Court : Allahabad
Decided on : Jun-12-2000
Reported in : 2000(3)AWC2367
..... of services and posts for which under the relevant rules governing specifically such services and posts, the maximum age-limit was less than 27 years. instead of amending large number of such service rules in existence, it was thought more convenient and practical to enact a rule for this limited purpose, whereby all rules ..... the desired improvements in the existing state of affairs. the committee was headed by prof. m. s. gore. director. tata institute of social sciences, bombay and chairman, indian council of social sciences research, new delhi, as its honorary chairman. sri m. m. l. hooja, formerly director of intelligence bureau, was its vice-chairman and there ..... a rule to raise the upper age-limit as a government order could be amended easily by issuing another government order. the legislature or the rule-making, authority would not intervene and make an act or rule just for the purpose of amending a government order. the difficulty could arise only where a specific service rule had .....
Tag this Judgment!Court : Allahabad
Decided on : May-29-2000
Reported in : 2000(3)AWC2133; (2000)3UPLBEC2624
..... s. course is governed by regulations framed by the m.c.i., with previous sanction of central government. in exercise of powersconferred by section 33 of the indian medical council act, 1956. the eligibility qualifications have been laid down in the regulations. it was urged that in the regulations it is provided that a candidate for admission ..... that the provisions of the regulations of 1979 in regard to marks criteria may be followed. this clarification was later on incorporated in the regulation itself by amending the 1997 regulation on 10.5.1999 published in gazette on 29.5.1999. it provided that a candidate appearing in the entrance examination must have passed ..... have obtained not less than 50% marks in english and 50% marks in physics. chemistry and biology taken together. these regulations were amended by m.c.i. on 10.5.1999. the amended regulations provided that a candidate for admission to m.b.b.s. course must have passed the qualifying examination securing 50% marks in physics .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-2000
Reported in : 2000CriLJ4498
..... according to him, the remedy to seek for anticipatory bail in the state of u.p. is not available to an accused in view of the u.p. amendment act of 1976 (act no. xvi of 76) and being emboldened thereby, the police are harassing the people by arresting and lodging them in the lock-up notwithstanding the nature and gravity ..... of exercise of power to arrest without warrant.29. concededly, arrest of a person accused of a cognizable offence was a must under the old code prior to its amendment by criminal procedure (amendment), act, 1923 whereby the expression 'and, if necessary, to take measures' occurring in section 157(1) was substituted for the words 'and to take such measures as ..... may be necessary.' section 157(1) of the old code as it stood amended by act xviii of 1923 has been retained in the new code. purport of the expression 'if necessary, to take measures' for discovery and arrest of the offender is that the .....
Tag this Judgment!Court : Allahabad
Decided on : May-25-2000
Reported in : (2002)172CTR(All)151; [2002]255ITR111(All); [2001]119TAXMAN105(All)
..... shri shambhu chopra, for the petitioner, and learned departmental counsel for the revenue.3. the petitioner is a public limited company incorporated under the indian companies act. the scheme of the act is that surtax is payable on the chargeable profits of the previous year as exceed the statutory deduction at the rates specified in the third schedule ..... petition that although the amount of sales tax outstanding was not payable by the close of the previous year under the sales tax act, the petitioner was advised that keeping in view the amendment proposed by the finance bill, 1989, to insert explanation 2 to section 43b, the amount of sales tax outstanding was not ..... the amount of sales tax outstanding was not payable by the close of the previous year as per the provisions of the sales tax act, the petitioner was advised that in view of the amendment proposed by the finance bill, 1989, inserting explanation 2 to section 43b, the amount of sales tax outstanding was disallowable under section .....
