 57 of 1976?

Subject

Statutes

Act Name - Code of Civil Procedure, 1908, 1908

Section - S.11

Act Name - Limitation Act, 1963, 1963

Section - Art. 7

Questions Referred

Whether findings recorded by the Division Bench in special appeal would hold good when the Bench itself dismissed the writ petition on the ground that it was for enforcement of contractual liability hence not maintainable?

Whether the claim of the petitioner for the period from 27th January, to 1-9-1967 i.e. the date of superannuation is barred by time?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 14 and Art. 226

Questions Referred

(1) Whether the case of Sanjai Srivastava v. Madhyamik Shiksha Parishad Writ Petn. No. 7396 of 1986 decided on 11-11-1987* at Lucknow Bench was correctly decided?

(2) Whether the principle of discrimination laid down in Arvind Kumar Pandey v. Secretary, Board of High School arid Intermediate Education U.P., 1985 UPLBEC 55 and in the Uma Shanker Dube v. Board of High School and Intermediate Education U. P., 1986 UPLBEC 500 can be extended to cases where several students are required to explain in respect of a mathematical equation how their final answer is correct when the intermediate steps are either wrong or missing?

(3) Whether in such cases the case of each student will have to be separately examined to see whether reasonable opportunity to defend was provided?

(4) Whether a joint petition can be maintained by several students who were not charged with using unfair means by copying answers from the answer books of each other?

(5) Whether joint petition can be maintained by several students who were charged with using unfair means in different questions and in papers of different subject?

List of Cited Cases

• Sanjai Srivastava v. Madhyamik Shiksha Parishad Writ Petn. No. 7396 of 1986 decided on 11-11-1987
• Arvind Kumar Pandey v. Secretary, Board of High School arid Intermediate Education U.P., 1985 UPLBEC 55
• Uma Shanker Dube v. Board of High School and Intermediate Education U. P., 1986 UPLBEC 500

Subject

Statutes

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S.13(6), S.58(2)

Questions Referred

Whether the Vice-Chancellor, under the U.P. State Universities Act, 1973, ('Universities Act' for short), has got power to supersede the management of an affiliated college and appoint an Administrator?

Subject

Statutes

Act Name - Uttar Pradesh Panchayat Raj Act, 1947, 1947

Section - S.14(1), S.110(2)

Questions Referred

Whether "present and voting" mean only "present and casting valid votes and not invalid votes". The decision of this Court in Roop Narain Pandey v. State of U. P., 1984 All LJ 879 has taken the view that it is only the valid votes that should count?

List of Cited Cases

• Roop Narain Pandey v. State of U. P., 1984 All LJ 879

Subject

Statutes

Act Name - Uttar Pradesh Trade Tax Act, 1948, 1948

Section - S.3, S.3-A

Questions Referred

Whether in commercial circle woollen cardigans and pullovers are treated as articles of hosiery or as woollen goods?

Subject

Statutes

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act , 1972, 1972

Section - S.21(1)(a), S.3(j)

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972,

Section - R.15, R.16

Questions Referred

Whether the landlord bona fide required the premises in dispute in accordance with the guidelines contained in R.16 of the Rules framed under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules (1972)?

Subject

Statutes

Act Name - Prevention of Food Adulteration Act, 1954, 1954

Section - S.16, S.17(1)

Act Name - General Clauses Act, 1897, 1897

Section - S.3(42)

Questions Referred

(i) Whether in view of the substantive sentence provided under S. 16 of the Prevention of Food Adulteration Act, while the Company is a juristic person cannot suffer substantive sentence, S. 17(1)(b) is rendered nullified and Company cannot be prosecuted under the Food Adulteration Act?

(ii) Whether under the rules of interpretation of Statute the express provisions of S. 17(1)(b) of the Prevention of Food Adulteration Act, providing for prosecution of the Company can be reconciled with S. 16 of the Prevention of Food Adulteration Act, which provides for imposition of fine besides substantive sentence, by imposing fine, when the Company as a juristic person cannot suffer imprisonment and it can be held by way of reconciliation of the two provisions that substantive sentence is to be imposed only where it can be so imposed and admits of execution, hence imposition of fine alone would be permissible?

Subject

Statutes

Act Name - Prevention of Food Adulteration Act, 1954, 1954

Section - S.2(ia)(m) Expln.(xiia)

Act Name - Prevention of Food Adulteration Rules, 1955,

Section - App.B Item.A.05.15, App.B Item.A.17.04, App.B Item.A.17.06

Questions Referred

Whether or not the sample of Lahi oil, which was found to contain 4 per cent of Tisi oil, can be held to be adulterated?

Subject

Statutes

Act Name - Uttar Pradesh Consolidation of Holdings Act, , 1954

Section - S.9A, S.19A, S.20

Questions Referred

Whether under U.P. Consolidation of Holdings Act (briefly 'the Act') the consolidation authorities are required to dispose of the entire proceedings relating to claims to land and partition of joint holdings under S.9-A before undertaking the preparation and publication of the provisional consolidation Scheme under Ss.19-A and 20 of the Act?

Subject

Statutes

Act Name - Urban Land (Ceiling and Regulation) Act , 1976, 1976

Section - S.2(q)(i)

Questions Referred

Whether cl. (i) of S.2(q) deals with only such plot of land in respect of which there is total prohibition for construction in the entire extent or it covers also such plots where maximum building area is permitted under building regulations in force in that area?

Subject

Statutes

Act Name - Urban Land (Ceiling and Regulation) Act , 1976, 1976

Section - S.2(g)

Questions Referred

Whether the water tanks could be regarded as buildings?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.428

Questions Referred

Whether or not the detention of a person in one case should also be treated to be his detention for the purposes of any other case, wherein he is wanted?

Subject

Statutes

Act Name - Motor Vehicles Act , 1939, 1939

Section - S.110D

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.41 R.22, O.41 R.10

Questions Referred

Whether a cross-objection as contemplated by O. XLI, R.22 of the C.P.C. is maintainable before the High Court at the instance of respondent to an appeal filed under S.110-D of the Motor Vehicles Act, 1939?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.309(2)? 376

Questions Referred

Whether the word 'custody' used in S. 309 (2), Cr. P. C., means imprisonment both legal and illegal?

Subject

Statutes

Act Name - Specific Relief Act, 1963, 1963

Section - S.38, S.39

Act Name - Motor Vehicles Act , 1939, 1939

Section - S.59

Questions Referred

1.Whether an agreement to transfer a permit without the requisite sanction under Section 59 of the Motor Vehicles Act is enforceable in a court of law ?

2. Whether the court should in such circumstances grant an injunction in favour of the plaintiff?

Subject

Statutes

Act Name - Uttar Pradesh District Boards Act, 1922, 1922

Section - S.74(2)(q)

Questions Referred

Whether bye-law framed by District Board/Zila Parishad, Jaunpur, to the effect that no motor cars, lorries, carts, ekkas, and such other vehicle plying for hire shall be allowed to halt for the purposes of searching passengers at any public street or place other than stands fixed or within the radius of one mile of the addas or the stands, was within power conferred on it under S. 174(2)(b) to (q) of U. P. District Boards Act?

Subject

Statutes

Act Name - Employees State Insurance Act, 1948, 1948

Section - S.82

Questions Referred

Whether after admission of an appeal under S. 82. Employees' State Insurance Act, the High Court can interfere with the findings of the Employees' Insurance Court on facts?

Subject

Statutes

Act Name - Transfer of Property Act, 1882, 1882

Section - S.116, S.106

Questions Referred

Whether, for the purposes of S.116 of Transfer of Property Act, it was necessary that there should be a contract subsequent to the termination of the original lease regarding the period of notice required under S.106, T. P. Act?

Subject

Statutes

Act Name - Specific Relief Act, 1963, 1963

Section - S.15

Questions Referred

Was the right to repurchase in favour of Smt. Bismillah Begani executed by the agreement dated July 18, 1966, being personal could not be assigned by her to Zakir Husain, the plaintiff-respondent?

Subject

Statutes

Act Name - Hindu Marriage Act, 1955, 1955

Section - S.28, S.10, S.11, S.12, S.13, S.21

Act Name - Special Marriage Act, 1954, 1954

Section - S.36, S.39

Questions Referred

Whether a second appeal is maintainable from an appellate decree in a proceeding under the Hindu Marriage Act, after its amendment by the Marriage Laws (Amendment) Act, 1976, and, if so, whether the limitation for filing it is 30 days or 90 days?

Subject

Statutes

Act Name - Income Tax Act, 1961, 1961

Section - S.64

Questions Referred

Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that the share income of Sidhartha Prasad and Rahul Prasad, the minor sons of the assessee, from the firm M/s. Arvind Cold Storage had been rightly included under Section 64 (ii) of the Income-tax Act, 1961. as the income of the assessee?

Subject

Statutes

Act Name - Income Tax Act, 1961, 1961

Section - S.37

Act Name - Uttar Pradesh Sugarcane Purchase Tax Act, 1961, 1961

Section - S.3(3)

Questions Referred

Whether the Full Bench decision in Saraya Sugar Mills case lays down the correct law ?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.408, S.409

Questions Referred

Whether a Sessions Judge has no power under Section 408 of the new Code of Criminal Procedure to transfer a part heard case or appeal from the court of an Additional Sessions Judge to some other competent court within his sessions division and the limitations imposed under section 409 Sub-clause (2) of the new Code are applicable in exercise of the power of transfer conferred under Section 408 of the new Code?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Questions Referred

(1) Whether an association of persons, registered or unregistered can maintain petition under Art.226 of the Constitution for the enforcement of the rights of its members as distinguished from the enforcement of its own rights?

(2) Whether a single writ petition under Art.226 of the Constitution is maintainable on behalf of more than one petitioners, not connected with each other as partners or those who have no other legally subsisting jural relationship where the questions of law and fact, involved in the petition, are common?

(3) In case the answer to question No. 1 is in the affirmative, whether only one set of court-fees would be payable on such petition or each such individual petitioner has to pay court-fees separately?

(4) In case answer to question No. 1 is in the negative, whether the defect of misjoinder of several petitioners in the writ petition can be cured by requiring each such petitioner to pay separate court-fees?

(5) Whether the petition is maintainable for questioning similar actions taken by different Mandi Samitis independently of each other in cases where the aggrieved party seeks relief against each such committee on identical grounds?

Subject

Statutes

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.1 R.10, O.22 R.4, O.22 R.9

Questions Referred

Whether the view in Khalil Ahmad v. Addl. District Judge, Gorakhpur (AIR 1974 AH 422) (supra) laid down the law correctly?

Subject

Statutes

Act Name - Uttar Pradesh Excise Manual,

Section - Para 179

Questions Referred

Whether a licence who is in arrears could initiate proceedings for remission of licence fees under paragraph 179 of U.P. Excise Manual?

Subject

Statutes

Act Name - Uttar Pradesh Panchayat Raj Act, 1947, 1947

Section - S. 14 (1), 14 (4)

Act Name - Uttar Pradesh Panchayat Raj Rules, 1947,

Section - R. 33-B (2)

Questions Referred

Whether rule 33-B (2) of Uttar Pradesh Panchayat Raj Rules, 1947, is mandatory or directory?

Subject

Statutes

Act Name - Essential Commodities Act, 1955, 1955

Section - S3, S7

Act Name - Uttar Pradesh Cement Control Order 1973,

Section - Clauses 3, 4 and 6

Act Name - Cement Control order , 1967,

Section - Clauses 2 (a) and 3

Act Name - Uttar Pradesh Essential Commodities (Display of Prices and Stocks and Control of Supply and Distribution ) Order, 1977,

Section - Clause 4

Questions Referred

1. Is a licence required under the provision of State Cement Order for a person who wishes to deal in non-levy cement?

2. If he contravenes the terms of licence, can such a person be prosecuted for contravening the provision contained in State Cement Order and the Display order?

3. Assuming that the answers of the aforesaid two questions are in negative, can any person dealing with non-levy cement be prosecuted under the Display Control Order for flouting the provisions contained therein?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Questions Referred

Whether a Writ of mandamus or any other writ , direction or order can be issued by the High Court for enforcement of a request addressed by a superior officer to subordinate officer?

Subject

Statutes

Act Name - Uttar Pradesh Trade Tax Act, 1948, 1948

Section - S.9(1B)(b)

Questions Referred

Whether on a true interpretation of the provisions of S.9(1-B)(b) of the U.P. Sales Tax Act the deposit of 20 percent of the assessed tax is necessary in a situation when neither any return has been filed by the assessee nor any tax liability has been admitted by the assessee at any stage of the proceedings?

Subject

Statutes

Act Name - Essential Commodities Act, 1955, 1955

Section - S.2

Act Name - Uttar Pradesh Coal Control Order, 1977,

Section - Cl.2(c)(d), Cl.2(k), Cl.3, Cl.4, Cl.12

Act Name - Constitution Of India, 1950, 1950

Section - Art. 162

Questions Referred

Whether an earlier decision of a Division Bench reported in Gulshan Sugar and Chemicals Ltd. Muzaffarnagar v. State of U.P. (1988 (1) AWC 112) requires reconsideration?

List of Cited Cases

• Gulshan Sugar and Chemicals Ltd. Muzaffarnagar v. State of U.P. (1988 (1) AWC 112)

Subject

Statutes

Act Name - Uttar Pradesh Zamindari Abolition & Land Reforms Rules, 1952,

Section - R.285I

Questions Referred

Whether the proceeding taken under U. P. Z. A. and L. R. Rules will be deemed judicial proceedings and the Commissioner will be deemed to be a Court when the proceedings in this behalf under both the Acts are judicial?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Arms Act, 1959, 1959

Section - S.17, S.18

Questions Referred

(1) Whether there is power to suspend an arms licence pending enquiry into its cancellation or suspension?

(2) Whether in view of the statutory provisions is it incumbent upon the authorities to afford an opportunity of hearing prior to suspension pending enquiry?

Subject

Statutes

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act , 1972, 1972

Section - S.16

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - General Clauses Act, 1897, 1897

Section - S.6

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972,

Section - R.13

Questions Referred

Whether a prospective allottee has a right to file an objection and contest the application for release made by the landlord for a building or a part thereof after the deletion of the original R.13(4) of the Rules under the U.P. Act No.13 of 1972?

Subject

Statutes

Act Name - Uttar Pradesh Imposition of Ceiling on Land Holdings Act., 1961, 1961

Section - S.10(2)

Act Name - Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976, 1976

Section - S.31, S.38B

Questions Referred

1. Whether the decision in Balwant v. State, 1980 All LJ 775 or the decisions Uma Shankar v. State, 1980 All WC 487, Sukhbir v. Prescribed Authority, 1979 All LJ 328 and Kedar Singh v. First Addl. District Judge, 1980 All LJ 36 lay down the correct law on the question of the true meaning and scope of section 31 (3) of the U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (U.P. Act No. XX of 1976) and section 38-B of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 as amended up-to-date?

2.What is the true meaning and scope of sub-section (2) of section 31 of U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, (U.P. Act No. XX of 1976) with reference to the present case?

