Court : Allahabad
Reported in : 2006(1)AWC364
..... 28.8.2004, on 31st july, 2004 relevant clause ix of chapter xxxiv (e) of the ordinances (academic) for b.tech degree programme had been amended. after the amendment, a student could be given permission to temporarily withdraw for two semesters in the entire period of 7 years course, irrespective of whether such student had earned ..... , are both quashed. the academic council of the university is directed to take a fresh decision in the matter, after considering the case of the petitioner under the amended provisions of clause ix of chapter xxxiv (e) of ordinance (academic) for b.tech. degree programme. such decision may be taken by the academic council as expeditiously ..... under the unamended provisions of clause ix of the ordinance. it is not disputed that in case if the application of the petitioner was considered under the amended provisions of clause ix of the ordinance, then he would have been entitled to withdraw for two semesters in his entire tenure of fourteen consecutive semesters.6. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2712
..... -a, 33-b, 33-c and 33-d, every appointment of a teacher, shall on or after the date of the commencement of the uttar pradesh secondary education services commission (amendment) act, 1998 be made by the management only on the recommendation of the board:]provided that in respect of retrenched employees, the provisions of section 16-ee of the intermediate education ..... )(c) and regulations 55 to 62 cease to be operative from july 10, 1981. subsequent to the judgment of the apex court the provisions of section 16 of the 1982 act were amended by which a proviso to section 16 was added permitting appointment of teacher by transfer. section 16(1) of u.p. intermediate education .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1215
..... .4. briefly stated, the facts giving rise to the present petition are as follows:- according to the petitioner, it is a company incorporated under the provisions of the indian companies act, 1916. it has its registered office at 6th floor, kirti mahal, 19, rajendra place, new delhi. it is engaged in the manufacture of white crystal sugar by ..... (who has affirmed the affidavit filed in support of the amendment application) was informed of the dismissal of the objections vide order dated 24.10.2005, is false and incorrect as no such information was ever given. to substantiate ..... order or direction in the nature of writ of certiorari quashing the order dated 24.10.2005 (annexure -10 to the writ petition). 8. in the application for amendment it has been stated by the petitioner that the recital in the letter dated 25.11.2005 to the effect that the petitioner's executive (legal), sri lokesh kumar .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1207
..... adding 11 grounds as substantial question of law to be decided in this second appeal. sri r. s. misra, learned counsel for the respondents has objected to the amendment at this stage. the application was allowed. however, only following grounds are found to be substantial questions of law arising from the pleadings and evidence of the case to ..... the defendants have invested rs. 10,000 with bona fide intention for improvement of haveli and are entitled to the amount under section 51 of the transfer of property act.8. the trial court framed the question of limitations as preliminary issue and decided this issue no. 6 in favour of the plaintiff. the high court allowed revision ..... .2. whether in absence of claiming relief for cancellation of sale deed and the consequential refund of sale amount under sections 31 and 33 of the specific reliefs act. the registered sale deed could be declared to be void on the ground that there was no legal necessity to execute the sale deed of the property which .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)5VST197(All)
..... exceed (two percent) of the sale or purchase priced thereof, and such tax shall not be levied at more than one stage; (b)... it may be mentioned that by amending act 13 of 1966, 3 per cent. was substituted of 2 per cent. with effect from july 1, 1966. it is not disputed that if petroleum coke is covered by clause ..... xx xx xx (1-a) coal including coke in all its forms, but excluding charcoal: xx xx xx4. this sub-clause came up for interpretation before the supreme court in indian carbon ltd. v. superintendent of taxes, 28 s.t.c. 603. the entry was held to be very wide. the view taken by the high court that it must be ..... kinds including its chassis but excluding tractors.7. natural gas.8. nylon yarn, poleyster yarn and poleyster staple fiber.9. refrigerator, air conditioner, over, washing machine and television.10. indian made foreign liquor.11. sugar12. textiles of all kinds valuing more than rupees fifty per metre.13. tobacco in the form of cigarette.14. paper of all kind excluding newsprint .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC654
..... other. the case of bishambharnarh and ors. v. kunwar sri prakash singh and anr. air 1941 oudh 405, deals with section 4 of the suits valuation act, 1887 as amended by u.p. act 7 of 1939 and is in regard to the valuation for the purpose of jurisdiction. in this case reliance has been placed on krishna v. roman, ..... division) allahabad, which has limited pecuniary jurisdiction cannot try the present suit. the order passed by the trial court being merely an interlocutory order directing the plaintiff to amend the valuation of the suit is not revisable by the learned district judge under section 115 of the code of civil procedure and thus he had no jurisdiction to ..... and anr. 1969 alj 248, which is in respect with the right of the plaintiff to act as a principal in the college attracting section 4 of the suits valuation act, 1887 (as amended in u. p.) and section 7(iv-b) of the court fees act, 1870 wherein their lordship noticed that there was certain indeterminacy in the words 'involved' and .....
