Court : Allahabad
Decided on : Jan-06-2009
Reported in : 2009(1)AWC769
..... the legislative power of the state pertaining to education is dealt with in entry 25, list iii of the vii schedule of the constitution. after constitution's forty-second amendment act, 1976, entry 25 of list iii is to the following effect:25. [education, including technical education, medical education and universities, subject to the provisions of entries 63 ..... petitioner nos. 1, 2 and 3 ;(ii) issue a writ order or direction in the nature of mandamus declaring the government order dated 10.7.2007 amended upto date ultra vires to the provisions of the constitution being hit by articles 14 and 16 of the constitution of india to the extent that it make ..... to government higher education department and anr. : [2000]2scr1234 , was a case where the apex court considered the provisions of the all indian council for technical education act, 1987, which was also an act enacted by parliament under entry 66 of list i. the apex court in the said judgment laid down that state cannot have a policy .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2009
Reported in : (2009)IVLLJ120All
..... has been extended the benefit of industrial disputes act by adopting the provisions of the said act by reference under section 6(2) of the 1976 act. industrial disputes act, 1947 has been amended by amendment act (46 of 1982). by virtue of section 24 of amendment act, section 6(2) of 1976 act has been omitted but central government has not given ..... effect to said clause as per notification no. s.o.606 (e) dated august 21, 1984. as logical consequence, it will have to be held that section 6(2) of 1976 act ..... be dismissed on june 24, 2005. the aforesaid two orders have been challenged by the petitioners in writ petition no. 10794/2005 by means of amendment application.6. in the meantime the respondent no. 2 has yet again laid a claim before respondent no. 1 under section 15(2) and (3) of .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-15-2009
Reported in : 2009(2)AWC1072
..... co-sharer is alleged to be relinquished or extinguished from the property in question by virtue of the family settlement then it was compulsorily registrable under the indian registration act and its nonregistration would be fatal for the plaintiff, who could not place reliance upon the same as a document of extinguishment or relinquishment of right of ..... (supra), and states that even in the present case there was no denial of the family settlement dated 15.5.1952, which was pleaded by the plaintiff by amending his plaint and therefore, the factum of partition/extinguishment of right of late sri vishwa nath tiwari and his widow defendant no. 1 smt. lalita devi was duly ..... regarding legality or binding nature of the family settlement dated 15.5.1952. therefore, when the document dated 15.5.1952 was brought on record after an amendment in the plaint and was made subject-matter of judicial scrutiny it required to be proved to establish that a partition had been effected. while deciding the issue .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-20-2009
Reported in : 2009(2)AWC1640
..... it has been stated that smt. gyanwati, the president of mahila kalyan nigam, sister of ajit singh, m. p. and national president of indian lok dal, new delhi wrote a letter to the consolidation commissioner to cancel the notification. the existence of the said letter has not been disputed in ..... 57395 of 2008 relates to the village kuchesar, pargana and tehsil siyana, district bulandshahr which was notified for consolidation proceedings under section- 4 of the act. the consolidation commissioner by the order dated 25th july, 2008 impugned in the present writ petition has dismissed the representation of the petitioners to keep ..... act dated 21st of september, 1995 has been withdrawn.9. in the writ petition, besides impleading the state of u.p., the consolidation commissioner and collector, aligarh, the petitioners have impleaded dr. smt. gyanwati, president, mahila kalyan nigam, aligarh and shri ajit singh son of late chaudhari charan singh, member of parliament and national president of indian .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-23-2009
Reported in : AIR2009All93; 2009(2)AWC1336
..... and anr. v. state of maharashtra : air2004sc326 , it was held that a scheme of arrangement was subject to the stamp act. this case is however distinguishable in view of the amended provisions of indian stamp act applicable to maharashtra state.25. now if a business of a going concern transferred under an arrangement scheme is 'property', the ..... a scheme of arrangement, it cannot be said that the scheme of arrangement is an instrument relating to several distinct matters.21. section 24 of the indian stamp act reads as follows:24. however transfer in consideration of debt, or subject to future payment, etc., to be charged.-where any property is transferred to ..... question is whether it can be classified as immovable or movable property. immovable property has been defined in section 3(26) of the general clauses act, 1897 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-23-2009
