Court : Allahabad
Decided on : Dec-17-1998
Reported in : 1998(4)AWC665
..... and the powers of the court in respect thereof are all circumscribed by the act. the indian limitation act of 1963 is an act to consolidate and amend the law of limitation of suits and other proceedings and for purposes connected therewith. the . provisions of this act will apply to all civil proceedings and some special criminal proceedings which can be ..... does not admit of the introduction of the principles or the provisions of law contained in the indian limitation act.'in view of above decisions, there can be no escape from the finding that the court below has allowed the amendment application on 2.2.1998 to incorporate the relief as contemplated in clause (b) of rule ..... which rule 50 of the u. p. town areas act (2 of 1914) came to be interpreted which specified a period of 30 days for filing the election petition. it was held that amendment of the petition adding new grounds cannot be sought beyond such period. hence, amendment of an election petition by addition of further instances of .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-1998
Reported in : 1999CriLJ2388
..... we have no hesitation in saying that were a state affirmatively to sanction such police incursion into privacy it would run counter to the guarantee of the fourteenth amendment.murphy, j. considered that such invasion was against 'the very essence of a scheme of ordered liberty.it is true that in the decision of the u ..... sri sudhir mehrotra, learned addl. government advocate, on the other hand, contended that since the petitioners were convicted of an offence of dacoity under section 395, ipc and it is not their case that they have been acquitted, there was necessity to keep surveillance on them and the members of their family and accordingly this ..... a right of an individual to be free from restrictions or encroachments are directly imposed or indirectly brought about by calculated measures. if so understood, all the acts of surveillance under regulation 236 infringe the fundamental right of the petitioner under article 21 of the constitution. 16. article 21 of the constitution has, therefore, .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-08-1998
Reported in : (1999)1UPLBEC233
..... termination of service. thus this condition contemplates a completely different disciplinary action other than contemplated in regulation 521. he next contends that the question as to whether amended regulation could be attracted in the case of the petitioner, is concluded by the judgment in case of general manager (operations) stage bank of india and ..... official administrative system. the petitioner having never disputed that there was no circulation of the said circular, the petitioner's individual ignorance is immaterial. when amendment was brought in the rules so long it stands and is not struck down or replaced, it is as much binding on every individual employee of ..... postulates a consideration by the bank, such consideration is a consideration by an employer with regard to its business being performed through its employees. whether an act will affect the bank's work or not is a question absolutely within the discretion of the employer to be taken into consideration, which is subjective .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-02-1998
Reported in : 1999(2)AWC1314
..... also be fully and truly given in the instrument in addition to the market value of the property in compliance with sub-section (2) of section 27 of the indian stamp act as amended in its application to uttar pradesh. (1) in case of land : (a) included in the holding of a tenure holder, as defined in the law relating ..... valid being within the legislative competence. thus, the case as set out by the petitioner that rules 340a and 341 arc violative of section 47a of the indian stamp act as amended by the state of u. p., and ultravires, has no force. it is also neither arbitrary nor unconstitutional in any manner, and, therefore, average price of the land ..... the apex court rendered in himalaya ltd. v. chief controlling revenue, air 1972 sc 899, wherein akin to the facts of the instant case, i.e., introducing amendments in the stamp act were made by various other states and considering relevant provisions of the constitution, 246. schedule vii, list iii, entry 44 and list 2. entry 63 and the .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-30-1998
Reported in : 1998(4)AWC730
..... of posting at least 21 days before the date of the meeting and that if the objects of the board are required to be amended the procedure laid down in the act (societies registration act. i860) shall be followed.22. article 28. which is styled as 'miscellaneous' contains the following relevant provisions in clauses [2). ..... the rules reads as under :'these rules and regulations which replace the constitution of the india literacy board (as passed on february 13, 1966, as amended from time to time) were adopted by the india literacy board at its special meeting held at literacy house, lucknow oh august 14. 1976.'the board ..... stated. there are 16 members of the board including sri bhagwan sahai, formerly governor of kerala and j. & k.. as chairman, prof. girijapati mukharji, formerly director indian institute of public administration. indraprastha estate. new delhi, as senior vice-chairman, dr. t. a. koshy, project director, non-formal education project. council for social development .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-30-1998
