Court : Allahabad
..... the court cautioned while directing that any reservation made in excess of the outer limit provided under the act of 1994 or any other statute, shall be deemed to be excessive reservation and thus reservation so made, may be struck down by the court as it would amount to derogation of constitutional requirement as ..... public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994 (for short 'the act of 1994') as per the ratio of reservation prescribed therein namely 21 % for scheduled castes and 2 % for scheduled tribes, and any variance from the same would be dehors ..... 50% rider is the outer limit permissible for all categories and in case under the act or statutes lesser percentage of reservation has been provided for any class, then that will be the outer limit for the respective classes as in the present case, reservation for sc is 21% and it cannot be ..... test, we have to consider the word 'reservation' in the context of article 16(4) and it is in that context that article 335 of the constitution which provides for relaxation of the standards of evaluation has to be seen. ..... vide rule 4 of the eligibility rules, 1986, the appointing authority has to prepare eligibility lists containing the names of the eligible candidates for promotion in accordance with the seniority and as far as possible three times of the ..... (on posts outside the purview of the public service commission) eligibility list rules, 1986 (for short 'the eligibility rules, 1986). .....
Tag this Judgment!Court : Allahabad
..... rule 4 of the rules for his own purposes nor the land vests in the company and it is on certain terms for which the power is possessed by the authority under the transfer of property act, the company has been given the land which has to come back to the authority at a particular point of time and thus submission that acquisition was for company for the purpose of company, ..... the yeida to have a specific scheme or plan prior to starting the acquisition proceedings;there was sufficient material before the state government to invoke the urgency provisions enshrined in section 17 of the act, 1894;the subjective satisfaction was arrived at by the government upon relevant material being placed before it; considering the advanced stage at which the project had reached and was nearing completion coupled ..... bridges, culverts and interchanges are necessary for a fast moving six lane express way and thus no different standards could be applied for acquisition of land and for invoking under section 17 (1) and (4) of the act in respect of land needed for interchange. ..... manner. in the present case, there is no two opinion that because of the globalization of economy indian economy is progressing with fast speed, therefore, in order to keep pace with the speed, ..... vs. prabhat mandal (1986) 1 scc 100, the supreme court held that in view of explanation vi, it cannot be disputed that section 11 cpc applies to public interest litigation, as long as it is shown that the previous litigation was in .....
Tag this Judgment!Court : Allahabad
..... the parliament enacted bureau of indian standards act 1986 (act no. ..... padia, advocate representing oil company on the other hand contended that product in question after sample was taken was sent to the laboratory in question and product in question was not at all conforming to the requirements of bureau of indian standard specification numbers is 2796 and is 1460 as prescribed for motor spirit and high speed diesel respectively and in such a situation it was clear that there has been introduction of foreign substance on account of which it was not at ..... as follows: clause 2(a) "adulteration" means the introduction of any foreign substance into the motor spirit or high speed diesel illegally or unauthorized with the result that the product does not conform to the requirements of the bureau of indian standards specification number is 2766 and is 1460 for motor spirit and high speed respectively or any other requirement notified by the central government from time to time". 17. ..... "adulteration" means the introduction of any foreign substance into motor spirit/high speed diesel illegally or unauthorizedly with the result that the product does not conform to the requirements of bureau of indian standards specification number is:2796 and is: 1460 for motor spirit and high speed diesel, respectively, and amendments thereon, and /or. 12. ..... the central government established the bureau for indian standards institution in exercise of power conferred by section 3 of this act. .....
Tag this Judgment!Court : Allahabad
..... stage, it may also be pointed out that the petitioner has contended that, after the mines and minerals (regulation & development) amendment act, 1986, the central government, in exercise of its power under section 18 of the mines and minerals (regulation & development) act, 1957 (hereinafter referred to as the 'mmrd act'), has framed the mineral conservation and development rules, 1988 (hereinafter referred to as the 'rules 1988'), in respect of all minerals ..... support of the first prayer clause, it is contended that parliament did not have the competence to make the law, namely, the environment (protection) act, 1986 (hereinafter referred to as the 'environment act'), as it is the state assembly, which has the competence to legislate in respect of land and water under entry 17 and entry 18 of list ..... being in force which is relatable to the objects of this act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever: provided that different standards for emission or discharge may be laid down under this ..... indian ..... indian participated in the stockholm conference in june, 1972 and thereafter has taken steps to implement decisions insofar as they relate to protection and improvement of environment and the prevention of hazard .....
