Court : Allahabad
Reported in : 2005CriLJ3474
..... constable accompanying the revisionist in the govt. vehicle, in police station gopiganj, sani ravidas nagar at crime no. 94/2005, under section 302, 307, 332 ipc and 7, criminal law amendment act against unknown persons. copy of the f.i.r. is annexure-1.7. case of the revisionist is that it is he who was targeted in the above attack, he ..... the case in hand, constable yamuna prasad gupta has already lodged a report against unknown persons at crime no. 94/2005, under section 302, 307, 332 ipc & 7, criminal law amendment act, at police station gopiganj and the revisionist has not given any proof that f.i.r. of case crime no. 94/2005 is against him or informant of the case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All29; II(1997)DMC383
..... vacated by means of the application for vacating the interim order by mr. govind krishna appearing on behalf of arvind kumar.7. by an application for amendment, the following amendment has been sought to be incorporated :'1. that in the title of the petition, wherein it has been stated that writ petition under article 226 ..... or it is not incorporated in the decree itself, in that event, the court cannot assume jurisdiction to decide an application under section 26 of the act after the decree is passed, namely, whereafter the proceeding terminates and does not remain pending, the deeming clause postulates deemed pendency only in cases where provisions ..... on 20th march 1997. mr. govind krishna, learned counsel for the opposite party, took a preliminary objection. he contended that under section 28 of the hindu marriage act, an appeal lies against the impugned order before the learned district judge. therefore, the writ petition is not maintainable. mr. a. kumar, appearing on behalf of .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2150; (1998)3UPLBEC1722
..... of america that a decision of a court overruling earlier decision and not giving its ruling retroactivity in operation, infringed the due process clause of the 14th amendment of the american constitution. rejecting the contention. cardozo, an associate justice of the supreme court of united states of america held as under :'this is not ..... justly be ignored'. many such appointees came to be regularised by legislation on such vacancy being subsequently converted into substantive vacancy in terms of section 33b of the act. the past cannot, therefore, be erased by judicial declaration in radha raizada. in the circumstances, keeping in view equity and good conscience, we hold that ..... in radha raizada that the procedure visualised by the first removal of difficulties order, would govern ad hoc appointment by direct recruitment under section 18 of the act as well. the procedure as provided in clause 5 of the first removal of difficulties order, visualises that the management would, as soon as may be, .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2808
..... also been stated that the whole exercise of deleting the names was carried out without issuing any notice as contemplated under section 22 of the 1950 act or after following the guidelines dated 5.7.2007 of the election commission and, therefore, smacks of mala fides, illegality and non-application of mind. it is in paragraph 20 of the election petition that ..... the supreme court in vashist narain sharma (supra) under the provisions of section 100(1)(c) of the act, as it stood prior to its amendment in 1956, will apply with equal force to the provisions of section 100(1)(d) of the act as they are in pari materia. this is what was observed by the supreme court in shiv charan singh ..... v. chandra bhan singh and ors. : [1988]2scr713 :section 100(1)(c) of the act as it stood in 1952 .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2286
..... in smt. madhui sirothia (supra] proceeds to stress on the expression 'suit or other proceeding' instead of the expression 'case which has been decided'. before the 1976 amendment of the code, the expression 'case' was not defined. after 1976, it is so defined in the explanation added at the end of the section. instead of ..... time of passing of the decree and thereafter and not during the pendency of suit. therefore, final adjudication of the application under section 24 of the act finally adjudicates the rights of the parties emanating from section 24 which conclusively decides the right of the parties with regard to maintenance pendente lite and cannot ..... article 226 conferring power of superintendence over the courts and tribunals subordinate to it only to ensure that the courts or the tribunal in exercise of ordinary jurisdiction acts within their bounds.4. sri b. n. agarwal, learned counsel for the petitioner has raised a novel question of law while challenging the order dated .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC2904