Tag this Judgment!Court : Allahabad
Reported in : [2006(109)FLR877]; (2006)IIILLJ276All
..... (b) provided that for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law the provisions of the indian limitation act, 1908, other than those contained in sections 4, 9 to 13 and. 22, shall not apply and, therefore, the applicability of section 5 was in clear and specific ..... ]1scr679 where he said at p. 689. that is however a matter which can be set right only by the legislature. it is worthy of note that although the act has been amended on several occasions, a provision like section 86(1) as it now stands has always been on the statute book but whereas in the ..... . since the above decision in venkateswara rao's case, : [1969]1scr679 in august 1968, though parliament has made certain amendments in section 8 of the act in 1969, it has not considered it necessary till now to amend the act to confer, on persons challenging an election, benefits similar to those available to them under the proviso to the repealed section .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)10VST23(All)
..... them as a green vegetables and fresh fruits. thus, merely because they are tinned they do not ceases to be fresh fruits and green vegetables. the subsequent amendment of the entry by the notification no. 595 dated 06.4.1999 excluding processed and branded fresh fruits sold in a sealed tinned container from the entry ..... gitti did not amount to 'manufacture'. it is this view of the high court that is assailed in this appeal by the revenue.section 2 (17) of the act defines the term 'manufacture' and it reads thus:manufacture with all the grammatical variations and cognate expressions means producing, making, extracting, alternating, ornamenting, finishing or otherwise ..... industries corporation process of repacking of grease in small container has been held not amounting to manufacture within the definition of section 2 (e-1) of the act. this court held that in the process of packing of grease the commodity has not been subjected to any manual, mechanical, chemical, electrical or any other like .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All92; 2006(2)AWC1503
..... contended that the words 'including forest produce'( underlined by us) did not find place in the original section 29 of the act and these words and the proviso to this section were added vide that wild life protection amendment act 2002. he contended that when the lease was granted in the petitioner's favour the words ' forest produce' did not ..... find place in the above section and so the proviso, which was also added vide above amendment, shall not be applicable to the case of the petitioner, ..... lease dated 12.3.2003.2. the facts relevant for disposal of this writ petition are that in the year 1963-64 a notification under section 4 of the indian forest act, 1927 was issued by the state government constituting plot no. 1 total area 2626.81 hectare of village kanach and plot no. 366 total area 1828.79 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All115
..... the learned counsel for the petitioner (defendant), and i find myself unable to accept the same.124. a perusal of section 106 of the transfer of property act with the u.p. amendment made therein, inter-alia, shows that a lease of immovable property for any purpose other than for agricultural or manufacturing purposes will be deemed to be a ..... to one of his family or servants, at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property. state amendment uttar pradesh.(1) the words expiring with the end of a year of the tenancy and 'expiring with the end of a month of the tenancy, shall be omitted.( ..... , duly given by one party to the other.39. section 106 of the transfer of property act deals with the notice contemplated under clause (h) of section 111 of the transfer of property act. section 106 of the transfer of property act as amended in uttar pradesh provides as follows:106. duration of certain leases in absence of written contract or .....
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