Court : Allahabad
Reported in : (1999)3UPLBEC2149
..... (a) provides that the selection committee shall recommend to the executive council for appointment of the principal. thus the appointment of the principal of the school is also controlled by the executive council which is the principal body managing the affairs of the university. it is rightly pointed out by mr. upadhyay from section 10 sub-section ..... ordinance was placed before the visitor in usual and ordinary course of business of the university and it has not been disallowed or remitted by the visitor. animatedly, the respondent had no opportunity to file any counter affidavit. at the same time, no specific case has been made out in the pleadings that the matter ..... in the constitution of the selection committee should be referred to an authority instead of deciding the same by the court. since according to him, the state university act does not apply to banaras hindu university and section 68 students paramateric same as sub-section (7) of section 5. thus, those decisions also help mr. .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)227CTR(All)388; [2010]186TAXMAN88(All)
..... a person under the income-tax act, 1961, but what constitutes a local authority is defined in the general clauses act, 1897.16. in the instant case, the relevant words in the definition of the ..... . local authority is not defined in the income-tax act separately but however defined under section 2(31) of the general clauses act, 1897 as 'shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund'. thus a local authority is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All112
..... directing that only pleaders enrolled prior to 1st december, 1961, are entitled to get their certificates of practice renewed under the legal practitioners act as hitherto. the certificates of pleaders enrolled on or after 1st december, 1961, should not be renewed. the petitioners question the validity of the view taken ..... by the high court. on 27th october, 1967, the joint registrar replied that the power to 'admit' was not reserved by section 58 of the advocates act, consequently admitting new pleaders after 1st december, 1961, was unauthorised.subsequently on 17th november, 1967, the joint registrar issued another circular letter to all district judges ..... to all district judges indicating that it was doubtful whether the high court could admit pleaders after the coming into force of chapter iii of the advocates act on 1st december, 1961. under the circumstances it will be advisable for the pleaders enrolled after that date not to apply for renewal of their .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2159
..... it was submitted by the state election commissioner that the amendment in the panchayat raj act, 1947, by means of ordinance encroaches upon the plenary powers of state election commission with regard to superintendence, direction and control of 3 er elections of panchayats by the state election commission, contained in article 243k ..... contained in article 243e and 243k, which vest plenary powers to the state election commission, consisting of state election commissioner regarding superintendence, direction and control of preparation of electrocal rolls and conduct of all elections to the panchayats.31. the constitutional flat contained in article 243e is to the extent ..... but also more or less nullify the powers of the state election commission. under article 243k(1) of the constitution, superintendence, direction and control of the preparation of electoral rolls and the conduction of all elections all to the panchayats is vested in the state election commission consisting of state .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1997All44; (1996)3UPLBEC1691
..... high school v. government of a.p. (air 1980 sc 1042) (supra) the supreme court considering section 3(1)ofandhrapradesh recognised private educational institutions control act which provided (hat except with the prior approval of the competent authority no teacher employed in any private educational institution shall be dismissed, removed or reduced ..... 305, the supreme court was considering the validity of clause (d) of section 18(3) of bihar non-government secondary schools (taking over management and control) act (33 of 1982) which provided that the managing committee of a minority institution shall have power to remove, terminate, dismiss or discharge a teacher with ..... case (air 1980 sc 1042) (supra) it was specifically pointed out that mere was no rule framed under the andhra pradesh recognised private educational institutions control act and in absence of the rules furnishing guidelines it was held that the power conferred on the authority was void and untrammelled. hon'ble fazal ali, .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC771
..... authority and in such manner as the legislature of a state may, by law, provide.'243-k. elections of the panchayats.- (1) the superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of, all elections to the panchayats shall be vested in a state election commission consisting of a ..... in the constitution whereas in the case of adhyaksh, zila panchayat, the constitution is silent, therefore, the restriction imposed in section 27-a (b) of the act is against the intention of the constitution, cannot be accepted. we fail to agree with the argument that on the contrary. the legislature, while enacting section 27-a ..... unconstitutional,being in conflict with the scheme of part ix of the constitution of india. the petitioner besides seeking declaration of section 27-a of 1961 act as unconstitutional and inoperative after enforcement of part ix of the constitution of. india has further prayed for mandamus ling the respondents from enforcing the provision .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2042
..... menace, peril to' the judicial system in the same manner as the abnormally increased and exploded population is creating danger to the country in absence of proper control, population education and planning, creating hurdles to the prosperity of the nation, therefore, the necessity is being felt all around by several concerned to take ..... documents on affidavit alongwith the relevant provisions of law with promptitude.'9. it is notable that the 'illness slip' normally submitted is not recognised under the advocate act, 1961 as well as bar council of india rules and u.p. bar council rules and under the allahabad high court rules, 1952. it is generally seen ..... that any restriction to which the exercise of original jurisdiction by any of the high courts with respect to any matter concerning the revenue or concerning any act ordered or done in the collection thereof was subject immediately before the commencement of this constitution.''6. this article provides that the jurisdiction of the high .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]148STC122(All)
..... assessing officer/ deputy commissioner, trade tax, kanpur had asked for permission for initiating, re-assessment proceedings under section 21(2) of the act. the said notice further referred to certain notifications with regard to exemption on trade tax on animal driven vehicle/cart with or without tyre and tube. the additional commissioner further stated that keeping in mind that earlier in the ..... . 455 of 2005, necessary for deciding above petitions, are as under:6. petitioner is a company registered under indian companies act and also registered as 'dealer' under the act. during aforementioned assessment years, it sold tyres and tubes used in 'cart'-as animal driven vehicles. the commissioner, trade tax vide circular dated 1-4-1992/annexure-5 to the writ petition held that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All231
..... gold which had been retained by the department it had not been established that it was such gold in respect of which the provisions of the gold (control) act had been contravened. the learned single judge held that the seizure of substituted ornaments in place of original contraband articles, if any was unwarranted. in his ..... the retention of the gold under, seizure was sought to be justified by the department on the basis of the provisions of section 66 of the gold (control) act.6. the petitioner-respondent challenged the seizure and the detention of the articles on the ground that there existed corresponding vouchers for the entire stock of gold ..... authorised to acquire, possess and dispose of gold and gold ornaments and other articles of gold in accordance with the provisions of the gold (control) act, hereinafter referred to as the 'act'.3. the assistant collector. central excise received information that the petitioner was dealing in foreign gold and that it had in its possession such .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(111)FLR920]
..... correct, the full bench has clearly held that the case of vishnu das did not lay correct criteria of the application of the provisions of either of the two acts and therefore the controversy, according to the petitioner, is sealed thus.36. learned counsel for the petitioner has also argued in the rejoinder affidavit that the issue of ..... the part of the petitioner to afford re-employment of the respondent workman was not an issue referred to the labour court and therefore the labour court has acted in excess of jurisdiction and has traveled beyond the scope of the reference made to it. the argument is that the labour court being a court of referred ..... learned counsel for the petitioner is that the reference itself was bad on account of the fact that the petitioner is an institute created under the institute of technology act, 1961, therefore the 'appropriate government' for making the reference could only have been the central government. his argument is that at the time when the reference was .....
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