Court : Allahabad
Reported in : [2006(111)FLR237]
..... in this section, on the commencement of general insurance business (nationlasation) amendment act, 2002 shall be performed by central government. section 21(2) authorises central government to appoint custodian for management of indian insurance companies. section 22 authorises central government to transfer employees and as ..... under promotion policy for supervisory, clerical and subordinate staff was introduced vide head office circular dated 08.12.2000 preceded by amendments subject to promotion policy approved by the board of gic dated 24.11.2000. it has also been contended that oriental ..... per section 23, the corporation and every acquiring company, in discharge of their functions are to be guided by such directions in regard to matters of policy involving public interest. all these provisions speak of deep pervasive control of the central government.22. after enforcement of 1995 act .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC4205
..... 'guaranteed' or 'assured' is without any force and absolutely untenable. 12. it necessarily follows that with the introduction of the aforesaid articles 291 and 362 vide 26th amendment act of 1971 the agreement of 26,12,1949 became a dead letter as a whole and no part of it including clause 7(2) remained enforceable. shri v.k ..... the suit proceedings to the defendant (respondent no. 2 and 3) instead of filing any written statement the defendants filed application under section 34 of the indian arbitration act with reference to clause 2 of article 7 of the agreement executed between the governor general of india and ex-ruler of the state of madhya pradesh, ..... of treaty, agreement, covenant, engagement, sanad or other similar instrument which was entered into or executed before the commencement of this constitution by any ruler or an indian state and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3975
..... the subsequent election held by the petitioner become illegal and the entire action taken by the committee of management of the petitioner will become null and void including amendment made in the bye-laws. in support of his contention he relied upon the decision in the case of shri arya mahila hitkarini maha parishad, lahurabir, ..... chit, faizabad division, faizabad has held sri nagendra kumar pathak to prosecute the proceeding for the renewal of the certificate of registration under section 3a of the act. such order was challenged on the ground that the assistant registrar had no jurisdiction to decide such issue and the matter ought to have been referred to ..... which has been approved by the assistant registrar and has not been challenged, the present writ petition has become infructuous ;* that under section 4 of the act, assistant registrar has no jurisdiction to decide the dispute relating to the committee of management. in case of any dispute relating to the committee of management, .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)5VST284(All)
..... counsel for the petitioner and sri harsh-vardhan and sri rakesh bajpai for the respondents.2. the petitioner, a private limited company incorporated under the indian companies act, 1956 having its registered office at new delhi and factory at noida, established a new unit in pursuance of the scheme of exemption notified by ..... of additional commissioner (legal) v. jyoti traders reported in : air1999sc526 , the apex court upheld the said amendment. thus the judgment of chopra diesel stands overruled. the admitted position, therefore, is that on relevant date, the limitation period of 4 years was prescribed under section ..... [writ petition no. 1156 of 1992(m/b) decided on february 22, 1993-allahabad high court], wherein a division bench of this court declared that such amendment could not have effect with retrospective date, vide orders dated february 22, 1993. however, in a subsequent judgment pronounced by the apex court in the case .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC186
..... sunil ambwani, j.1. the second appeal was admitted on 1.5.1975 before the enforcement of cpc (amendment) act, 1976, section 35 (w.e.f. 1.2.1977).2. during the pendency of the appeal smt ..... two types, namely 'revenue free grant' or 'rent free grant'. it was initially pleaded that it was rent free grant. subsequently by amendment it was pleaded that it was revenue free grant. the defendant, however, did not lead any evidence to support the assertion.(d) ..... clause 7, that no order passed or action taken by the ruler before the date of making offer the administration of the indian government would be questioned unless the order was passed or action taken after 1.4.1948 was considered by the government of india ..... court considered the rights over properties created prior to integration of the former indian states with the union and the necessity of their recognition by new sovereign. in this case the ruler of the former indian state of sant ram pur (also called sant state), which ceded the territory .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC282; [2007(112)FLR17]