Tag this Judgment!Court : Allahabad
Decided on : May-24-2000
Reported in : 2000(4)AWC3001; 2001CriLJ333
..... essential commodity, as defined by the essential commodities act or with respect to which provision has been made ..... or tend to defeat the provision of the act or other law aforesaid. clause (a) to the explanation talks of essential commodities act or any other law forthe time being in force. thus, it also takes within its purview the drugs act, as amended from time to time and even the indian penal code. sections 273 and 274. apart from ..... it, it also takes within its periphery an act of dealing in any commodity, which is .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2000
Reported in : 2000(3)AWC2010
..... petroleum gas granted under the public distribution system. provided that the central government or the chief executive officer of a government oil company, namely, indian oil corporation limited, hindustan petroleum corporation limited and bharat petroleum corporation limited may, sanction more than one connection of liquefied petroleum gas under public distribution ..... it will be convenient to refer to clauses 2 (b), 2 (e), 2 (1), 3 and 6 of the control order (after its amendment by the liquefiedpetroleum gas (regulation of supply and distribution) (amendment) order. 1996) which reads as under :'2. definitions.-- in this order, unless the context otherwise requires. (a) ..... (b) 'consumer' ..... plain language of the statute and neither anything should be added nor subtracted. it is contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so. [see. assessing authority-cum-excise and taxation officer v. east india garden manufacturing company, air .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-2000
Reported in : 2000CriLJ4147
..... seriously injured. case crime number 308 of 1999 under sections 147, 148, 149, 302, 307, 504, 506, 34 ipc and section 7 criminal law amendment act and case crime no. 310 of 1999 under section 25(4) of arms act, 1959 were registered at p. s. loni, district ghaziabad on the basis of the said incident. the detenu ram ..... prejudicial activity in future. the purpose of criminal prosecution is punitive and the standard of proof is beyond reasonable doubt whereas the purpose of detention under the act is to prevent the repetition of the prejudicial activity and the order of detention is passed on the subjective satisfaction of the detaining authority 'on grounds of ..... suspicion of commission in future of acts prejudicial to the community in general'. in mohd. subrati v. state of west bengal air 1973 sc 207 the supreme court after explaining the distinction between .....
Tag this Judgment!Court : Allahabad
Decided on : May-20-2000
Reported in : 2000(4)AWC2848
..... which the decree is based was not lawful.'explanation to rule 3 of order xxiii reads as follows :'an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.'6. a compromise decree in the instant suit was challenged on ..... accordance with the compromise is not appealable under section 96 of the code of civil procedure. earlier such a decree was appealable under order xliii (1) cm). by subsequent amendment. order xliii, rule 1 (m) has been deleted. however, another rule 1a has been introduced in order xliii. the said rule 1a provides that where any order is ..... setting aside such decree on ground that the decree is based on an invalid and illegal compromise not binding on the plaintiff of the second suit. but after the amendments which have been introduced, neither an appeal against the order recording compromise nor remedy by way of filing a suit is available in cases covered by rule 3a .....
Tag this Judgment!Court : Allahabad
Decided on : May-12-2000
Reported in : 2000CriLJ4513
..... was registered at police station babina as case crime no. 215 of 1999, under sections 332, 333, 353, 504, 427, i.p.c. and 7 criminal law amendment act. injured suresh chandra tiwari, junior engineer was referred to the community health centre, babina where he was examined at 2.50 p.m. on medical examination, it was ..... of the learned counsel for petitioner cannot be accepted.14. the next submission of the learned counsel for petitioner is regarding non-compliance of section 10 of the act as admittedly representative submitted by petitioner was not forwarded by the state government to the advisory board, sri r.k. khan, under secretary, home and confidential department ..... is that the representation submitted by petitioner was not forwarded by the state government to the advisory board and thus the provisions of section 10 of the act have been violated and the petitioner is entitled for release and the continued detention has been rendered illegal.9. last submission is that there is delay in .....
Tag this Judgment!Court : Allahabad
Decided on : May-10-2000
Reported in : 2000(3)AWC2054
..... was followed in reserve bank of india v. s. b. srivastava. 1983 (2) arc 3, and it was observed that the lease executed prior to coming into force of the amending act of 1976 will not take the premises outside the definition of a 'public building' under section 2(1)(a) read with section 3(o) of the ..... agreement between the parties that the petitioner cannot terminate the tenancy at any point of time. secondly, after u. p. amendment act no. xxviii of 1976 the building was exempt from the operation of the act and there was no bar under the act to terminate the tenancy. the consent decree does not create a bar against the action taken by the petitioner under ..... into force, the benefit which was conferred upon the tenants was taken out. there is no clause under the amending act providing that it will not govern the tenants who were continuing in occupation on the date of enforcement of the act. in state bank of india. fatzabad. v. hari narain and another, 1980 alj (noc) 8. it was held that the .....
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