Court : Allahabad
Reported in : 1999(4)AWC3524; (1999)3UPLBEC2092
..... mentions that the appointment of principal can be made on contract basis.9. learned counsel for the petitioner has challenged the constitutional validity of u. p. amendment act no. 9 of 1998 on the ground that only motilal nehru regional engineering college. allahabad has been mentioned therein, and this law has been made applicable only ..... the rules and bye-laws of the motilal nehru regional college society, allahabad. (2) all appointments made before the commencement of the uttar pradesh state universities (amendment) act, 1998 in accordance with the provisions of sub-section (1) shall be deemed to have been made under the said subsection as if the provisions of the ..... selection in pursuance of the advertisement dated 12.2.1996. he has also challenged the constitutional validity of section 3 of the u. p. state universities (amendment) act, 1998.3. the dispute in this case is regarding the post of principal of motilal nehru regional engineering college, allahabad. it is this post on which .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ1765
..... these f.i.rs. are given below: -- (i) crime no. 197/92 under sections 395, 397, 332, 337, 338, 295, 297, 153a, i.p.c. and section 7 criminal law amendment act, police station ram jariam bhoomi, district faizabad. this f.i.r. was lodged by sri priyambada nath shukla, station officer of police station ram janam bhoomi against lacs of unknown ..... . xxv of 1946).sr. crime no number police station sections1. 197/92 ram 395, 397, 332, 337,janam 338, 295, 297 andbhumi 153a, ipc and sec.7 of criminal law amendment act.2. 203/92 -do- 394 ipc3. 204/92 -do- 394 ipc4. 205/92 -do- 394 ipc5. 206/92 -do- 392 ipc6. 207/92 -do- 392 ipc7. 208/92 -do- 392 ..... power to issue the notification vested in the state government subject to the provisions of section 11 cr. p.c. read with section 21 of the general clauses act i.e. to say the amendment, addition or variation could be made by his excellency, the governor, in the principal notification dated 9th september, 1993 only after and with the consultation of the .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3542
..... judgment before respondent no. i. xlvth additional district judge, allahabad, within two weeks from today and he (respondent no. i) shall decide amendment application on merits in accordance with law after affording opportunity to the parties within six weeks from the date of filing of a certified copy of ..... annexure-4 to the writ petition). landlord respondent in the said appeal filed objections (annexure-5 to the writ petition).3. appellate authority rejected amendment application vide judgment and order dated august 6. 1999 (annexure-6 to the writ petition).4. i propose to decide this petition finally without ..... act').2. release application was filed in the year 1983 (annexure-1 to the writ petition). prescribed authority allowed release application on december 20, 1995 (annexure-3 to the writ petition). thereafter tenant-petitioner filed rent control appeal no. 20 of 1996 before respondent no. 1. during the pendency of aforesaid appeal, tenant-petitioner filed an application for amendment .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC31; (2005)1UPLBEC283
..... no. 19 of 1984 nor he can claim the automatic absorption either provisionally or finally by operation of law as section 5-a of the 1973 act, as amended by ordinance no. 19 of 1984 provided for assessing the suitability of the candidate and passing a positive order by the authority concerned. if such an ..... in kanpur nagar mahapalika under u.p. pahka centralised service rules, 1966 (hereinafter called as the 'rules, 1966'), framed under the act, 1959. the uttar pradesh urban planning and development (amendment and validation) act, 1973 was enacted and in view thereof the kanpur development authority came into existence on 13.9.1974. petitioner was also transferred to ..... on 27.4.1985 giving retrospective effect from 22.10.1984. the provisions of section 5-a also stood substantially amended. the uttar pradesh urban planning and development (amendment and validation) act, 1985 (hereinafter referred to as the 'act no. 21 of 1985') was published in the up. gazette on 23.8.1985, but it came into .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All101; [2005(2)JCR593(All)]; (2005)1UPLBEC85
..... a scheme of administration (hereinafter referred to as the scheme of administration) for every institution, whether recognised before or after the commencement of the intermediate education (amendment) act, 1958. the scheme of administration shall amongst other matters provide for the constitution of a committee of management (hereinafter called the committee of management) vested ..... provides that the scheme of administration, in relation to any institution, whether recognized before or after the commencement of the intermediate education (amendment) act, 1980, shall not be inconsistent with the principles laid down in the third schedule. the third schedule provides for the principles on ..... generally a thing is not more itself because it is spoken of as 'actual' nor is an act more done or enjoined because, it is void, or required, to be 'actually' done. thus, the phrase 'actual seizure' in mercantile law amendment act, 1856 (c. 97) means no more than 'seizure' (gladstone v. padwick, lr 6 ex .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3531