List of Cited Cases

• Balwant v. State, 1980 All LJ 775
• Uma Shankar v. State, 1980 All WC 487
• Sukhbir v. Prescribed Authority, 1979 All LJ 328
• Kedar Singh v. First Addl. District Judge, 1980 All LJ 36

Subject

Statutes

Act Name - Uttar Pradesh Secondary Education Services Selection Board Act, , 1982

Section - S.16

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S.16-G(2)(c)

Questions Referred

whether despite the enforcement of the U. P. Secondary Education Services Commission and Selection Boards Act, 1982 (U. P. Act 5 of 1982) and the rules framed thereunder, the provisions contained in S. 16-G (2) (c) of the U. P. Intermediate Education Act, 192l and Regulations 55 to 62 of Chap. III framed thereunder continue to be operative and effective?

Subject

Statutes

Act Name - Uttar Pradesh Panchayat Raj Act, 1947, 1947

Section - S.12C

Act Name - Uttar Pradesh Panchayat Raj Rules, 1947,

Section - R.24

Questions Referred

Whether the order/judgment of the District Judge Ghazipur dated 5-9-1983 whereby he allowed the revision application filed by Bechu Ram and directed that the order of the Sub-Divisional Officer, Ghazipur dated 30-4-1983 be set aside, is valid ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.14, Art.21, Art.245

Act Name - Prevention of Food Adulteration Act, 1954, 1954

Section - S.13(2)

Questions Referred

Where in the plains of U.P. the prosecution under the Prevention of Food Adulteration Act is launched more than ten months after the taking of the milk sample by the Food Inspector, can the accused relying on the Full Bench decision in Nagar Swasthya Adhikari, Nagar Mahapalika v. Mangalia 1970 All Cri R 465 : (1970 All LJ 1049) claim deprivation of his right under S. 13(2) of the Act even though he does not apply for analysis of the other phial of the sample by the Director, Central Food Laboratory?

List of Cited Cases

• Nagar Mahapalika v. Mangalia 1970 All Cri R 465 : (1970 All LJ 1049)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S.31(8)(a)

Questions Referred

Whether powers exercisable by the Chancellor under S.31(8)(a) are quasi-judicial and he is required to state reasons for his decision or whether such an order is not a quasi-judicial order and it is not necessary to pass a speaking order?

Subject

Statutes

Act Name - Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act , 1972, 1972

Section - S.2(1)(a), S.3(P), S.20, S.22

Questions Referred

(1) Whether Ss. 2(1)(a) and 3(b) of the U.P. Act No. 13 of 1972, as amended by U.P. Act No. 28 of 1976 are retrospective in operation?

(2) Whether the bar of S. 20 of the U.P. Act No. 13 of 1972 will effect a suit filed subsequent to the enforcement of U.P. Act 28 of 1976 regarding a building occupied by a tenant envisaged u/s. 3(a) enforcement?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.141, Art. 226

Act Name - Code of Civil Procedure, 1908, 1908

Section - S.11

Act Name - Uttar Pradesh Consolidation of Holdings Act, , 1954

Section - S. 5

Questions Referred

Whether the decision of a Division Bench of this Court in the case of Dalip Singh v. Deputy Director of Consolidation, Moradabad 1976 All WC 112: (AIR 1976 All 433) required reconsideration in view of the fact that the decision of the Supreme Court in the case of Mathura Prasad v. Dossibai, AIR 1971 SC 2355 was not brought to the notice of the learned Judges who decided the case of Dalip Singh (supra)?

List of Cited Cases

• Dalip Singh v. Deputy Director of Consolidation, Moradabad 1976 All WC 112: (AIR 1976 All 433)
• Mathura Prasad v. Dossibai, AIR 1971 SC 2355

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.209, S.309

Questions Referred

Whether the remand order directing for detention of the petitioners in judicial custody for more than 15 days on each occasion is bad in law and their detention is rendered illegal and they are entitled to be released through these habeas corpus petitions?

Subject

Statutes

Act Name - Uttar Pradesh General Clauses Act, 1904, 1904

Section - Ss.6(e), 24

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S.74

Act Name - Agra University Act , 1926, 1926

Section - S.18(1-A), S.26(c), S.35

Questions Referred

Whether the post of an Assistant Registrar can be said to fall within the purview of the term' "clerical staff" used in Statute 6 of Chapter X of the Statutes of the Agra University?

Subject

Statutes

Act Name - Religious Endowments Act, 1863, 1863

Section - S.14, S.18

Questions Referred

Whether on the facts and in the circumstances of this case the Religious Endowments Act, 1863, was applicable?

Subject

Statutes

Act Name - Railways Act, 1890, 1890

Section - S.82A, S.66, S.68, S.113, S.122

Questions Referred

Whether the law laid down by the Division Bench in the Smt. Yashoda Devi v. Union of India (AIR 1979 All 287) was correct?

List of Cited Cases

• Smt. Yashoda Devi v. Union of India (AIR 1979 All 287)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.243-K, 243-O(b)

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.7 R.9

Act Name - Uttar Pradesh Panchayat Raj Act, 1947, 1947

Section - S.12C(1), 12C(3), 110

Act Name - Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994,

Section - R.4(1)

Questions Referred

(1.) Whether presentation of an election petition by the election petitioner personally is a mandatory requirement in view of Sub-section 3 of Section 12 C(1) of the Act, 1947 and Rule 3(1) of the Rules, 1994 and whether it's noncompliance is fatal or it would merely be an improper presentation, a curable defect?

(2.) Whether the decision of the Single Judge Bench of this Court in the case of Viresh Kumar Tiwari (supra) lays down the law correctly with regard to the question framed at serial no. 1 or it is the division Bench judgment in the case Lal Bahadur Singh (supra) and the subsequent Single Bench judgment in the case of Urmila (supra) which lay down the law correctly ?

List of Cited Cases

• Viresh Kumar Tiwari Vs. Additional District Judge, Ballia and Ors., 2013 Law Suit (All)3871
• Lal Bahadur Singh Vs. Vishal Singh, 1963 ALJ 542.

Subject

Statutes

Act Name - Uttar Pradesh Industrial Area Development Act, 1976, 1976

Section - S. 3, 6, 6(2), 7, 9, 11 and 12-A

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - National Capital Region Planning Board Act, 1985, 1985

Section - S. 7, 10, 16, 19, 27 and 40

Act Name - Land Acquisition Act, , 1894

Section - S. 4, 5-A, 6, 11-A, 17(1), 17(3-A) and 17(4)

Questions Referred

1. Object and Purpose of the 1976 Act : Whether the development of industries is the dominant purpose and object of U.P. Industrial Area Development Act, 1976?

2. Whether Acquisition Compulsory : Whether for carrying out the development of industrial area under 1976 Act, it is compulsory and necessary to acquire the land by the Authority?

3. Delay and Laches : Whether the delay and laches in the facts of the present case can bar the invocation of Constitutional remedy under Article 226 of the Constitution of India?

4. National Capital Regional Planning Board Act, 1985, its Consequences : Whether the Authority can carry out development, utilise the land acquired as per its Master Plan 2021 without its approval/clearance by National Capital Regional Planning Board, and what is effect on its function of land acquisition after enforcement of the 1985 Act?

5. Invocation of Sections 17(1) and 17(4) : Whether invocation of Sections 17(1) and 17(4) of the Land Acquisition Act and dispensation of inquiry under Section 5A was in accordance with law in the cases which are under consideration?

6. Pre-notification and Post-notification delay : Whether delay caused before issuance of notification under Section 4 and delay caused subsequent to notification under Section 4 can be relied for determining as to whether urgency was such that invocation of Sections 17(1) and 17(4) was necessary?

7. Colourable Exercise of Power : Whether acquisition of land are vitiated due to mala fide and colourable exercise of powers?

8. Taking of Possession : Whether the possession of the land acquired was taken under Section 17(1) of the Land Acquisition Act in accordance with law?

9. Vesting : Whether after taking possession under Section 17(1) of the Act the challenge to the notifications under Section 4 read with 17(1) and 17(4) and Section 6 cannot be entertained due to the reason that land which has already been vested in the State cannot be divested?

10. Section 11A : Whether acquisition under challenge has lapsed under Section 11A of the Act due to non declaration of the award within two years from the date of publication of the declaration made under Section 6?

11. Section 17(3A) : Whether non payment of 80% of the compensation as required by Section 17(3A) of the Land Acquisition Act is fatal to the acquisition proceedings?

12. Waiver : Whether the petitioners who have accepted compensation by agreement have waived their right to challenge the acquisition proceedings?

13. Acquiescence : Whether the petitioners due to having accepted the compensation by agreement have acquiesced to the proceedings of land acquisition and they are estopped from challenging the acquisition proceedings at this stage?

14. Third Party Rights, Development & Constructions : Whether due to creation of third party rights, development carried out by the Authority and developments & constructions made by the allottees on the acquired land subsequent to the acquisition, the pet

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16, 12, 309

Act Name - Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974,

Section - R.5

Act Name - Government Order dated 17.3.1994,

Section - NA

Act Name - Government Order dated 18.7.2016,

Section - NA

Questions Referred

(i) Whether in view of the provisions of Government Order dated 17.3.1994, particularly clause 9 thereof, the provisions of the Rules of 1974 would be application upon the employees of DRDA?

(ii) Whether the judgment of Division Bench in State of U.P. vs. Ajeet Kumar Shahi, Special Appeal No.714 of 2015 : (Reported in (2015) 9 ADJ 594 (All)), requires reconsideration in light of the Government Orders dated 17.3.1994 and 18.7.2016?

List of Cited Cases

• State of U.P. vs. Ajeet Kumar Shahi, (2015) 9 ADJ 594 (All)

Subject

Statutes

Act Name - Motor Vehicles Act, 1988, 1988

Section - S.39, 50,51

Act Name - Uttar Pradesh Motor Vehicles Taxation Act , 1997, 1997

Section - S.2(g), 2(h), 4, 9,9(2),9(3), 10, 12, 13, 14,18(3), 20

Questions Referred

1. Whether in view of Sections 2(g), 2(h), 4, 9, 10, 12, 13, 14 and 20 of the Act, 1997 read with Sections 39, 50 and 51 of the Act, 1988 and other relevant provisions of the said enactments and the Rules of 1998 and 1989, a Financier of a motor vehicle/ transport vehicle in respect of which a hire- purchase, lease or hypothecation agreement has been entered, is liable to tax from the date of taking possession of the said vehicle under the said agreements, even if, its name is not entered in the Certificate of Registration or not? If not, who is liable in this regard?

2. Whether the judgments rendered in the case of Lakhimpur Finvest Company Ltd. (supra), Manish Mukhriya (supra) and Shri Prakash (supra) and/or the judgments rendered in the case of Amar Nath Chaubey (supra) and Shriram Transport Finance Company Limited (supra), lay down the law correctly on the issue framed as Question No. 1 ?

List of Cited Cases

• Lakhimpur Finvest Company Ltd. Vs. State of U.P. and Ors. reported in 2005 (2) AWC 1608 All
• Manish Mukhriya Vs. State of U.P. reported in 2015 (4) ALJ 248

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - U.P. Control of Goondas Act, 1981, 1981

Section - S.3(1)

Questions Referred

(1) Whether the view taken by a Full Bench of this Court in the case of Ramji Pandey v. State of U.P., (1981 Cri LJ 1083) (supra) to the effects that clause (d) of the notice, which in fact is only the second paragraph of clause (c), under S. 3(1) of the U.P. Control of Goondas Act alone intended to set out general nature of material allegations against the petitioner with a view to give him opportunity to submit his explanation and to defend himself and it is not possible to accept the contention that matters contained in column (a), (b) and (c) be read as a part of notice while looking at the contents of clause (d), is good law. In other words, whether the notice under S. 3 of the Act as a whole can be read as a composite notice, or whether part (a), (b) and (c) must be disjuncted and their contents cannot be read as part of the notice so far allegations of general nature against the person in the notice issued are concerned?

(2) If the opportunity of show cause before the authority, who issues a show cause notice not in conformity with the provisions of S. 3(1) of the U.P. Control of Goondas Act, could be considered an alternative remedy?

(3) if a writ petition may be refused to be entertained only on the ground of existence of an alternative remedy even though the Court finds a particular notice illegal which makes consequential acts also illegal?

List of Cited Cases

• Ramji Pandey v. State of U.P., (1981 Cri LJ 1083)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 14

Act Name - National Security Act, 1980, 1980

Section - S.3

Questions Referred

Whether the order of preventive detention can at all be challenged on the ground of parity, the origin of which has been traced in Art. 14 of the Constitution and if it can be claimed, what should be its extent and basis?

Subject

Statutes

Act Name - Indian Evidence Act, 1872, 1872

Section - S.76

Act Name - Advocates Act, 1961, 1961

Section - S.34(1), S.16(2), S.28

Act Name - Designation of Senior Advocates Rules ,1999,

Section - R.1, R.2 (a), R.3(B)

Act Name - Constitution Of India, 1950, 1950

Section - Art. 14, 19, 226

Questions Referred

1. Whether the High Court can delegate its statutory function under Sec. 16(2) of the Act, to designate an advocate as senior advocate in favour of a committee consisting of Hon'ble Judges of the Court?

2. Whether Rule 3(B) of the Rules, or in the form it stands in the Rules, is in contravention of the provisions contained in Sec. 16(2) of the Act and is ultra vires?

3. Whether the High Court has authority to frame the Rules known as 'Designation of Senior Advocate Rules, 1999'; under Sec. 34(1) of the Act or under any other provision of the Act or the Constitution, for the purposes of evolving the procedure to be allowed for designation of an Advocate as Senior Advocate?

4. Whether the procedure evolved under the impugned Rules excludes the advocates, practising in the district courts, or in the tribunals, from consideration to be designated as senior advocates?

5. To what relief, if any, in the facts and circumstances of the case petitioners are entitled in the present writ petition?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.226

Act Name - G.O. dated 17.10.1998,

Section - NA

Questions Referred

(1) Whether the Government could issue the Government Order dated 17.10.1998 treating the Instructors as Lecturers, though they had never applied for the said post nor they had been appointed as Lecturer when the process of selection and eligibility etc. is entirely different on the post of Lecturers and teacher includes only Professor, Reader and Lecturer?

(2) Whether, without bracketing both the posts, i.e. Instructors and Lecturers, the Government could issue the Government Order dated 17.10.1998 treating the Instructors as Lecturers?

(3) Whether in the absence of any provision in the said Government Order to give effect to the said order with retrospective effect, the Division Bench could grant the relief that they shall be deemed to have been appointed as Lecturers from the date of initial appointment as Instructors?

(4) Whether the judgment given by the Division Bench in Writ Petition No. 32098 of 1999, Dr. Swatantra Bala Sharma v. State of U.P. and others, reported in 1999 (3) ESC 2404, was the correct judgment in law?

List of Cited Cases

• Dr. Swatantra Bala Sharma v. State of U.P. (1999 (3) ESC 2404)

Subject

Statutes

Act Name - Uttar Pradesh Zamindari Abolition and Land Reforms Act, , 1951

Section - S.3(4)

Act Name - Uttar Pradesh Land Revenue Act, 1901, 1901

Section - S.14A(3), S.14

Questions Referred

(1) When under Section 198(4) of U. P. Zamindari Abolition and Land Reforms Act, 1950, the power of Collector can be exercised by Additional Collector?

