Court : Allahabad
Reported in : 2006(2)AWC1177
..... petitioner from gorakhpur university in the subject of m.a. in ancient history is not equivalent to the prescribed qualification of ancient indian history whereas the petitioner possesses minimum qualification as amended in the year 1976 i.e. m.a. in ancient history and was also trained. it is further submitted that there ..... examine the provisions relating to adhoc appointment of teachers in privately managed recognised institutions under the provisions of u.p. intermediate education act in context of the provisions of act 1982 as amended from time to time. in this regard it is necessary to point out a full bench of this court in radha raizada ..... the management may appoint by direct recruitment or promotion a teacher on purely adhoc basis from amongst the person possessing qualifications prescribed under the intermediate education act or the regulation made thereunder. however, this section 18 did not provide the procedure to be followed for appointment of adhoc teacher either by promotion .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1410
..... an application for substitution which was duly allowed by the order dated 12.1.1984. the appeal was kept pending and in the mean time an application for amendment seeking amendment in the pleadings which was necessary for just disposal of the case and the controversy involved between the parties, the respondent without considering the legal implications involved in ..... such subsequent event may be one purely of law or founded on facts. in the former case, the court may take judicial notice of the event and before acting thereon put the parties on notice of how the change in law is going to affect the rights and obligations of the parties and modify or mould the course ..... no adoption deed has been filed by the petitioner in the appeal. it appears that there was a notification under section 4 of the u.p. consolidation of holdings act and the appeal was abated. it has been submitted that the petitioner has been adopted son of smt. rukmani devi by a registered adoption deed, which has been .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(3)JCR537(All)]
..... or sub-section (4) or sub-section (5) to the candidate concerned.11. anr. provision worth noticing is that section 16 of the act which provided for ad hoc appointment was omitted by the amending act. after noticing the relevant statutory provisions, before we proceed to find out the legislative scheme as spelled out from the aforesaid provisions it is ..... of this court in allka rani gutpa (km.) v. director of education (higher) and anr. (supra) correctly interprets the provisions of sections 12 and 13 of the act as amended by u.p. act no. 2 of 1992. he further submits that the view taken in allka rani gutpa (km.) v. director of education (higher) and anr. (supra) find ..... the order of preference, if any indicated by the candidates intimate to the management the name of the candidate from the list. sections 12 and 13 of the act as amended in 1992 are extracted below :- 12. procedure for appointment of teachers,__(1) every appointment as a teacher of any college shall be made by the management .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1561
..... applicability of the laws governing junior high school once the institution is upgraded. it is for this reason that a special transitory amending provision was brought in by way of section 13-a in u.p. act no. 6 of 1979 discussed herein above to enable such upgraded institution to continue to receive the grant-in-aid that ..... case of smt. aruna ghosh reported in 1995 (3) esc 92. the aforesaid decisions consider the impact of the amendment brought about in the word institution in section 2(b) of the u.p. intermediate education act and qualified that the previous decisions as referred to therein including the decision in the case of pramila mishra by the ..... junior high school looses its identity when a high school comes into existence, still holds the field. no amendment has been brought about by the legislature in the u.p. intermediate education act, 1921 to exclude the applicability of the act on the employees of such an upgraded institution.18. it is in the aforesaid back ground that the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2452
..... vacancy. their case is not covered by uttar pradesh regularization of ad hoc appointments (on posts outside the purview of the public service commission) (third amendment) rules, 2001 and the collector has rightly rejected their representation for regularization as they did not fall in the category of ad hoc appointees and they ..... having been given by this court. the first paragraph as quoted above provides for consideration in accordance with provisions of u.p. collection amins service (fifth amendment) rules, 1992 and subsequent paragraph says about the submission of the petitioners and the last paragraph provides that it shall be open for the petitioners to ..... regularization in accordance with the provisions of the uttar pradesh regularization of ad hoc appointments (on pasts outside the purview of the public service commission) (third amendment) rules, 2001.6. the petitioners have challenged the aforesaid order as contained in annexure-1 to this writ petition.7. it is submitted by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1630