Reported in : 2009CriLJ2619
..... taken place on 21-9-2007. the said first information report was registered as case crime no. 1624 of 2007, under section 302/34 of the indian panel code and section 7 of the criminal law amendment act, at police station cantt., district gorakhpur against the following persons: 1. sajan lal alias navin jaiswal. 2. anil mishra. 3. rajiv alias pappu mishra (petitioner ..... , ram dhyan, rajesh, deba and smt. heera dei) were involved in case grime no. 203 of 2001, under sections 147, 302 and 120b of the indian penal code but the detention order under the n.s. act was passed only against 4 accused persons (rajesh, ram nayan, khoob lal and deba). the detention order was challenged by the detenus, inter alia, on .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-06-2009
Reported in : 2009(3)AWC2130
..... police report was based on the basis of case crime no. 85 of 2005 under sections 147/148/149/307/504/506, i.p.c. and section 7, criminal law amendment act. now the petitioner has been acquitted by the order of additional sessions judge, fast track court no. 1, fatehpur dated 30.11.2007 therefore, the cause of action to ..... .i.r. which was registered as case crime no. 85 of 2005 under section 147/148/149/307/504/506, i.p.c. and section 7 of criminal law amendment act.3. the petitioner has submitted his reply to the show cause notice before the district magistrate, banda stating therein that he was not at all involved in the said incident ..... the fire arm licence of petitioner and passed the impugned dated 30.1.2006.4. aggrieved from that order the petitioner has filed an appeal under section 18 of the indian arms act. the appeal was barred by time. the divisional commissioner, banda has found that no sufficient reason has been given in the application for condonation of delay for condoning .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-27-2009
Reported in : 2009(2)AWC2050
..... 20,000 per day) more and more tourist guides are required. the prayers of the the writ petition as amended are to the following effect:(a) to issue writ, order or direction in the nature of mandamus directing the ..... ahmad v. state of u.p. : [1955]1scr707 and j.k. industries ltd. v. chief inspector of factories and boilers : (1997)illj722sc . the main purpose of restricting the exercise of the right is to strike a balance between individual freedom ..... regional level guide regional director, indiatourism office, director tourism of the state or his representative and representatives from indian association of tour operators and travel agents association of india are members and in the committee of state level ..... submissions, being interrelated, are being considered together. the parliament has enacted the ancient monuments and archaeological sites and remains act, 1958 to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-02-2009
Reported in : 2009(3)AWC2205
..... the competent authority on 4.2.2000, and communicated to the persons concerned, the same could not have been said to be bad on account of a subsequent amendment in the indian railway establishment manual by inserting para 102a pursuant to railway board circular dated 8.2.2000. the learned tribunal, in our view, has not erred by holding that ..... 1 was relieved on 28.11.2000. he submitted joining on 4.12.2000. it is said that vide circular dated 8.2.2000, the railway board in the meantime amended the indian railway establishment manual (in short 'i.r.e.m.') by inserting para 102a in chapter i section 'b' sub-section (1) which provides as under:102a : notwithstanding ..... post.(emphasis added)13. we also find that in para 4 of the railway board circular dated 8.2.2000, it was provided that the indian railway establishment manual vol. i, 1989 may also be amended accordingly as in the advance correction slip nos. 95 and 96. issuance of the aforesaid circular, therefore, in our view, by itself does .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-03-2009
Reported in : 2009(85)AWC1871
..... slip is being disposed of with the following directions:1. the high court is required to frame rules of conduct for advocates under section 34 of the advocates act by appropriately amending chapter xxiv of the rules of the court.2. the high court is directed to make provisions with regard to the misuse of illness slip by making ..... followed by the supreme court, should be adopted and followed in the high court also and, in this regard, submitted that the rules of the court should be appropriately amended. the learned counsel submitted that where an illness slip was being sent, it should be recorded in the order sheet, and upon continuous illness slip being sent, the ..... practise in a court of law. having acquired a right to practice, he incurs certain obligations in regard to his conduct as a member of the legal profession.19. in indian council of legal aid and advice etc. etc. v. bar council of india and anr. : [1995]1scr304 , the supreme court explained the duties which an advocate was .....
Tag this Judgment!