Court : Allahabad
Reported in : (2000)1UPLBEC588
..... in view of the aforesaid facts, the petition cannot be dismissed on the ground that the petitioners have alternative remedy under the payment of wages act and the industrial disputes act. this court in the case of suresh chandra tewari v. district supply officer, reported in : air1992all331 has held that the petition cannot be ..... orders passed by this court although the petition itself was legally not maintainable before this court as the petitioners have remedy under the industrial disputes act and payment of wages act.17. sri s.k. kalia, learned counsel for the petitioners submits that this court has already considered the arguments of the opposite parties ..... source. repeated efforts by sensible ministers like turgot and necker to modernize the economy and save wasteful expenditure were blocked by the foolish king louis xvi acting on the advice of the arch-conservative and reactionary aristocrats and the silly queen marie antoinette. the result was that the day came when no financer .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All153
..... . no doubt the said act did not contain any definition of the term 'decree'.the same result would, however, follow from a perusal of the ..... fees act. the reason is that the court fees act (vii of 1870) came into force on the 1st april, 1870. the code of civil procedure, 1908, was not in existence at that time. on that date the code of civil procedure that was in existence was act viii of 1859 as amended by certain amendment acts passed thereafter ..... . the next question that arises is whether such an appeal is governed by article 17 (vii) of schedule ii of the act. the relevant portion of article 17 (vii) of schedule ii of the act, as amended in uttar pradesh, runs as follows :17. plaintor memo-randumof appeal in each of the following suits:--(i) ..................(ii) ..................(iii) ..................(iv) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All187
..... that the action of the managing committee in dismissing the principal was ultra vires the provisions of section 16-g (3) (a) of the intermediate education (amendment) act, 1958. this letter further stated that under the said provision of law the prior approval in writing of the inspector of schools was necessary before the principal ..... 16(c) which was introduce^ into the intermediate education act, 1921 u. p. act no. ii of 1921) hereinafter called 'the principal act' by section 7 of the intermediate education (amendment) act, 1958 (u.p. act no. xxxv of 1958) hereinafter called 'the amendment act'. section 1 (2) of the amendment act provides that it shall come into force on such date ..... the powers of the agent must be confined within the ambit of the mandate which was contained in section 9 of the amendment act. the powers having been exceeded in the present case, the amendment of section 16-g by the removal of difficulties order no. 2 was also 'ultra vires' and incompetent. the argument of .....
Tag this Judgment!Court : Allahabad
Reported in : (1995)IIILLJ182All; (1990)1UPLBEC516
..... provision has been made for a scheme or administration for every institution whether recognised before or after the commencement of the intermediate education (amendment) act, 1951. it provided that the scheme of administration shall amongst other matters provide for the constitution of a committee of management vested with the authority to ..... before the full bench and it has also not been brought to the noticeof the full bench that in the year 1975 itself a provision had been made by amending intermediate education act for promotion of the teachers on the basis of seniority. in fact, the government notified the u.p. secondary education (removal of difficulties) order, 1975 ..... with as if it were an objection under regulation 4.' moreover, as has been observed above, in the year 1975 itself there had been an amendment in the u.p intermediate education act. a provision was made for promotion of the teachers of the institution on the basis of seniority. the d.o. letter which has been referred .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All122
..... of which they might not have knowledge for several days thereafter, and which date it was not necessary for the judge to have mentioned till the rule was amended. i have already said that in this province ever since 1888, if not even earlier, it has been well known that the only period that would be ..... observed :'now the learned judges in the appeal court have held that in determining what is the requisite time referred to in section 12, sub-section (2), limitation act, the conduct of the appellant must be considered and their lordships think that in so determining they have rightly regarded the statutory provision. in their lordships' opinion, ..... which were within the appellant's control, are sufficiently great to prevent the appellant saying that the time that did elapse must have elapsed even if he had acted with reasonable promptitude.'it was then urged before their lordships that the practice undeviatingly followed by the courts in calcutta was that in determining what is the time .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All238