(2) Which of the Division Bench i.e., 1996 RD 190-Shiv Avtar v. Nabi and others or 1986 ALJ 1248-Brij Kishore and another v. Atrikta Ziladhikari, Kanpur and others laid down the correct law?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Sch.VII List II Entry 56

Act Name - Uttar Pradesh Motor Gadi (Yatri-Kar) Adhiniyam, 1962, 1962

Section - S.3

Questions Referred

Whether having regard to Entry 56 of State List of Seventh Schedule to the Constitution a contract carriage operator is exigible to passenger tax under U. P. Motor Gadi (Yatri Kar) Adhiniyam, 1962 ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.226

Questions Referred

1.Whether a Division Bench can hold that an earlier Full Bench decision is not binding precedent in view of subsequent decision or decisions of the Hon'ble Supreme Court?

2.Whether a writ in the nature of certiorari will lie against a co-operative society or it comes within the meaning of the words 'Other Authority' occurring in Article 226 of the Constitution of India?

Subject

Statutes

Act Name - Uttar Pradesh Trade Tax Act, 1948, 1948

Section - S. 21(4). 21 (5), 30

Questions Referred

1. Whether the limitation provided under Section 21(4) will apply or limitation provided under Section 21(5) will apply for passing assessment order by the Assessing Authority?

2. In case Section 21(5) applies then whether the limitation runs from the date of service of the order or from the date of the order?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.41, S.2(c), S.157(1), S.437, S.439

Questions Referred

(1) Whether the arrest of an accused is a must if cognizable offence is disclosed in the F.I.R. or in a criminal complaint?

(2) Whether the High Court can direct the subordinate Courts to de­cide the Bail Application on the same day it is filed ?

(3) Whether the case Dr. Vinod Narain v. State of U.P., Writ Petition No. 3643 of 1992 reported in 1995 (32) ACC 375, has been correctly decided by the five Judges Full Bench of this Court?

List of Cited Cases

• Dr. Vinod Narain v. State of U.P.(1995 (32) ACC 375)

Subject

Statutes

Act Name - Institutes of Technology Act, 1961, 1961

Section - S.13(2)

Questions Referred

Whether the retirement age of an employee of the Indian Institute of Technology, Kanpur is 60 years or 62 years?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16, 226, 309

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.2 R.2

Act Name - U.P. Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules ,1970,

Section - R.5, R.7, R.13

Act Name - U.P. Public Service Commission (Limitation of Functions) Regulations,1954,

Section - Regn.3

Questions Referred

Whether the service rendered by an employee on ad hoc basis can be counted for the purposes of determining the seniority, promotion etc?

Subject

Statutes

Act Name - Allahabad High Court Rules, 1952,

Section - Chapter V, Rule 6

Questions Referred

(1) Whether licence granted to ICICI Bank under the Banking Regulations Act, 1949 or guidelines issued by the Reserve Bank of India permit the ICICI Bank to recover its dues from the borrowers through collection agents who are bullies who recover the loan by taking law in their own hands?

(2) Whether the contract entered into between the ICICI Bank and Shiv Shakti Consultancy is a legal contract and, if so, its effect? Whether the contract entered into between the ICICI Bank and Shiv Shakti Consultancy absolves the ICICI Bank from all criminal and civil liabilities?

(3) Whether Shiv Shakti Consultancy is an agent of ICICI Bank and whether the bank is liable for all actions of its collection agent or agencies who violate criminal and civil laws?

(4) Whether ICICI Bank is under a legal obligation to follow due process of law for carrying out its banking business of advancement of loans and recovery of its dues? Whether it can disturb the rule of law by engaging collection agent that recovers the dues from the borrowers by using muscle power?

(5) Whether the ICICI Bank can recover its dues only in accordance with law by filing a civil suit?

(6) Whether the ICICI bank or its collection agency can take coercive action against the borrower by snatching the vehicles or taking possession of the property without following the procedure established by law and take further coercive action by locking the individual borrower in the bank or at some other place?

(7) Whether any recovery charges are paid by the bank to its collection agents and whether it is recoverable by the bank from the borrower or not and, what is the percentage of recovery charges paid by the ICICI Bank to the collection agent?

(8) Whether ICICI Bank can ignore the provisions of Section 138 of the Negotiable Instruments Act, 1881 in case of bounced cheques and proceed to recover the amount of the bounced cheques through their collection agent by force?

(9) Whether the Nationalised Banks which recovers its dues from the borrowers in accordance with law could be permitted to adopt the same procedure for recovery of its dues from the borrowers as adopted by the private banks like ICICI Bank through collection agents who take law in their own hands?

(10) Whether for recovery of any amount from a borrower two different parallel systems could exist, one in accordance with law followed by the Nationalised Banks and the other followed by the private banks who recover their dues through collection agents in violation of law?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.309

Act Name - U.P. (Reservation of Vacancies for Ex-servicemen in Class III and Class IV Services and Posts) Rules, 1977,

Section - R.2(c)

Act Name - U.P. State Govt. Order dt. 20-8-1987,

Section - NA

Questions Referred

Whether a candidate, seeking direct appointment on the dint of being 'Ex-serviceman' to a post in Group 'A' and/or Group 'B' Service of the State Government, is required to fulfil the condition of 'at least five-years' military service' as a pre-requisite to consideration of his candidature as against the posts reserved for 'ex-servicemen'?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.226

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.309, S.209

Questions Referred

Where an accused person is under judicial custody on the basis of a valid remand order passed under Sections 209 or 309, Cr.P.C. by the Magistrate pending committal proceedings or trial, should he be set at liberty by issuing a writ of Habeas Corpus on the ground that his initial detention was violative of Constitutional guarantee enshrined in Articles 21 and 22 of the Constitution of India?

Subject

Statutes

Act Name - Uttar Pradesh Secondary Education Services Selection Board Act, , 1982

Section - S.33B

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S.16E

Act Name - Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Second Order, 1981,

Section - Para.2

Questions Referred

Whether a teacher appointed on ad hoc basis in a short term vacancy, like leave vacancy, is entitled as of right to continue in the said post even after the short term vacancy has been converted to a permanent vacancy due to death, resignation or retirement of the permanent incumbent?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.204, S.482

Questions Referred

Whether a Magistrate/Court before rejecting a "Final-Report" filed by an Investigating Officer, has to hear the accused on his appearing voluntarily or after notice irrespective of the fact whether or not the informant is proposed to be heard with or without a protest petition challenging the said Final Report??

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.226

Questions Referred

(1) In case a cognizable report was lodged by an informant and during investigation accused come up with some or other reliefs through writ petition to the High Court, the informant should be made a party and heard before any final orders are passed in the aforesaid writ petition?

(2) Whether or not before passing the final order notice should be issued and reply should be called from the State, which is the controlling investigating agency for all investigations in the State of U.P. or any other agency in the State of U.P., though may be controlled by the Union of India for the time being, which may be investigating such an offence?

(3) Which of the two Division Bench decisions referred to above lays down the correct law?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.22, 226

Act Name - National Security Act, 1980, 1980

Section - S.13

Questions Referred

1. Whether a person detained under a preventive law is entitled, as of right, to be set at liberty only on the ground that the unexpired period of his detention is less than a month?

2. If the answer to question No. 1 is in affirmative, can the detenue claim such a right in a second or successive petitions even though his earlier petition has already been dismissed on merits thereby upholding his continued detention for the period fixed by the appropriate Government?

Subject

Statutes

Act Name - National Security Act, 1980, 1980

Section - S.14

Questions Referred

1. Whether under the provisions of National Security Act, 1980, it is obligatory on 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 Act and if such information is not given to the detenu while serving the grounds, it shall vitiate the order of detention being in violation of Article 22(5) of the Constitution of India?

2. Whether in a case where the detenu has not been informed about his right to make a representation before the Central Government but he has himsel f otherwise made a representation or his representation made to the State Government has been forwarded to the Central Government and it has been considered and rejected by the Central Government and no prejudice has been caused to him, even then the order of detention shall vitiate being in violation of Article 22(5) of the Constitution of India?

3. Where the detenu has not made any representation to the Central Government but his representation made to the State Government is forwarded to the Central Government and delay is caused by Central Government in deciding such representation, the order of detention be rendered illegal?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Questions Referred

Whether a writ petition under Article 226 is maintainable by ?Angan Bari? Karyakarti who is appointed on temporary basis by the Child Development and Social Welfare Department of the State and is paid only honorarium?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.246

Act Name - Recovery of Debts Due to Banks and Financial Institutions Act, 1993, 1993

Section - S.17, S.18

Act Name - Deposit Insurance and Credit Guarantee Corporation Act, 1961, 1961

Section - S.3

Act Name - Uttar Pradesh Public Moneys (Recovery of Dues) Act., 1972, 1972

Section - S.3(1)(b), S.2(g)

Questions Referred

1.What is the scope of S. 3(1)(b) of U.P. Public Moneys (Recovery of Dues) Act, 1972?

2. Whether any money advanced by a banking company, which is not under a State Sponsored scheme, can also be recovered by taking recourse to the provisions of the Act by the Collector as arrears of land revenue if a certificate has been sent to him by local agent of the bank mentioning the amount and requesting him to recover the same as if it was an arrears of land revenue?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.2(d), S.156(3), S.190

Questions Referred

1.Should the Magistrate while exercising powers under S. 156(3), Cr. P.C. be left to write cryptic orders "register and investigate," or "register and do the needful" or "he has to investigate," or the like? or the Magistrate's order should prima facie indicate application of mind?

2.Is the observation of the Division Bench in Suraj Mal (1993 (30) All Cri C 81) (supra) correct when it says that when an applicant before a Magistrate prays only for registration and investigation of a case, such an application will not become "complaint" as defined in S. 2 of the Cr. P.C.?

List of Cited Cases

• Suraj Mal v. State of U.P., (1993) 30 All Cri C 81

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 311

Questions Referred

(a) Whether if an inquiry proceeding is not concluded within a time frame fixed by a court and concluded thereafter, without seeking extension from the Court then on the said ground the entire inquiry proceeding as well as punishment order passed, is vitiated in view of the judgment in the case of P. N. Srivastava?

(b) Whether the law as laid down by a Division Bench of this Court in the case of P. N. Srivastava that if an inquiry proceeding is not concluded within a time frame as fixed by a Court, it stands vitiated is still a good law in view of the judgment rendered by the Supreme Court in the case of Suresh Chandra as well as a judgment dated 27.07.2009 of a Division Bench of this Court in Writ Petition No. 1056 (SB) of 2009 (Union of India and others v. Satendra Kumar Sahai and another)?

List of Cited Cases

• P. N. Srivastava v. State of U. P., 1999 ALL. L. J. 448
• Suresh Chandra v. State of M.P. & Anr., (2005)12 SCC 355

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16

Act Name - Uttar Pradesh Secondary Education Services Selection Board Act, , 1982

Section - Ss. 12, 2(l)

Act Name - Uttar Pradesh Secondary Education Services Selection Board Rules, 1998,

Section - Rr. 14(2), 10

Questions Referred

Which date will be relevant for the purpose of determination of criteria of availability and eligibility for promotion to the post of Lecturer grade i.e. the date on which vacancy occurs to forward to the Selection Committee/Commission or the first day of year of the recruitment when the vacancy is notified for recruitment?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.3 R.2

Questions Referred

Whether a writ petition under Article 226 of the Constitution can be filed by a power of attorney holder?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.348

Act Name - Uttar Pradesh Regularization of Adhoc Appointment (On Post within the purview of the Public Service Commission) Rules, 1979,

Section - R.4

Questions Referred

(I) Whether the cut off date i.e. 30.6.1998 fixed under the Uttar Pradesh Regularization of Ad hoc Appointments (on posts outside the purview of the Public Service Commission) Rules, 1979 to adjudge the eligibility for regularization, can be ignored without strucking off from the Rules?

Subject

Statutes

Act Name - Uttar Pradesh Panchayat Raj Act, 1947, 1947

Section - S. 95 (1)(g) Proviso

Act Name - Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997,

Section - R. 2 (c), 3, 4, 5 and 6

Questions Referred

(i) Whether the pradhan is required to be associated in the preliminary enquiry under the proviso to Section 95(1)(g) of the UP Panchayat Raj Act?

(ii) In case, the preliminary enquiry is adverse to the pradhan then, whether an opportunity is necessary before passing an order ceasing financial and administrative powers of the pradhan?

(iii) If the District Magistrate has sufficient material to undertake a formal enquiry then, is he still required to hold a preliminary enquiry?

(iv) Whether the following observations in Chunmun v. District Magistrate, Sonbhadra, 1998 (3) AWC 1892 (paragraph 8 ) (the Chunmun case) are correct?

List of Cited Cases

• Chunmun v. District Magistrate, Sonbhadra, 1998 (3) AWC 1892

Subject

Statutes

Act Name - Uttar Pradesh Municipalities Act, , 1916

Section - S. 48 (2)Proviso

Act Name - Uttar Pradesh Panchayat Raj Act, 1947, 1947

Section - S 95(1)(g)

Questions Referred

(i)Whether the State Government in proceedings initiated for removal under Section 48(2) of the UP Municipalities Act, 1916 is required to give any opportunity at the stage of invoking the powers in the first proviso before restraining the president from exercising his financial and administrative powers and as to whether any such preliminary inquiry is permissible to be read the aforesaid proviso?

(ii) Whether the State Government has to record a subjective satisfaction separately for invoking the said powers even if the material for the issuance of the show-cause notice and the invoking of such powers is the same?

(iii) Whether the views expressed by this Court in the decisions of Imran Masood v. State of U.P. and others, 2007(1) ADJ 350 (DB) and in the case of Rekha (Kinner) v. State of U.P. and others, 2008(3) ADJ 315 (DB), require reconsideration in the light of the observations as contained in Smt. Vimla v. State of U.P. and others, 2008(1) ADJ 128 (DB)(LB), for an authoritative pronouncement on issue number-1 and 2?

List of Cited Cases

• Imran Masood v. State of U.P. and others, 2007(1) ADJ 350 (DB)
• Rekha (Kinner) v. State of U.P. and others, 2008(3) ADJ 315 (DB)
• Smt. Vimla v. State of U.P. and others, 2008(1) ADJ 128 (DB)(LB)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Land Acquisition Act, , 1894

Section - S. 18(1), 18(2) and 12

Act Name - Limitation Act, 1963, 1963

Section - S. 5

Questions Referred

(1) Whether the directions contained in Savitri Devi's case in the nature of a general mandamus are in direct conflict with the ratio of Kanchchid's case reported in 1999 (3) AWC 1978 (DB)?

(2) Whether the High Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India while interpreting Section 18 of the Land Acquisition Act can confer the power on the Collector to refer a dispute under Section 18 even if it is barred by limitation?

List of Cited Cases

• Smt. Savitri Devi v. State of U.P., 1999 (3) AWC 1978 (DB)
• Kanchchid v. State of U.P. and others, 1999 (3) AWC 1978

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226, 217 and 224

Questions Referred

(i) Whether the opinion of the Chief Justice of India in regard to the appointment of Judges of the Supreme Court and High Courts as well in regard to the transfer of High Court Judges is entitled to primacy?

