Judgment Search Results Home > Cases Phrase: hirepurchase repeal act 2005 Court: allahabad Page 1 of about 1,567 results (0.061 seconds)

M/S. Nbk Trade Linker Pvt. Ltd. and Others Vs. Railway Board and Other ...

Court : Allahabad

..... as penal rates, they cannot be held to go beyond the scope of section 30 (2) of the act, 1989, whereas the scale of rates can be prescribed by railway board under section 30(2) of the act,1989, the said scale may also contain a rate which can be termed as penal rates. ..... petitioners submitted that the railway board has jurisdiction to fix the rates to the extent of six times of the normal rate in exercise of power under section 30 (2) of the act, 1989 and the petitioners have remedy of filing an appeal against the order of penal demurrage/wharfage charges. ..... section 54(1) states that the railway administration may impose conditions not inconsistent with the act or with any general rules made thereunder, "with respect to the receiving, forwarding ..... that the scale of rates has therefore to be framed in a manner which will act both as an incentive and as a compulsion for the expeditious removal of the goods ..... it is submitted that clause 3.3 of rates circular dated 74 of 2005 and para 6 of the rates circular dated 21 of 2007 are ultra vires to the act, 1989, there being no specific provision under the act, 1989 for levy of penalty for demurrage/wharfage charges, railway board cannot prescribe any penal demmurage/ ..... view that the prescription of penal rates for demurrage and wharfage in the above mentioned rates circulars are fully within the competence of the railway board under the act, 1989 and the said provisions are neither arbitrary nor violative of article 14 of the constitution. .....

Chabi Nath Son of Sarju Prasad Vs. State of U.P. Through Its Secretary ...

Court : Allahabad

Reported in : 2005(2)AWC1405

..... has, however, submitted that in view of the relief claimed in the writ petition, (as noted above) the petitioner cannot claim benefit of the urban land (ceiling and regulation) repeal act, 1999; copy of which has been filed as annexure '3' to the petition.8. ..... relevant extract of sections 3 and 4 of the repeal act read:3.savings:- (1) the repeal of the principal act shall not affect:- (a) ............................... (b) .................................. (c) ..... a writ of mandamus is issued against the respondents not to interfere with the possession of the petitioner over the land declared surplus under the act by the competent authority vide order dated 27.1.1981 (annexure '2') and further to correct revenue records on necessary steps being taken by the petitioner in that respect.the petition is allowed.no ..... we deem it proper to deal with the relevant provisions of the act as well as the repeal act so that there remains no ambiguity or uncertainty with regard to the effect of issuance of the notification under section 10 of the act. ..... 10(1) and 10(3), as such are not at all relevant so far as the question of applicability of saving clause of section 3 of the repealing act (as quoted above) is concerned.13. ..... the court, this time, by the order dated 12.01.2005 directed:-'until further order, if petitioner has not been dispossessed in pursuance to the proceedings under urban land (ceiling & regulation act, 1976, the respondents shall not interfere with the possession and enjoyment of .....

Kailash and anr. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2006(1)AWC497

..... : (2005)3scc632 , that when both vesting and possession are made applicable then the original act will be made applicable but not the repealing act, otherwise repealing act will be applicable ..... the last part of sub-section (2) under section 3 of the repealing act is in respect of restoration of the land even when the amount can be paid back to the state ..... court held that there are some other provisions in the said section (section 3 of the said repeal act) which are relevant in deciding the question as to whether the repeal shall affect such vesting. ..... the possession envisaged under section 3 of the repeal act is de facto and not de jure only ..... such act was repealed by virtue of the urban land (ceiling and regulation) repeal act, 1999 ..... repeal act shall have no effect on the principal act if possession of surplus land was not taken as contemplated in the principal act. ..... the proviso to section 4 of the repealing act does not allow one to take advantage of abatement of legal proceedings when section 11 onwards takes ..... bone of contention of the petitioners' argument is that the authority had not taken the actual physical possession of the land in question, therefore, the possession cannot be kept by the state authority after the repealing act being enforced in the state. ..... without resorting to the provisions contemplated under section 10(5) or section 10(6) of the act, then possession will be irrelevant and of no consequence so far as the applicability of the repeal act is concerned. .....

