Court : Allahabad
Decided on : Oct-28-1998
Reported in : 1999(1)AWC489
..... shall, unless approved in writing by the inspector, remain in force for more than sixty days from the date of commencement of uttar pradesh secondary education laws (amendment) act, 1975, or as the case may be, from the date of such order, and the order of the inspector shall be final and shall not be ..... by the committee of management, it shall be reported to the inspector within thirty days from the date of thecommencement of the uttar pradesh secondary education laws (amendment) act, 1975, in case the order of suspension was passed before such commencement and within seven days from the date of the order of suspension in any other ..... .admittedly, no order has been passedby the district inspector of schoolson the aforesaid resolution of thecommittee of management asrequired under sub-section (7) ofsection 16c of the act of 192). onthe other hand, the 'district inspectorof schools by his order dated 13thoctober, 1997 directed themanagement to pay the full salary tothe petitioner-teacher. when .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1998
Reported in : AIR1999SC22; JT1998(7)SC243; 1998(5)SCALE655; (1998)8SCC1; [1998]Supp2SCR359
..... by the appellant in the high court as the said suit could not be treated to constitute, in any manner, 'proceedings' under the act. moreover, the application for amendment, by which the relief relating to infringement of trade mark was sought to be added in the plaint was still pending and unless that ..... legislation brought on the statute book was the indian merchandise marks act, 1889 (act no. 4 of 1889). this was followed by the trade marks act, 1940 (act no. 5 of 1940). both these acts were repealed by the trade & merchandise marks act, 1958. this act follows the pattern of trade marks act, 1938 of the united kingdom. prior to ..... registration problem was tackled by obtaining a declaration as to ownership of a trade-mark under the indian registration act, 1908. the present act which, as pointed out above, has repealed the indian merchandise marks act, 1889 and trade marks act, 1940, also provides in section 129 that any document declaring or purporting to declare the ownership .....
Tag this Judgment!Court : Kerala
Decided on : Oct-26-1998
Reported in : (1999)153CTR(Ker)79
..... the said year was pending. at that stage, the petitioner filed a petition before the settlement commissioner to have the case settled in terms of s. 245c of the indian it act. the settlement commissioner by order dt. 25th jan., 1991 cancelled the registration given to the petitioner for the asst. yrs. 1975-76 and 1976-77 under the provisions ..... per the provisions of that chapter and the settlement commissioner is not in anyway bound by the other provisions of the act, in particular s. 186 of the act. it is further submitted that the amendment by way of finance act, 1987, was introduced w.e.f. 1st june, 1987 only for the purpose of removing a doubt in this ..... ), then, the courts have to go by the meaning conveyed under the provisions of the act. of course, the learned counsel for the petitioner places before this court the notes and clauses and submitted that there is nothing to indicate that the amendment was introduced only for the purpose of removal of doubts. it has to be pointed out .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-22-1998
Reported in : 1998(6)ALD738; 1999(1)ALT6
..... petition. it is not sufficient if only some questions relating to the factual position, as to the applicability of the act to the land in question, its inclusion in the peripheral limits, the date of extension of amended master plan, eligibility to seek exemption if any in view of its long possession and enjoyment by the petitioners. without ..... any clearance or exemption certificate from the special officer-cum-competent authority under urban land ceiling act.28. from the above information and for the following reasons that from schedule i to the act, the date on which the ulc act came into force, the amended master plan, g.os., and memos issued by the government and the huda time ..... at the time of coming into force of the a.p. urban land (ceiling & regulation) act, 1976 hereinafter referred to as 'the act 1976', which came into effect w.e.f. 17-2-1976 or when the master plan was amended or subsequent to that. the village guttala begumpet situated prior to madapur village is not shown in .....