(ii) Whether the matters including matter for fixation of the Judge strength in the High Courts are justiciable?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225

Act Name - Allahabad High Court Rules, 1952,

Section - Chap. 5, R. 1 and 6

Act Name - Government Order dated 31.5.2010,

Section - NA

Questions Referred

(1) Whether such a blanket Government Order, prohibiting use of machinery, which is against the spirit of Statutory Rules and the final and binding judgments rendered by the Division Benches of this Court at Allahabad, can be issued on the basis of an interim order passed by a Division Bench of Lucknow Bench of this Court at Lucknow, when there are already three binding, final and unchallenged judgments of the Division Benches and a judgment of learned single Judge of this Court of Principal Seat at Allahabad on the subject?

(2) Whether the interim order dated 27.5.2010, passed by the Lucknow Bench of this Court, not exercising P.I.L. Jurisdiction, and other interim orders on the basis of which Government Order dated 31.5.2010, imposing complete ban on use of machinery in mining operations on the riverbeds or nearby areas could be issued, when the Division Benches and the learned Single Judge of this Court at Allahabad have not ordered for total prohibition on the use of machines for excavation of sand?

(3) Whether such interim order, which was passed without taking into account a settled legal position and not laying down any law, would be per incuriam where the controversy raised has already been settled by various judicial pronouncements of this Court at Principal Seat of the High Court at Allahabad?' ?

Subject

Statutes

Act Name - Uttar Pradesh Government Servants (Discipline and Appeal) Rules, 1999,

Section - Rule 4

Act Name - Uttar Pradesh Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991,

Section - Rules 6, 7

Act Name - Uttar Pradesh Civil Services (Classification, Control and Appeal) Rules, 1930,

Section - Rules 49-A

Questions Referred

(a) Whether a reference made by a Division Bench, which has not noticed a Constitution Bench judgment of this Court comprising of larger number of Judges, squarely applicable on the subject, was liable to be returned unanswered by the Full Bench only on the ground that Constitution Bench judgment has not been considered by the Division Bench while making the reference?

(b) Whether the Full Bench in the case of Shahroj Anwar Khan (supra) is correct in recording in paragraph 21 that the word ''inquiry' as contemplated under Rule 17(1)(a) (Para materia to Rule 49-A of the C.C.A. Rules) will include a preliminary inquiry to be precise whether the word ''inquiry' in the said Rules includes within its ambit preliminary inquiry inasmuch as the Constitution Bench of this Court in the case of State of U.P. v. Jai Singh Dixit (supra) has specifically held that the word ''inquiry', under Rule 49-A of the C.C.A. Rules, necessarily refer to formal departmental inquiry referable to Rule 55 and 56-A of the C.C.A. Rules or Rules 6 and 7 of the U.P. Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991?

(c) Whether, while directing preliminary inquiry, the power to suspend has to be exercised on objective consideration of material on record of each case and therefore it is for the State Government on a challenge being made to an order of suspension in contemplation of an inquiry to justify by such material on record that irrespective of preliminary inquiry the authority was satisfied that suspension was warranted in the facts of the case?

(d) Whether an order of suspension, in contemplation of a vigilance inquiry, would be within four corners of Rule 49-?

List of Cited Cases

• State of U.P. v. Jai Singh Dixit, 1975 AWC 243.

Subject

Statutes

Act Name - Police Act, 1861, 1861

Section - S. 2 , 46 (3)

Act Name - Uttar Pradesh (Civil Police) Constable and Head Constable Service Rules , 2008,

Section - R. 26

Act Name - Uttar Pradesh Police Service Regulations,

Section - Regn. 520

Questions Referred

(i)Whether pursuant to framing of the U.P. (Civil Police) Constable and Head Constables Service Rules, 2008, the directions issued by the Supreme Court in the case of Prakash Singh v. Union of India, 2006 (8) SCC 1, in exercise of power under Article 142 of the Constitution of India, are no longer applicable in view of what is set out in paragraph 31 of the judgment?

List of Cited Cases

• Prakash Singh v. Union of India, 2006 (8) SCC 1

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16, 225

Act Name - Indian Evidence Act, 1872, 1872

Section - S. 114 (f)

Act Name - Indian Contract Act, 1872, 1872

Section - S. 4

Act Name - Post Office Act, 1898, 1898

Section - Ss. 4, 6

Act Name - Allahabad High Court Rules, 1952,

Section - Chap. 5, R. 6

Questions Referred

When applications are invited, one through post office and the other by any other means or only through post, does the post office become the agent of the addressee, because there is express or implied authorisation by the addressee to send the articles by post?

Subject

Statutes

Act Name - National Council for Teacher Education Act, 1993, 1993

Section - S. 14, 17

Act Name - Constitution Of India, 1950, 1950

Section - Sch. 7 List 1 Entry 66

Act Name - National Council for Teacher Education (Recognition, Norms and Procedure) Regulations, 2005,

Section - Appendix 2, Para 3.2

Questions Referred

(I) Whether after the enforcement of 1993 Act the candidates who obtained B.Ed. degree from an institution or a University during the period when the application of the Institution or University for grant of recognition was pending are eligible for Special B.T.C. Course-2007 as held by Division Bench judgement in Ekta Shukla?s case Or Whether the candidates who have obtained degree from an institution or University recognised by NCTE are only eligible for Special B.T.C. Course 2007 as held by Division Bench judgment in Sanjai Kumar and Sunita Upadhyay?s case?

(II) Whether recognition, as referred to in the proviso to Section 14(1) of the N.C.T.E. Act 1993 Act can be treated to be deemed recognition under the 1993 Act of an institution or a University for the period applications were pending ?

(III) Whether the exclusion of those candidates from field of eligibility for Special B.T.C. Course - 2007 who have obtained B.Ed. degree prior to enforcement of 1993 Act or after the enforcement of 1993 Act during the period when the application of the Institution or the University was pending consideration, is arbitrary and unreasonable violative of Articles 14 and 16 of the Constitution of India?

Subject

Statutes

Act Name - National Council for Teacher Education Act, 1993, 1993

Section - S. 12, 32

Act Name - National Council for Teachers Education (Recognition, Norms and Procedure) Regulations, 2009,

Section - Regns 8, 9

Questions Referred

(a) Whether the degree obtained by a student from an institution/university established by law, situate at a place out side the State of Uttar Pradesh but duly recognized by the N.C.T.E. can be refused acceptance as valid qualification for being admitted to Special B.T.C. Course-2008 by the State ?

(b) Whether the classification under the Government Order between the degree of B.Ed. obtained from other State being valid for admission to B.T.C. Course-2008, while the degree of C.P.Ed., B.P.Ed. and D.P.Ed. similarly obtained from the institutions situate outside the State of Uttar Pradesh being invalid for considered for admission to B.T.C. Course-2008 is arbitrary and without any reasonable rational and therefore hit by Article 14 of the Constitution of India ?

(c) Whether the Division Bench judgment in the case of Vijay Kumar Kushwaha and others v. State of U.P. and others, (2003) 3 UPLBEC 2211, lays down the correct law?

List of Cited Cases

• Vijay Kumar Kushwaha and others v. State of U.P. and others, (2003) 3 UPLBEC 2211

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 243(Q)

Act Name - Uttar Pradesh Municipal Corporation Act, 1959, 1959

Section - S. 540, 172 to 199, 201 to 206, 219 to 221, 225, 227 and 306

Act Name - Uttar Pradesh Municipal Corporation (Assessment and Collection of Tax on Advertisement) Rules, 2009,

Section - R. 5, 9, 17, 19 and 26 to 28

Questions Referred

(1) Whether the State Government had legislative competence to frame the Rules, 2009?

(2) Whether the State Government in any case could have framed 'Rules' in general for all the municipal corporations, that too without taking recourse to Section 206 of the Act?

(3) Whether delegation of power could be made under the Rules framed by the State Government to the Central Government?

(4) Whether the licence for putting hoardings/advertisements on public properties, owned by private owners, can be given by public auction ?

(5) Whether the impugned Rules are ultra vires to the provisions of Articles 14, 19(1) (a) and 19(1)(g) of the Constitution of India?

(6) Whether the Rules, 2009 are invalid, they having been framed without following the provisions of Sections 199 to 203 of the Act?

(7) Whether the provisions of the Rules, 2009, such as- requiring the owner of the building, where the advertisement is to be set up, to give an undertaking that in the event of default by the advertising company/firm to pay the tax, the owner of the building concerned would pay the tax, etc. can be said to be unreasonable and unfair to be adhered to and are liable to be struck down?

(8) Whether vesting of all the powers (as discussed in this order in relation to putting of hoardings and as given under the Rules, 2009) on private properties, in special areas etc. and in 'no hoarding zones' into the sole authority of the Municipal Commissioner, that too with no guidelines and without providing any superior forum of appeal/revision against his decision, suffers from the vice of excessive delegation and in any case absolutely arbitrary and unreasonable?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S. 397 (2), 145 (1) and 146 (1)

Questions Referred

Whether the orders passed by the Magistrate under Section 145(1) and 146(1) of the Code are interlocutory orders simplicitor and no revision petition under Section 397 or 403 of the Code or petition under Section 482 of the Code is maintainable against the same?

Subject

Statutes

Act Name - Essential Commodities Act, 1955, 1955

Section - S.3

Act Name - Public Distribution System (Control) Order, 2001,

Section - Cl.4, Cl.25, Cl.28

Questions Referred

1.Whether before suspension of fair price agreement an opportunity of hearing is mandatory to be given to the fair price shop agent in violation of which the suspension order is liable to be set aside?

2. Whether the Division Bench judgments in Pramod Kumar v. State of U. P. and others, 2006(10) ADJ 610 (DB) and Harpal v. State of U. P. and another, 2008(3) ADJ 36 (DB)lay down the correct law that opportunity is must; or Whether the Division Bench in Gopi's case lays down the correct law?

List of Cited Cases

• Gopi v. State of U. P. & Ors., AIR 2007 (NOC) 2423 (ALL.)
• Pramod Kumar v. State of U. P. & Ors., 2007 (1) All LJ 407
• Harpal v. State of U. P. & Anr., 2008 (4) ALJ 10

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.5, R. 6

Questions Referred

1. Whether a writ will lie even in the matter of non-statutory contract?

2. Whether a writ will lie in cases relating to fair price shops e.g. grant, cancellation, suspension, etc. of fair price shops?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.246(3), 254

Act Name - State Financial Corporations Act, 1951, 1951

Section - S.32G

Act Name - Recovery of Debts Due to Banks and Financial Institutions Act, 1993, 1993

Section - S.19, 2(g)

Act Name - Uttar Pradesh Public Moneys (Recovery of Dues) Act., 1972, 1972

Section - S.3

Questions Referred

(i) Which Act will prevail in case an Act enacted by the Parliament in pursuance of an entry in list-I of the seventh schedule of the Constitution is contrary to an Act enacted by the State in pursuance of an entry in list-II of the same schedule?

(ii) Whether the 1972 Act has been rendered void and inoperative, after the insertion of Section 32-G in the 151 Act insofar as it relates to recovery of debt payable to the Corporation?

(iii) Whether Section 3 of the 1972 Act is inconsistent with Section 32-G of the 1951 Act and if it is so, what is the effect?

(iv) Whether recovery against the guarantor can be made under the 1993 Act ?

(v) Whether the jurisdiction of the Collector to entertain an application of the Corporation for recovery under Section 3 of the 1972 Act of debt not being less than Rs. 10 lacs, is barred by Section 18 of the 1993 Act.?

(vi) Whether the Corporation having taken possession of the assets and properties of the borrower company under Section 29 of the 1951 Act was bound to exhaust its remedy under the said provision before initiating recovery proceeding against the sureties/guarantors?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Articles 254 (1), 254 (2), 234, 233 and Seventh Schedule, List III, Entry 23

Act Name - Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-servicemen) Act, , 1993

Section - Sections 3 (1) (ii) and 2 (e)

Questions Referred

(1) Whether Section 3 (1) (ii) of Act, 1993 as amended by the U.P. Act No. XXIX of 1999 entitles the physically handicapped candidate to claim reservation for physically handicapped persons in the posts of Civil Judge (Junior Division) in the absence of the requisite identification of the post in question, extending to it the benefits of such reservation?

(2) Whether the State Government has or it was permissible for it to have identified the post of Civil Judge (Junior Division) by issuing a notification as contemplated in Section 3 (1) (ii) of 1993 Act as one of the post for which reservation was to be provided for persons suffering from disabilities (Physically handicapped persons) in view of the resolutions of the Administrative Committee dated 8.12.1979 and 31.1.1981 and the decision of the Court dated 20.1.1982, which had been accepted by the State Government?

(3) Whether the Full Court vide its resolutions dated 17.7.1993 and 7.3.1998 can be deemed to have given its concurrence to the State Government for providing reservation for physically handicapped persons in the posts of Civil Judge (Junior Division)?

(4) Whether the Division Bench judgment of this Court in the case of Vinod Kumar Rai v. Public Service Commission, U.P. Allahabad and others, 2002 (2) ESC 143, does not lay down the correct law?

List of Cited Cases

• Vinod Kumar Rai v. Public Service Commission, U.P. Allahabad and others, 2002 (2) ESC 143

Subject

Statutes

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.41 R.9, O.41 R.11

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.11, R.9

Questions Referred

1. Whether an order that the appeal will be heard amounts to admission to (sic) appeal under Order 41, Rule 9 of the C.P.C. and Chapter XI Rule 9 of the Rules of the Court?

2. Whether office could admit the appeal without there being any order of the Court purporting to be an order of the Court?

Subject

Statutes

Act Name - Land Acquisition Act, , 1894

Section - S. 23

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16

Questions Referred

1. Whether Government Orders/Cir-culars providing employment to one member of a family whose land has been acquired, (over and above the compensation awarded under law) is valid or not?

2. Whether the acquiring bodies for whose benefit the land is acquired are bound by these Government ordres/circulars?

3. Whether a writ can be issued directing the acquiring body to consider the claim in accordance with the Government Orders/Circulars?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16, 226

Act Name - Code of Civil Procedure, 1908, 1908

Section - O.2 R.2

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.22 R.7

Act Name - Fundamental Rules,

Section - Chap.2, Part 2, Part 4, R.56(3)

Questions Referred

(i) Whether the petitioner is entitled to get salary for the period that he has worked under the interim orders of the Court even if the writ petition (in which the interim order is granted) is dismissed, as infructuous or after holding that he was not so entitled to work?

(ii) In case the writ petition in which interim order was granted is dismissed without any reference to the salary for the period that the petitioner had worked under the interim orders of the Court then, whether a second writ petition is maintainable for the salary of that period?

Subject

Statutes

Act Name - Uttar Pradesh Municipalities Act, , 1916

Section - S. 31(b), 88

Questions Referred

Whether an Administrator of a Municipal Board can impose a Municipal Tax as envisaged by Chapter V of the U.P. Municipalities Act 1916 (hereinafter referred to as the Act) when the Municipal Board has been dissolved or superseded under Section 30 of the Act?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Uttar Pradesh Higher Education Services Commission Act, 1980, 1980

Section - S.12, 13

Act Name - Uttar Pradesh Higher Education Service Commission (Procedure for Selection of Teachers) Regulation,1983,

Section - Regn.7(3)

Questions Referred

1. Whether law laid down in Dr. Prakash Chandra Srivastava Vs. Director of Higher Education, Allahabad and Anr. 2003 (1) All WC 142: (2003 All LJ 702) by this Court and followed in Alka Rani Gupta (Km.) Vs. Director of Education (Higher) and Anr, 2003 (2) ESC 944, is contrary to and in violation of the letter and intent of the express language used by the legislation in Section 13 of the Act, 1980 read with Regulation 5 of Regulation, 1983?

