Court : Allahabad
Reported in : [2006(111)FLR237]
..... it has also been contended that provision of 3% reservation for physically handicapped employees in the posts filled by promotion under promotion policy for supervisory, clerical and subordinate staff was introduced vide head office circular dated 08.12.2000 preceded by amendments subject to promotion policy approved by the board ..... - every appropriate government shall appoint in every establishment such percentage of vacancies not less than three per cent, for persons or class of persons with disability of which one per cent, each shall be reserved for persons suffering from-(i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy, in the posts identified for such disability:provided that the appropriate government may, having regard to the type of work carried on in any ..... that all functions of corporation, specified in this section, on the commencement of general insurance business (nationlasation) amendment act, 2002 shall be performed by central government. ..... vacancies for the year has to be worked out and determined in the month of january as per norms prescribed, and the promotional process has to be completed as far as possible by 30th ..... much capital is sought to be made out from the use of the word 'all groups' in paragraph 1 (ii) of ..... act in chapter vi provides for ..... 2004 has been filed complaining illegal rejection of candidature and also complaining that 3% reservation ought to have been provided in the category of aao(o) as per 1995 act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All200
..... reserved article or class of reserved articles by any industrial undertaking (not being an ancillary, or small scale, industrial undertaking) which, on the date of reservation, is engaged in, or has taken effective steps for, the production of any reserved article or class of reserved articles, shall, after the commencement of the industries (development and regulation) amendment act, 1984, or, as the case may be, the date of reservation, whichever is later, be subject to such conditions as the central ..... and the authorities to which such returns and reports shall be submitted;(pp) any matter which is to be or may be prescribed for giving effect to the provisions of chapter iii-aa or chapter iii-ac;(q) any other matter which is to be or may be prescribed under this act;(3) any rule made under this section may provide that a contravention thereof shall be punishable under section 24. ..... its recommendations to the central government, namely:-(a) the nature of any article or class of articles which may be produced economically by the ancillary, or small scale, industrial undertakings;(b) the level of employment likely to be generated by the production of such article or class of articles by the ancillary, or small scale, industrial undertakings;(c) the possibility of encouraging and diffusing ..... crores, now or future, can be ..... the bonding policy issued for the years 2003-04, 2004-05 and 2005-06 contemplates ..... act, 1953 is an act to regulate the supply and purchase of sugarcane for ..... .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... in granting the above orders, we are aware that in the court below the prayer for restoration of the preamble of the act to its original form was not made; in this type of litigation, however, in our opinion, the procedure of amendment is infinitely less important than the arguments made on the relief, and the necessity of making as quickly as possible one full and compendious order, so far as one particular court is concerned, at one and the same time. ..... admission policy in so far it reserves 50% muslim quota was being challenged by the petitioners and the petitioners having passed the mbbs has right to challenge the policy of the institution which adversely effected their chance to seek admission in the year in question and even in future years ..... tests were laid down in paragraph 36 for judging the validity of the validating act:(i) whether legislature enacting the validating act has competence over the subject- matter;(ii) whether by validation, the legislature has removed the defect which the court had found in the previous law; and(iii) whether the validating law is inconsistent (sic consistent) with the provisions of chapter iii of the constitution.113 ..... conversion of that college (if we may use that express) into a university was however, not by the muslim minority; it took place by virtue of the 1920-act which was passed by the central legislature ..... . he has referred to the internal university act, 2004 which, according to him, is a minority university incorporated in the state .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2897; 2005(3)ESC1790
..... government shall be divided by the central government, or such other authority as the central government may empower in this behalf, into two classes, namely-(i) class 'a' land which is required or reserved for specific military purposes: and(ii) class 'b' land which is not so required or reserved, but which is retained in the cantonment for the effective di charge of the duties of the central government in respect of military' administration: and(b) land which is vested in the board under section 108 of the act shall be called class 'c' ..... ., 2004(6) scc 588 at 615, the supreme court held-'in the present case, the land cannot be permitted to be used contrary to the stipulated user except by amendment of the master plan after due observance of the provisions of the act and ..... is also one view that such adumbration is not possible and it would not be expedient to lay down any genera rule which would govern all cases under all circumstances.be that as it may, it is needless to emphasise that the requirement of locus standing of a party to be litigation is mandatory; because the legal capacity of the party to any litigation whether in private or public action in relation to any specific remedy sought for has to be primarily ascertained at the threshold ..... our order, we permitted them to be heard under chapter xxii, rule 5-a of the rules of the court.13 ..... maintain ecological balance with hygienic atmosphere not only to the present residents in the locality but also to be future generation .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC771
..... scheduled castes, the scheduled tribes and women in such manner as the legislature of a state may, by law, provide.provided that the number of offices of chairpersons reserved for the scheduled castes and the scheduled tribes in the panchayats at each level in any state' shall bear, as nearly as may be, the same proportion to the total number of such offices in the panchayats at each level as ..... panchayat laws (amendment act, 1994), on the basis of the aforesaid arguments learned counsel for the petitioner has concluded that no law can be made by legislature laying down disqualification of a chairperson by the state enactment, as has been done in the instant case, since part ix is silent regarding disqualification of a person to continue as ..... exists any difficulty in ascertaining the limits of the legislative power, it must be resolved, as far as possible, in favour of legislature, putting the most liberal construction on the legislative entry so that it is intra vires ..... statutory provisions go to show that wherever as a matter of fact the legislature wanted an unrestrictive exemption the same has used 'any income' without any restriction so as to make it explicit that the entire income of the assessee would be exempted ..... as a procedural facet chapter 18 of the code of criminal procedure, 1973 (for short 'the code') and the relevant provisions in the evidence act, 1872 deal with adduction of evidence and consideration thereof by the court, in proof of the guilt or its ..... : (2004)1scc391 .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3806; 2005(4)ESC2333
