Court : Allahabad
Reported in : AIR1958All858
..... 12 el lr 461: ((s) air 1957 sc 444) (a), the supreme court on a consideration of the representation of the people act, 1951, prior to its amendment by the representation of the people (amendment) act, 1956, (act 26 of 1956) held that 'trial means the entire proceedings before the tribunal from the time when the petition is referred to it until ..... mr. gopi nath kunzru for the petitioner seeks however to distinguish these cases on the ground that the supreme court was considering only the unamended act, & he argues that the changes effected by the amending act so directly affected the question that the earlier decisions of the supreme court no longer conclude the matter. 3. chapter iii of part vi ..... resort to which could only be had if 'trial' was understood as indicating proceedings prior to the hearing. as a consequence of the alteration affected by the amending act in section 86(4) the words which, have been deleted can no longer he called in aid in support of the contention that under the .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]85ITR19(All)
..... is not for the court, we think, to supply the omission and complete it. it appears that the omission was noticed recently, and in the taxation laws (amendment) act, 1970, section 38 substitutes for the original section 221(1) a new sub-section clearly mentioning the income-tax officer as the authority empowered to impose penalty. ..... in failing to pay the amount of advance tax demanded. the petitioner applied in revision to the commissioner of income-tax under section 264(1) of the act against the order of the appellate assistant commissioner concerning the first penalty order and also directly against the second and third penalty orders. theadditional commissioner of income-tax ..... on january 10, 1969, the income-tax officer, collection, allahabad, made an order imposing a penalty of rs. 1,280 under section 221(1) of the act because of the failure of the petitioner to pay the first and second instalments due on september 1, 1968, and december 1,1968, respectively. against this penalty order .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All283
..... counsel for the petitioners strenuously urged that though the petitioners have retired before1st october 1974, they are entitled to getretirement gratuity under section 17 of the principal act as amended by the amendment act of 1961 read with rule 19 of the all india services(death-cum-retirement benefits) rules, 1958 (hereinafter referred to as 1958 rules) as the same ..... the event of death. the provision for payment of gratuity in the event of death has been made in sections 17 and 17a of the principal act as amended by the amendment act of 1961 but there is no specific provision for payment of gratuity in the event of retirement. 6. we have carefully perused rule 2 of the ..... writ petition and this court is not competent to sit in judgment over the decision taken by t he supreme court in the said case. 9. the amending act 1976 amended the first schedule of part i relating to pension of judges and provided liberalised pensionary benefits only to the judges who retired on or after the 1st .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC963
..... working in the u. p. state road transport corporation. the hon'ble supreme court in the body of its judgment particularly after the amendment in the apprentices act had indicated that the act also covered the engineers.5. the post of assistant engineer in the public works department in accordance with the rules is within the ..... indicated that directions of the hon'ble supreme court should be strictly complied with and in that regard the service rules, etc.. if required, should be amended.10. our attention has been drawn by the learned standing counsel that the state government has taken a decision to complete the process of formulating or modifying ..... as well as all the instrumentalities of the state, should be followed and if in that regard, therules come in its way, the state government may amend the relevant rules by excluding those qualified assistant engineers who had underwent apprenticeship course from the purview of the public service commission by issuing a government order and .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1383; 2005(2)ESC1008; (2005)2UPLBEC1896
..... and in all other cases along with the application for recognition.(2) if an institution which is already recognized at the commencement of the intermediate education (amendment) act, 1958, fails to comply with the provision of sub-section (1) within the period provided therefor, the director shall send a notice to such institution ..... 1981 which are extracted below:-'[16-cc. the scheme of administration in relation to any institution, whether recognised 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.] [16-ccc. (1) where in relation to any institution, the ..... 16-a or section 16-b or section 16-c, at any time before the commencement of the intermediate education (amendment) act, 1980, and such scheme of administration is inconsistent with the provisions of this act, the director shall send, within a period of (three years) from such commencement, a notice to such institution .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1297; (2002)2UPLBEC1057