2. Whether it is permissible for the Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution to either add or amend a statutory provision by enunciating an interpretation, which in its opinion, is just and proper?

3. Whether there is a direct conflict between the ratio of the two cases Dr. Prakash Chandra Srivastava (supra) and Km. Alka Rani Gupta (supra) on one hand, and that of in Dr. Ranjana Tiwari Vs. Director, Higher Education of U.P. and Ors, (2003) 3 E.S.C. (All) 1489: (2003 All LJ 2761) on the other, which deserves to be resolved by an authoritative pronouncement?"

List of Cited Cases

• Alka Rani Gupta (Km.) Vs. Director of Education (Higher) and Anr, 2003 (2) ESC 944
• Dr. Prakash Chandra Srivastava Vs. Director of Higher Education, Allahabad and Anr. 2003 (1) All WC 142
• Dr. Ranjana Tiwari Vs. Director, Higher Education of U.P. and Ors, (2003) 3 E.S.C. (All) 1489

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.225

Act Name - Uttar Pradesh Zamindari Abolition and Land Reforms Act, , 1951

Section - S.126

Act Name - Transfer of Property Act, 1882, 1882

Section - S.117

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.5 R.6

Act Name - Uttar Pradesh Zamindari Abolition & Land Reforms Rules, 1952,

Section - R.115A, 115B

Act Name - U.P. Gram Sabha Manual,

Section - Para.60(2)? (kha)

Questions Referred

(i)Whether judicial propriety demands that if a Bench of High Court is unable to agree with the decision already rendered by earlier Division Bench of Co-ordinate jurisdiction, the question of disagreement should be referred to a Larger Bench under Chapter V Rule 6 of the Rules of the Court, 1951?

(ii) Whether the decisions rendered in former two Division Benches in the case of Ajai Shanker (supra), which were brought to the notice of learned Judges constituting Division Bench in case of Panchoo (supra), the latter Division Bench instead of disagreement with ratio decidendi of two former Division Benches, it ought to have referred the same to a larger Bench of this Court?

(iii) Whether Article 14 and Article 19 (1) (g) of the Constitution postulate a reasonable classification to ameliorate the economic condition of weaker section of society of fishermen community enumerated under Paragraph 62 (2) (kha) of Gaon Sabha Manual and also for elimination of middlemen to save the said weaker section of society from exploitation as the Directive Principles embodied the ideal of socio economic justice as assured in the preamble of the Constitution and the Courts are to adopt the principle of harmonious interpretation of Articles 14 and 19 (1) (g) of the Constitution so as to give effect to the Fundamental rights as well as Directive Principles of State Policy?

(iv) Whether in view of the State List of Seventh Schedule Item No. 21 empowers State Legislature to enact on the subject of fisheries, placing U.P. Act No. 1 of 1951, with Ninth Schedule of the Constitution and the mandatory provisions enshrined under Article 243-G read with Item No. 5 of Eleventh Schedule which includes settlement of fisheries of the ponds and tanks vested in Gaon Sabha with powers, authority and responsibility of Panchayat, the preparation of plans for economic development and social justice and the implementation of scheme for economic development and social justice as entrusted to them under Paragraph 60 (2) (Kha) of Gaon Sabha Manual issued by the State Government in exercise of its power under Section 126 of U.P. Act No. 1 of 1951 and the Rules framed thereunder are sacrosanct being policy of affirmative action of the State Government giving Distributive justice to the weaker section of society and to protect them from social injustice and all forms of exploitation?

(v) Whether the decision rendered by learned Single Judge in case of Man Singh (supra), conferring jurisdiction upon Sub Divisional Officer and Collector both for cancellation of Patta of fishery right making the order of Collector revisable requires reconsideration in view of sub-sections (6) and (7) of Section 122-C of U.P. Act No. 1 of 1951 and decision rendered by Supreme Court in case of Dhulabhai (supra)?

(vi) Whether jurisdiction of Civil Court is expressly barred to cancel the fisheries rights granted under paragraph 60 (2) (Kha) of Gaon Sabha Manual and the decision rendered by Division Bench of this

Subject

Statutes

Act Name - Police Act, 1861, 1861

Section - S. 2, 22, 23, 46 and 46(2)

Act Name - Constitution Of India, 1950, 1950

Section - Art. 14, 16, 16(1), 226, 309 and 313

Act Name - General Clauses Act, 1897, 1897

Section - S.5

Act Name - Uttar Pradesh Recruitment to Services (Age Limit) Rules, 1972,

Section - R.1

Questions Referred

1. Whether a rule made under Article 309 of the Constitution of India can be set at naught by an executive fiat?

2. Whether the Fundamental Right of a citizen to equal opportunity in the matter of employment guaranteed under Article 16 (1) of the Constitution has been denied to the appellants by lowering the upper age limit?

3. Whether change in criterion and age made by executive order without any authority of law and/or reason can be upheld on the anvil of Articles 14 and 16 (1) of the Constitution of India or are mala fide?

4. Does the Division Bench decision in Subhash Chandra's case (supra) decides correct position of law?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 12 , 226, 21-A

Questions Referred

(i) Whether the D.P.S. School is a State within the meaning of Article 12 of the Constitution?

(ii) Whether the Board is a State within the meaning of Article 12 of the Constitution of India?

(iii) Whether the 'Affiliation bye-laws' have statutory force?

(iv) In case the answer to the second question is in negative then, whether the affiliation bye-laws are still binding on the schools affiliated to the Board?

(v)Whether the Committee of Management of the School, while dealing with the service matters of its employees or the teachers, is performing public duty?

(vi) Whether a writ petition is maintainable against a privately managed school for violation of the service rules.?

(vii) Whether a writ petition is maintainable against the Board for non-observance of its bye-laws?

(viii) Whether the petitioners are entitled to any relief?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.21, 226, 227, 141

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.41, 50A, 482

Questions Referred

(1) Whether arrest during investigation can be stayed by this Court only in rarest of rare cases as observed in Satyapal v. State of U. P. and Ors., 2000 Cri LJ 569 : (1999 All LJ 2660), or according to the criteria laid down by the Supreme Court in Joginder Kumar v. State of U. P. and Ors. (1994) 4 SCC 260 : (AIR 1994 SC 1349)?

(2) Whether the Full Bench in Satyapal's case was right in holding that Joginder Kumar's case was delivered on its own peculiar facts and circumstances and hence does not lay down any legal principles relating to the power of arrest and the power of stay to arrest by this Court?

List of Cited Cases

• Satyapal v. State of U. P. and Ors., 2000 Cri LJ 569
• Joginder Kumar v. State of U. P. and Ors. (1994) 4 SCC 260

Subject

Statutes

Act Name - Indian Evidence Act, 1872, 1872

Section - Section 115

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S. 2(2), 2(3), 5, 11, 4, 37(2), 7(2), 45, 50, 51, 52, 74

Act Name - Uttar Pradesh General Clauses Act, 1904, 1904

Section - S. 8 and 20(2)

Questions Referred

Whether (a) erroneous issue of a 'No Objection Certificate' by the State Government, or (b) affiliation erroneously granted in violation of territorial limit fixed by Schedule to the U.P. State Universities Act, 1973 can form, by estoppel or on any other principle of law a ground for issue of mandamus to the State Government or to the University which has granted erroneous affiliation or to the Chancellor to continue in future to violate the territorial limit fixed by Schedule in respect of that educational institution perpetually or even temporarily ?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.197

Act Name - Prevention of Corruption Act, 1988, 1988

Section - S.13, S.19

Act Name - Indian Penal Code, 1860, 1860

Section - S.120B

Questions Referred

1. Whether in the case of public servant which can be removed only by the Central Government and sanction under section 19 of the Prevention of Corruption Act, 1988 is also given, further sanction under section 197 of the Criminal Procedure Code is also required because at the relevant time the said public servant was also employed in connection with the affairs of the State Government?

2. Whether public servant who is charged under section 13 of the Prevention of Corruption Act as also under section 120-B IPC and the sanction u/s 19 of the Prevention of Corruption Act is already given by the Central Government, yet the sanction by the State Government under section 197 of the Code of Criminal Procedure is necessary since he is being charged under section 120-B IPC also?

3. If the answer to the above two questions is in affirmative, then, whether the alleged act or omission for which the petitioner are being charged had reasonable connection to the discharge of their official duty calling for applicability of section 197 of the Code of Criminal Procedure?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art 254, Sch 7 List II Entry 66, 5, 49

Act Name - Mines and Minerals (Development and Regulation) Act, 1957, 1957

Section - S.2

Act Name - Uttar Pradesh Kshetra Panchayats and Zila Panchayats Adhiniyam, , 1961

Section - S. 142 , 239

Questions Referred

(1) Whether the view taken in paragraph 6 of the judgment of the Division Bench in Okhla Sand Supply Company v. State (supra) lays down the correct legal position?

(2) Whether Section 239 read with Sections 142, 143 and other provisions in the U. P. Kshetra Panchayat Adhiniyam, 1961 entitle the Zila Panchayat to frame the impugned bye-laws and levy the impugned fee/toll tax?

List of Cited Cases

• Okhla Sand Supply Company and another v. State of U. P. and others 2001 (1) AWC 803

Subject

Statutes

Act Name - National Council for Teacher Education Act, 1993, 1993

Section - S. 14 , 32(2)(f)

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S. 28

Questions Referred

1. Whether the admissions to private unaided (minority and non-minority) colleges imparting education for Bachelor of Education Courses recognized by NCTE and affiliated to the University can be made by any method other than by holding a common entrance test either by the State/Universities or by all the colleges of the State coming together as provided in P.A. Inamdar's case?

2. Whether the judgment rendered by learned Single Judge on 14.12.2006 in Writ Petition No.5674 (M/S) of 2006: U.P. Management Association of Self Finance Teachers Training Colleges Vs. State of U.P. & Ors. has correctly appreciated the TMA Pai, Islamic Academy and P.A. Inamdar's case and has laid down correct law?

3. Whether in the absence of any common entrance test held by all the colleges coming together or a common entrance test conducted by the State Government or all the Universities in the State the admissions can be made through the entrance examination held by individual universities providing list of students through counselling to these colleges?

4. Whether the entire process of admissions to these colleges must be left to the supervision of the Justice H.N. Tilhari ( Retd.) Committee constituted by the State Government in terms of the decisions issued in P.A. Inamdar's case?

List of Cited Cases

• P. A. Inamdar and Ors v. State of Maharashtra and Ors , AIR 2005 SC 3226

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225, 226 and 227

Act Name - Essential Commodities Act, 1955, 1955

Section - S. 3

Act Name - Allahabad High Court Rules, 1952,

Section - Chap 8, R 5

Act Name - Uttar Pradesh Scheduled Commodities Distribution Order, 2004,

Section - C1 28

Questions Referred

Whether a special appeal under the provisions of Rule 5 of Chapter VIII of the Rules of the Court lies in a case where the judgment has been given by a learned single Judge in a writ petition directed against an order passed in an appeal under paragraph 28 of the U.P. Scheduled Commodities Distribution Order, 2004?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 311

Act Name - Uttar Pradesh Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991,

Section - R. 17 (1)(a)

Questions Referred

1. Whether Rule 17 (1) (a) of the U. P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 prohibits passing of a suspension order during the pendency of preliminary enquiry?

2. Whether the Division Bench judgment rendered in Kripa Shanker Prasad and others v. State of U. P. and others, reported in (2004) 1 UPLBEC 124, lays down the correct law?

List of Cited Cases

• Kripa Shanker Prasad and others v. State of U.P. and others, 2004(1) ESC 33

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225, 226

Act Name - Allahabad High Court Rules, 1952,

Section - Chap 5, R. 6, 13

Act Name - Uttar Pradesh Higher Eduction Service Commission Act, 1980, 1982, 1982

Section -  S. 11, 31

Questions Referred

Whether in view of the provisions of the U.P. Higher Education Services Commission (Procedure for Selection of Teachers) Regulations, 1983, particularly, Regulations 3 and 6 thereof, the Guide-lines framed by the U.P. Higher Education Services Commission in the year 2008 in regard to the selection pursuant to Advertisement No. 41 of 2007, wherein "teaching experience" has been provided as one of the factors for preliminary screening and short-listing the candidates to be called for interview for the post of teachers/ lecturers are valid ?

Subject

Statutes

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S. 16-G, Chap. 3 Regns. 31, 100

Questions Referred

(i) Whether prior approval for awarding punishment of dismissal to a Class-IV employee is contemplated and required under Chapter-III, Regulation 31 of U.P. Intermediate Education Act, 1921 ?

(ii) Which of the Division Bench judgments, as noticed above, lays down the correct law ?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16

Act Name - Government Circular dated 10-10-2005,

Section - Clause No. 4

Questions Referred

(i) What is the correct interpretation of Clause No. 4 of the Government Circular dated 10-10-2005, issued by the Government of Uttar Pradesh?

(ii) Whether the decision rendered in the case of Smt. Kanti Singh v. State of U. P. and others (Special Appeal No. 46 of 2007, decided on 15-1-2007) interpreting the said Clause, is based on correct preposition of law?

List of Cited Cases

• Kanti Singh Yadav v. State of U.P. & Ors, 2007 (4) ALJ (DOC) 199 (ALL.) (DB)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.225, 226

Act Name - Land Acquisition Act, , 1894

Section - S.4

Questions Referred

(1) Whether a Co-ordinate Bench while hearing a Public Interest Litigation can issue directions without impleading the affected party which has the effect of taking away the impact of the final decision in favour of such party by a Bench of the same strength?

(2) Whether the directions dated 14-7-2006 and 31-7-2006 of the Division Bench in the Public Interest Litigation (Writ Petition No. 2547 of 2005) run counter to and impede the implementation of the final decision dated 25-5-1998 in Writ Petition No. 32950 of 1994 and the decision dated 24-8-2005 in Writ Petition No. 20379 of 2003 keeping in view the fact that the order dated 5-11-2002 had not been quashed?

(3) Whether the High Court in exercise of powers under Article 226 of the Constitution of India can issue a mandamus to the State Authorities for acquiring land in suo motu exercise of its powers in a Public Interest Litigation?

(4) Whether in such a situation if there are 2 conflicting orders, judicial discipline demanded a reference to a larger Bench instead of treating the impact of final judgments of this Court to be obiter?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Questions Referred

(a) What would be the wisdom of the writ Court under this jurisdiction?

(b) What relief could be granted by the writ Court?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 246

Act Name - Court-fees Act, 1870, 1870

Section - S. 5

Questions Referred

a. Whether the provisions of the Court-Fees Act as amended from time to time in the State of Uttar Pradesh are ultra vires of State Legislature?

b. Whether the State has to satisfy with mathematical precision that the fee collected is spent for the purpose it has been levied?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16 , 309

Act Name - Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974,

Section - Rr. 2(a), 5

Questions Referred

1. Whether a daily wager and work charge employee, employed in connection with the affairs of Uttar Pradesh, who is not holding any post whether substantive or temporary is a Government Servant within the meaning of Rule 2 (a) of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974?

