Court : Allahabad
Decided on : Feb-15-2000
Reported in : 2000(2)AWC1606
..... state of u. p. inasmuch as on two previous occasions the u. p. government came out with the uttar pradesh fundamental rules 56 (amendment and validation) act, 1970. the first one was passed as u. p. act no. 5 of 1970 which had to be legislated in order to explain the legal position and setting the controversy which was raised on ..... to be and always to have been done or taken under or in relation to the said rule 56(a) as amended by this act and to be and always to have been as valid as if the provisions of this act were in force at all material times. 4. repeal of uttar pradesh ordinance no. vi of 1969. --the uttar ..... 1969, is hereby repealed.' 13. on second occasion the state legislature came out with further amendment when it passed u. p. act no. 24 of 1975. it was thought that some more amendments were necessary in rule 56 and, therefore, the following amendment was brought about:'2. amendment of fundamental rule 56.--in rule 56 of the uttar pradesh fundamental rules, published in the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-16-2000
Reported in : 2000CriLJ4125
..... from criminal courts if some recovery or incriminating circumstances are pointed out by such an accused. for ready reference, the provisions of section 27 of the indian evidence act may be noticed.when any fact is disposed to as discovered inconsequence of information received from a person of any offence, in the custody of a police ..... an investigating agency obtain a police remand. the answer has been in an emphatic no. the provisions of section 167, cr.p.c. with all its amendments from time to time have been clubbed and discussed extensively in the said decision. the argument of the prosecution counsel was rejected to the extent that if and ..... direct release of person detained, the detention through the warrant will continue.2. the prisons act, 1894.15. this law was passed (act no. 9 of 1894) because it was thought expedient to amend the law relating to prisons and by subsequent amendment it became permissible for providing rules and regulations for such prisons. in the definition of .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-24-2000
Reported in : 2000CriLJ3349
..... was registered as case crime no. 330 of 1999, under sections 147, 148, 149, 323, 336, 332, 353, 427, 153-a, 330 indian penal code, criminal law amendment act and of public property damages prevention act.5. in order to restore public order contingents of police force and pac were deployed at several places. strict vigil was maintained. in spite of ..... in custody. there is nothing to indicate that the district magistrate applied his mind to the question whether an order of detention under the jammu and kashmir safety act was necessary despite the fact that the petitioner was already in custody in connection with the criminal case. the cases of the other six petitioners are identical and ..... the petitioners was received by the state government on 7-9-1999. the order of detention was confirmed for a period of 12 months under section 12 of the act on 14-9-1999.9. petitioner, tunnu submitted his representation to the jail authorities on 5-8-1999, which was forwarded to the state government by the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-06-2000
Reported in : 2000CriLJ3777
..... grounds of detention severable.- where as person has been detained in pursuance of an order of detention (whether made before or after the commencement of the national security (second amendment) act, 1984) under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds ..... under this sub-section shall not, in the first instance, exceed three months, but the state government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (4) when any order is made under this ..... rs. 100/- stuffed in a safari brief-case and each wad had the fake currency notes of the value of rs. 10,000/-. the entire search yielded recovery of fake indian currency notes to the tune of rs. 3,50,000/ besides currency notes, coins of the denomination of rs. 5/-; equipments used for coining and stamping the metal, .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-07-2000
Reported in : 2000CriLJ2812
..... was lodged at police station kotwali, district ghazipur registered as case crime no. 24 of 1999, under sections 147, 149, 506, i.p.c. and 7 criminal law amendment act. after investigation, charge sheet has been filed and case is pending in court.2. it has been further stated that the petitioner is a habitual and notorious criminal. he has ..... respect of which a case was registered as case crime no. 50a of 1998,under sections 147, 323, 504 and 506, i.p.c. and 7 criminal law amendment act. after investigation, charge sheet has been filed in court and case is pending.(6) that on 6-8-1999, petitioner and his companions forcibly abducted prem chandra gupa in ..... of which case was registered at police station chetganj, district varanasi as case crime no. 144 of 1997 under sections 504, 506, i.p.c. and 7 criminal law amendment act. after investigation, charge sheet was filed and case is still pending consideration in the court.(4) that on 2-12-1997, with intention to kill sri pancham shukla, resident .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-15-2000