..... was later on transferred to the court of iv additional munsif, kanpur by district judge through order-dated 28.5.1970. after coming into force of u.p. civil laws amendment act of 1972, district judge transferred the suit to the court of additional jscc, kanpur who decreed the same on 7.11.1973. against the said judgment and decree civil ..... said order matter was remanded to the court of munsif city, kanpur. thereafter section 9 of u.p. civil laws amendment act 37 of 1972 was amended through u.p. act no. 28 of 1976 and the lacuna in the earlier act as pointed out by the authority of k.k.saxena was removed and it was provided that even the suits pending before ..... 1.1976, allowed the revision only on the ground of lack of jurisdiction on the part of additional jscc. u.p. civil laws amendment act 1972 came into force with effect from 20.9.1972. through the said act, it was provided that the suits for eviction of tenants pending immediately before the said date in a court where it was filed .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]145STC226(All)
..... clause (c-1), clause (d) or clause (e) of sub-section (1) as it existed immediately before the commencement of the uttar pradeshtrade tax (second amendment) act, 2000 and such declaration is in force on such commencement, such rate or point of tax shall continue to be in force after such commencement, until modified or rescinded ..... in geep flashlight industries ltd. v. union of india andors. 1985 (22) elt 3. where the goods are not marketable that principle of construction is not attracted. indian aluminium cables ltd. v. union of india and ors. : 1985(21)elt3(sc) . the question- whether thermometers, lactometers, syringes, eye-wash glasses and measuring glasses ..... in union carbide co. ltd. v. assistant collector of central excise and ors. 1978 elt 180, the description set forth in the publications of the indian standards institution was regarded as a piece of evidence only. there were other more tangible considerations which weighed withthe, court in reaching its conclusions.we are firmly .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1196
..... filed scc revision no. 77 of 1982. in the revision after judgment was reserved, tenant filed an application seeking amendment in his written statement to the effect that he was entitled to the benefit of section 39 of the act. amendment application was allowed on 5.10.1985. thereafter revision was dismissed on 18.1.1986 by i a.d.j, ..... main judgment after remand. the remand order dated 20.11.1980 was not appeasable as it was passed in a revision under section 25 of provincial small causes courts act. however landlord could file a writ petition against the said judgment.8. if the trial court or the first authority dismisses the proceedings finally holding the same to be ..... district judge, bulandshahr allowed the revision on 20.11.1980 and directed the trial court to decide the tenant's application in respect of applicability of section 39 of the act first and not after final hearing of the suit. 2. after remand the trial court/ jscc, bulandshahr decided the entire suit on 19.9.1981. trial court .....
Tag this Judgment!Court : Allahabad
Reported in : [2007]138CompCas955(All); (2006)5CompLJ102(All)
..... sick industrial company did not prohibit the company from disposing of its assets, unless there were specific orders passed under section 22a of the act. the act was subsequently amended in 1993 providing that further no suit for recovery of money and for enforcement of any security against the industrial company or any guarantee in ..... could have sold the properties, after advertisement in a fair and transparent manner for market value, and distributed the assets under the statutory provisions of the companies act 1956 and companies (court) rules 1959, after ascertaining its dues and liabilities, and could have paid the share holders of the value or more than ..... registered, on a recommendation made by board for industrial and financial reconstruction (bifr) under section 20(1) of the sick industrial companies (special provisions)'act 1985 (in short, the act) to wind up m/s j.k. satoh agricultural machines. ltd. (jksaml)-the company. the reference order is under challenge by the company in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All86
..... be converted into a suit under rule 39 of chapter xxx of the rules of the court. the preamble of the limitation act itself shows that it is an act consolidate and amende the law of limitation of suit and other proceedings and for purposes connected therewith'. since the contentious matter is converted into a ..... commissioner jalandhar division v. mohan krishan abrof : air2004sc2060 & b. manjunatha prabhu v. c.g. srinivas : air2005kant136 ; that there is no limitation prescribed in the indian succession act for filing of application for probate and for letters of administration on the basis of a will. the right to apply for probate accrues from day to day and ..... suit, the limitation act 1963 will apply with all force and thus there is absolutely no scope to escape from article 137 of the indian limitation act. the supreme .....
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