2. Whether the judgment in Smt. Pushpa Lata Dixit v. Madhyamik Shiksha Parishad and others, 1991 (18) ALR 591; Smt. Maya Devi v. State of U.P. (Writ Petition No.24231 of 1998 decided on 2.3.1998); State of U.P. v. Maya Devi (Special Appeal No.409 of 1998); Santosh Kumar Misra v. State of U.P. & Ors., 2001 (4) ESC (Alld) 1615; and Anju Misra v. General Manager, Kanpur Jal Sansthan (2004) 1 UPLBEC 201, giving benefit of compassionate appointment to the dependants of daily wager and work charge employees, have been correctly decided?'

List of Cited Cases

• Smt. Pushpa Lata Dixit v. Madhyamik Shiksha Parishad and others, 1991 (18) ALR 591
• State of U.P. v. Maya Devi (Special Appeal No. 409 of 1998)
• Santosh Kumar Misra v. State of U.P. and others, 2001 (4) ESC (All) 1615
• Anju Misra v. General Manager, Kanpur Jal Sansthan, (2004) 1 UPLBEC 201

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Uttar Pradesh State Universities Act, 1973, 1973

Section - S. 33

Questions Referred

(1) As to whether the judgment in the case of Shardendu Bhushan (AIR 1988 SC 335) (supra) lays down any proposition of law, qua the length of service rendered in a different State to be added for the purpose of computation of pension in respect of Teacher who was subsequently appointed in a degree college affiliated to the University covered by the Act, 1973 and has retired as such?

(2) Whether in absence of any statutory provision/Government Order permitting any such addition of length of service rendered in a different State to be computed for the purpose of pension qua the person who has retired as teacher from an affiliated Degree College of a State University a direction can be issued under Article 226 of the Constitution of India for such addition of length of service rendered outside the State for pension?

List of Cited Cases

• Sharadendu Bhushan v. Nagpur University, Nagpur and others, AIR 1988 SUPREME COURT 335

Subject

Statutes

Act Name - Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes), 1994, 1994

Section - S. 3

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S 16-G

Act Name - Regulations under the U.P. Intermediate Education Act, 1921,

Section - Chap 3 Regn 2

Questions Referred

1. Whether the roster in respect of reservation can be applied with regard to the promotion in respect of class III posts in Intermediate College, where the number of posts is less than five?

2. Whether there is a conflict between the ratio of the two Division Bench judgments of Mahendra Kumar Gond (supra) and Dr.Vishwajeet Singh (supra) as referred to herein above, and if so, then which of the decisions lay down the law correctly ?

List of Cited Cases

• Mahendra Kumar Gond v. District Inspector of Schools, Azamgarh & Ors, 2009 (6) ALJ 57
• Vishwajeet Singh & Ors. etc. v. State of U.P. & Ors. etc, 2009 (4) All LJ 326

Subject

Statutes

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S. 16 -G

Act Name - Regulations under the U.P. Intermediate Education Act, 1921,

Section - Chap 3, Regn. 21

Act Name - Uttar Pradesh Secondary Education Services Selection Board Act, , 1982

Section - S. 18

Questions Referred

Whether a teacher of Intermediate College who has already been appointed as officiating principal of the Institution by virtue of his seniority on attaining the age of superannuation in the extended period of his service shall continue as officiating principal or simply as a teacher?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 226

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.397(2), S.156(3), S.482

Questions Referred

A. Whether the order of the Magistrate made in exercise of powers under Section 156(3) Cr.P.C directing the police to register and investigate is open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued?

B. Whether an order made under Section 156(3) Cr.P.C is an interlocutory order and remedy of revision against such order is barred under sub-section (2) of Section 397 of the Code of Criminal Procedure, 1973?

C. Whether the view expressed by a Division Bench of this Court in the case of Ajay Malviya v. State of U.P and others reported in 2000 (41) ACC 435 : (2000 All LJ 2730) that as an order made under Section 156(3) of the Code of Criminal Procedure is amenable to revision, no writ petition for quashing an F.I.R registered on the basis of the order will be maintainable, is correct?

List of Cited Cases

• Ajay Malviya v. State of U.P and others, 2000(41) ACC 435

Subject

Statutes

Act Name - Arbitration Act , 1940, 1940

Section - (Since repealed) S. 39 (1)(iv), 20 (as amended in State of U.P. by U.P. Civil Laws Reforms and Amendment Act, 1976)

Questions Referred

Whether in the facts and circumstances of the case, this Appeal is maintainable?

Subject

Statutes

Act Name - Uttar Pradesh Intermediate Education Act, , 1921

Section - S. 16 G

Act Name - Uttar Pradesh Educational Teaching (Subordinate Gazetted) Service Rules, 1993,

Section - R.17

Act Name - Uttar Pradesh Fundamental Rules,

Section - R.56(a)

Act Name - Government Order dated 21.3.1984,

Section - NA

Questions Referred

1. Whether the Government Order dated 21.3.1984, providing for extension of service after superannuation to the Teachers, Headmasters and Principals of Government Schools and Colleges upto end of the academic session i.e. 30th June, following the date on which they attain the age of superannuation, with certain conditions, is applicable to the staff of the training institutes such as Central Paedological Institute, Allahabad (CPI)?

2. Whether the Division Bench judgment in Civil Misc. Writ Petition No. 20756 of 1990 (Rajpati Pandey v. State of UP and others) decided on 2.5.1997 (Reported in : 1997 (30) All LR 554) giving extension of service after 30th June next following the date of superannuation to the Professors of the Central Paedological Institute, Allahabad was correctly decided?

3. Whether the view taken by Division Bench in Civil Misc. Writ Petition No. 896 of 1967 (Sarju Prasad v. State of UP and others) decided on 14.3.1997 lays down the correct law?

List of Cited Cases

• Rajpati Pandey v. State of UP and others ,1997 (30) All LR 554)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16

Act Name - Uttar Pradesh State Electricity Board Dying in Harness Rules, 1975,

Section - R. 2

Questions Referred

Whether the definition of 'family' under the Rules would include a daughter-in-law?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 16

Act Name - Right of Children to Free and Compulsory Education Act, 2009, 2009

Section - S. 23

Questions Referred

(a) Whether the power of the parent department to revoke the deputation even before the expiry of the term for good and valid reason is lost, only due to the fact that the deputationist was getting some additional monetary benefits while working on deputation?

(b) Whether the decision of the employer in revoking the deputation even before expiry of the term on good and valid reasons would be bad merely because the employee during deputation was getting better salary/allowances?

(c) Whether the single Judge was justified in declaring the judgment of the Single Judge and of the Division Bench dated 17.02.2011 and dated 27.05.2011 respectively as per incuriam or he was obliged to refer the matter to a larger bench if he had doubts about the said judgments?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.225, Art.226

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.8 R.5, Chap.5 R.10

Act Name - Letters Patent (Allahabad),

Section - Cl.27

Questions Referred

(1) Whether against the order/judgment of one judge passed in vacation exercising jurisdiction in cases which are cognizable by a Division Bench an special appeal under Chapter VIII Rule 5 of the Rules of the Court is maintainable?

(2) Whether the Division Bench judgment in Allahabad Galla Tilhan Vyapari Sangh, 25, Muthiganj and others, 1985 UPLBEC 1064 (supra) or Division Bench judgment in State of U.P. and others v. Smt. Meera Sankhwar and others, 2004 (4) AWC 3162, lays down the correct law?

List of Cited Cases

• Allahabad Galla Tilhan Vyapari Sangh v. Krishi Utpadan Mandi Samiti, Allahabad, 1986 ALL. L. J. 816
• State of Uttar Pradesh v. Smt. Meera Sankhwar, 2004 ALL. L. J. 3213.

Subject

Statutes

Act Name - Uttar Pradesh Basic Education Act, , 1972

Section - S. 19

Questions Referred

Whether the judgment of the Division Bench in Rishi Kant Sharma's case lays down the correct position in law?

List of Cited Cases

• Rishi Kant Sharma v. State of U.P & Ors, 2011 (6) ALJ (NOC) 535)

Subject

Statutes

Act Name - Essential Commodities Act, 1955, 1955

Section - S.3

Act Name - Uttar Pradesh Scheduled Commodities Distribution Order,2004,

Section - Cl.2(o), Cl.30, Cl.31

Act Name - Uttar Pradesh General Clauses Act, 1904, 1904

Section - S.24

Questions Referred

(i) Whether the judgment of the Division Bench in the case of Ram Murat (supra), defining the word 'Family' as given in Government Order dated 3.7.1990 (Para 4.7) lays down the correct law specially after the enforcement of order 2004 ?

(ii) Whether the definition of family as given in Clause 2(o) of U.P. Scheduled Commodities Distribution Order, 2004, shall override the definition of family given in para 4.7 of Government order dated 3.7.1990 ?

Subject

Statutes

Act Name - U.P. State Universities Act, 1973, 1973

Section - S. 49

Act Name - Uttar Pradesh State Universities First Statutes (Age of Superannuation, Scales of Pay and Qualifications of Teachers), 1975,

Section - Statute 10B

Questions Referred

1.Whether there is a conflict between the ratio of the decisions in the cases of Daljeet Singh v. State of U.P., 2007(7) ADJ 117 (DB) and Om Saran Tripathi v. State of U.P., 2009(8) ADJ 322 (DB) and if so, which of the views lays down the law correctly?

2. Whether an officiating Principal appointed under Statute 10.20 of Purvanchal University, is entitled to payment of salary in the regular grade of the Principal or not.?

List of Cited Cases

• Daljeet Singh v. State of U.P., 2007(7) ADJ 117 (DB)
• Om Saran Tripathi v. State of U.P., 2009(8) ADJ 322 (DB).

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.226

Act Name - Uttar Pradesh Co-operative Societies Act, , 1966

Section - S.29

Questions Referred

Whether the High Court may issue a writ, order or direction in the exercise of its writ jurisdiction under Article 226 of the Constitution of India for continuance of a Committee of Management of a co-operative society even though the term of the co-operative society has come to an end in accordance with the provisions of Section 29 of the U.P. Co-operative Societies Act, 1965?

Subject

Statutes

Act Name - U.P. Intermediate Education Act, , 1921

Section - S. 164

Questions Referred

Whether the judgment of the Division Bench in Vaibhav Jain v. State of U.P. (Special Appeal No. 1283 of 2008, decided on 4 January 2011) lays down the correct position in law when it holds that the term of the Committee of Management will start from the date of its election even if the elected body has started functioning much after the declaration of the results of the election?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16

Act Name - U.P. Intermediate Education Act, , 1921

Section - S.16G

Act Name - Government Order dated 10.12.2002,

Section - NA

Questions Referred

(a)Whether the Government Order dated 10.12.2002 which provides for computation of distance of the institution concerned for the purpose of payment of house rent allowance from the original Nagarpalika, in the facts of the case Mirzapur, is binding between the parties?

(b)Whether the Government Order dated 10.12.2002 is in violation of Article 14 and 16 of the Constitution of India?

(c) Whether the judgment of the Division Bench holding that it is irrelevant from which Municipal Board the distance of the institution is less than 8 kilometers, lays down the correct position in law or no?

Subject

Statutes

Act Name - U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, , 1961

Section - S.15

Questions Referred

Whether the District Magistrate or the competent authority under the U. P. Kshettra Panchayat and Zila Panchayat Act, 1961 while proceeding to entertain a notice for tabling a no confidence motion under Section 15 thereof against the Block Pramukh, can exercise his discretion for examining the genuineness or veracity of the signatures endorsed by the members, and as to whether there is a direct conflict on principles in the judgments of this Court on the issue?

Subject

Statutes

Act Name - U.P. Secondary Education Services Selection Board Act, , 1982

Section - S. 33 E

Act Name - U.P. Intermediate Education Act, , 1921

Section - S. 16 -E(11), Proviso

Questions Referred

(a) Whether even after the rescission of Removal of Difficulties Orders under Section 33-E of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (Act) (U.P. Act No. 5 of 1982), with effect from 25 January 1999, the Committee of Management retains the power to make ad hoc appointment against short term vacancies only because it had published an advertisement for the purpose prior to 25 January 1999?

(b) Whether on enforcement of Section 33-E of the Act rescinding the Removal of Difficulties Orders issued earlier, the Committee of Management has lost all powers to make ad hoc appointment against short term vacancies?

(c) Whether under Section 16-E of the Intermediate Education Act 1921 (Act of 1921), there is a power with the Committee of Management to make ad hoc appointment against short term vacancies and if so then for what period?

(d) Whether the Division Bench in the case of Subhash Chandra Tripathi v. State of U.P., Writ-A No. 70721 of 2010, decided on 14 July, 2014, has laid down the correct law?

Subject

Statutes

Act Name - U.P. Value Added Tax Act, , 2008

Section - S. 81 (2)(b), 56

Act Name - The Uttar Pradesh Trade Tax Act, 1948, 1948

Section - S 10-B

Act Name - Uttar Pradesh General Clauses Act, 1904, 1904

Section - S 6(e)

Questions Referred

1. Whether in view of the judgments of the Supreme Court in Hari Shanker v. Rao Girdhari Lal Chowdhury, AIR 1963 SC 698 and Shiv Shakti Cooperative Housing Society v. Swaraj Developers, (2003) 6 SCC 659, declaring the power of revision as not a substantive right but merely an enabling provision, the provision for a revision under Section 10B of the U.P. Trade Tax Act, 1948 would on the repeal of that Act not be saved under Section 81 (2) of the U.P. Value Added Tax Act, 2008?

2.Whether the view expressed by the Division Benches of this Court in Dharma Rice Mill v. State of U.P., 2010 UPTC 648 and Kumar Rice Mills v. State of U.P., 2010 UPTC 1594, taking a contrary view lay down the correct law, having been expressed upon non-consideration of the judgments of the Supreme Court in the case of Hari Shanker v. Rao Girdhari Lal Chowdhury (supra) and Shiv Shakti Cooperative Housing Society v. Swaraj Developers (supra)?

List of Cited Cases

• Hari Shankar and others v. Rao Girdhari Lal, Chowdhury , AIR 1963 SUPREME COURT 698
• Shiv Shakti Co-op. Housing Society, Nagpur v. M/s. Swaraj Developers and others, AIR 2003 SUPREME COURT 2434

Subject

Statutes

Act Name - U.P. Municipalities Act, , 1916

Section - S.48(2) Proviso

Questions Referred

(a) Whether the Full Bench judgment in the case of Hafiz Ataullah Ansari v. State of U.P. (supra) lays down the correct law?

(b) Whether in view of the language of the proviso to Section 48(2) of the U.P. Municipalities Act, there can be any proceedings for removal of the President without his financial and administrative powers ceasing, under the proviso?

(c) Whether cessation of financial and administrative powers of the President follows automatically with the issuance of a show-cause notice under Section 48 (2) calling upon him to show-cause as to why he may not be removed?

(d) Whether any separate order for cessation of financial and administrative powers of the President is required to be made while issuing a notice under the proviso to Section 48(2) or such cessation follows automatically?

(e) Whether in view of the specific language of Section 48(2), the question of opportunity of hearing before cessation of the financial and administrative powers of the President stands excluded?

