Court : Allahabad
Reported in : 2006(3)AWC2986
..... para 31 to 39 of the writ petition; it is alleged that work to operate computers subsists and petitioner has worked for more than 2-1/2 years, he has nurtured legitimate expectation of being continued in service/regularization; act of the employer in terminating his services is arbitrary, vacancies of advertisement of 2000 could not be filled along with vacancies shown on the basis of advertisement of 2004; applicants against posts of 2000 advertisement could not ..... reference is also made to the provisions of right to information act, 2005; petitioner made serious allegations against the then administrative judge of the district judgeship concerned ..... public service (reservation for physically handicapped, dependents of freedom fighters and ex-servicemen) act, 1993 as well as subsequent amended provisions of the said act and also with reference to the provisions of persons with disabilities (equal opportunities, protection of rights and full participation) act, 1955; petitioner has also fundamental right to information under constitution but respondents did not give information in order to make selection of candidates on extraneous consideration; during arguments .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All201
..... petition is the ground specified in clause (f) of sub-section (1) of section 10, or in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty, and (c) the petition is not presented or prosecuted in collusion with the respondent, and (d) there has not ..... section 10 of the hindu marriage act, 1955, hereinafter referred to as the act enumerates the grounds on which one of the parties to ..... it was, however, argued that, at the worst, the decree passed by the civil judge in violation of the terms of section 23 would amount to an act done by him in excessof the jurisdiction or in erroneous exercise of jurisdiction; nevertheless, the decree would be binding on the appellant as there was no appeal by ..... would appear that initially, a petition for dissolution of the marriage was filed by the appellant under section 13 of the act in the court of the civil judge, fatehpur in the year 1964 asking for a decree for dissolution of the ..... it is necessary to reproduce the relevant portions of section 13:'13(1) any marriage solemnised, whether before or after the commencement of this act, may on a petition presented by either the husband or the wife be dissolved by a decree of divorce on the ground that the other party- (i) is living in adultery; or (ii) has ceased to be a hindu by conversion to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All42
..... such heirs, but having been entitled to a share at the notional partition immediately before the death of suresh chandra, it may be that because of explanation ii to the proviso to section 6 of hindu succession act, 1956, she may not be entitled to any further share in suresh chandra's inheritance; and it may further be that the plaintiff-respondent herself also was entitled to a share at the notional partition immediately before ..... adjudged to be null and void in any other suit or proceeding unless it bus already been declared to be so by a decree of nullity of a district court in accordance with the procedure prescribed by and under the act; the only exceptions being the case where the aggrived spouse of the first marriage on account of whose being living the second marriage is void, prosecutes the other spouse for being punished for bigamy ..... dated 27th september, 1979, for the reasons given therein andthe further reasons given hereinabove, that a marriage though null and void for contravening any of the conditions prescribed by clauses (i), (iv) and (v) of section 5 of the act, has yet to be regarded a subsisting fact, and in that sense it cannot be said to be wholly non est in law, or a nullity, so long as it is is not declared to be null and void by a decree of nullity of the ..... the present suit, although it had not been declared to be so by a decree of nullity, on a petition presented by either party thereto against the other, under section 11 of the hindu marriage act, 1955. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All531
..... made to section 44 of special marriage act, 1954 and section 17 of the hindu marriage act, 1955. ..... in view of the provisions ofsection 24 of the special marriage act,1872, the succession to his property wouldbe regulated by the indian succession act.as he had left behind lineal descendantsas well the provisions of section 33 of theindian succession act would be attracted.the special marriage act, 1372 does notdeclare the second marriage of a person contracted during the lifetime of his first wife as void, nor does it provide that the ..... that the second marriage contracted by the person who is already married under the act shall be void if that second marriage was contracted during the lifetime of his first ..... lady whose marriage was solemnised under the provisions of the special marriage act, 1872 alone would be regarded ..... in this connection it would be worthwhile to notice the provisions of section 15 of the act which stipulate that every person who being at the time married, procures a marriage of himself to be solemnised under this act shall be deemed to have committed an offence under section 494 or section 495 of the indian penal code, as the case may .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1980All344
..... this is an appeal under section 28 of the hindu marriage act, 1955, against an order of the judge, small cause court allowing an application of the respondent moved under section 24 of the said act granting rs. ..... in a suit brought by the appellant under section 13 of the hindu marriage act for divorce against the respondent, the latter moved an application for grant of pendente lite maintenance and litigation expenses. ..... in the instant case, the language of the amending act is clear and leads to an irresistible conclusion that the amendments made in section 28 have to be given retrospective effect15. ..... the intention of the parliament appears to be that even the appeals pending on the date of enforcement of the act, should be decided in accordance with the amended law,13. ..... the question that was raised was whether an order passed under section 24 of the hindu marriage act granting temporary alimony was appealable under section 28. ..... the court held that section 28 as substituted by the amending act did not provide for any appeal against the orders passed under section 24, and that section 39 of the amending act required a pending proceeding to be dealt with and decided as if it had been instituted under the hindu marriage act as amended by the amending act. ..... after the aforesaid decision had been given in the said case, the hindu marriage act was amended by marriage laws (amendment) act, 1976 (act 68 of 1976). .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... 