Court : Allahabad
Reported in : AIR2006All187
..... 26/27 of arms act, nandganj, ghazipur and case no. 24 of 1999 under section 147/148/149/504 ipc are pending. he, however, stated that these were wrongly instituted against him. he ..... in case crime no. 144 of 1997 under section 302/307/507/506 ipc at p.s. chetganj, varanasi and section 7 of criminal law amendment act, case no. 85 of 1995 under section 147/341/323/504 ipc bhadoni, varanasi and crime no. 163/1998 under section 364 ipc suriyama badhohi.20. he admitted that case no. 82 of 1999 under section ..... 147/148/149/307 ipc and under section 7 criminal law amendment act, case crime no. 83 of 1999 and .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... . the apex court in st. xavier's case (supra) had occasion to consider section 33a(1)(b) of gujarat university act, 1949 as amended by gujarat university amendment act, 1972. the said provision provided for constitution of selection committee for recruitment of principal and members of the teaching staff. section 33a ..... request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the indian arbitration act, 1899, and all the provisions of that act,' with the exception of section 2 these of, shall apply accordingly.143. an almost similar provision came for consideration ..... for compensatory purposes), orissa v. gopal chandra rath : air1996sc3063 (definition of selection committee change), p. kannadasan : air1996sc2560 (parliament intervenes in mines matter to cure competence), indian aluminium : [1996]2scr23 (basis of tax changed), lt. col. savai bhawani singh : [1996]2scr145 (legal incompetence cured), mahe beach trading company : (1996)3scc741 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC771
..... the main emphasis of the arguments of petitioner is that after the insertion and enforcement of part ix of the ution of india by virtue of the seventy third amendment act of 1992, these institutions became self government.7. the argument advanced by shri s.p. gupta, learned senior counsel the petitioner is that the institutions such as ..... suit pending in any civil court immediately before the said date in respect of any such question or dispute shall abate.21. in the constitutional scheme of the indian democracy, governed by the rule of law stands in a hierarchy. the hierarchal structure of the legal order of the state is that the constitution is at the ..... university press v. c./.t. (supra) the question that came up before the apex court was that section 10(22) of the university grants commission act, 1956 was applicable to indian university alone or also to the other educational institutions meant solely for educational purpose and not for the purpose to make profit. the definition of the .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2225
..... order dated 1st july in that year startup with the ordiw, in order to give corporeal shape to decentralisation of power as contained in the 73rd amendment of the constitution and the uttar pradesh. government with the objective of strengthening the three tier panthayat raj system for ensuring public participation....67. then folled ..... decision-maker that it will not be withdrawn without giving him first an opportunity of advancing reasons for contending that it should not be withdrawn.21. the indian scenario in the field of 'legitimate expectation' is not different.94. the submission was that the doctrine of legitimate expectation gives rights, both substantive and ..... this rjection.9. in the state of uttar pradesh, the uttar, pradesh panchayat raj act, 1947 was given an amendment in the wake of the constitutional development in the year 1994, and particularly section 15 of the said act, as amended, was the result of this procedure.10. several areas were delineated as possible areas of .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1820
..... constitution of india and a particular group of persons cannot be treated with different standard or norms. the leaned counsel urged that under section 63 of the indian contract act it is not necessary that the remission should be supported by consideration and the government having granted remission to the extent of 20% on conversion charges, the ..... and have examined the record in minute details.7. the learned counsel for the petitioner argued that the earlier government order dated 2.12.1992 having been amended and modified by subsequent government order dated 3.10.1994, the petitioner was entitled to remission and rebate admissible under the later government order dated 3.10. ..... (annexures-vi, via and vib to the writ petition). the state government vide government order dated 3.10.1994 (annexure-vii to the writ petition) again amended and modified the earlier government-order dated 2.12.1992 and announced the rebate of 20% for conversion in case the amount was deposited in lump sum within .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All259; 2006(3)AWC2823
