Court : DRAT Allahabad
Reported in : III(2006)BC37
..... on 7th november, 2003 payable by the state of chhattisgarh and principal secretary, department of forests of the said government and, therefore, die award amount can be attached.the learned counsel for the appellant bank contends that it is not necessary that the amount should be immediately payable for the purpose of attaching the same. ..... national tiles works industries wherein it was held that before invoking rule 5 of order 38 of the cpc, it must be shown by plaintiff that the defendant has acted or is about to act with the intent to obstruct or delay the execution of any decree that may be passed against him, and that the court must be satisfied that all the ingredients of ..... cannot include within their ambit the order to be passed on a future date in the original application.the power granted under sub-section (25) of section 19 of the act enables the tribunal to pass orders which are necessary to give effect to its orders already passed, and not an order which is likely to be passed in future.23 ..... in these circumstances, when there is a specific provision in sub-section (13)(a) of section 19 of the act, and when even according to the appellant bank the impugned order (on the request for attachment before judgment) has been passed without considering the provisions of the said sub-section, the appellant bank cannot contend that the tribunal can grant an order for attachment before judgment by taking into consideration the provisions of sub-section (25) of section 19, and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... on behalf of the private parties, whose case was ably put before us by their learned counsel sri gopal bihari, it is argued that an act that excites or constituted an attempt to excite bad feelings towards the e-xisting government' has no such calculated or inherent tendency in the changed political set up of the country ushered in by the promulgation of the constitution of ..... a case reported in air 1951 punjab 27 (z6), held that section 124-a penal code has become void as controverting the right of freedom of speech and expression guaranteed by article 19(1), and that it is not saved by article 19(2) as the limitations placed by article 19(2) upon interference with freedom of speech are real and substantial. ..... there is nothing whatsoever to indicate that the legislature ever intended to save all existing laws regardless of whether they impose reasonable restrictions in the ..... speech exciting a feeling of hatred may or may not be said to be in the interests of public order; if it may or may not be in the interests of public order, it is not covered by the saving clause of sub-article (2) article 19, which requires that it 'must' be. 20. ..... the legislature's distinguishing between certain existing law infringing the right mentioned in article 19(1)(a) and other existing law infringing the other rights mentioned in article 19(1) and saving the existing law infringing the right of article 19(1)(a) regardless of its object and not similarly saving other existing law infringing other rights. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2526; [2005(104)FLR6]; (2004)2UPLBEC1969
..... purpose of training therein in accordance with a scheme prepared in that behalf and approved by the state government ;' '(z) 'workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched ..... so long as they act as trainees they will be governed by the apprentices act and the i.d. ..... , he is to be employed' in an industry for the purpose of training therein in accordance with a scheme prepared in that behalf and approved by the state government ;(iv) even if a contract of apprenticeship entered into between the person and the employer has not been registered, as required under section 4(4) of the 1961 act, it would be treated as a binding contract and such a person would fall under the provisions of the 1961 act.' 26. ..... so far as the question as to whether the apprentice comes within the definition of 'workman' under the act is concerned, it may be mentioned here that section 2 (a) of the act defines 'apprentice' to mean a person employed in an industry for the purpose of training therein in accordance with a scheme prepared in that behalf and approved by the state government. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1280
..... it has further been seen that section 15 (1) states that the provisions of this act, will not apply in such cases where the selection process has been initiated before commencement of this act, but those cases have to be dealt with in accordance with the provisions of law or the government order as they stood before commencement of this act and the explanation to it also clarifies this position that the selection process is deemed to have been initiated where the ..... section 15 of the act 4 of 1994 provides a saving clause with the expression '(1) the provisions of this act shall not apply to cases in which selection process has been initiated before the commencement of this act and such cases shall be dealt with in accordance with the provisions of law and government orders as they stood before such commencement. ..... in educational institutions and universities were sought to be subjected to reservation by incorporating a definition in section 2 (c) defining 'public service and posts' in connection with the affairs of the state to include (iv) an educational institution owned and controlled by the state government or which receives grants in aid from the state government including a university established by or under the uttar pradesh act, except an institution established and administered by minorities referred to in clause (1) of article 30 of the constitution. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All11
..... inter alia, provides :'the governor-general shall by order make such provision as appears to him to be necessary or expedient--(a) for bringing the provisions of this act into effective operation ;(c) for making omissions from, additions to, and adaptations and modifications of, the government of india act, 1935, and the orders in council, rules and other instruments made thereunder, in their application to the separate new dominions ;(d) for removing difficulties arising in connection ..... executive authority of the province was to be vested in the governor who was to exercise it, save in matters which were within his discretion or subject to his special responsibilities, on the advice ..... supposition that the indian independence act has not provided for the accession of indian states to the indian dominion, though it is conceded that there is in it a 'savings clause' that nothing in the act would prevent the accession of indian ..... . sub-section (3) of section 18 of the act provides as follows :'save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as applicable and with the necessary adaptations, continue as ..... sub-section (3) thereof provides :'save as otherwise expressly provided in this act, the law of british india and of the several parts thereof existing immediately before the appointed day shall, so far as applicable and with the necessary adaptations, continue as the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All174