Tag this Judgment!Court : Allahabad
..... board(guiding principles for declaring or authorizing natural gas pipeline as common carrier or contract carrier) regulations, 2009, the petroleum and natural gas regulatory board (technical standards and specifications including safety standards for natural gas pipelines) regulations, 2009, the petroleum and natural gas regulatory board (determining capacity of petroleum, petroleum products and natural gas pipeline) regulations, ..... to take place in the course of inter-state trade or commerce gave an extended meaning to the word 'sale' as defined in section 2 (g) and as used in section 3 (a) and 4 (2) (a) and (b) of central sales tax act, 1956 and what was said by this court was that the word 'sale' as used in section 3 (a) and section 4 (2)(a) and (b) was wide enough to include not only a concluded contract of sale but also an agreement of sale ..... transfer of documents of title to such goods to a registered dealer, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this act : provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the prescribed ..... the petitioner is a public limited company incorporated under the indian companies act, 1956 having its office in the state of uttar pradesh at park road, lucknow and is engaged in business ..... nadu and 1986(3) scc ..... 1986) 4 scc 667: air 1986 ..... 1986 ..... 1986 .....
Tag this Judgment!Court : Allahabad
..... the state corporation commission's stay order, in the nature of a temporary injunction prohibiting the commission from enforcing a basic gas proration order, designed by the commission to form the basis standard, or guide, pursuant to which it proposed to fix the allowable production for various gas wells in certain gas field, was prematurely and improvidently issued, since it was solely the " ..... to particular situations or cases, or the making or execution of individual discretionary decisions; judicial acts involve the determination of questions of law and fact, or the exercise of limited discretionary power, in relation to claims and controversies susceptible of resolution by reference to pro- existing legal rules or standards, or the adoption of a procedure analogous to that of a court of law in the course of resolving a disputed issue; ministerial acts consist of the performance of a public duty in the discharge of which little or ..... . written constitution of india like indian constitution, contains elaborate procedure with regard to governance of the country which includes legislative, ..... v. minister for the civil service: 1986 ac 374, in the following words: "...one can conveniently clarify under three heads the grounds upon which ..... wholly outside the community was to be regarded as "legislation" within the meaning of art.2 of eec regulation no.1408/71 (van roosmalen v bestuar van de bedriffsvereniging voor de gezondheid, the times, october 29, 1986). .....
Tag this Judgment!Court : Allahabad
..... samiti (supra) the supreme court examined whether persons who hold degree or diploma of "vaidya visharad" or "ayurved ratna" from hindi sahitya sammelan, prayag/allahabad which are not included as recognised qualification in schedule ii to the indian medicine central council act, 1970 have a right to practise in medical sciences and held that such persons do not have such a right and for coming to this conclusion reliance was placed on the earlier judgments. ..... however, did not take steps for starting the two years btc course and it is only in 2007 when the institution was declared a deemed university by the university grants commission under section 3 of the ugc act that it took steps for starting the two years btc course and for this purpose first filed an application before the regional committee of the ncte for changing the name of the institution in the ..... in the state list, the whole gamut of the university which will include teaching, quality of education being imparted, curriculum, standard of examination and evaluation and also research activity being carried on will not come within the purview of the state legislature on account of a specific entry on coordination and determination of standards in institutions for higher education or research and scientific and technical education being in the union list for which the parliament ..... state of andhra pradesh air 1986 sc 1188; state of maharashtra ..... medical educational society vs government of andhra pradesh (1986) 2 scc 667; n.m. .....
Tag this Judgment!Court : Allahabad
..... i failed to find any provision either under the state universities or under the national law school of india act, 1986 or any other law whereby examination conducting universities have been empowered to fix upper age limit in the common ..... the statement of objects and reasons of national law school of india act, 1986 clearly lays down that one of the functions of the bar council of india is the promotion ..... the law commission of india in its 184th report recommended that instead of requiring ''effective consultation' with each university, the advocates act should instead be suitably amended to enable bci to consult a representative body, which body, in turn should be constituted by ugc, thus ensuring that both bci and ugc remains equal partners in regulating legal ..... admittedly, the bar council of india as well as bar council of different states have been constituted under the advocates act, 1961 to consolidate the law relating to legal practitioners and to provide for the constitution of the bar councils and an all- ..... clause (d) of section 49 (i) of the advocates act deals with the standards of legal education to be observed by universities in india and the inspection of universities ..... the matter has been discussed in detail in indian council of legal aid and advice's case (supra) by hon'ble ..... to 'the rules' prescribes the minimum infrastructural facilities required in a centre of legal education for applying permission to run law courses with affiliation from an indian university. .....
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