Court : Allahabad
Reported in : (2001)2UPLBEC959
..... rules).facts and legislative history5. selections of the heads of educational institutions and teachers were earlier held under u.p. intermediate education act, 1921 (the intermediate act). this act was amended from time to time but in substance selections were made by a selection committee constituted by the committee of management managing ..... this judgment and the writ petitions are as follows :* appendix-1. the relevant sections of u.p. secondary education services commission and selection board act, 1982 (the act), as amended time to time unless specifically indicated.* appendix-2. the relevant rules of u.p. secondary services selection board rules, 1998 (the ..... from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with, the provisions of the intermediate education act, 1921, shall, with effect from the date of such commencement, be deemed to have been appointed in a substantive capacity provided such teacher has .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All754
..... have been given to the word 'habit' :'settled tendency or practice, mental constitution. the word 'habit' implies tendency or capacity resulting from the frequent repetition of the same acts. the words by 'habit' and 'habitually' imply frequent practice or use. habit is the disposition of a person towards a certain thing. it need not be uniform ..... possible even prima facie to believe that the conduct of the petitioner would fall within the expression vicious habits relating to sex. in the present case all the acts committed by the petitioner were committed in one transaction and relating to one woman. admittedly for 15 years after the marriage of smt. kumudni in 1940 the ..... very experienced judicial officer who is fully versed in traditions of judicial trials and the tribunal cannot be expected while exercising the powers under rule 8 to act in an arbitrary manner and to deprive the enquiry of all the trappings and safeguards of a fair and impartial departmental trial.however as was said by .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC556
..... body, and rejected the same in view of the provision of rule 9(c) of memorandum of association, under which the primary body can review the act or the acts of the governing body only if they had violated the memorandum, rules and bye-laws of the institute, and that no case of violation of any of ..... i. engineering college, dayalbagh, agra to be deemed to be a university for the purposes of the act 3 of 1956. on such declaration the deemed university (to be called university hereinafter) framed its own memorandum of association and bye-laws governing appointment and service ..... womens training college, agra. the government of india, ministry of education and culture (department of education), in exercise of powers conferred by section 3, university grants commission act, 1956 (3 of 1956), on the advice of the commission declared dayalbagh educational institute, agra comprising of dei women's training college, deirei degree college and d.e. .....
Tag this Judgment!Court : Allahabad
Reported in : (1885)ILR7All313
..... united, make a whole; but these together constitute one whole, which, whether it be an interest or an obligation, belongs to all. hence arises an implied authority to act for each other, which is in some cases carried very far. thus, if several plaintiffs sue for a joint demand, and the defendant pleads in bar an accord and ..... discharge the debtor. the reason of the rule is, that when money is jointly advanced by several persons, each of them authorises the other by necessary implication to act on his behaif. the question then in the present case is, whether the heirs of shambhu singh possessed any such joint right as would entitle each and every ..... for the divisional bench, to decide. it was not tried by the subordinate judge, and his judgment does not refer to it in any way. i therefore put act xxvii of 1860 aside altogether in considering the present reference.14. the question before us is a complicated and difficult one, involving closely connected considerations of substantive law and .....
Tag this Judgment!Court : Allahabad
Reported in : 6Ind.Cas.589
..... special circumstances, the court must continue to presume their absence unless and until their absence is disproved, in other words, their presence is proved.7. the evidence act in .laying down the principle set out in section 105 has at times been said to have introduced something new, and to have put the 1aw regarding criminal cases ..... might have existed or that doubt may arise in consequence of such assumption, and that the accused must be given the benefit of such doubt. section 105, evidence act, in using the words ' shall presume the absence of such circumstances' requires the court to regard such absence as proved unless and until it is disproved, vide ..... must be evidence upon which such circumstances can* be found to exist, and when they are not shown to exist, the court, which is under section 105, evidence act, bound to presume the absence of such circumstances, is not competent to assume, more particularly, when, as in this case, the pleas taken are inconsistent with such .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All648
..... of my learned brother. i desire to mention an additional reason, which seems to me of some weight, in arriving at the interpretation of section 64, negotiable instruments act, at which he has arrived, that is that under that section in default of presentment for payment, the maker of a promissory-note, the acceptor of a bill ..... lay down that the instruments should be presented for certain purposes and also lay down the consequences of she failure to make the presentment. in the scheme of the indian act, an attempt has been made to bring together the law on promissory notes, bills of exchange and cheques. this has caused a certain amount of confusion. sections 62 ..... judgment, and accordingly a decree was passed against him.2. in this court only one point has been urged, and it is this. under section 64, negotiable instruments act, the result of non-presentment of the hundis for payment was not the exemption of the acceptor from liability, but the exemption of other parties to the hundis. we .....