..... the applicants of the freedom fighter category in comparison with the general category, has been done away with, and the earlier resolution dated 6.8.2003 stands amended and replaced by the resolution passed in the meeting of the commission held on 12.5.2005. thus, the said objection raised in the counter-affidavit no ..... article 226 of the constitution. once it has come to the knowledge of the court that the respondents have failed to follow the statutory provisions or have acted in violation of statutory provisions, this court in its extraordinary jurisdiction can always issue a writ commanding the respondents to apply the provisions correctly. article 226 of ..... of the respondents is, therefore, rejected.20. the action of the respondents in calculating the quota of the dependants of freedom fighters being contrary to the act, is liable to be set aside and the respondents are directed to correctly apply the quota for the dependants of freedom fighters afresh in the light of observations .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC217
..... the facts of the case, plea of the deposit of rent under section 20 (4) and section 30 (1) of the u.p. act no. 13 of 1972 and factum of filing of amendment application to amend the plaint. they have stated as follows, which is cnix of the objections:8. that from the above facts, it is apparent that the ..... to part with huge money being deposited in the suit and to in cur heavy expenses in putting up the written statement and contesting the suit and the said frivolous amendment application. all these conducts of the plaintiff is definitely mala fide and mischievous. defects having occurred due to plaintiffs own fault, it cannot be permitted to vex and harass ..... tenants having deposited a sum of rs. 45,000 in the present suit under section 20 (4) of the aforesaid act, the suit for eviction is liable to be dismissed.3. in the suit two applications-- one for amendment of the plaint and another for permission to withdraw the suit with permission to file fresh suit were filed by the plaintiff .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(1)AWC199
..... month to month in view of the provisions of section 106 of the transfer of property act could validly be terminated by a notice of 30 days on either side in view of amended section 106 of the t.p. act amended in the sense of amendment made therein by the state of uttar pradesh.13. learned counsel for the tenant bank could ..... of right to enjoy the immovable property not only acquires an umbrella to protect his possession and user of immovable property under section 53a of the transfer of property act but he further acquires the status of a fixed term tenant or tenant with the term of more than a year. these are simply the authorities for proposition ..... the date of construction. however, it dismissed the suit on the findings that the defendant tenant is entitled to protect its possession under section 53a of transfer of property act as the lease deed was unregistered. consequently the suit was premature as it was filed before expiry of the leased period. on the question of waiver of notice the .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)20VST960(All)
..... submitted that section 9 of the central sales tax act, 1956 has been amended by the finance act, 2000 with retrospective effect and in view of the amendment, the interest can be demanded under the central sales tax act. he submitted that the amendment made under the central sales tax act by the finance act, 2000 with retrospective effect has been upheld by the ..... arise from the order of the tribunal. no such plea was raised before the tribunal. under the aforesaid provision interest can be charged under the central sales tax act, 1956.9. so far as question of liability of interest is concerned, the issue is covered by the decision of this court in the case of kajaria ceramics ..... are that the applicant established a new unit in the year 1988 for the manufacturing of bone meal, etc. the eligibility certificate was issued under section 4a of the act for the period of six years from january 5, 1985. the period of six years expired on january 4, 1991. therefore with effect from january 5, 1991 .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3603
..... incorporating 'banjara', 'ranki', 'mukeri' and 'mukerani' in the schedule-l of the amended act. the act is known as uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) (amendment) act, 2002. u.p. panchayat raj act, 1947, as amended upto date, borrowed the meaning of 'backward class' from the aforesaid act. the writ petition was filed on 13th february, 2001 prior to the ..... , 'a merchant', karaka, 'doing'. the tribes of wandering grain-carriers in india, which at the census of 1901 numbered 765,861, most numerous in hyderabad, but found in all the indian provinces. as a result of their wandering habits, which have now much decreased since the carrying trade has fallen into the hands of railway authorities, they are a very mixed .....
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