Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)
..... this contention also is liable to be rejected. section 21 of the general clauses act, 1897 reads thus :21. power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws.- where, by any central act or regulation, a power to issue notifications, orders, rules or bye-laws is ..... has obtained registration by practising fraud or forgery;(b) where a registered political party amends its nomenclature of association, rules and regulations abrogating therein conforming to the provisions of section 29a(5) of the representation of the peoples act or intimating the election commission that it has ceased to have faith and allegiance to ..... conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction, and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(1)AWC726(UHC)
..... or local authority or public sector undertakings. the said definition still remains the same but clause (a) of sub-section (i) of section 2 has been amended by the u. p. act no. 17 of 1985, whereby word 'public building' has been substituted in said clause (a) and in its place expression 'any building of which the ..... or in annexure ii (copy of plaint), or in annexure iii (copy of written statement) that the building in question was appropriated under the cantonments (house of accommodation) act, 1923. since, there is no pleading from either side as aforesaid, in the opinion of the court, both learned trial court (respondent no. 2) as well as learned ..... for ejectment and for recovery of arrears of rent and mesne profits. it is denied that the u. p. urban buildings (regulation of letting, rent and eviction) act, 1972 was applicable to the building in question. in this connection, it is stated in the counter-affidavit, that no notification was issued by the government of india making .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3103(UHC)
..... signatures were fabricated. on said report under orders of respondent no. 3, respondent no. 4 vide his order dated 28.5.2004 directed the respondent no. 6 that the amendment made in the scheme of administration be cancelled and the membership of new members inducted by him, be declared invalid. thereafter, respondent no. 6 submitted list of 338 members ..... to continue for an indefinite period which is against the spirit of the scheme of administration of the institution approved under section 16 of the u. p. intermediate education act, 1921. this court is also bound to keep in mind the order passed on 27.6.2005 by a division bench in special appeal no. 31 of 2005 which ..... can be inducted as member for three years on payment of rs. 300 provided the said membership is duly approved under section 16 of the u. p. intermediate education act, 1921. it is alleged in the writ petition that respondent no. 6 illegally got inducted as many as 220 members in the .society between the period 10.10.2002 .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr43
..... name of param pujya guru dev gayatri parivar trust and the plaintiffs at their own free will left the shantikunj in support of opposite party no. 8. the amendment was made in the said trust deed on 12-4-1999 and the plaintiffs are joining with the opposite party no. 8 in the said new trust while the ..... given any opportunity to be heard before leave was granted. the learned subordinate judge dismissed the said application on the ground that the grant' of leave was an administrative act of the court and no notice to the respondents was required before such leave was granted. the respondents then went up in revision before the madras high court, ..... , inter alia, that the defendant no. 1 is a trust for public purposes of a charitable & religious nature, duly exempted even under section 80g of the income tax act, 1961 having its principal activity in shanti kunj, bhopatwala, hardwar (hereinafter referred to as the trust). that the aforesaid trust was founded by late sim bhagwati devi sharma wife .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC458
..... as such the vehicle was being plied in violation of the policy conditions and the insurance company was not liable to pay compensation. the insurance company by way of amendment in its written statements waived its original pleas and further pleaded that the driver of the vehicle was driving the vehicle under intoxication, therefore, the insurance company is absolved ..... the injured claimant jagat singh.11. in support of the appeals, the appellant contended that it obtained permission from the learned tribunal under section 170 of the motor vehicles act, therefore, it can take all the defences available to the insured. it was contended on behalf of the appellant that the driver of the offending vehicle ugy-8196 ..... p.c. verma, j.1. both these appeals under section 173 of the motor vehicles act, 1988 (for short 'the act') arise out of the same motor accident and similar questions are involved for determination in these appeals, therefore, for convenience they are being decided by this common .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41
..... it further provides that nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955.that being so, if the provisions of cantonments act, 1924 are read with aforesaid articles it cannot be said that the trade, commerce or intercourse has been interfered in violation of ..... empowers the cantonment board regarding lease of octroi, terminal tax or toll, is followed by section 84 which contains provision as to appeals. section 84 of said act (as amended vide act no. 15 of 1983) reads as under :--'84. appeals against assessment.--(1) an appeal against the assessment or levy of, or against the refusal to ..... refusal, any tax under this act shall lie to the district court.(2) if the district court, on hearing of an appeal under this section, entertains reasonable .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ758; 2005(2)AWC1486(UHC)
..... amendment insofar as it relates to determination of compensation is the insertion of sections 163a and 163b in chapter xi entitled 'insurance ..... the apex court has held that under schedule ii of m.v. act, the maximum multiplier is 18 and it should be adopted.17. the apex court observed as under :'the situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by the amendment act 54 of 1994. the most important change introduced by the ..... on the pleadings of the parties the claims tribunal framed as many as four issues. issue no. 1 was as to whether the accident took place due to negligent act by the driver of the bus. issue no. 2 was regarding compensation. issue no. 3 was regarding the insurance of the bus with the opposite party no. 1 .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr62
..... up together by this court and on 16.9.2000 following order was passed :'learned counsel for the parties made a request jointly that a conciliator be appointed under the amended section 89 of the c.p.c. so that he may get this dispute settled on spot as the dispute is between neighbours.learned counsel for the parties further made ..... prafulla c. pant, j. 1. these two applications no. 5467 of 2004 and 5981 of 2004 have been moved on behalf of respondent nos. 1 and 2 for correction/amendment in the judgment and order dated 18.2.2003 passed in a.o. no. 198 of 2002 and 199 of 2002 and decree followed therefrom.2. heard learned counsel for .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC812
..... by act 28 of 1976 have been extended to the cantonments in the state of uttar pradesh only with effect ..... 'cantonment' shall be inserted. 'cantonment' shall be inserted.11. further by virtue section 3 of the cantonment (extension of rent control laws) act, 1957 has been extended to all the cantonments in the in the u.p.12. the aforesaid amendment came up for interpretation in ruchira vinayak (smt.) and ors. v. iind additional district judge, meerut 2004 (1) a.r.c ..... act 13 of 1972 had already been extended, this really meant the extension of act 19 of 1974 and act 28 of 1976 to cantonment areas. if, in the light of this fact, we read section 3 (4) of act xlvi of 1957 it will be seen that the order of sri srivastava has to be upheld. the provisions of act 13 of 1972 as amended .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr34; 2005(2)ARBLR520(Uttaranchal)
..... 6-5-. 1995, under the provisions of sub-section (1) (a) and (1) (b) of section 21 of bengal, agra and assam civil courts act, 1887, as amended by vide civil laws amendment act, 1991, since the valuation of the appeal was below rs. 5 lac, the appeal was transferred to the district judge, nainital, and ultimately after hearing the ..... is rs. 75,000/- (rupees seventy five thousand only) and above the arbitrator shall give reasons for the award.subject as aforesaid the provision of the arbitration act 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this ..... .3. the suit was contested by the defendants and a preliminary objection was raised by moving an application (19a) dated 22-11-1995 under section 34 of arbitration act, 1940, which however appears to have been rejected by the trial court, vide its order dated 18-6-1996 on the ground that the dispute relating to compensation .....
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