Court : Allahabad
..... in the above situation, as the petitioner fails to fulfill both the two mandatory conditions laid down under section 36 of the act, the tribunal is not in error in not accepting him as a representative of the army base workshop and debarring him from appearance in the aforesaid case. the submission that such debarment of the ..... of the supreme court in lingappa pochanna appealwar (air 1985 supreme court 389 lingappa pochanna appealwar vs. state of maharashtra and another) in dealing with section 30 of the advocates act held that such a prohibition is only a restriction and is not violative of fundamental right of an advocate under article 19(1)(g) of the ..... seven judge constitution bench in re lily isabel thomas (air 1964 supreme court 855 re lily isabel thomas) was considering the validity of the supreme court rules, 1950 wherein right of representation was given only to certain class of advocates. their lordships considering the aforesaid rule 16 and 17 of order 4 of the supreme court .....
Tag this Judgment!Court : Allahabad
..... person who is not on its roll, may not get his vote. they shall accordingly, send their names to the registrar appointed under the societies registration act as provided under section 3 of the act at least before 3 months from the date of election. 32. at this stage, we would also like to bring on record that after arguments ..... if one fourth of the members of the society, approach for the said purpose. the bar council of u.p. is constituted under section 3 of the advocates act 1961. under section 6 of the said act, functions of the state bar council have been provided but no where the bar council has been conferred of any power or authority to interfere ..... in its meeting and for holding that the election officer, president and secretary of that association would be liable to be "tried for any other misconduct" under section 35 of the advocates act 1961 if election is in violation of its various provisions . 11. it is urged that in the last few months there have been several complaints from .....
Tag this Judgment!Court : Allahabad Lucknow
..... ) a guardian appointed by the will of the child's father or mother, and (b) a guardian appointed or declared by a court; and'. 4. amendment of section 11.- in section 11 of the principal act, in clause (vi), after the words "from the family of its birth", the words "or in the case of an abandoned child or a child whose parentage ..... or not, cannot be permitted to be sustained. the child master ansh can, therefore, be "regarded as hindu" both in terms of explanation (b) and explanation (bb) to section 2 (1) of the act. in the light of above, since the child has been brought up as a hindu and has been abandoned by his parents (reasons for arriving at the conclusion ..... previous permission of the court. but this power can be exercised only by a testamentary guardian or a guardian appointed or declared by the court as specified in section 9 (4) of the act. a person having the care and custody of a child has, however, no power to give the child in adoption although for all practical purposes he is .....
Tag this Judgment!Court : Allahabad
..... , by providing concessions in respect of fees for any competitive examination or interview and relaxation in upper age limit. we are unable to accept the aforesaid submission. section 3 (6) is clear and unambiguous. it clearly provides that a reserved category candidate who gets selected on the basis of merit in open competition with general ..... scheduled tribes and obcs, but also the dependents of freedom fighters. such age relaxation is also given to ex-servicemen to the extent of service rendered in the army, plus three years. in fact, the educational qualifications in the case of ex-servicemen is only intermediate or equivalent whereas for the general category candidates it is ..... it was perhaps to avoid any further confusion that the state of up issued directions on 25.3.1994 to ensure compliance of the various provisions of the act. non-compliance by any officer was in fact made punishable with imprisonment which may extend to period of three months." the hon'ble apex court as regards .....
Tag this Judgment!Court : Allahabad
..... , committed; (d) exercise such other powers as may be necessary for carrying out the purposes of this chapter or any rules made thereunder." 11. section 33 (1) of the act of 1940 empowers the central government to make rules for the purposes of giving effect to the provisions of chapter iv which deals with the manufacture, sale ..... of inspector of drugs must possess such qualifications as have been prescribed under the rules made by central government in accordance with the provisions contained in section 21 of drugs and cosmetics act, 1940." rule 20 provides for the substantive appointment of a person to a post in the service on probation for two years. rule 21 ..... the post of inspector of drugs, those which have been prescribed in the rules made by the central government in accordance with the provisions of section 21 of the drugs and cosmetics act, 1940. hence, the qualifications which are prescribed in rule 49 of the central rules are incorporated for the recruitment of candidates as drug .....
