Court : Allahabad
Reported in : 2001CriLJ4777
..... or germane to the first ground of detention.16. we agree with sri arvind kumar, learned a.g.a. that in view of the amended provision of section 5a inserted by national security (second amendment) act, 1984 w.e.f. 21 -6-1984 the grounds of detention are sev-erable. even if the second ground of detention fails, the ..... maintenance of supplies and services esssential to the community it is necessary so to do. in this case, the order of detention was passed on the ground that criminal act of the petitioner was prejudicial to the maintenance of 'public order'. as found above, the incident, in question, does not fall within the ambit of the expression 'public ..... would repeat his criminal activities would be enough. there must also be credible information or cogent reasons apparent on the record that the detenu, if enlarged on bail would act prejudicially to the interest of public order. that has been made clear in binod singh v. district magistrate dhanbad, 1986 (4) scc 416 (air 1986 sc 2090) .....
Tag this Judgment!Court : Allahabad
Reported in : (1999)3UPLBEC2452
..... statutory corporation. while considering the scope of applicability of writs against the said statutory corporation in relation to its employees while dealing with contract labour (regulation and abolition) act, 1970, as amended by amendment act 14 of 1986, the apex court has held that the corporation was amenable to writ jurisdiction. the said statutory corporation stands altogether on a different footing from a co ..... court was not called upon to decide the issue before it as to whether a co-operative society by virtue of its registration under the cooperative societies act would ipso facto make such society amendable to writ jurisdiction . in the said judgment, reference has made that it is one thing to affirm the jurisdiction another to authorize its free exercise like a .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2253
..... the reservation is less than 50%. the provisions of u.p. act no. 4 of 1994 has undergone an amendment by u.p. public service (reservation for s.c., s.t. and o.b.c.) amendment act, 2002 by which section 3(2) has been amended and backlog vacancies have not to be included while determining the ceiling ..... service.'28. whereas regulation 77 provides for appointment of dependent of deceased employee. the said regulation has undergone an amendment applying u.p. public services (reservation for s.c., s.t. and o.b.c.) act, 1994 for recruitment. the appointment to dependent of deceased employee is an exception to general rule and the reservation ..... in the above mentioned writ petitions are in two categories. the first category of petitioners are those petitioners who were imparted apprenticeship training under the apprenticeship act, 1961 by uttar pradesh state road transport corporation and were given the apprentice certificate and thereafter in the year 1998 they were engaged as contract conductor .....
Tag this Judgment!Court : Allahabad
Reported in : 2003CriLJ2299
..... has rightly held that if a specific date is not specified in the notice, compliance of the provisions of section 441 of the indian penal code as amended by u.p. criminal laws (amendment act), 1961 will be lacking. it has therefore, rightly been observed that the notice served upon the accused was invalid. so, from this legal angle ..... of the accused under the aforesaid section but instead of sentencing him to imprisonment, extended the benefit of section 3 of the uttar pradesh probation of first offenders act and released him with a command of admonition. the accused having felt aggrieved of the said conviction, filed a criminal appeal no. 112/79 which was allowed ..... , the complainant did not vacate the room he had taken possession of, with the permission of the accused and in this way, he himself committed an illegal act of continuing in an unlawful and unauthorized possession of the said room.5. the prosecution examined four witnesses in support of his case while the accused examined ram .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3281
..... sub-section (1) of section 115 of the code of civil procedure.15. the statement of object and reason of civil procedure code u. p. amendment act 2003 reveals that the legislatures had amended section 115 of the code of civil procedure to empower the district judge to revise the orders of courts subordinate to them arising out of original ..... two ordinances have been incorporated in section 115 of the code of civil procedure by civil procedure code (u. p. amendment; act, 2003 (u. p. act no. 14 of2003). the said amendment has received the assent of the president on 19.12.2003 and the amended act has been published in the u. p. gazette extraordinary part i, section (ka). dated 20.12.2003 ..... which has been decided' includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.u. p. amendment as per central act:115 revision.-(1) a superior court may revise an order passed in a case decided in an original suit or other proceeding by a subordinate court where .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All412
