Court : Allahabad
Decided on : Jul-28-1998
Reported in : 1998(4)AWC282
..... paul v. state of u. p. and others. 1997 alj 1419, wherein the case of baikunth nath das was distinguished interpreting u. p. fundamental rule 56 (amendment) act, 1976, that no order of compulsory retirement can be passed on the basis of uncommunicated adverse entries. it relied upon the following provisions of clause (2) of ..... 366, wherein the supreme court relying upon the decision in baikunth nath das's case and considering the provisions of rule 2046 (h) (i) of the indian railway establishment code, held that the order of compulsory retirement can be passed relying upon uncommunicated adverse entries. 7. the decision of baikunth nath das was considered ..... that the representation is also taken into consideration along with the entry ; or (c) any report of the vigilance establishment constituted under the uttar pradesh vigilance establishment act. 1965. (2a) every such decision shall be deemed to have been taken in the public interest.'the court observed as under :'a perusal of clause (2) .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-21-1998
Reported in : 1998(4)AWC104
..... that age but before attaining the age of eighteen years. explanation.--this clause applies whether the marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976).' 11. the conditions laid down by the legislature is required to be proved by the persons who presents the petition for dissolution of ..... i throw tea from the cup whereas 1 am absolutely normal, taking classes of english in khalsa girls inter college. my anger is not sharp. i am an indian wife and do not want divorce. i want to live together.' 16. when she was cross-examined as to how many times in 5 years she had gone ..... marriage, and its grammatical variations and cognate expressions shall be construed accordingly. (***) (1a) either party to a marriage, whether solemnized before or after the commencement of this act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground : (i) that there has been no resumption of cohabitation .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-16-1998
Reported in : 1998(3)AWC1666; (1998)3UPLBEC1640
..... that the high court has retired the present petitioner compulsorily at the age of 58 years and has not given the benefit of extension in view of the amendments incorporated in u. p. judicial officers (retirement on superannuation) rules, 1992 raising the retirement age of judicial officers up to 60 years pursuant to apex court ..... the second case, i.e., ishwarchand jain case (supra) their lordships of supreme court has observed that high court should not readily form adverse opinions and act against judicial officers merely on the basis of unjustified resolutions passed by bar association or complaints made on trifling matters against them. high court must guide and protect ..... side nor it is desirable. the fact remains that the special judge (petitioner) acquitted the accused under sections 349/402. i.p.c. and 25 arms act. similarly, other judgments have also been criticised by the inspecting judge. sri budhwar learned counsel for petitioner has relied upon few judgments of high court in which .....
Tag this Judgment!Court : Allahabad
Decided on : May-06-1998
Reported in : (1998)2UPLBEC1217
..... relax any of the qualifications prescribed in sub-clause (b) of clause (1).'9. learned counsel for the petitioner has submitted that by virtue of this amendment the petitioner was qualified as master degree in shukla yajurved which is relevant subject matter and one can teach proficiently and accurately rig-veda. he has further ..... vedas it involves different study of vedas i.e. atharveda, yajurveda and rigveda. similarly in study of law it has different branches i.e. constitutional law, indian penal code, law of evidence and for recruitment professor/lecturer a qualification is advertised who had expertise or knowledge about a particular branch.26. so we are of ..... court of appeal. he certainly has a power under section 68 of u.p. state universities act to correct the invalid and incorrect decision. it has been further stated by learned counsel for the petitioner that by amendment made in statute in 1980 relevant subject matter would cannot shukla-yajurveda equivalent to rigveda. we are .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-29-1998
Reported in : II(1998)ACC288; 2000ACJ396; 1998(4)AWC477
..... cover any contractual liability.'16. it is after this proviso, the explanation stands added (which was brought about by the amendment act 56 of 1969) which is ultimately followed by sub-section (2) of section 95 of the act. a perusal of sub-section (2) indicates thus the amount fixed under the policy where no contractual liability is established ..... the amount of premium which may be covering the amount of the penalty under the policy. this is referred by sri saran as the schedule fixed by the indian motor tariff rules. this document was not filed before the tribunal. at no point of time, the insurance company pleased and led evidence before the tribunal that ..... 30 per passenger. the argument advanced through written statement before the tribunal and specific pleading of insurance company being that the said amount of rs. 30 as per indian motor tariff rules could get only rs. 30,000 as policy amount per passenger. (iii) the insurance company has filed true copy of the policy which was .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-28-1998