..... commenced before 7-11-1958, the date of coming into force of act 37 of 1958, the procedure obtaining at the time of enforcement of the amendment was saved or in other words that the new procedure will not apply to such pending suits or proceedings but they continue to be governed by the procedure existing on 7-11-1958 with particular reference to sections ..... which obtained at the time of coming into force of act 18 of 1956 was saved by the saving clause contained in section 23 (1) of act 18 of 1956 with the result that the civil court could decide the question of sirdari and was not bound to refer the same to the revenue court in view of the amended procedure introduced in section 332-b by act 18 of 1956.in deciding this question the full bench ..... court for deciding sirdari issues is governed by the law applicable on the date of decision of the suit and not by the one in force on the date of its institution and further that the issues relating to sirdari rights became referable to the revenue court by the amendment of section 332-b of the act because the saving clause incorporated in section 23 (1) ..... be accepted even after the contention that the word 'proceeding' in section 87 (1) of the act is held to be wide enough to cover a suit because it is clear from the language of the second part of section 87 (1) extracted above which is in terms plain and unambiguous that what was saved was only forum with respect to pending proceedings and not the procedure.similar argument was advanced .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
..... cannot, as a right ; be claimed but after the appointment, to a post or an office, be it under the state, its agency, instrumentality, juristic person or private entrepreneur, it is required to be dealt with as per public element and to act in public interest assuring equality, which is a genus of article 14 and all other concomitant rights emanating therefrom are species to make their right to life and dignity of person real and meaningful.'12. ..... indian railway construction company limited (hereinafter referred to as 'company') is a company incorporated under the indian companies act, it is wholly owned by government of india and concededly it is an instrumentality of 'state' within the meaning of article 12 of the constitution ..... , learned counsel has also placed reliance on the fact that the company is maintaining accounts of the regional office at state bank of india, anpara project where regular business transactions had been underway even after the alleged closure of anpara project.7. ..... true it is, they were given the benefit under group saving combined insurance scheme as is available to regular employees, but specific case of the respondent-company is that such benefits are also given to ..... besides the company also extended the benefit of group saving combined insurance scheme as is available to regular employees, implemented ivth pay commission report ..... the benefit of group saving combined insurance scheme, the benefit available to regular employees of the company was also .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3270
..... a child even with an intention of giving one's property to that child and loosely describing as having adopted child do not constitute adoption in the technical legal sense as understood in hindu law and that succession is governed by the succession act and not by rules of hindu law applicable to community to which he belonged before conversion is not in consonance with the law laid down by the privy council holding that though the profession of christianity releases the ..... 10,000 and 1,200 in saving bank account in central bank of india, civil lines branch, allahabad and ..... in support of this submission, reliance is placed on sub-section (2) of section 29 of indian succession act, which enjoins that save as provided in sub-section (1) or by any other law for (he time being in force, the provision of this part shall constitute the law of india in all ..... being of the force of law and 'then it would follow on the plain english of the section that the words that 'any other law for the time being in force' of section 29 of the indian succession act should be read as saving of a customary law for the garos'. ..... those who want to give their property to the adoptive child can open a bank account or acquire property in his name or make him a nominee in deposits or securities or execute a gift deed or leave a will ..... in my opinion, it will be a lawful act for a person destitute of a son to adopt a child irrespective of his race and domicile save where he is forbidden to do so by law or anytenets .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2298
..... university, or whether any decision of any authority or officer of the university including any question as to the validity of a statute, ordinance or regulation, not being a statute or ordinance made or i approved by the state government or by the chancellor is in conformity with this act or the statutes or the ordinance made thereunder, the matter shall be referred to the chancellor and the decision of the chancellor thereon shall be final:provided that no reference under this section shall be ..... that at places where instructions are provided for graduate and post-graduate level of studies there must be a campus, classrooms, lecture theatre, library, laboratory and the like^ the university and the state government have completely failed to discharge the heavy burden cast upon them to ensure that the study centres possess the basic infrastructure and are well equipped to teach the students ..... most disturbing is the communication dated 21st may, 2004 sent by the vice-chancellor of the university to the distance education council in which it was pointed out that the state government had granted permission by the letter dated 12th april, 2004 and thereby hinting that the distance education council may not insist for its approval and that the university hoped 'that ..... .(3) save as otherwise provided in this section, the executive council may, from time to time, make new or additional ordinances or may amend or repeal the ordinances referred to in sub-sections (1) and (2):provided that no ordinance .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All703
..... of india act, saved the effect 'as respects anything done or omitted to be done' of the incompetent part of the defence of india act, but not that of the competent part which was not governed by that provision at all. ..... so even if the effect of the ordinance was to amend section 1 of the act by inserting a saving clause, the saving clause remained operative after 30-9-1946, to save the effect of anything done or omitted to be done.14. mr. ..... i considered that its so-called repeal by act ii (2) of 1948 has no meaning & that the saving clause in act ii (2) of 1948 cannot save the effect of anything to be done or omitted to be done.17. ..... the ordinance was governed by one law & was to remain in operation as provided in para 72, while the act was governed by another law & was to remain in operation as provided in section 102, g. i. ..... i have already explained why when an act with a saving clause expires, the saving clause remains operative & the remaining provisions only become lifeless. ..... there is no substance in the contention that a saving clause is out of place in the act itself.i do not see any reason why the legislature cannot provide in the act itself that its expiry would not affect things previously done or omitted to be done. ..... the case was governed by the interpretation of section 11(3) of the act itself; if it permitted the prosecution even after the expiry, the prosecution was valid whether reasonable or not & if it did not, it was invalid, again whether reasonable or not. .....
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