List of Cited Cases

• Hafiz Ataullah Ansari v. State of U. P., 2011 (3) ADJ 502 (FB)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 162, Art 226

Act Name - National Council for Teacher Education Act, 1993, 1993

Section - S. 12 A

Act Name - Right of Children to Free and Compulsory Education Act, 2009, 2009

Section - S. 23, 38

Act Name - U.P. Basic Education Act, , 1972

Section - S 11

Act Name - Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011,

Section - R 16-A

Questions Referred

(1) Whether the appointment of Shiksha Mitras in pursuance of the Government Order dated 26 May 1999 was of a statutory character?

(2) Whether the State Government did have the power, by virtue of Section 13(1) of the Basic Education Act 1972 and having due regard to the provisions of Entry 25 of the Concurrent List to the Seventh Schedule, 50 PART B to issue the Government Order dated 26 May 1999?

(3) Whether the Government Order dated 26 May 1999 can be regarded as a valid exercise of power under Article 162 of the Constitution, where the Service Rules of 1981 were silent in regard to the appointment of untrained teachers?

(4) Whether the Village Education Committees had a statutory character by virtue of Section 11 of the U P Basic Education Act, 1972?

(5) Whether the appointment of Shiksha Mitras can be regarded as being made against substantive posts, since the number was determined in the ratio of students to teachers in the proportion of 1:40 ?

(6) Whether the permission granted by NCTE on 14 January 2011 is a valid permission under Section 16(3)(d) of the NCTE Act?

(7) Whether the petitioners could be regarded as being persons aggrieved to challenge the permission granted by NCTE?

(8) Whether the effort on the part of the State to grant training to untrained teachers can be regarded as a reasonable effort and not malafide?

(9) Whether the appointment of Shiksha Mitras has been duly protected by the proviso to Section 12?A and could be validly brought into the regular cadre of Assistant Teachers by amendment of the Service Rules of 1981?

(10) Whether the power of NCTE to lay down minimum qualifications could only be exercised by framing Regulations under Section 32 of the NCTE Act?

(11) Would the effect of the insertion of Section 12-A suspend the effect and operation of the notification dated 23 August 2010?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16

Questions Referred

(A.) Whether a Degree in the field in question is entitled to be viewed as a higher qualification when compared to a Diploma in that field?

(B.) Whether the decisions in Alok Kumar Mishra and Kartikey lay down the correct position in law when they hold that a Degree holder is excluded from the zone of consideration for appointment as a Junior Engineer?

(C.)Whether a degree holder can be held to be ineligible to participate in a selection process for Junior Engineer in light of the relevant statutory rules?

(D)Whether the exclusion of degree holders from the zone of consideration would meet the tests as propounded by the Supreme Court in State of Uttarakhand Vs. Deep Chandra Tewari?

List of Cited Cases

• State of Uttrakhand v. Deep Chand Tiwari, AIROnline 2013 SC 170 : 2013 (15) SCC 557

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16

Questions Referred

(i)Whether government servant upon retirement on attaining the age of superannuation or otherwise is entitled to full pension/death-cum-retirement-gratuity on and during pendency of judicial proceedings ?

(ii)Whether the government servant/pensioner is entitled to full pension/death-cum-retirement gratuity before conclusion of the disciplinary proceedings/or judicial proceedings and final orders being passed thereon by the competent authority?

(iii)Whether the view expressed in Jai Prakash lays down the correct law or that expressed in Faini Singh the other decisions noted in the referring order?

Subject

Statutes

Act Name - Electricity Act, 2003, 2003

Section - S.42(5), S.42(6), S.42(7), S.2(15), S.176, S.181

Act Name - Electricity Rules, 2005,

Section - R.7

Act Name - Uttar Pradesh Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2007,

Section - Regn.8.1

Questions Referred

(I)Whether Regulation 8.1(i) of the Uttar Pradesh Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2007 is ultra vires the provisions of the Act?

(II)Whether the judgment of the Division Bench in M/s. Jindal Poly Films Ltd. v. U.P. Electricity Regulatory Commission, Lucknow decided on 15 April 2011 can be regarded as laying down the correct principle of law?

Subject

Statutes

Act Name - U.P. Secondary Education Services Selection Board Act, , 1982

Section - S. 33

Act Name - Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Second Order, 1981,

Section - Para 3

Questions Referred

(a)Whether an ad-hoc appointee, appointed against a short term vacancy, would automatically cease to be in employment upon conversion of the vacancy into a substantive vacancy?

(b) Whether the ad-hoc appointee against a short term vacancy is entitled to continue to serve, even though the vacancy is converted into a substantive vacancy, until appointment of either an ad-hoc teacher in accordance with the provisions of the U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 or till appointment of a regularly selected teacher recommended by the Commission/ Board, whichever is earlier?

(c) Whether the benefit of regularization as provided under Section 33-B of the UP Act No. 5 of 1982 is available only where the short term vacancy gets converted into a substantive vacancy after the commencement of U.P. Act No. 1 of 1993 i.e. 7.8.1993 and not before?

(d) Whether the Full Bench decision in the case of Smt. Pramila Mishra (supra) lays down correct law as it fails to consider the legislative intent reflected by the insertion of Section 33-B in UP Act No. 5 of 1982?

List of Cited Cases

• Smt. Pramila Mishra v. Deputy Director of Education, Jhansi Division, Jhansi and others, 1997 (2) UPLBEC 1329

Subject

Statutes

Act Name - Government Order dated 6.12.1991/24.12.1991,

Section - Ban imposed on appointment of any person as daily wager or on work charge basis by the Nagar Palika Nagar Nigam Department.

Questions Referred

1. Whether the judgment of learned Single Judge passed in Rajendra Prasad Singh's case, which has been affirmed by the Division Bench in Special Appeal No. 1211 of 2009, is correct or not?

2. Whether in absence of any post in the establishment/department in question, the appointment can be sustained or not?

3. Whether in the absence of post directives can be issued for ensuring payment of salary?

Subject

Statutes

Act Name - U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, , 1961

Section - S.15, S.6, S.237, S.79, S.81, S.82, S.83, S.84, S.85

Questions Referred

Whether the elected members of the Kshetra Panchayat, who have not taken or subscribed to the oath of office as member before taking their seats in the house are entitled to sign the notice of intention to bring a 'no confidence motion' against the Pramukh and to participate and vote in the meeting held for the consideration of such a no confidence motion?

List of Cited Cases

• Shyam Narayan Ram v. State of U.P. and others , 2019 (2) ADJ 21
• Ram Pal Singh v. State of U.P. and others (2018) 6 SCC 692

Subject

1. Service- Departmental Proceeding

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 309

Act Name - Police Act, 1861, 1861

Section - S 46(2)(c)

Questions Referred

(a) Which of the law laid down in the case of Krishna Murari (supra) or law laid down in the case of State of U.P. and others v. Anil Kumar Bharti is the correct law?

(b) Whether in respect of departmental proceeding to be initiated against the inferior staff (Group-D staff) working in U.P. Police, the procedure as laid down under the Rules 1999 will apply or the provisions of the Rule, 1991 would be applicable?

Subject

Statutes

Act Name - Revenue Recovery Act, 1890, 1890

Section - S. 3, 5

Act Name - U. P. Zamindari Abolition and Land Reforms Act, , 1951

Section - S 279

Act Name - Uttar Pradesh Agricultural Credit Act , 1973, 1973

Section - S 11

Act Name - Uttar Pradesh Zamindari Abolition & Land Reforms Rules, 1952,

Section - R 284

Act Name - Uttar Pradesh Agricultural Credit Rules, 1975,

Section - R 12

Questions Referred

Whether decision in Mange Ram and another v. State of U.P. and others, 2010(4) ADJ 390 (DB) in so far as it takes the view that there is no provision under any of the Acts for levying any collection charges for mere issuance of citation or sale proclamation is correct or, the decision in Chinta Mani v. State of U.P. and others, 2010(6) ADJ 302 (DB) holding that provisions of sub-section (2) of Section 279 do not contain any provision for an absolute waiver of recovery charges where the citation has been issued under sub-section (1) and the charging Section empowers the Collector to raise such demand subject to the rules and provision of Revenue Recovery Act U.P. Act No. 37 of 2001, is correct?

List of Cited Cases

• Chinta Mani v. State of U.P. and others, 2010(6) ADJ 302 (DB)
• Mange Ram and another v. State of U.P. and others, 2010(4) ADJ 390 (DB)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 309

Act Name - Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974,

Section - R.5

Questions Referred

(1) Whether the judgments in Subhash Yadav Vs. State of U.P. and Vivek Yadav Vs. State of U.P. & Ors. on the interpretation of the provisions of Rule 5(iii) and the proviso thereto read with Rule 8 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, lay down the correct position of law?

Subject

Statutes

Act Name - Police Act, 1861, 1861

Section - S.2

Act Name - Uttar Pradesh Police Regulations,

Section - Regn.525

Questions Referred

(1) Whether a police constable working in the civil police who has rendered service for more than ten years cannot be transferred to another branch in view of the provisions of Regulation 525 of the Uttar Pradesh Police Regulations in view of the decision of the Supreme Court in Jasveer Singh v. State of U.P. and others, 2008(2) ADJ 484 (SC) : 2008(1) ESC 158 (SC)?

(2) Whether the government railway police and civil police constitute one cadre or different service cadres?

Subject

Statutes

Act Name - Industrial Employment (Standing Orders) Act, 1946, 1946

Section - S.15, S.12A

Questions Referred

1.Whether amendments made in Model Standing Orders become automatically applicable to Certified Standing Orders without any amendment to the Standing Orders of the establishment finally certified under Section 10 of the Industrial Employment (Standing Orders) Act, 1946?

2. Whether model orders framed by Central Government and amendments therein supersede the Model Standing Orders framed by State of U.P.'' Industrial Employment (Standing Orders) Act, 1946?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.225, Art.226

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.5 R.1

Questions Referred

(a) Whether the Court concerned can assume jurisdiction not conferred upon the Court under the distribution of work by Hon'ble Chief Justice/Acting Chief Justice?

(b) Whether a Court hearing a petition can frame an issue and then answer the same, although the issue may not arise for consideration in the proceedings before the Court?

(c) Whether the High Court on judicial side can issue directions for regulating the entry, conduct and other related matters in respect of practice as a lawyer in the High Court, Subordinate Courts, Tribunal and other authorities?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art. 225

Act Name - Allahabad High Court Rules, 1952,

Section - Chap.8 R.5

Questions Referred

Where a learned Single Judge while hearing a writ petition calls for counter and rejoinder affidavits, but does not pass any order on the stay application either granting or refusing a stay, will the order amount to a refusal of interim relief to the petitioner either temporarily or impliedly and a 'judgment' within the meaning of Chapter VIII Rule 5 of the Rules of the Court, 1952?

Subject

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - 362

Questions Referred

At which stage dissent to be indicated (by the companion Judge on the Bench), at the time of conclusion of dictation or during the course of discussion?

Subject

1. Criminal Law - Procecution - Withdrawal - Judicial Review

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.321

Questions Referred

1. Whether the power of withdrawal can be exercised by State Government under Section 321 of Code of Criminal Procedure in a whimsical or arbitrary manner or it is required to be exercised for the considerations, just, valid and judicially tenable?

2. Whether decision taken by State Government for withdrawal of cases communicated to Public Prosecutor with direction to proceed ahead is open to judicial review or not in a writ jurisdiction under Article 226 of the Constitution of India?

3. Whether State Government should not be required to make scrutiny of various criminal cases pending in Subordinate Courts to find out if they deserve withdrawal in exercise of powers under Section 321 Cr.P.C. irrespective of fact that accused or anyone else has approached the Government for this purpose or not?

Subject

1. Service Law - Education - Reservation - Creamy Layer - Certificate

Statutes

Act Name - U.P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes), 1994, 1994

Section - S.3, S.8

Questions Referred

(A)Whether the candidature of an OBC candidate is liable to be rejected on the ground of the caste certificate having been submitted after the last date for submission of applications?

(B)Whether the decision in Arvind Kumar Yadav lays down and represents the correct position in law ?

(C)Whether there exists any irreconcilable difference or repugnancy between the norms fixed by the Union and State Governments with regard to certification of creamy layer? If not, its effect?

List of Cited Cases

• Arvind Kumar Yadav v. U.P. Police Recruitment and Promotion Board (2017 (120) All LR 843)

Subject

1. Service Law - Minority Institution - Assistant Teacher

Statutes

Act Name - U.P. Intermediate Education Act, , 1921

Section - S.16G

Act Name - Government Order Date 25.11.2005,

Section - NA

Act Name - Constitution Of India, 1950, 1950

Section - Art. 30

Act Name - Regulations under the U.P. Intermediate Education Act, 1921,

Section - Chapter II

Questions Referred

(1) Whether the law laid down in the case of N.B. Lal v. District Inspector of Schools (supra) that provisions of Chapter II Regulation 5 providing for filling up 50% post by promotion of Assistant Teacher violates the right of minority institution guaranteed under Article 30 of the Constitution?

(2) Whether the institution claiming itself to be a minority institution and acknowledged as such by the State Government is entitled to not to consider the claim of promotion of teachers of the primary section of Intermediate Colleges claiming promotion under the Government Order dated 25.11.2005 whereby 25% quota is reserved in their favour, on the ground that it offends Article 30 of the Constitution of India?

(3)Whether the provisions relating to promotion in respect of teachers of Intermediate College contained in Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921, can be treated to be regulatory in nature, not violative of rights under Article 30 of the Constitution of India?

List of Cited Cases

• N. B. Lal v. District Inspector of Schools and Ors. Writ Petition No. 9776 of 1984, decided on 31 August, 1984

Subject

1. Administrative Law - Panchayat - Tribunal

Statutes

Act Name - U.P. Panchayat Raj Act, 1947, 1947

Section - (26 of 1947) , S.95(1)(g) Proviso

Questions Referred

(i) As to Whether the District Magistrate at the point of time when he proceeds to cease the administrative and financial authority of the Pradhan, he acts as a Tribunal or acts as an administrative authority?

(ii) The view as expressed in the case of Smt. Sonia (supra) that under the scheme of things provided for under the U.P. Panchayat Raj Act, 1947, the District Magistrate exercising delegated authority of State Government acts as Tribunal is a correct view or District Magistrate exercises administrative authority, while exercising authority under Section 95(1)(g) of U.P. Panchayat Raj Act, 1947?

List of Cited Cases

• Smt. Sonia v. State of U.P. (Spe.App.No. 65 of 2017 decided on 31.01.2017)

Subject

1. Criminal Law - Appeal by Victim - Limitation

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.372 Proviso, S.378(5), S.2(wa)

Questions Referred

Whether computation of period of limitation in filing the appeal at the instance of the victim would lie within 60 days as provided under section 378 (5) Cr.P.C. or ninety days following the decision of Division Bench of the Court in Criminal Misc. Application Defective U/s 372 Cr.P.C. ( Leave to Appeal) No. 83 of 2013 ?

Subject

1. Societies-Registration

Statutes

Act Name - Societies Registration Act, 1860, 1860

Section - S.25(2)

Act Name - U.P. State Universities Act, 1973, 1973

Section - S.57

Questions Referred

1.Whether there can be a mandamus commanding the Authorized Controller/ District Magistrate to hold election of office bearers of a registered society contrary to the provisions of Section 25 (2) of the Societies Registration Act, 1860?