..... a direction that there should be 3% reservation for physically handicapped candidates for selection by the u. p. public service commission under u. p. act no. 4 of the 1993 as amended by u. p. act no. 6 of 1997 and to consider the petitioner as a physically handicapped candidate for recruitment to the u. p. higher judicial service against 3% ..... a judge, and he has to be certified as such by the medical board.11. we have to read the above rule 15 along with the u. p. acts of 1993 and 1997 and the relevant notifications. a harmonious construction leads us to the inference that while there is certainly reservation for physically handicapped persons but this is subject ..... state government issued a notification dated 4.5.1995 prescribing 2% reservation for physically handicapped persons vide annexure-7 to the petition. by u. p. act no. 6 of 1997, the percentage for reservation for physically handicapped persons has been increased to 3%. the grievance of the petitioner is that no reservation has .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2897; 2005(3)ESC1790
..... state of haryana and ors., (1995) 2 scc 5 77, the supreme court held-'article 48-a in part iv (directive principles) brought by the constitution 42nd amendment act, 1976, enjoins that 'the state shall endeavour to protect and innrove the environment and to safeguard the forests and wild life of the country'. article 47 further imposes ..... supreme court held-'in the present case, the land cannot be permitted to be used contrary to the stipulated user except by amendment of the master plan after due observance of the provisions of the act and the rules. non-taking of action by the government amounts to indirectly permitting the unauthorized use, which amounts to the ..... amendment of the master plan without following due procedure.'57. in virendra gaur and ors. v. state of haryana and ors., (1995) 2 scc .....
Tag this Judgment!Court : Allahabad
Reported in : 1975CriLJ885
..... a large number of cases dealing with the interpretation, of sub-section (1} of section 146, both before and after its amendment by section 19 of the code of criminal procedure (amendment) act) 26 of 1955. the cases prior to the amendment are khedan mahto v. hussaini kalal,. (1921) 22 cri lj 323 (pat); lachmi ojha v. brija misser (1921) ..... no justification statutory or otherwise, for requiring the magistrate to give the reasons for ah order passed by him under section 146. this was a decision prior to the amendment. reliance has also been placed on two decisions of the patna high court, namely, shreedhar thakur v. kesho sao : air1962pat468 and kartik sahu v. nand kishore, ..... magistrate had applied his. mind to it, and had not shirked his responsibility in the matter....the cases which deal with interpretation: of section 146 (1), after its amendments may now be noticed. the cases of this court are kumari om kumari v. shri-mati lajjawati, 1966 all wr (hc) 546 and sarju narain v. lachhmi narain .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2852
..... 33-b, 33-c and 33-d, every appointment of a teacher, shall on or after the date of the commencement of the uttar pradesh secondary education services commission (amendment) act, 1998 be made by the management only on the recommendation of the board:]provided that in respect of retrenched employees, the provisions of section of section 16 ft of the ..... took a policy decision to enhance the age of superannuation from 60 to 62 years. consequently, the provisions contained under chapter iii regulation 21 of the act of 1921 was accordingly amended as a result of which the age of superannuation of shri hari narayan vajpayee was extended up to 8.12.2005 and by virtue of sessions benefit ..... v.c. misra, jj.1. this infra court appeal, under the rules of the court, is preferred against the judgment of !he hon'ble single judge dated 9.5.2007 allowing civil misc. writ petition no. 41961 of 2006, rakesh bhardwaj v. state of u.p. and ors. with certain observations and directions.2. we have heard shri ashok .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All711
..... been in existence since 1916. by a notification published in the u. p. gazette, dated the 31st march, 1951, these bye-laws were amended and the following was inserted as clause (iii) of bye-law no. 1 :-no bull, bullock, cow, calf (both male and:female) ..... slaughtered in any slaughterhouse or 'in any other place.'4. the plaintiffs' case is that the said amendment is not warranted by the provisions of section 298 of the u. p. municipalities act, that it infringes their fundamental right conferred by sub-clause (g) of clause (1) of ..... is a corporation and it can act only by the passing of a resolution by those who for the ..... to the board where the suit is 'in respect of an act done or purporting to have been done in its official capacity' and the passing of a resolution to amend a bye-law is not an 'act'. i am unable to agree with this. a municipal board .....
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