Reported in : 2000(2)AWC1701
..... plaintiff is occupying the building in capacity of a licensee and at the commencement of the uttar pradesh urban buildings (regulation of letting, rent and eviction) (amendment) act, 1976 the licence of the appellant is regularized and the appellant shall be deemed to be an authorized licensee. he having become an authorized licensee cannot ..... to regulate licences whereas the preambles of indian easement act, regulates the licences. the court pointed out that the preamble of u. p. act no. 13 of 1972 shows that the legislature did not intend that the act should apply where there was a conflict with the provisions of indian easement act. the law relating to licences as ..... contemplated by the easements act cannot be controlled or affected by the provisions of the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-03-2000
Reported in : 2000(2)AWC1635
..... of u. p. licence for possession of denatured spirit and specially denatured spirit rules. 1976.3. the petitioner is a private limited company incorporated under the indian companies act, 1956. it manufactures chemicals and for that purpose requires molasses/industrial alcohol as the main raw material for the manufacture of the aforesaid chemicals. the petitioner obtained ..... from the distillery and shall be deposited in the treasury under the head 'x-state excise miscellaneous confiscation and miscellaneous (a) contribution ; towards establishment.'7. the amended rule 3 (a) is quoted herein below :'3 (a) the fee for a licence in form fl 39 shall be at the rate prescribed for industry to ..... 39 shall be at the rate of 10 paise per litre payable on the quantity of specially denatured spiritobtained from any distillery in u. p. the amended rule further provides that the fee shall be realised by the excise inspector incharge of the distillery from the licensee before making issues of the specially .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-22-2000
Reported in : 2000CriLJ4530
..... submitted against accused persons named above for the offence committed by them under the provisions of ipc and arms act as the requisite sanction for their prosecution and of others as required under section 20-a(2) of tada (p) 1987, as amended has been declined by inspector general.25. the list of witnesses, documents and the articles ..... leader brahamapal saying that there is no evidence against him. it appears that the cbi has not taken into consideration the confessional statement recorded under tada act, in the proceedings under indian penal code. the statement of one narayan yadav was recorded twice at different intervals. firstly, his statement was recorded on dt. 26-8-1994 and ..... of accused pal singh alias pala alias lakkad and jaipal gujjar respectively. a case fir no. 134 dt. 18-5-1996 under sections 307, 216a, ipc and 24/54/59 arms act, ps pehowa, district kurukshetra (haryana) was registered against the said accused.18. on 3-7-96 after obtaining the permission of the court of cjm, .....
Tag this Judgment!Court : Allahabad
Decided on : May-05-2000
Reported in : (2000)3UPLBEC2553
..... )(d) or 323-b(3)(d), the existing jurisdiction of the tribunals created under a valid legislation would continue and will not be ousted simply because, according to the 42nd amendment act, these matters are triable by tribunals to the exclusion of the courts including the tribunals created by the state legislature. article 323-a(1) read withclause (d) would indicate that ..... that the appointment on the post of chairman, vice-chairman of these officers of the government who have held the post of secretary and who have been members of the indian administrative service on the above posts would prejudice the judicial handling and adjudication of the cases for dispensation of justice to maintain the judicial tamper of the functioning of the .....
Tag this Judgment!Court : Allahabad
Decided on : May-09-2000
Reported in : 2000(3)AWC2167
..... leave of the court the memorandum of appeal is being treated as revision and vice versa. therefore, there is no question with regard to the necessity--either of amendment or of limitation as discussed above.24. now it is necessary to give reasons as to why the conversion is permitted.25. when it comes to its notice, ..... appointed as receiver. by an order dated 1.9.1990, the appointment of the said sri sachidanand singh was recalled. shri b.k. varma. assistant manager, lpg, indian oil corporation. ghazipur, was appointed as receiver for ensuring distribution of gas cylinder in connection with the business of the plaintiff. on 7.9.1990, an application was filed ..... his head. the judicial activism is permitted within the scope of article 226 or article 32 and not otherwise. the courts are creatures of statute. it has to act within its jurisdiction. civil court cannot gobeyond the jurisdiction conferred on it or the scope and limit that has been prescribed by law. it cannot permit illegality. even .....
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