Court : Allahabad
Reported in : 2001LabIC4091
..... apposite to extract below the section 3 of the 1992 amendment act and section 31c of the principal act, as amended by the 1992 amendment act and 1997 amendment act.'3. omission of section 16.--section 16 of the principal act shall be omitted.''31c. regularisation of other ad hoc appointments ..... pradesh higher education services commission act, 1980, thereinafter called the 'principal act'), as amended by the uttar pradesh higher education services commission (amendment) act. 1992, (hereinafter called the 1992 amendment act), and the uttar pradesh higher education services commission (amendment) act, 1997, (hereinafter called the 1997 amendment act), the petitioner prays for ..... is extracted below :'..... meanwhile thestatutory selection committee. constituted under section 31c (2) of the u. p. higher education services commission (amendment) act. 1997. directorate of higher education, allahabad is directed to consider the question of regularisation of petitioner or to show cause by filing .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2642
..... to cast their votes in the ensuing election of the members and office bearers of the committee of management.5. the settled principle of law is that amendment should not be taken as retrospective unless the statute, affecting substantive rights, provides that it is to be given effectretrospectively. secondly, a delegated legislation cannot ..... heard sri sudhakar pandey, learned counsel for the petitioners, and sri g. d. mishra, learned counsel for the respondents.4. the core question is whether the amendment can be made with retrospective effect. the members are to participate in the election after expiry of term of the present committee of management. the unamended bye- ..... itsetf confers power on the authority framing delegated legislation. section 14 of the u. p. co-operative societies act, 1965, confers power to make amendment in the bye-law which reads as under :'14. power to direct amendments in bye-laws.--(1) when the registrar is of the opinion, whether on the representation of a member .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC3310(All)
..... deals with the lands belonging to gaon sabha and land management committees. section 122-b is part of such chapter. such section was introduced by u.p. land laws (amendment) act no. 20 of 1982 making it effective from june 3, 1981. under sub-sections 3 and (4-a) of the said section, a period of 3 months originally ..... and land reforms rules, 1952, shall be and be always deemed to have been made under the u.p. zamindari abolition and land reforms act, 1950, as amended by the uttar pradesh land laws (second amendment) act, 1961, as if this section has been in force on all material dates and shall accordingly continue in force until altered or repealed or ..... was incorporated way back in the year 1982. long time has elapsed. it has taken effect. therefore, the prayer as made by the petitioners by way of amendment application challenging validity of the act in the year 2007 or 2008 cannot be taken note of. however, learned additional advocate general has added at that juncture that the vires of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(4)AWC3227(All)
..... university, gorakhpur dated 16.01.2008 where under the regularization of the petitioner, as earlier directed with reference to section 31(3)(c) of the u.p. state universities act, 1973 (as amended by u.p. ordinance no. 3 of 2004), has been revoked.3. counsel for the petitioner has vehemently contended that once regularization had been directed by the university after ..... of regularization under section 31(3)(c). on receipt of the said report, the vice chancellor of the university, after obtaining legal opinion, issued an order dated 04.08.2007 offering appointment to petitioner on substantive basis.8. the petitioner claims to have started working as regular lecturer w.e.f. 10.10 ..... , he was not paid salary admissible to the post of lecturer. he, therefore, initiated contempt proceedings, being contempt petition no. 3370 of 2007, wherein notices were issued.it is at this stage of the proceedings that the vice chancellor has passed the impugned order dated 16.01.2008, whereby the order of .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2593
..... not inviting objections in writing by the trial court. needless to say that the; petitioner will have a right to file additional written statement in reply to the amended plaint allegations.9. the scope of revisional court is a very limited one and is circumscribed by the conditions mentioned therein. one of the conditions for the exercise ..... the parties. this was numbered as application no. 198 -a. the said application was objected by the defendants on the pleas that the plaintiff has not sought consequential amendments in the plaint and has simply sought the addition of smt. sayra as defendant no. 16 in the array of the parties. the plaintiff respondent no. 1, therefore ..... be drawn which runs contrary to the averments of the paragraph - 2 a of the act. the said contention is misconceived and cannot be accepted. therefore, i am satisfied that the trial court was justified on merits to allow the application for amendment in the plaint by incorporation of para 2 a therein. there appears to be a .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(4)AWC3000; (2002)3UPLBEC2792