Ajeet Singh Alias Muraha Son of Vijay Singh Vs. State of Uttar Pradesh ...

Court : Allahabad

Reported in : 2007CriLJ170

..... the onus of proving the allegations beyond reasonable doubt, in a criminal case, is not applicable in the civil proceedings which can be decided merely on the basis of the probabilities with respect to the acts complained of...where factual foundations for the offence have been laid down in the complaint, the high court should not hasten to quash criminal proceedings merely on the premise that one or two ingredients have ..... that the powers of investigation fall within the exclusive domain of the police, and at this stage courts cannot intervene unless the police acts wholly without jurisdiction by seeking to investigate an non-cognizable offence without the permission of a magistrate, or where there may be some other statutory restriction on investigation. ..... in order to give effect to the law laid down by the hon'ble supreme court in this case, the provisions of the code have been amended by code of criminal procedure (amendment) act, 2005 by which section 50a has been inserted. ..... arrests have even been stayed in grave cases of murder, rape, dacoity abduction, under the prevention of corruption act, or cases of financial and other scams or where accused are absconding, not co-operating or they are needed for custodial interrogation, effecting recoveries under section 27 of the evidence act or for obtaining their hand writings, or thumb marks or they have to be put up for identification. .....

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

..... petitioner has filed this writ petition claiming following reliefs:- "(i) issue a writ, order or direction in the nature of certiorari quashing the 93rd constitutional amendment act, 2005 whereby a new clause has been inserted/added to the article 15 as 15 (5) in part iii of the constitution of india and section 4 of the ..... learned counsel appearing for the petitioner submits that the challenge to the constitution (ninety third) amendment act, 2005 inserting clause-5 in article 15 in part iii of the constitution of india has been upheld by the constitution bench in ashoka kumar thakur's case ..... honourable judges on the bench did not express any opinion whether the constitution (ninety-third amendment) act, 2005 was valid so far as private un-aided educational institutions are concerned and have left the question ..... the ratio of the decision is a binding precedent, and thus once the constitution (ninety-third amendment) act 2005, to the extent that it refers to unaided institutions, has been held to be ultra vires, the high courts are bound with the ratio, as to under article 141 of the constitution has to follow it and on the same ..... submit that article 15 (5) does not breach or violate the basic structure of the constitution of india and that once the constitution (ninety third amendment) act, 2005 amending the constitution has been held valid, it is not open to this court to take a different view. 31. ..... its provision cannot be easily repealed or amended. ..... easily enacted and easily repealed. .....

Sanjay Tiwari Son of Shri Shyam Kishore Tiwari and Neelabh Dwivedi Son ...

Court : Allahabad

Reported in : 2006(1)AWC460; 2005(4)ESC2449

..... order of 1994 by the state government in exercise of powers under section 28(5) cannot be said to be made applicable for reservation in admission to the various courses of the central university inasmuch as under the act no, 26 of 2005 it is for the university, under section 9 proviso or through its ordinances, to regulate the procedure for admission including reservation, if any, to be provided for.28. ..... shall not apply to the category of other backward classes of citizens specified in schedule 11 to the uttar ' pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994,--(b) admission to medical and engineering colleges and to course of instruction for degrees in education and ayurvedic or unani systems of medicine (including the number of students to be admitted), shall subject to clause(a), be ..... of the court, the reservation of order of 1994 issued by the state government in exercise of powers under section 28(5) of the state universities act cannot be said to be the extended power to frame the statutes or ordinances under section 50 and 52 of the state universities act nor the reservation order of 1994 can be said to be part and parcel of the ordinances/statutes regulating the admission to various courses of ..... previous approval of the central government and the ordinances so made may be amended, repealed or added to at any-time by the executive council in the manner prescribed by ..... said act was, however repealed under section .....

Mithlesh Kumar Tripathi S/O Late Shri V.S. Tripathi Vs. the Commission ...