2.Whether there could be a direction to the Authorized Controller/District Magistrate to hold elections, more so when a second appeal is pending?

Subject

1. Service-Pension

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - :Art. 16, 309

Act Name - Civil Service Regulations, 1889,

Section - Art 370

Questions Referred

Whether the period of service rendered as a work charged or a daily wage employee is liable to be counted for the purposes of computing ''qualifying service'' as required by Regulation 370 for the grant of pension?

Subject

1. Co-operative Societies

Statutes

Act Name - U.P. Co-operative Societies Act, , 1966

Section - S.122

Act Name - U.P. Cane Co-operative Service Regulations (1975),

Section - Regn.21

Questions Referred

1.Whether a writ petition under Article 226 of the Constitution of India would be maintainable against a Co-operative Cane Development Society, at the instance of its employee, for alleged breach of the provisions of the Uttar Pradesh Cane Co-operative Service Regulations, 1975 which govern his service conditions?

2. Whether the law laid down in Ram Karan v. State of U.P. and others, Writ-A No. 27306 of 2014, or Srinarayan Gupta v. State of U.P., Special Appeal (D) No. 779 of 2014, decided on 12th September, 2014, is the correct law, in view of the law laid down by the Full Bench in Vijay Bihari Srivastava v. U.P. Postal Primary Co-operative Bank Ltd.?

3. Whether the U.P. Cane Co-operative Service Regulations, 1975 are statutory in nature having been issued under Section 122 of the Uttar Pradesh Co-operative Societies Act, 1965 or are merely in the nature of administrative instructions?

List of Cited Cases

• Ram Karan v. State of U. P. and others (2014 (5) ALJ 336)
• Vijay Behari Srivastava, v. U. P. Postal Primary Co-operative Bank Ltd.(2003 ALL. L. J. 748)

Subject

Statutes

Act Name - Indian Penal Code , 1860, 1860

Section - S. 302, 63

Questions Referred

Whether it is mandatory to impose fine in addition to the substantive sentence of imprisonment for the offence punishable under Section 302 IPC?

Subject

Statutes

Act Name - U.P. Secondary Education Services Selection Board Act, , 1982

Section - S.10, S.35

Act Name - Constitution Of India, 1950, 1950

Section - Art. 141

Act Name - Uttar Pradesh Secondary Education Services Selection Board Rules, 1998,

Section - R.14(3), R.(1), R.12, R.10, Proviso

Questions Referred

(a). Whether the Full Bench in the case of Raeesul Hasan (supra) has laid down the correct law?

(b). Whether there can be two different years of recruitment with reference to the posts, which are within the direct recruitment quota and for the posts within the promotion quota under Rules 10,11 and 14 of the U.P. Secondary Education Services Selection Board Rules, 1998?

(c.) Whether Rule 10 of the Rules 1998 read with the proviso attached to it necessarily entails the determination of the number of vacancies to be filled by way of promotion in that year of recruitment which would end on 30th of June of the succeeding year by adding all the existing and likely vacancies due for retirement so as to make the proviso workable which requires that the vacancies, which may not be filled by promotion be intimated to the Board for direct recruitment by 31 of July of that year?

(d.) Whether the view taken by the Full bench would result in giving a leverage to the management to decide as to what would be the year of recruitment under Rule 14 of Rules 1998 or determine the 1st day of the year for eligibility requirements for promotion at its whims and fancies and thereby defeat the right of eligible L.T. Grade teachers for promotion on their turn?

(e). Whether determination of the quota under which a particular vacancy in Lecturer's grade would fall has necessarily to be so done with reference to the date of occurrence of vacancy in the institution or the management has a right to club all the vacancies of the recruitment year and decide which is to be filled by direct recruitment and which by promotion?

List of Cited Cases

• Raeesul Hasan v. State of U.P. and others ( 2015 (6) ADJ 778) : (AIR 2015 All 139 (FB)

Subject

1. Women and Law- Domestic Violence

Statutes

Act Name - Code of Criminal Procedure, 1973, , 1974

Section - S.397, S.401

Act Name - Protection of Women from Domestic Violence Act, 2005, 2005

Section - S.29

Questions Referred

(i) Whether a revision under Section 397/401 of the Code of Criminal Procedure, 1973 is maintainable before the High Court challenging an order passed by the Court of Sessions under Section 29 of the Act 2005?

(ii) Whether the decisions in the case of Nishant Krishna Yadav (Criminal Revision No. 4016 of 2015) and Manju Shree Robinson and others v. State of U P and others (Writ Petition No. 7926 (MS) of 2015) lay down the law correctly on the question of maintainability of a Revision under Section 397/401 of the Code of Criminal Procedure before the High Court against an order passed by the Court of Sessions under Section 29 of the Act 2005 in view of the earlier decisions of the Supreme Court in the case of Thakur Das v. State of Madhya Pradesh and another, (1978) 1 SCC 27; National Sewing Thread Co. Ltd., Chidambaram v. James Chadwaick and Bros., AIR 1953 SC 357; Maharashtra State Financial Corporation v. Jayee Drugs & Pharm, (1991) 2 SCC 637; and ITI Ltd. v. Siemens Public Communications Networks Ltd., (2002) 5 SCC 510 ?

List of Cited Cases

• Thakur Das v. State of Madhya Pradesh and another, (1978) 1 SCC 27
• National Sewing Thread Co. Ltd., Chidambaram v. James Chadwaick and Bros., AIR 1953 SC 357
• Maharashtra State Financial Corporation v. Jayee Drugs & Pharm, (1991) 2 SCC 637
• ITI Ltd. v. Siemens Public Communications Networks Ltd., (2002) 5 SCC 510

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.225

Act Name - United Provinces High Court (Amalgamation) Order, 1948,

Section - Cl.14

Questions Referred

1. The Amalgamation Order, 1948 is a special law hence whether territorial jurisdiction of the two Benches of the Allahabad High Court has to be decided in view of the provision of Clause 14 of the Amalgamation Order, as interpreted, in case of Nasiruddin, by the Apex Court or in view of the notification of State Government with regard to the place of sitting of Special Judge, CBI ?

2. Whether decisions of the two Division Bench of this Court in case of Sanjay Somani and Dr. Balram Dutt Sharma deciding the territorial jurisdiction, by the location of the court, which has passed the impugned order or where the proceeding is pending, are against the object and provision of Clause 14 of the Amalgamation Order and against the judgment of the Supreme Court in cases of Nasiruddin and para 14 of U. P. Rashtriya Chini Mill's case ?

List of Cited Cases

• U. P. Rashtriya Chini Mill Adhikari Parishad, Lucknow v. State of U. P. and others, reported in (1995) 4 SCC 738 : (AIR 1995 SC 2148).

Subject

Statutes

Act Name - University Grants Commission Act, 1956, 1956

Section - S. 2 (f), 3

Act Name - U.P. Intermediate Education Act, , 1921

Section - S. 15

Questions Referred

(a) Whether Adhikari Pariksha Certificate issued by the Gurukul Viswavidyalaya, Vrindavan, Mathura, up to the year 2008 i.e. till it was recognised by the U.P. Board of High School and Intermediate Education as equivalent to High School, obtained with English as one of the subject and passed in one year is a valid qualification equivalent to High School, regardless of Gurukul having been declared a fake University by the UGC?

(b) Whether the decision of the division bench in Special Appeal No. 1990 of 2011 dated 13.10.2011 (Indrawati Devi v. State of U.P. and others), which holds that ''Adhikari Pariksha'' certificate obtained from Gurukul Viswavidyalaya, Vrindavan, Mathura cannot be held to be a valid degree, does not lay down the correct law?

List of Cited Cases

• Indrawati Devi v. State of U.P. and others (Neutral Citation No. - 2011:AHC:161136-DB)

Subject

Statutes

Act Name - U.P. Intermediate Education Act, , 1921

Section - S.16C

Act Name - U.P. State Universities Act, 1973, 1973

Section - S.2(13)

Questions Referred

(1) Whether the amendment will become effective from the date of the amendment?

(2) Whether the amendment, extending the term of the Committee of Management, will apply to the existing Committee of Management, which has made the amendment or it applies to the Committee of Management which will be formed after the election being held after the amendment?

List of Cited Cases

• Bishun Narain v. State of U.P., AIR 1965 SC 1567
• M.M.I. Inter College, Bijnor v. Dy. Director of Education, 1995 All LJ 427

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.309

Act Name - Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974,

Section - R. 2 (c)

Questions Referred

Whether the definition of 'family' in Rule 2 (c) of U.P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974 is inclusive or exhaustive?

List of Cited Cases

• Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation (1985) 4 SCC 71
• Regional Provident Fund Commissioner v. Hooghly Mills Company Ltd. (2012) 2 SCC 489

Subject

Statutes

Act Name - U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, , 1961

Section - S.15(3)(ii

Questions Referred

(i) Whether notice required to be given under Section 15(2) and (3) of Act, 1961 as also under Section 28(2) and (3) of Act, 1961 read with Rules prescribing the format and procedure is mandatory?

(ii)Whether the observations made in Ram Nath Tripathi (supra) that requirement of notice in prescribed form alongwith its enclosures in complete format is mandatory, or directory as observed in Smt. Krishna Jaiswal (supra). Which of these judgement lays down correct law?

List of Cited Cases

• Ram Nath Tripathi v. Commissioner Lucknow Division, Lucknow and other (1992) 2 UPLBEC 1181
• Smt. Krishna Jaiswal v. State of U.P. and others 2005 (2) AWC 1732

Subject

Statutes

Act Name - Uttar Pradesh Sub-ordinate Civil Courts Inferior Establishment Rules, 1955,

Section - R.4

Act Name - Uttar Pradesh Regularisation of Ad hoc Appointment (On Posts Outside the Purview of the Public Service Commission) (Third Amendment) Rules, 2001,

Section - R.2

Questions Referred

1.Whether a policy decision with regard to appointment of class III or class IV employees can be taken by the Chief Justice alone or by the Administrative Committee or by the Full Bench or by a committee authorised by the Chief Justice?

2. Since in Rule 4 for appointment on class IV posts namely, chowkidar, waterman, sweeper, etc. discretion has been conferred on the District Judge for making appointment, whether the discretion which is conferred on the District Judge by the rule making authority by means of legislation, can be taken away by the judicial pronouncement and as such even such posts should be filled by advertisement?

3. Whether the decision taken by the committee constituted by the Chief Justice, Administrative Committee or the Full Court is to operate prospectively or will apply retrospectively which would result in removal of all the employees on class III and class IV posts in the district judgeships who have been appointed without advertisement and have been regularized, whether such employees can be removed from service?

4. Where an ad hoc employee is appointed and is continued for a fixed period of three months, his services are extended from time to time and funds are sanctioned by the High Court for paying salary etc. to them, whether such appointment is treated to have obtained assent of the High Court and, therefore, continuance in service is legal and whether such employees who have put in about 8 years or more service, is entitled to be regularize ?

5. Whether engaging or appointing class IV employees on daily wages requires the advertisement?

Subject

Statutes

Act Name - U.P. Secondary Education Services Selection Board Act, , 1982

Section - S. 16, 35, 11 and 10

Act Name - U.P. Intermediate Education Act, , 1921

Section - Chapter III, Regulations 101 to 107

Act Name - Uttar Pradesh Secondary Education Services Selection Board Rules, 1998,

Section - 13, 12, 10 and 4

Questions Referred

(a) Whether a dependent can claim appointment against a post of teacher even after the post has been requisitioned to the selection Board in view of the Regulations 101 to 106 of Chapter III of the Regulations framed under the Intermediate Education Act merely because he has qualifications for the same, specifically when on the date of requisition, no such application for compassionate appointment was pending?

(b) Whether Article 16 of the Constitution of India will be applicable to the teachers working in recognized Intermediate Colleges which are under the private management even if aided by the State Government?

(c) Whether the judgment of the Division Bench of this Court in the case of Ved Prakash (Supra) lays down the correct law?

List of Cited Cases

• Ved Prakash v. Hari Krishna Singh and others (2011 (6) ALJ 1)

Subject

Statutes

Act Name - Essential Commodities Act, 1955, 1955

Section - S.3

Act Name - Uttar Pradesh Scheduled Commodities Distribution Order, 2004,

Section - Cl.28(3)

Questions Referred

(a)Whether the Division Bench in the case of Rajeshwar Prasad (supra) was justified in declaring the mandamus issued by a coordinate bench as bad and thereby directing that any Government Order issued in pursuance thereof may be withdrawn forthwith or it should have referred the matter to a larger bench?

(b) Whether both the Division Benches in the case of Jagannath Upadhyay (supra) and Rajeshwar Prasad (supra) were correct in issuing general mandamus either way in the matter of fresh settlement of shop during the pendency of the appeal before the Commissioner or not?

List of Cited Cases

• Jagannath Upadhyay v. State of U.P. (Misc. Bench No. - 10373 of 2011)
• Rajeshwar Prasad v. State of U.P. and 3 others (Writ - C No. - 36241 of 2014)

Subject

Statutes

Act Name - Motor Vehicles Act, 1988, 1988

Section - S.173, S.170, S.149(2), S.149(4) Proviso

Questions Referred

(i) Whether the insurer can contest a motor accident claim on merits, in particular, in regard to the quantum, in addition to the grounds mentioned in Section 149 (2) of the Act for avoiding liability under the policy of insurance?

(ii) Whether an insurer can prefer an appeal under Section 173 of the Motor Vehicles Act, 1988, against an award of the Motor Accident Claims Tribunal, questioning the quantum of compensation awarded?

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.16, Art.226

Act Name - Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act., 1971, 1971

Section - S.9

Questions Referred

(1) Whether in the absence of any sanctioned post, can a direction in the exercise of powers under Article 226 of the Constitution of India be given for payment of salary when admittedly no post has been sanctioned by the competent authority?

(2) Which of the two decisions in the case of Rajesh Yadav (supra) and Om Prakash Verma (supra) keeping in view the Full Bench decision in the case of Gopal Dubey (supra), lays down the law correctly?

(3) Whether the State Government or its authorities, who are authorized to create posts, by virtue of their inaction can defy creation of posts in an institution keeping in view the larger interest of the society namely education which is specifically in the hands of the State Government?

(4) Whether the State Government under the garb of threat of contempt could proceed to issue a direction for payment of salary to a teacher who was never appointed in the institution as admitted in the present case?

List of Cited Cases

• Rajesh Yadav v. Director of Education (Madhyamik), U. P., Allahabad, [2009 (27) LCD 292] : (2008 (6) ALJ 97)
• Om Prakash Verma, 2003 (1) ESC (All) 263 : (2003 All LJ 211)
• Gopal Dubey v. District Inspector of Schools, 1999 (35) ALR 191 : (1999 All LJ 454)

Subject

Statutes

Act Name - Constitution Of India, 1950, 1950

Section - Art.320

Questions Referred

Where the Commission requires the submission of an online application as well as the submission of a hard copy of the application together with all the requisite documents by a prescribed last date and candidates are placed on notice that the candidature of an applicant who has failed to complete all the prescribed stages by the last date would be rejected, would it be a correct position in law to hold that the Commission is bound to entertain the application though the hard copy together with the documents was received after the last date prescribed merely on the ground that the documents had been dispatched before the last date of the receipt of the application?