..... of its own. in order to infuse life to it, state government had to issue notification with an option to choose different dates for different provisions of the said amending act. 5. it is not disputed by any of the counsels of respective parties that the required notification was issued in the u. p. gazette, extra, part 4 ..... of the counsel has placed before this court any other notification to show that section 13 of the said amending act, 1993, was ever enforced or brought into operation. 8. it is, therefore, clear that section 13 of the amending act, 1993, was never infused with life and commenced at no point of time. as a consequence thereof section ..... that section 18 of the u. p. secondary education services commission and selection board act (u. p. act no. 5 of 1982) being omitted vide section 13 of the uttar pradesh secondary education services commission and selection boards (amendments) act, 1992, (u. p. act no. 1 of 1993): the management had no right to make ad hoc appointment and .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3195
..... to time fix, by notification published in the official gazette including suits or other proceedings instituted before the date of commencement of the u. p. civil laws (amendment) act, 1991 .....as the case may be. the date of commencement of such enquiry, .....'. in view of the expressionthat the court did not feel called to enter ..... to time fix. by notification published in the official gazette including such suits or other proceedings instituted before the date of commencement of the uttar pradesh civil laws (amendment) act. 1991, or as the case may be. the date of commencement of such notification), and the district court in any other case, including a case arising out ..... same date, in exercise of the powers conferred upon it under section 21(1)(b) of the bengal. agra and assam civil courts act. 1887 amended by the u. p. civil laws (amendment) act. 1991. a perusal of the said notification shows that ft was confined to the pecuniary jurisdiction in respect of the appeals those shall lie .....
Tag this Judgment!Court : Allahabad
Reported in : (2001)3UPLBEC2146
..... of the bank.5. the u.p. co-operative societies employees service regulations, 1975 contains regulation 104 which was inserted by u.p. co-operative, societies employees service (iv amendment) regulations, 1983. regulation 104 is quoted below :'104 recruitment of dependents of employees dying in harness.-(i) in case and employee of co-operative society, who is either ..... that the application should be made within a period of five years. proviso to rule 5 reserves power of relaxation in the state government in appropriate cases. rule 5 amended is quoted below :'5. (1) in case a government servant dies in harness after the commencement of these rules and the spouse of the deceased government servant is ..... is no evidence of death of bhagwan singh on 8th february, 1980 and death has to be presumed as per the provisions of section 108 of the indian evidence act after 7 years, the presumption of death was very much there on 7th febaiary, 1987 and if on that date i.e. 8th february, 1980 there was need .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)2UPLBEC1134
..... or reduce the financial assistance given to that university, but neither the central government nor the u.g.c. has any power to amend the act or statute. under section 50(1) the state government could amend the first statute made by the state government at any time upto 31-12-1990, and the executive council under section 50(2) ..... squarely applies to the facts of the present case. this court cannot increase the age of retirement. that can only be done by amending the statute in accordance with section 50 of the u.p. state universities act, as already mentioned above.15. sri v.b. singh, learned counsel for the petitioner urged that this court should adopt an ..... can amend the statute, thereafter. under section 50(4) the amendment in the statute has to be submitted to the chancellor who may assent to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All215
..... no. 2. same arguments were raised as were raised with respect to question no. 2. it appears that the appellants were labouring under some confusion. the plaint was amended and the plaintiffs filed the scale map in pursuance of the order passed by the trial court. the scale map has been made part of the decree, and the question ..... . once plaint has been allowed to be amended, the unamended portion cannot be taken into consideration. the question no. 2 sought to be raised legally and factually has no merit and is liable to be decided against ..... land has, been described by letters e, f. g and o while in the unamended plaint it was described by letters of deonagri script. the plaint having been amended and the map on scale has been submitted by the plaintiffs, it cannot be said that the decree passed by the lower appellate court is vague or uncertain or unexecutable .....
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