Reported in : 1999CriLJ498
..... until so defined, shall be those of the house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978.(4) the provisions of clauses shall apply in relation to persons who by virtue of this constitution have right to speak in. and otherwise to take part ..... or if the language of the comment is vulgar or abusive, they cannot be deemed to come within the bonds of fair comment or justifiable criticism.' (see the book 'indian parliament, edited by dr. phul chand published by the institute of constitutional and parliament studies, 1984 edition of page 94); 30. in view of the aforementioned discussion;; we ..... :it shall not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of india (see the book 'second chamber of indian parliament', by dr. n. k. trikha, 1984 edition page 125). 7.2 thus, the discussion in regard to the pending writ petition of the petitioner was not .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-01-1998
Reported in : 1998(2)AWC1486
..... law so made by the legislature of the state.'16. the provisions authorising the state government will hold valid till section 10a was inserted in the indian medical council act, 1956 by the indian medical council (amendment) act, 1993 (central act no. 31 of 1993). after the enforcement of the said provision, the state government is not entitled to authorise any person to open a medical ..... from the state government for opening of medical college under proviso to sub-section (5) of section 5 of the medical university act, 1987 enacted by tamil nadu state assembly was' held repugnant to section 10a of indian medical council (amendment) act, 1993 which dealt with establishment of new medical college or opening of higher course of study or training and prescribed that this .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-20-1998
Reported in : (1998)2UPLBEC1244
..... of the government of india, finance ministry, in the year 1985. it was stated that laxmi commercial bank was a private limited banking company under the indian companies act and the bank issued an advertisement for employment in officers' cadre of the bank. the plaintiff was an aspirant for the post and after interview and satisfaction ..... an authority lower than the executive committee. the order was, however, held valid as the chief general manager, at the relevant time, had become, under the amended regulations, the appointing authority in respect of the delinquent officer. in paragraph 23 of this judgment the supreme court quoted the provisions of article 311(1) of the ..... entitled to the protection under article 311 of the constitution of india as he was in private employment and not under state employment.9. after some amendment in the plaint an additional written statement was filed by laxmi commercial bank and it was further asserted that the plaintiff was never employed as a manager .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-18-1998
Reported in : 1999CriLJ274
..... to the fact that at the time of arrest the petitioner was informed that he was being arrested for an offence under section 307 ipc. it is true that another offence under section 7 of the criminal law amendment act was also charged against him. we are, therefore, left to the question whether non-mention of this section would be such a ..... against him. it was contended that there could not have been a charge under section 307 ipc against the petitioner and even the fard baramdgi did not indicate that the petitioner was being arrested for an offence under section 7 of the criminal law amendment act.24. in the instant case it would be unwise for the writ court to go to ..... a case against the petitioner in case crime no. 615 of 1996 under sections 147, 148, 149 and 307, i.p.c. read with section 7 criminal law amendment act dated 19-12-1996 was initiated and after completion of investigation charge sheet had been submitted prior to the date of filing of the counter affidavit. it was further stated .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-06-1998
Reported in : 1999(2)AWC1201
..... section 4 provides remedy available to person denying liability to pay amount recovered under the provision of section 3. section 5 has been substituted by u. p. amendment act which provides that where any sum is recoverable as an arrears of land revenue by any public officer other than a collector or by any local authority, such ..... of punjab (supra) where hon'ble supreme court justified validity of tax on foreign liquor with reference to section 90 of the punjab municipal corporation act which conferred authority on the state government for levy of tax on indian made foreign liquor. however, in the present case, as already mentioned above, there is no provision in the ..... act conferring specific or implied power on the state government to enact a rule in the nature of rule 8 (c) contemplating the imposition of .....
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