Tag this Judgment!Court : Chennai
Decided on : Oct-21-1998
Reported in : 1998(3)CTC236; (2001)8SCC676; AIR2001SC2861
..... are only illustrative of the general power and do not in any way restrict the general power. section 2 of the defence of india act, 1939, as amended by s.2 of the defence of india (amendment) act, 1940, conferred upon the central government the power to make such rules as appeared to it 'to be necessary or expedient for ..... question was, how far the state enactment can overlap theregulations of the medical council of india. in paragraph 24 of the judgment, it was held thus:-'the indian medical council act is relatable to entry 66 of list i (union list). it prevails over any state enactment to the extent the state enactment is repugnant to the provisions ..... so at their own risk. it was further stated that theuniversity violated the regulations and the supreme court judgment of 1993.by another news item found in 'the indian express' dated 12.8.1998, thestudents were warned from joining technical courses of the university.32. the prospectus issued by the appellants' institute in regard to the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-16-1998
Reported in : 1998(6)ALD378; 1998(5)ALT772
..... necessary expertise and the knowledge of law to discharge the important intricate and constitutional functions of judicial review of legislation;(v) that the forty second constitution amendment act, aimed at creating tribunals in view of the large scale pendency of service matters in the high courts and to reduce the burden of the high ..... now concisely stated, the points which arise for consideration are:(i) whether judicial review under articles 226/227 of the constitution is a basic feature of the indian constitution and did it undergo any change in view of chandra kumar's case (supra)?(ii) whether the directions by the supreme court in chandra kumar's ..... if not, what is its status and nature of functions?(iv) whether several provisions of the administrative tribunals act, 1985 are an affront to independence of judiciary and thus violative of basic feature of the indian constitution and are liable to be struck down as ultra vires the constitution?(v) whether the qualifying mark prescribed .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-1998
Reported in : ILR1999KAR4597
..... (ii) published after the commencement of the land acquisition (amendment) act, 1984 shall be made after the expiry of one year from the date of the publication of the notification: provided further that no such declaration shall ..... made before the expiry of one year from the date of publication of notification under section 4(1) of the act. 6. section 4(1) of the act as amended by the land acquisition (mysore and amendment) act, 1961 reads thus.-- '4. publication of preliminary notification and powers of officers thereupon.--(1) whenever it appears to the ..... by a notification under section 4, sub-section (1).-- (i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967), but before the commencement of the land acquisition (amendment) act, 1984 shall be made after the expiry of three years from the date of the publication of the notification, or .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-16-1998
Reported in : AIR1999P& H156; (1999)121PLR54
..... due from the transferee or occupier and also to impose penalty. section 8-a, which was added by the capital of punjab (development and regulation) (chandigarh amendment) act, 1973, central act, no. 17 of 1973 provides for resumption of the site or building and forfeiture of the whole or any part of the money paid by the transferee ..... not been able to put the property to use by way of giving the same on rent to the prospective businessmen.(vii) learned counsel relied on mahabir auto stores v. indian oil corporation, (1990) 3 scc 752 : (air 1990 sc 1031), satnam singh v. haryana urban development authority, mani majra, u.t., chandigarh, (1993) 1 ..... outstanding dues withinterest up to 31-7-1998interest rs. 56,83,048.0012.date of sanction of waterconnection18-5-199213.details of occupiersbasement and ground floor hasbeen occupied by indian bank. 1st & 2nd floor have been occupied by bank ofpunjab'36. perusal of the averments made in the writ petition, the written statement and the additional .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-16-1998
Reported in : 1999(2)KarLJ600
..... s case, supra, considering all the decisions of the supreme court rendered earlier has held as follows.-'17. it is to remember that the land acquisition (amendment) act (68 of 1984) was enacted prescribing the limitation to exercise the power under sections 4, 6 and 11 and also excluded the time occupied due to ..... and the collector/lao performs only statutory duties under the act, including one while making reference under section 18. it is difficult to construe that ..... extended. though section 29(2) of the limitation act is available and the limitation in proviso to sub-section (2) of section 18 may be treated to be special law, in the absence of such an applicationby land acquisition (amendment) act (68 of 1984), the act specifically maintains distinction between the collector and the court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-1998
Reported in : 1998VIAD(SC)478; AIR1999SC44; JT1998(7)SC216; 1998LabIC3554; 1998(5)SCALE621; (1999)1SCC280; [1998]Supp2SCR343; (1999)1UPLBEC12
..... years after would supersede the former in the matter of determination of seniority from the date of their appointment against the permanent vacancies. this court quashed the amended rules as well as the seniority lists. in the course of the judgment, this court said that the period of service rendered by the ad hoc appointees ..... members of service and required to wait till selection and appointment as assistant engineers under rule s (a)(ii) against quota fixed by rule 6 of 1969 amendment rules. consequently the assistant engineers appointed several years ago to the temporary posts had to wait until their selection and appointment to permanent posts against the prescribed quota ..... set out above. the service rules applicable in this case are the u.p. services of engineers (buildings and roads branch), class-ii rules, 1936 as amended in 1969 and 1971 hereinafter referred to as rules. rule s provides that recruitment to the post of assistant engineer shall be made by direct recruitment as well .....
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