..... records, after the orders had been reserved on 19.9.2005 that these facts came to light and so on 23.9.2005 we directed the learned counsel appearing for noida to produce the file relating to 2004(1) scheme and also make available the ..... hon'ble supreme court observed:-'a court of equity, when exercising its equitable jurisdiction under article 226 of the constitution must so act as to prevent perpetration of a legal fraud and the courts are obliged to do justice by promotion of good faith, ..... i have in mind particularly the possible adoption in the future of the principle of 'proportionality' which is recognized in the ..... subhash chandra sinha : [1970]3scr963 while considering the cancellation of the entire examination because of use of mass copy considered the scope of the principles of natural justice in such a matter and observed:-'this is not a case of any particular individual who is ..... is a prima facie case calling for an investigation and looking to the peculiar facts and circumstances of the case, the nature of the inquiry to be done and the mighty people who are alleged to be involved, we are of the opinion that the matter should be referred to investigation by the central bureau of investigation (cbi) at ..... subsequently by means of the amendment application the petitioner sought the quashing of the order dated 4.7.2005 published in the times of india and hindustan ..... in the chapter 'corruption', it is stated that corruption is an abuse of public resources for private gain. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2517
..... than the post of head of the institution, also the number of vacancies to be reserved for the candidates belonging to the scheduled castes, the scheduled tribes and other backward classes of citizen in accordance with the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act 1994, and notify the vacancies to the board in such manner and through such officer ..... capital of the society is held by the state government;(iii) a board or a corporation or a statutory body established by or under a central or uttar pradesh act which is owned and controlled by the state government or a government company as defined in section 617 of the companies act 1956 in which not less than fifty one percent of the paid -up share capital is held by the state government;(iv) an educational ..... candidates to be called for interview for any category of post shall, as far as possible, be not less ..... government can only forward the said point and here state government has taken decision, that in the event of non availability of reserve category candidate, in the matter of promotion, the said post would be shifted to direct recruitment quota and in future, if candidates are available in feeder cadre, then necessary adjustment would be made ..... un-amended and ..... used in the executive instructions providing for ..... the chapter ..... reported in 2004 (2) uplbec 1520 has taken the same view after considering various government orders, that reservation is .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
..... shall not apply the category of other backward classes of citizen specified in schedule ii to the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994--(b) admission to the medical and engineering colleges and to course of instruction for degrees in education and ayurvedic or unani systems of medicine (including the number of students to be admitted) shall subject ..... in the gazette and in the case of any existing university, for so long as the first statutes are not so made, the statutes as in force immediately before the commencement of this act, insofar as they are not inconsistent with the provision of this act, shall, subject to such adaptations and modifications whether by way of repeal, amendment or addition as may be necessary or expedient, as the state ..... show that the word 'purpose' used therein has been used in a wide or comprehensive sense, that is in the sense of the main object or the central aim of the society as distinguished ..... chapter 11 of the act.a perusal of chapter 11 shows that government possess effective power to control or to check the malpractices if any committee of management does not discharge its duty properly and for ..... under government order dated 20.2.2004 and it is hoped that the said committee shall consider the grievances of the aggrieved institutions and shall pass orders at the earliest possible. ..... to avoid any future controversy, fix a definite percentage for the said purpose .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2375
..... supreme court, hearing the case struck down section 25-0 as it then stood before its amendment, by amendment act no. ..... in order to protect taj mahal which is amongst world wonders, the supreme court took into account the report of central board of prevention and control of water pollution, new delhi (control of urban pollutionseries (cups/7/1981-82 page 1981-82) titled as 'inventory and assessment of pollution emission in and around agra-mathura region' and ..... government tax policies arc continuously making the organized sector uncompetitive at the market place, the gradual increase in excise duty and other government levies, over the past few years have further widened the gap between the organized ..... it held that section 25-0 falling in chapter v-b dealt only with bigger undertaking and of a few type and thus, the classification was reasonable, but the procedure and requirement of not giving reasons by the state government and absence of provisions for a right of appeal or revision or even review after some ..... made the financial position of the company so bad that it was not possible to pay suppliers, wages and other statutory dues. ..... dated 26.4.2001 was made for a period upto 30.5.2004 in which the workmen agreed for production 1850 fans per ..... fact that the unit is not using coal/coke, it applied for gas for manufacturing activities at that moment ..... it will effect the future of the workmen and will ..... on 19.2.2003 and thereafter, after three adjournments the order was reserved on 27.3.2002. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC2011
..... after due verification from the rolls of advocates at allahabad, prepared by the registry at allahabad, under newly incorporated rule 3a of chapter 24 of the rules of the court 1952, after due approval by the general body of the high court bar association.in our ..... literature and of other subjects likely to be useful to the members of the association;(e) to provide a meeting place for the members of the association particularly for study and discussion of law;(f) to bring to the notice of the bar council, the high count the supreme court or the central or state governments matters affecting the legal profession ..... genuine voters who are regular practitioners in this hon'ble court and to hold elections of the general body of the hcba for the term 2004-2005 immediately thereafter, so as to secure the ends of justice, or else the petitioner as well as the 'institution' ..... , it does not encroach upon the sphere reserved by the constitution to the executive and the legislature, the court has to act ruthlessly while dealing with imposters and busybodies or ..... that 'justice' may be dispensed with to the public at large, which is possible only when 'bar' maintains a minimum desired standard both from the point of view ..... banker's cheque; (ii) to make it a statutory obligation/duty for already 'enrolled advocate' and for a person seeking 'enrolment as advocate' in future, to give an undertaking/declaration that he/she shall not use the word 'advocate' against/alongwith his/her name anywhere and ..... amend .....
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