Reported in : [1999(81)FLR288]; (1999)IIILLJ1362All; (1999)1UPLBEC742
..... the principles of natural justice without affording any opportunity.7. it appears that an inconsistent pleading has been sought to be made out through the supplementary affidavit without amending the writ petition. mr. ashok bhushan submitted that alternate pleading is permitted. therefore, supplementary affidavit may be treated as alternative pleadings. but such a submission appears ..... a full bench decision as back as in 1951 when horizon of the writ jurisdiction was not extended to the extent now it has been. in the case of indian sugar mills association v. secretary to government, u.p. labour department, andothers, air 1951 alld. 1 (fb) it was observed that 'this court is being ..... and their apex society, the u.p. co-operative sugar factories federation limited were excluded by way of amendment made in pursuance of the provisions of sub-section (1) of section 122 of the u.p. co-operative societies act, 1965 read with rule 389-a of the u.p. co-operative societies rules, 1968 and section .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-26-1998
Reported in : (1999)1UPLBEC490
..... be such reasonable price as may be ascertained in the manner prescribed.'9. it may be stated here that the explanation in section 17(iii) was added by amendment by u.p. act no. 12 of 1987 w.e.f. 31-3-1987. since then disputes relating to levy and collection of market fee has engaged the attention of this court ..... to the depots of the plaintiffs is only a stock transfer and it is not a sale as defined in section 4 of the sale of goods act or section 77 of the indian contract act. he has further held that the plaintiff does not realise any market fee from anybody at the time of such transfer of stock. on these facts ..... different judgments, the state government and the appellants have not made any provision regarding assessment of market fee and for determination of any dispute raised in that connection in the act or the rules. in such compelling circumstances the respondent had to option but to file the suit seeking a decree for permanent injunction against arbitrary and unjustified demand of .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-1998
Reported in : 1998(4)AWC10; (1999)1UPLBEC697
..... writ petitions against orders of board of revenue and director of consolidation were abolished. by u. p. high court (abolition of letters patent appeals) amendment act, 1975. i.e., [u. p. act no- 31 of 1975), special appeal was abolished against orders of learned single judge passed in writ petitions arising out of judgment, order or award ..... place of employment, or holds out any promise of individual advantage or profit to any person ; (iii) abates (within the meaning of the indian penal code) the doing of any of the acts specified in clauses (i) and (ii) ; (iv) induces or attempts to induce a candidate or elector to believe that he, or any ..... under :'in exercise of the powers under the explanation to section 25 of the societies registration act, 1860 (act no. 21 of 1860), as amended in its application to uttar pradesh by the societies registration (uttar pradesh amendment) act, 1975 (u. p. act no. 52 of 1975), the governor is pleased to authorise the sub-divisional magistrates within their .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-24-1998
Reported in : AIR1999All109
..... any will. (f) chapter xxx rule 6 of the allahabad high court rules permitted an application for letters of administration when there is a will made under the indian succession act. in the absence of any will by the society, which is an impossibility under the law, there could not have been any application for letters of administration. ( ..... cpc is to give the government of the public servant concerned an opportunity to reconsider its or his legal position and if that course is justified to make amends or settle the claim out of court. the section is imperative and must be strictly construed. failure to serve a notice complying with the requirements of the statute ..... permission from the court and the suit was contested by the defendants, who had filed written statement. the suit had been pending at the evidence stage when the application for amendment, as no. a-28, was filed by only two of the plaintiffs no. 1 and 3. they desired that ram chandra mission, deewan jograj, shahjahanpur, through .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-17-1998
Reported in : 1999(2)AWC943; (1999)IILLJ1093All; (1999)1UPLBEC27
..... the bank with immediate effect in terms of regulation no. 10 (2) (a) of prathma bank (staff) service regulations, 1980, read with prathma bank (staff) service amendment regulations, 1982. a cheque no. m/16 no. 411917 for rs. 3,798 (rupees three thousand seven hundred ninty eight only) being the salary of three months in ..... was necessary to be made as the process of confirmation was not automatic and even if the two year period as provided in rule 3 (1) of the indian police service (probation) rules. 1954 had expired, confirmation would not ipso facto follow. while the probation rules prescribed an initial period of two years of probation, ..... indefinitely and thereby overreach the statutory limitation on extension of probationary period. in my opinion, therefore, the clause aforestated is hit by section 29 of the contract act besides being liable to be ignored as an addition of meaningless surplusage in the service contract.30. the expression 'shall be confirmed' used in regulation 9 suggests .....
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