Tag this Judgment!Court : Allahabad
..... of the provinces respectively.? 36. in 1971, the parliament enacted the comptroller and auditor-general's (duties, powers and conditions of service) act, 1971. section 10 of the said act provides that the cag shall compile the accounts of the unions and the states and on the basis of those accounts it prepares the annual ..... or upon a reference made to it by the central government or the state government or the statutory authority, as the case may be. section 19 of the competition act runs as under: 19. inquiry into certain agreements and dominant position of enterprise.(1) the commission may inquire into any alleged contravention of ..... .b. singhal, assisted by sri f.a. ansari, learned counsel for the respondents-union, submitted that the petitioner has challenged the notice under section 26 of the competition act without furnishing necessary information to the director general, thus the writ petition is not maintainable as no order has been passed against the petitioner causing .....
Tag this Judgment!Court : Allahabad
..... the law to the police and in case of refusal, may make appropriate application before the appropriate court of criminal law by way of applications under sections 155 or 156 of the criminal procedure code. similarly, in case the parents or relatives, find that illegally their son or daughter was eloped for the purpose of ..... their distinct functions. according to social scientist damezil, roman society was broadly comprised of three classes: (1) priestly (like brahmins in india); (2) people associated with army (kshatriyas); and (3) people who were engaged in agriculture, production, craft, and commerce. 18. in japan also, such positions were inherited. at the top were kuge ..... that day at lincoln memorial placed him in the rank of lincoln and franklin. said historical march led to enactment of the civil right act, 1964, voting right act, 1965 and fair housing act, 1968. for the first time, after more than a hundred and fifty years of independence, it ended discrimination against the racial, .....
Tag this Judgment!Court : Allahabad
..... fir on 14.8.2011 at p.s. kotwali, etawah wherein a charge sheet has been submitted against him and a case crime no. 413 of 2011 under section 420 ipc has been registered. the district magistrate in his report concluded that dr. arun kumar upadhayay is neither a member of the lok adalat nor the society which ..... possibility of an arbitration clause therein which may authorize the parties to refer their dispute to the arbitration. in such a situation the provision of the arbitration and conciliation act, 1996 would not be attracted so as to confer powers of an arbitrator upon the society or dr. arun kumar upadhyaya in respect of future disputes between the ..... who misconduct himself. therefore, in view of the unconditional apology tendered by dr. arun kumar upadhyaya and the assurance that henceforth he would not indulge in any such act, the court itself is not taking any action against him but directs the registrar general of the court to place the entire report of the district magistrate before .....
Tag this Judgment!Court : Allahabad
..... against six persons including the opposite party no.2 (daulat singh), which was registered as case crime no. 671 of 2011 at p.s. jahanganj, district farrukhabad, under sections 147/ 148/ 149/ 302/ 307/ 504 and 506 i.p.c. consequent to his arrest, daulat singh, claiming himself to have been born on 20.06.1994 ..... 1994. pursuant thereto, the juvenile justice board, farrukhabad (hereinafter referred to as the board) held an inquiry under section 7-a of the juvenile justice (care and protection of children) act, 2000 (hereinafter referred to as the act).4. the board rendered a fractured opinion so much so that the principal magistrate, placing reliance on the high ..... clinches the issue. the apex court, in paragraphs 34, 35, 38 and 39 of the judgment, observed as follows:- "34. age determination inquiry contemplated under the jj act and rules has nothing to do with an enquiry under other legislations, like entry in service, retirement, promotion etc. there may be situations where the entry made in .....
Tag this Judgment!Court : Allahabad
..... was held that the respondent no. 4 is not a member of the general body and the list submitted by him could not be registered under section 4 of the 1860 act. the petitioners had been enrolled and registered as the list of office bearers that was upheld by the assistant registrar in the said order. 5. ..... not at all been found credible, as such deputy registrar, firms and societies in this background was not at all obliged to make reference under section 25 (1) of the societies registration act. qua the finding of fact recorded by deputy registrar in his order, petitioner has not submitted any reasonable or plausible explanation warranting to take different ..... on record. 2. the petitioner questions the legality of the order passed by the prescribed authority dated 3rd of october, 2012 under the provisions of section 25 of the societies registration act, 1860 whereby he has declared the respondent no. 4 to be a valid committee with kuldeep gangwar as the validly elected manager of the society. .....
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