Court : Allahabad
Reported in : AIR1952All854
..... the unexpired period expired but she was in possession when the amending act 4 of 1921 was passed and she became entitled to remain in possession for a period of five years after her husband's death, and she remained in occupation for ..... . 421 of 1943, decided on 20-12-1948. in our view the facts of that case were entirely different. the husband danna had, no doubt, died in 1916, before the amending act of 1921 had come into force. the widow, sheorajia was entitled to remain in possession of the property for the unexpired period of seven years. it is not known when ..... . if the landlord accepted rent from him and he became a tenant, he must be deemed to have become a tenant in his own right. in 1922, therefore, when the amended act came into force phulesra had been in possession for more than twenty years as a tenant on behalf of the landlord. it could not be said that during this period .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1727
..... 2 of the code of civil procedure but held that appeal was filed under sub-clause (m) of rule 1 of order xliii but after its deletion by the amending act 104 of 1976 of the civil procedure code the appeal was not maintainable. this case is otherwise distinguishable on facts. thedefendant had filed miscellaneous appeal against an order passed by ..... deleting order xliii. rule 1 (m), the same amending act has added rule 1a in order xliii. sub-rule (2) of rule 1a of order xliii provides that appeal shall he against a decree passed in a suit after recording ..... . rule 1 (m) against an order recording the compromise under rule 3 of order xxiii, c.p.c. but the same having been deleted by c.p.c. amending act 104 of 1976, no such appeal is maintainable. an appeal under order xliii. rule 1 (m) was maintainable as appealable order against an order recording compromise. but while .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2692; (2000)3UPLBEC2272
..... respondent nigam has placed reliance upon the subsequent amendment of section 177 of the act vide u. p. extraordinary gazette dated 26.3.1999. section 177 of the act is amended vide section 4 of the amending act of u. p. municipal corporation (amendment) act, 1999.7. the amended clause (c) of section 177 of the act reads :'building solely used as jails, court ..... solely used as jails, court houses, treasuries, schools and colleges.' 4. the government vide order dated 22.7.1998 (annexure-1 to the writ petition without amending the act, attempted to explain the object of exemption to the schools and colleges and provided that the institutions which are giving education on commercial basis could not be given ..... dated 22.7.1998. the argument has substance and it is accordingly accepted.11. in view of the unambiguous provision of section 177 of the act as well as amended clause (c) of the said section referred to above, we are of the opinion that no general tax could be imposed upon the college of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All166; 2006(3)AWC2147
..... matter by the court, is not revisable under section 115 of c.p.c.6. the provisions of section 115 c.p.c. has been amended by code of civil procedure (amendment) act, 1999 and in that proviso it has been added substituting earlier one and this section for convenience is reproduced as below:revision.:- [(1)] the high ..... under section 115, there is marked distinction in language of section 97(3) of the old amendment act and section 32(2)(i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before the amendment came into force. such an intent is significantly absent in section 32(2)(i). the ..... amendment relates to procedure. no person has a vested right in a course of procedure. he has only .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All119
..... not help the appellant. the first reason being that it is not a case of repeal on the other hand section 102, c.p.c. has been substituted by the amending act and i am afraid that section 6 above may not be applicable to the same. apart from this, clause (c) protect any right, privilege, obligation or liability. it cannot be ..... appeal was decided, the second appeal against the decree was maintainable under section 100, c.p.c. however, section 102, c.p.c. has been substituted by c.p.c. amendment act no. 22 of 2002 enforced w.e.f. 1-7-2002 to provide that no second appeal shall lie from any decree, when the subject-matter of the original suit ..... accrued, the court will take the view in accordance with the policy of law that the right of appeals should be curtailed.16. apart from this section 16 of the amending act 22 of 2002 provides for repeal and savings. clause (2)(a) is material, which is as follows :'16(2) notwithstanding that the provisions of this .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC895
..... been continuously serving the institution from the date of such a appointment up to the date of the commencement of the uttar pradesh secondary education services commission (amendment) act, 1998;(d) has been found suitable for appointment in a substantive capacity by a selection committee consulted under sub-section (2);shall be given substantive appointment ..... padia has invited the attention of this court to the u.p. secondary education services commission (amendment) act, 1998 (u.p. act no. 25 of 1998). section 10 of the said act inserted sections 33-c and 33-d in the principal act. section 33-c which is relevant for the purposes of deciding the present controversy is reproduced ..... by the management.'5. mr. padia submitted that in view of the amendment made by u.p. act no. 25 of 1998, the case of the petitioners are to be considered by the selection committee as constituted under section 33-c (2) .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2069
..... over-ruled in the case of radha raizada (supra) and therefore, these cases occupy the field of adhoc appointment till the amendments were made in section 18 on 14th july, 1992 by the u.p. amendment act no. 24 of 1992. since for the first time in the case of radha raizada (supra) it was held that appointment ..... of labour-cum-conciliation officer, since the post of statistical officer and labour-cum-conciliation officer were inter changeable, according to government decision though the rule was not amended in-conformity with such decision. for the post of labour-cum-conciliation officer, qualification of five years' experience in the working of labour laws as labour inspector ..... have been read in the statute (second removal of difficulties order) both in k. n. dwivedi and the radha raizada and the decisions therein are tantamount to amending the statute by reading the requirement of giving public notice of the vacancy in addition to its notice on the notice board of the institution with a view .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC3101
..... conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.8. section 16(2)(b) of the amending act, 2002 reads as follows:the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted ..... (amendment) act, 1999 and section 7 of this act.9. admittedly, in the present case, the written statement and amendment application have been moved prior to the date of the amendment and, therefore, amended provision of order vi, rule 17, c.p.c. is not applicable in view of ..... or substituted by section 16 of the code of civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ4265
..... court. this is an anomalous situation. at any event, we are of the opinion that the notification dated 31-7-1989 issued under section 10 of the criminal law amendment act, 1932 making section 506, i.p.c. cognizable and non bailable is illegal.10. this petition is disposed of accordingly-11. let a copy of this order be ..... like effect declare that an offence punishable under section 188 or section 506 of the indian penal code shall be non bailable.6. section 10 of the criminal law amendment act, 1932 gives power to the state government to declare certain offences including section 506, i.p.c. to be cognizable and non-bailable and on issuance of the ..... and non bailable offence. this notification states as follows.in exercise of the powers conferred by section 10 of the criminal law amendment act, 1932 (act no. xxiii of 1932) read with section 21 of the general clauses act, 1897 (act no. 10 of 1897) and in suppression of the notifications issued in this behalf; the governor is pleased to declare .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All82
..... later on the state legislature passed code of civil procedure (uttar pradesh amendment act, 2003) by which section 115 c.p.c was amended as applicable in uttar pradesh. the provision under section 115 c.p.c as amended in its application in the state of uttar pradesh is as follows ..... the high court under section 115 of the code of civil procedure.12. the provision under section 115 c.p.c. as amended by act no. 46/1999 is as follows:115. revision - (1) the high court may call for the record of any case which ..... has been decided by any court' while in the provision as applicable in the state of uttar pradesh from the date of the aforesaid amendment i.e. 22.3.2003 the phrase 'used' in section 115 c.p.c. is 'an order passed in a case decided ..... has,a) exercised a jurisdiction not vested in it by law: orb) failed to exercise a jurisdiction so vested; or(c) acted in exercise of its jurisdiction illegally or with material irregularity.(2) a revision application under sub-section (1), when filed in the .....
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