..... on the principal sum adjudged, but after the date of decree not more than 6 %.10. section 24 of u.p. civil laws (reforms and amendment) act, 1976, amended first schedule of the arbitration act, 1940 and after paragraph 7, paragraph 7a was inserted providing that the rate ofinterest shall not exceed 6% per annum as the arbitrators or umpire may ..... date as the arbitrators or umpire may think fit, but in no case beyond the date of the decree to be passed on the award.'in view of this amended provision, the arbitrator had no jurisdiction to award interest exceeding 6% for the period prior to date of making reference or pendente lite. learned counsel for the respondent ..... p.) ltd., air 1972 sc 1507, where the interest was awarded at 9%. these cases have no application after addition of para 7a in the schedule of the arbitration act, 1940, referred to above.11. the last submission of the learned counsel for the appellant is that the arbitrator had accepted the claim of the appellant to the extent .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC226
..... , shall affect or be deemed to have ever affected any rights, created, conferred or granted, whether before or after the date of the passing of the government grants (u. p. amendment) act, 1960, by leases of land by, or on behalf of. the government in favour of any person, and every such creation, conferment or grant shall be construed and take effect ..... was no averment to the effect that in the past the state government had taken recourse to the provisions of land acquisition act for acquiring nazul land in allahabad. this plea has been taken by means of an amendment application which was filed on 2.11.2001 at the time when the case was taken up for hearing and a new para ..... such building such amount as may be determined by the secretary to government of u. p. in the nagar awas department.'4. sections 2 and 3 of the government grants act. 1895, have been amended by u. p. act no. 13 of 1960 with retrospective effect and the substituted sections read as follows :'2. transfer of property .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All227
..... rules, being rule 7, is also held to be contrary to the letter and spirit of the indian forest act and the orders of this court and is, accordingly, set aside.38. the apex court having struck down the amendments relating to exemption of saw-mills using mechanical device with the use of power upto hp from obtaining the licence ..... mechanical device whose engine power is upto 3 hp'. the first proviso added to rule 5 by the amendment provided that in case the application for grant of licence is not disposed of within 60 days from ..... regulations of saw mills (iind amendment) rules 1998. the definition of saw-mill as contained under rule 2 was changed to mean and include any mechanical device whether operating with electric power, fuel power or man power for the purpose of cutting, sawing or converting timber and wood into pieces or the like acts but shall not include such .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(80)ECC84; 2002(142)ELT327(All)
..... passed by respondent nos. 1 and 2 deserveto be quashed and the petitioners are entitled to the benefit of notificationno.202 of 1988-c.e., dated 20-5-88 as amended by subsequent notificationno. 33 of 1992-c.e., dated 1-3-92. the petitions are, therefore, allowed. theimpugned orders passed by respondent no.2 as affirmed by respondent ..... the same. the petitioners are duly registered with the central excise department. the petitioners were availing the benefit of notification no.202/1988-ce., dated 20-5-88 as amended by notification no. 33 of 1992-c.e., dated 1-3-1992 in respect of clearance of their final products. the claim of the petitioners is that in ..... benefit of notification no.202 of 1988-c.e., dated 20-5-88 as amended by subsequent notification no. 33 of 1992-c.e., dated 1-3-92 as they were using unserviceable rails, fishplates etc. classifiable under chapter 73 of the central excise tariff act, 1985 purchased in auction directly from the railways and consequently the duty paid nature .....
Tag this Judgment!Court : Allahabad
Reported in : 1996ACJ57
..... govern the rights of the parties'. in this view of the matter i am of the considered view that section 140 of the motor vehicles act, 1988, as amended by motor vehicles (amendment) act, 1994 (act no. 54 of 1994) enforced with effect from 14.11.1994 shall apply to all claims pending before the tribunal or appellate court as ..... to the facts and circumstances of the case. learned counsel further urged that the appellants are entitled to get the benefit of section 140 of 1988 act as amended by the motor vehicles (amendment) act, 1994, enforced with effect from 14.11.1994. learned counsel appearing for national insurance co. ltd., respondent no. 2, refuted the submissions made ..... of the section which had to be construed. 10. true, there are no express words in section 92-a nor is there any express provision in the amending act 47 of 1982 making the section retrospective but that by itself is not sufficient to hold against retrospectivity for such an intention of the legislature may be inferred .....
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