..... we do not find any merit in the submission of shri chandel that the petitioner is entitled as a matter of right for an opportunity to file an amendment application assailing the vaidity of the office order aforementioned.14. in fairness to mr. chandel, we also put on the record that according to him the cause ..... argument was misconceived. the cause of action, if subsequently arise, it is open for the petitioner to incorporate the same in the pending writ petition by seeking necessary amendments. thus, argument of the learned counsel for the petitioner aboutfresh cause of action is also devoid of merits. 19. the next argument advanced by learned counsel for ..... find that out of 28 respondents only respondent nos. 1to 4 were granted time on 10.1.1994 to file counter and thereafter counters and rejoinders thereto and amendment petition and counters thereto were filed by these respondents and the petitioner only. no notice was even issued to the remaining respondents ever.4. when this writ .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2955; II(2007)DMC535
..... which date the parties shall appear before court below. the court below shall make all efforts to conclude the arguments latest by 21.7.2007. both the impugned orders are set aside. second amendment application of the plaintiff dated 28.4.2000 is allowed. however, it is directed that plaintiff shall not be permitted to adduce any ..... stated that evidences of both the parties had been concluded and arguments were continuing in the suit. learned counsel for the plaintiff categorically stated that if second amendment application of the plaintiff was allowed, then plaintiff did not propose to adduce any additional evidence and he would argue the case only on the basis of ..... to be added in the plaint. a plaintiff is always at liberty to give up any relief including alternative relief. the plaint, as it stood after first amendment application was allowed, contained two alternative reliefs, one for restitution of conjugal rights and the other for divorce. plaintiff was at complete liberty to give up .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(4)AWC4139
..... partly through order dated 17.11.1981, which has been challenged through this writ petition. the revisional court rightly held that first, the munsif should have allowed the amendment application and thereafter should have returned the plaint under order vii, rule 10, c.p.c. for filing before proper court, i.e., civil judge. it was ..... be returned to the plaintiff by civil judge for being filed before the same court, i.e., civil judge.7. in my opinion, the courts below have acted in extremely technical manner. plaintiff also unnecessarily wasted 27 years by challenging the order of the revisional court through this writ petition. he could have taken back the ..... was fully competent to transfer the same to the civil judge as the jurisdiction of civil judge is unlimited, no maxima no minima. accordingly, order of allowing the amendment in the plaint passed by the civil judge, ballia is perfectly legal.11. writ petition is disposed of with the direction to the district judge, ballia to transfer .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC2103
..... proposition that if a right accrued in favour of a party, as the order impugned has not been challenged in time, the said right cannot be taken away by seeking amendment in pleadings. (vide radhika devi v. bajrangi singh : [1996]1scr768 and dondapati narayana reddy v. duggireddy venkatanarayana reddy : air2001sc3685 ).13. in g. nagamma and ors ..... pleadings. however, the aforesaid decision of the three member bench of this court in modi spinning (supra) is to the effect that while granting such amendments to written statement no inconsistent or alternative plea can be allowed which would displace the plaintiffs case and cause him irretrievable prejudice.consequently it must be held ..... judges of this court is a clear authority for the proposition that once the written statement contains an admission in favour of the plaintiff, by amendment such admission of the defendants cannot be allowed to be withdrawn if such withdrawal would amount to totally displacing the case of the plaintiff and which .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]107CompCas278(All)
..... of action. that apart, in byomkesh banerjee v. nani gopal banik, air 1987 cal 92, amendment seeking to incorporate readiness and willingness in a suit for specific performance of contract as is required under section 16 of the specific relief act and prescribed in model forms nos. 47 and 48 in appendix a of the schedule to the ..... of the court with regard to its decision in an application under order 6, rule 17. normally, the discretion lies on the court to which the application for amendment is made to allow or reject the same. this court will not interfere with the discretion in exercise of its jurisdiction under article 226 of the constitution of india ..... adjourned on the prayer of the plaintiff, the said order was not challenged. on the other hand, the defendant had filed his objection and contested the application for amendment. be that as it may, the question that such application could not be entertained at that stage was one of the grounds of objection. therefore, filing of objection .....
Tag this Judgment!