..... every order re-determining surplus land under sub-section (3) of this section or section 9 of the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1974: provided that period of thirty days shall, in the case of an appeal against the order referred to in section 9 of the uttar pradesh ..... every re-determination of surplus land under this section or under section 9 of the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1974. 5. in view of the aforesaid amendment the prescribed authority issued a fresh notice and proceedings were drawn afresh for determination of the surplus area and accordingly a fresh case ..... , then notwithstanding anything contained in sub-section (2) of section 19 of the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1972, every appeal under section 13 of the principal act or other proceedings in relation to such appeal, preferred against the said order, and pending immediately before the tenth day of october .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)3UPLBEC2665
..... mentioned that the petitioner has not put in 5 years, continuous substantive service as provided under u.p. secondary education service commission rules, 1982 and other amending act and provisions (without referring to specific amending act or rules).15. no provision has been brought to the notice of this court. even otherwise, this court has not been able to find out one ..... be such as may be prescribed i.e., to say the procedure prescribed under the rules in exercise of rules making power under the original act.10. it may be noted that even the said amending act no. 25 of 1998 was published in u.p. gazette on 25.7.1998 but it was given retrospective effect. section 1(2) of ..... the said amending act reads 'it shall be deemed to have come into force on april 20, 1998.' the reason appears to be that before act no. 25 of 1998 was published in the gazette, new rules called, u.p. secondary education service selection .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC60
..... also made defendant in the suit alongwith the tenant (knmp). in the year 1977 by u.p. act no. 5 of 1977, a new section numbered section 18-a was added in u.p. basic education act, 1972. the amending act further provided that amendment shall be deemed always to have been inserted. the said section is quoted below:--board to become tenant ..... both the impugned judgments are set aside. matter is remanded to the trial court to decide only and only the question of benefit of section 20 (4) of the act to the tenants-respondents.19. as no one has appeared on behalf of tenant-respondent, hence before proceeding further the trial court/j.s.c.c., kanpur shall ensure service ..... tenancy of the tenant.14. absolute transfer of whole interest of the tenant in the property is permissible and provided for under section 108(j) of transfer of property act, relevant portion of which is quoted below:--section 108(j)--the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All82; 1959CriLJ113
..... subject to the liabilities of a police officer belonging to that police force.' 11. section 6 of the delhi special police establishment act, 1946 (no. xxv of 1946) as amended by the delhi special police establishment (amendment) act 1952 (no. xxvi of 1952) read as follows :'6. nothing contained in section 5 shall be deemed to enable any ..... were considered by the sessions judge, inter alia, were whether the investigation by the special police establishment was valid, whether the special police establishment act, 1946 and its subsequent amendment were applicable to the state of uttar pradesh and whether the appointment of the special magistrate was ultra vires of the constitution.6. i have ..... (c) of sub-section (1) of section 190; but in that case it was urged that the mode of trial would be different.according to the amended criminal procedure code section 207-a would apply to the proceedings which had been instituted on a police report but if it is not a police report, a different procedure .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All149; 1959CriLJ268
..... or the knowledge or suspicion of the magistrate himself under section 190 be tantamount to commencement of trial before the magistrate. so far as the criminal law amendment act is concerned, it does away entirely with commitment so much so that by section 10 it cuts short proceedings pending before any magistrate, commitment proceedings or ..... understand them. the above cited procedural provision regarding the case being triable by the special judge only, contained in section 7(1) of the criminal law amendment act, would be applicable provided its retrospective application had not already become barred. it would only be applicable where the intervening period of time between the case ..... special judge. 15. order of commitment under section 212, code of criminal procedure, was in this case passed on 1-3-1952. the criminal law amendment act came into force on 28-7-52. the state government first appointed the district and sessions judge of kanpur as special judge for that district by notification .....
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