Court : Allahabad

Reported in : (2005)199CTR(All)511; [2006]280ITR16(All)

..... the assessing officer shall serve [888] as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this ..... here that in response to the notice issued under section 148 of the act the petitioner had already filed its returns before the assessing officer and after filing the returns by the petitioner on 27.4.2005, no notice under section 143(2) of the act or any other notice for making assessment has been issued to the petitioner ..... of 'the right to information act, 2005' to emphasise that the petitioner is entitled to have the specific information namely the reasons along with notice but did not elaborate and pressed his point on the basis of said act.55. ..... contemplated under section 148 of the act, issued impugned notice dated 31.3.2005 for assessment year 2000-2001/annexure ..... under section 148 of the act, the petitioner vide letter dated 13.5.2005 called upon the respondent no. ..... dated 31.3.2005 issued under section 148 of the act filed his return for the assessment year 2000-2001 on 27th april, 2005. ..... 2005 reads-'whereas i have reason to believe that your income chargeable to tax for the assessment year 2000-2001 has escaped assessment within the meaning of section 147 of the income-tax act .....

Smt. Shaheen Ara Begum Vs. Viith A.D.J. and ors.

Court : Allahabad

Reported in : 2005(4)AWC3734

..... purview of the act, had held that the pending proceedings before the rent controller for eviction of the tenant on the date when the repealing act came into force would not be affected by the repealing statute and will be continued and concluded in accordance with law as existed under the repealed statute. ..... the contention raised by learned counsel for the petitioner are two fold, firstly, according to him in case the revisional court was of the view that the act was not applicable with respect to the building in question in that event the revision itself ought to have been dismissed as not maintainable and it could not ..... as if the said provision existed in the statute book from the very beginning and therefore, the building in question would not be covered by the act, the order of allotment could not have been sustained and has been rightly set aside.10. ..... --in section 2 of the uttar pradesh urban buildings (regulation of letting, rent and eviction) act, 1972, hereinafter referred to as the principal act-(a) in sub-section (1),-(i) in clause (a), after the words 'a public sector corporation', the words 'or a cantonment board' shall be inserted;(ii) in clause (b), the words 'the whole of the income from which is utilised for ..... for allotment of the premises in dispute, and the same had been considered and allowed in his favour by order of rent control and eviction officer under section 16 of the act under which definitely the petitioner acquired right to occupy the premises in dispute. .....

Committee of Management, Shri Chameli Devi Khandelwal Girls Inter Coll ...

Court : Allahabad

Reported in : 2005(1)ESC615

..... submitting cases to the commission for approval of the commission under sub-section (1) of section 21, the management shall complete all proceedings as per procedure prescribed in intermediate education act, 1921 or the rules, if any, and regulations made thereunder or orders issued by the education department and/or board of high school and intermediate education, u.p. ..... not a mere formality, rather the commission has to apply its mind to the facts and circumstances of the case and the material on record with a view to determine as to whether or not managing committee of the institution has acted in consonance with the principles of natural justice and awarded punishment commensurate to the charges found proved. ..... both petitioner as well as contesting respondent shall appear before the board on 8.2.2005, on which date documents, inter se parties be exchanged, and thereafter matter be decided on the same date or on subsequent date, keeping in view observation made above, within the time limit, as already specified above.no order as to ..... education service commission (procedure for approval of punishment) regulation, 1985 for ready reference section 21 of the act and the regulations 4, 5, 6, 7 and 8 of the aforementioned regulations are being quoted below :u.p. ..... a bare perusal of the provisions as contained under section 21 of the act would go to show that management has the authority to impose punishment, but the said punishment is of no consequence till it is approved by the .....

Kailash NaraIn Agnihotri Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(1)ESC31; (2005)1UPLBEC283

..... effect of the repealing of an earlier act made by a temporary act, the intention of the temporary act in repealing the earlier act will have to be considered and no general or inflexible rule in that behalf can be laid down.'26. ..... thus, from the above, an inference can be drawn that the rights accrued under a temporary act do not survive if the statute is repealed, unless the repealing act provides for it. ..... been held as under:-'there is a difference between temporary statues and statutes which are repealed: the later (except so far as they relate to transactions already completed under them) become as if they had never existed; but with respect to the former, the extent of the restrictions imposed, and the duration of the provisions, are matters of construction................it is by no means a consequence of an act expiring, that rights acquired under it should likewise expire.....................therefore, even as regards the .....