..... 3 of section 147 have been substituted in place of the words 'permitting such thing to be done, or directing such thing not to be done' by the amending act of 1923. before the amendment, it was held that a mag. had jurisdiction to order the removal of an obstruction for the purpose of permitting the exercise of the right, vide pasupati natn ..... than to leave it to implication. form no. 24 & other forms given in the criminal p. c. are not meant to be exhaustive. they are liable to be altered & amended according to the exigencies of a particular case.25. it must, however, be emphasised that where constructions of a costly nature have been made, for instance, a whole house has ..... object in view.10. 'one of the first principles of law' says craies in his statute law, edn. 4, p 222.'with regard to the effect of an enabling act is that if the legislature enables something to be done, it gives power at the same time, by necessary implication to do everything which is indispensable for the purpose of .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC481; (2005)1UPLBEC554
..... powers under section 28(5) of the state universities act the state government had issued notifications framing regulations known as u.p. state universities (regulation of admission to courses of instruction for degree in education in affiliated, associated and constituent colleges) order, 1987 which has been amended from time to time, the notification was published in ..... t.m.a. pai foundation of karnataka, 2002 (8) scc 481: (2002) 3 uplbec 2817 (sc), and farther the said order of 1987 and amendments made thereafter do not in any way contemplate or provide for admission to un-aided institutions nor they provide for any management quota in respect of the seats. ..... be communicated to the institutions who shall admit the students strictly on the basis of the merit list. the petitioners accordingly moved an amendment application and by means of the amendment the petitioners stated that the grievance raised by them with regard to fixation of management quota seats at 15% under the earlier order .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All28
..... in it; that the court refused amendemnt on the ground that on merits there was no justification; that the court did not act illegally or with material irregularity in rejecting the application for amendment, and that consequently the order was not re-visable by the high court.9. under the present application the certificate under ..... if the defendants were not entitled to get the final decree amended as soon as it was passed, nothing that happened subsequently in the encumbered estates act proceedings or on tej pratap's application for amendment would confer the right upon the defendants to have the decree amended; that what the subsequent judgments andorders did was simply to ..... of the learned special judge in proceedings under the u. p. encumbered estates act in interpreting the final decree for partition by the civil court was in favour of the applicant, the decision operated as res judicata in the proceedings for amendment of the decree and, since a different view was taken by this court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All162
..... public notification to be a village for the purposes of this part and includes a group of villages so specified.' the definition as inserted to the act, by the amendment act, reads: '2(t) 'village' means any local area, recorded as a village in the revenue records of the district in which it is ..... at a loss to explain either to the petitioners, as people, or to this court.9. after the constitutional amendments came into effect and the act was amended by the u.p. panchayat laws (amendment) act, 1994 the state government, through the director of panchayats, issued instructions to the district administration to gear up the ..... state legislature to legislate by incorporating what the constitution of india had intended.3. to precipitate local self-governmentin the villages as a constitutional obligation,the constitution amendment act itself permitted the constituents of the existing gaonsabha, the gaon panchayat, the nyay panchayat, the pradhans. up-pradhans, etc. tocontinue for a period of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All443; 1958CriLJ720
..... irregularity which could not vitiate the trial and the defect, if any, was cured by the provisions of section 537 of the code of criminal procedure (as amended by the criminal procedure code (amendment) act xxvi of 1955). on behalf of the applicants before the learned single judge, two single judge decisions of this court were cited in which the view was taken ..... act expressly provides that'the provisions of this act and the amendments made thereby shall apply to all proceedings instituted after the commencement of this act and also to all proceedings pending in any criminal court on the date of such commencement'.we have come ..... decisions reported in the case of 1928-26 : air1928all417 and the case of air 1950 all 364 (b) are no longer good law in view of the amendment of section 537, cr. p. c. by act xxvi of 1955. the amended section 537, cr. p. c. will apply to the present case as clause (d) of section 116 of the .....
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