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All390
..... amounted to a novation of the contract of service between murli dhar and the applicants, so as to render the latter incapable of enforcement either by way of application under act no. xiii of 1859 or in any other manner, but i think the simplest answer to this contention is that, on the facts found, there was no complete novation ..... court in that case there was a specific penalty provided, but it was not suggested that the presence of this stipulation took the contract out of the operation of act no. xiii of 1859. my own opinion is that the presence of such stipulation in a contract of service may make it impossible for the employer to invoke the ..... thereupon proceedings were taken resulting in the present application. an order has been passed by the magistrate which complies in substance with the provisions of sections 2 and 3 of act no. xiii of 1859. i should perhaps note that, in the course of these proceedings the applicants admittedly tendered the balance of rs. 69 due to murli dhar, .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC773
..... relation of principals and 'agents being established between the petitioners and the ostensible licensees. in other words, in case it is found that the ostensible licensees were acting on behalf of the petitioners or were the alter-ago of the petitioners in that event, the agreement executed by the ostensible licensees would be taken to ..... lies against him. it is irrelevant that the fraudulent misrepresentation was made before agent's authority was granted if the misrepresentation is not corrected before the third party acts upon it. where the agent makes a representation which he honestly believes to be true, but which the principal knows to be false, the principal is ..... 26.5.1997 were issued by the collector as aforestated.3. sri s. s. ray, learned senior advocate, appearing for the petitioners canvassed that licence under the act is 'personal' and obligation to pay all dues in respect of the licence is the personal obligation as undertaken by the licensee in the 'counter part agreement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1919All164; 51Ind.Cas.205
..... amounted to a novation of the contract of service between murli dhar and the applicants, so as to render the latter incapable of enforcement either by way of application under act xiii of 1859 or in any other manner, but i think the simplest answer to this contention is that, on the facts found, there was no complete novation of ..... thereupon proceedings were taken resulting in the present application. an order has been passed by the magistrate which complies in substance with the provisions of sections 2 and 3 of act xiii of 1859. i should perhaps note that, in the course of these proceedings, the applicants admittedly tendered the balance of rs. 69 due to murli dhar, but ..... judge of jhansi, declining to interfere with an order by a first class magistrate of the same district passed under section 2 of the workman's breach of contract act (xiii of 1859). as the application raises one question of law on which it is supported by the authority of the punjab chief court, i think it advisable .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ98
..... person occurred. the defence has maintained a stoic silence about it. this is a very crucial circumstance enabling the court to draw an inference under section 113a evidence act. the sessions judge has come to the conclusion that interpretation of the letter ext. ka.2 dated 25-2-1989 is not favourable to the prosecution. it ..... into possession. all these were sent for chemical examination. the appellant was tried along with others under section 498a, i.p.c. and section 3/4 dowry prohibition act. the trial court held the other accused suresh dev, amresh dev and mooran dev not guilty of charges, so they were acquitted. only appellant ramesh deo was ..... the appellant by the trial court is sustainable. the presumption against him is clearly available under section 113a of the evidence act. the sessions judge was not right in holding that presumption under section 113a evidence act is not available to the prosecution. it was available and the appellant could have been convicted under section 302, i. .....
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