150, a full bench of the punjab & haryana high court was concerned with the question whether rent controller and appellate authority under punjab rent restriction act are courts or civil courts for purpose of section 195(1)(b) (sic) bench held that they were such courts and could issue show cause notice why ..... being heard, and, after such further inquiry (if any) as may be necessary, may, without prejudice to any other penalty to which such employer or other person is liable under this act, direct the refund to the employed person of the amount deducted, or the payment of the delayed wages, together with the payment of such compensation as the authority may think fit, ..... wages and penalty for malicious or vexatious claims- (1) the state government may, by notification in the official gazette, appoint a presiding officer of any labour court or industrial tribunal, constituted under the industrial disputes act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the state or any commissioner for workmen's compensation or other officer with experience as ..... limitation is also specifically provided to make an application and that for preferring an appeal and references under the provisions of the act as section 8 of the west bengal land reforms act 1955 prescribes the period of limitation for applying to enforce presumption rights, it does not speak of application of section 5, limitation act or its principles. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All521
..... in this case the supremo court took the view that after the constitution (fourth amendment) act, 1955 article 31(1) and (2) cannot be held as dealing with the same subject-matter, but they deal with two different subjects: article 31(2) and (2-a) with acquisition and requisition and article 31(1) with deprivation of property by ..... which arises in the case is, whether the constitutionality of the act should be judged with reference to article 31, as it stands now after amendment by the 'constitution ivth amendment act, 1955, or as it stood on the date when the impugned act was passed in. ..... that question it may be stated that by the constitution (fourth amendment) act, 1955 a new clause (2) was substituted in place of old clause (2) of article 31 while another clause (2a) was also newly added by section 2 of the constitution (fourth amendment) act, 1955. ..... case which related to the provisions of madras marumak (removal of pebts) act (32 of 1955). ..... in saghir ah-mad's case : [1955]1scr707 , the constitutionality of the road transport act, 1951, which became law from 10th february, ..... after that act, bhanji munji's case : [1955]1scr777 no longer holds the field and article 31(1) does not exclude the operation ..... . 189 of 1955 (all) and since we find that the exceptions given in the definition of the word 'debt' in section 2(f) of the act are based on reasonable classification, we do not think it necessary to go into the question of severability of exception (vi) from the rest of the exceptions .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All154
..... to set aside his previous order.he also submitted that the result of quashing the impugned order would be to revive the previous order of the land acquisition officer dated the 19th may 1955, which was clearly an illegal order and passed in contravention of the provisions of the constitution (fourth amendment) act of 1955, wnich had come into force on the 27th april 1955, that is, more, than three weeks beiore the date of the previous order. ..... the learned advocate-general, however, urged that the mistake committed by the land acquisition officer in his order dated the 19th may 1955 was a mistake arising out of an accidental slip or omission in omitting to consider the provisions of the constitution (fourth amendment) act of 1955, and he had an inherent right to correct a mistake like that. ..... the constitution (fourth amendment) act of 1955 came into force on the 27th april 1955.by section 5 of the constitution (fourth amendment) act a number of acts including the u. p. ..... there is also the fact that the state government made a belated application under section 11(3) of the act for reference of the matter to the court.it is clear that nobody concerned was aware on the 19th may 1955, the date fixed of the first order, that the constitution had been amended and all the provisions of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]147STC442(All)
..... distinction between medicinal preparation and toilet preparation was pointed out by the court, taking into consideration the scheme of the medicinal and toilet preparation (excise duty) act, 1955 and the nature of product involved, the court came to the conclusion that after shave lotions are toilet preparations and not 'medicinal preparations'. ..... 'ble apex court held in para 4 'we are of the opinion that when no statutory definition is provided in respect of an item in this customs act or the central excise act, this trade understanding, meaning thereby the understanding in the opinion of those whodeal with the goods in question is the safest guide.'11. ..... reported in 118 stc 19 in which boroline has been treated as medicine and not as cosmetic or a toilet preparation under the central excise tariff act, 1985, in the said case, the apex court observed, ' the contextual facts reveal that the product in question contains boric acid with zinc oxide which cannot possibly be termed to be a cosmetic ..... redeeming feature which has also been mentioned by the tribunal in its order is that manufacturing of this commodity is controlled by the authorities under the drug and cosmetics act, 1940, which also lends support to the contention of the respondent-assessee that it is used like a medicine'. ..... the meaning of the word 'toilet', as given in webster's international dictionary, is 'act or process of dressing, especially, formerly of dressing hair, now usually cleansing and grooming of one's .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(234)ELT61(All)
..... and toilet preparation was pointed out by the court, taking into consideration the scheme of the medicinal and toilet preparation (excise duty) act, 1955 and the nature of product involved, the court came to the conclusion that after shave lotions are toilet preparations and not 'medicinal preparations ..... in para 4 'we are of the opinion that when no statutory definition is provided in respect of an item in this customs act or the central excise act, this trade understanding, meaning thereby the understanding in the opinion of those who deal with the goods in question is the safest ..... mentioned by the tribunal in its order is that manufacturing of this commodity is controlled by the authorities under the drug and cosmetics act, 1940, which also lends support to the contention of the respondent-assessee that it is used like a medicine'. ..... meaning of the word 'toilet', as given in webster's international dictionary, is 'act or process of dressing, especially, formerly of dressing hair, now usually cleansing and ..... a hair oil intended to be applied to the hair and supposed to act as a hair tonic and no prevent dandruff, falling hair and baldness and to cool the brains does not cease to be a hair oil merely because it is manufactured and sold by a person dealing in ..... the relevant portion is quoted below:'cleaning teeth being an act of daily toilet, dentifrices produced in the form of tooth powder used for cleaning teeth would be an article of toilet as held by the bombay high court in the .....
Tag this Judgment!