..... the modification is not separately shown but is included in the quotation itself.64. from the above discussions and looking into the provisions of u.p. act no. 14 of 1962 as amended by amendment act of 1981 and chapter viii, rule 5 of the rules of the court, 1952, special appeal is excluded from a judgment of one judge of ..... to choose their arbitrator and the exclusion of the court's jurisdiction made by such contract or agreement of arbitration is not contrary to the provisions of the indian contract act and arbitration agreements are valid. once the chosen arbitrator or the arbitrator appointed by the court passes an award that will, after usual notice to the other side ..... is really the technical name for an arbitration decree, which used to be passed under the old arbitration act, 1940, was itself subject to appeal.30. as is well known the arbitrator's code is a specialised code in the body of indian law. before 1996, and even now to a large extent thereafter the code is basically this.31 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2412
..... exercise any power or perform any duty or function of the kshettra panchayat under this act and ' kshettra panchayat' shall mean a kshettra panchayat established under this act as it stood before its amendment by the uttar pradesh panchayat laws (amendment) act, 1994, section 5(1) of the adhiniyam 1961 relates to the constitution and incorporation of kshettra ..... . reliance in this regard may be placed on the decision in b.c. mohendra v. municipal board, sahranpur : [1969]2scr794 . section 10 of the indian contract act provides that all agreements are contracts if they are made by free consent of the parties competent to contract, for a lawful consideration and with a lawful object ..... ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency. the learned counsel in support of his contention relied upon the decisions in indian administrative services association u.p. and ors. v. union of india and ors. 1993 supp.(1) scc 730, state of kerala and anr. v. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3893
..... also failed to point out whether he has ever approached all india bar council, state bar council and has ever tried to convince them that their exist necessity to amend the advocates act or to change the rules framed by all india bar council. thus, the petition is devoid of any merit and is not maintainable. no relief as prayed can ..... was considered expedient to implement them. with this ends in view, all india bar committee was set up in the year 1953. it was considered that the provision of indian high courts act, 1861, could not have the pace with the time. government of india felt the necessity for going to a legislation. in this back ground, advocates ..... , are comprehensive and accordingly there is no necessity for issuing any direction for introducing any rule or to suggest the authority concerned to amend section 33 of the advocates act.26. at this juncture, we may further add that the erring judges are also not immune from action and every judge is answerable to his conscious. at the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2006All227
..... sawmills rules, being rule 7, is also held to be contrary to the letter and spirit of the indian forest act and the orders of this court and is, accordingly, set aside.38. the apex court having struck down the amendments relating to exemption of saw-mills using mechanical device with the use of power upto hp from obtaining the ..... mechanical device whose engine power is upto 3 hp'. the first proviso added to rule 5 by the amendment provided that in case the application for grant of licence is not disposed of within 60 days ..... regulations of saw mills (iind amendment) rules 1998. the definition of saw-mill as contained under rule 2 was changed to mean and include any mechanical device whether operating with electric power, fuel power or man power for the purpose of cutting, sawing or converting timber and wood into pieces or the like acts but shall not include such .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2287
..... 09.1943, the mutation took place on 23rd september, 1943 (annexure ca-3) wherein, in order to give effect to the sale deed dated 01.09.1943, amendments were made in the general land register (g.l.r.) and the extract of the said entries read as under:-name of cantonment: allahabad (new), survey no. ..... 214_______________________________________________________________________________ 1. details and date of sold to mrs. mohini devi kapoor wife of mr.mutation and initials of deo. n.c. kapoor of the indian state railway servise, at present on the e.i. rly assuperintendent cawnpore area for rs. 22,000/- vide sale deed executed on 7.9.1943 and regd. ..... dispelled or rebutted, the court can treat the presumption as tantamount to proof. this presumption is based on legal maxim 'omnia praesumuntur rite esse acta' i.e. all acts are presumed to have rightly and regularly done (vide narayan govind govate v. state of maharastra and ors. : [1977]1scr763 ; karewwa and ors. v. hussensab khansaheb .....
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