Court : Allahabad
Reported in : AIR1970All201
..... on it by article 357(1)(a) read with article 356(1)(b), parliament enacted the u.p. state legislature (delegation of powers) act, 1968 (act no. 7 of 1968), section 3 of central act no, 7 of 1968 ran thus:--'(1) the power of the legislature of the state of uttar pradesh to make laws, which has been declared by the proclamation to ..... is below rs. 20,000, the case will not be covered by article 133(1)(a) of the constitution. if the valuation exceeds rs. 20,000, section 3 of act no. 35 of 1968 will have no effect. secondly, even in a suit of valuation of rs. 20,000 there is no clear conflict with article 133 of the constitution. ..... civil laws amendment act, 1968', refer to the original suit. the words 'before or after' indicate that the legislature was anxious that the amendment should be effective even in a case where the suit was instituted before the president's act came into force.24. again, sub-section (1-a) of section 21, civil courts act (inserted by the president's act) empowers the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(118)ELT563(All)
..... to support the finding of the tribunal that the applicant was carrying on business in gold in violation of the provisions of the gold (control) act, 1968 and, therefore, was liable for penalty under section 74 of the act. we decide the question accordingly.12. in the circumstances of the case, the parties will bear their own costs.13. an authenticated copy ..... different findings contrary to the findings of the allahabad high court in criminal revision no. 1756/80 ?(2) whether the tribunal erred in imposing the penalty under section 74 of the gold (control) act, 1968 in the absence of any gold being seized and on the basis of the accounts only ?'2. we have heard sri v.k. goel, learned counsel ..... m.c. agarwal, j.1. this is a reference under section 82b of the gold (control) act, 1968 (hereinafter referred to as 'the act') made by the customs, excise & gold (control) appellate tribunal, new delhi that has referred the following questions for the decision of this court:'(1) whether in the facts .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All16; 1973LC7(Allahabad)
..... and to issue show cause notice to the petitioner under section 79 of the gold control act and to adjudicate the matter under section 78 of the act. the search and seizure according to the opposite parties was done in accordance with the provisions contained in the gold control act, 1968, hereinafter referred to as the act, and that no illegality was committed by the officers in ..... counsel is exercisable within the limits provided by section 66 of the act, and the respondents have exceeded their jurisdiction in seizing petitioner's entire stock of ornaments. in order to appreciate the contention, it is necessary to examine the scheme of the act and the purpose for which parliament enacted the act.5. the gold (control) act, 1968 as shown by its preamble is to .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC308
..... wrote a letter to him to deposit the rent in the name of union of india. in the application it was pleaded that in view of section 9 of enemy property act, 1968 u.p. act no. 13 of 1972 was not applicable to the house in dispute and custodian enemy property was necessary party. the prescribed authority by order dated ..... one party asserts that the property is enemy property and the other party disputes the said fact, then naturally it must be decided by some authority under enemy property act, 1968, that the property vested in custodian, enemy property. the only thing brought on record by tenant/petitioner was a notice and a report of the tehsildar dated 27. ..... application (p.a. case no. 41 of 1984 on the file of prescribed authority/additional civil judge-i, agra) filed by landlord/ respondent no. 3 under section 21 of u. p. act no. 13 of 1972, is pending. before filing written statement/reply to the release application tenant/ petitioner filed application numbered as 24-ga. in the said .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1113
..... i, find that inspite of perusing the matter, the petitioner has not been given relief. regulation 2(2) of chapter-ill of the regulation framed under u.p. intermediate education act, 1921 provide that 50% quota on the sanctioned post of clerks to be filled by promotion, if an employee possessed prescribed qualification and had served five years on substantive post ..... on the committee of management and the district inspector of schools, the district inspector of schools shall proceed to take action against the committee of management under section 6 of the u.p. high school and intermediate colleges (payment of salaries of teachers and other employees) act, 1971. the petitioner shall also be entitled to costs of this writ petition from respondents. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)2UPLBEC1173
..... -existent. the adverse entries made in the character roll of saukat hussain stood expunged and he had been acquitted of the charges under section 161, ipc and section 5/2 of the prevention of corruption act by special judge. barellly. the order passed by high court on 12.3:1996 on the administrative side allowing the representation of sri ..... court as the appointment on the said post could be made only by the principal judge of the family court in view of the provisions of section 6 of the family court act and rule 22 of the rules framed thereunder. it was also urged that rule 36 of the family courts rules, 1995, provides that the family ..... , a court of principal judge/additional judge, family court is constituted specially for the purpose of enforcing the provisions of the act and to exercise the jurisdiction as is vested by section 7 of the act. the family courts have been constituted not on permanent basis but as temporary measure. jai govind admittedly, is a permanent employee of bareilly .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1278
..... late hari shanker vidyarthi. mrs. rama vidyarthi, who was subsequently substituted by respondent nos. 1 and 2 as plaintiffs, filed suit no. 37 of 1969 under section 6(1) of the specific relief act, 1963 with the allegation that the plaintiff and defendant no. 1, namely mrs. rama vidyarthi and mrs. savitri vidyarthi, both are the wives of late ..... house no. 7/89, tilak nagar, kanpur, having purchased it by registered sale deed dated 27th september, 1961 and having been in continuous undisturbed possession, thereof till 26th july, 1968. in the year 1961, when the bungalow no. 7/89. tilak nagar, kanpur was purchased by the plaintiff, then at the request of the defendant nos. 1 and 2 ..... for a share in the property of the plaintiff made a forcible entry in the plaintiff's aforesaid bungalow no. 7/89, tilak nagar, kanpur on 26th july, 1968 by breaking open the locks with the help of several persons and forcibly occupied two rooms of the front northern side in the said house. the plaintiff lodged a .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)AWC948; (2003)1UPLBEC387
..... fit to do so. there is no question of any inherent power of the court and much less of the executive government in this behalf. section 14 of the u. p. general clauses act does not in terms, or by necessary implication, give any such power of extension of time to the state government and, therefore, the ..... which the adjudicator to whom an industrial dispute is referred for adjudication is to submit this award. the combined effect of section 14 of the u. p. general clauses act and section 6 (1) of the u. p. industrial dispute act, 1947, it is contended, that the adjudicator is enjoined to submit his report 'within such time as may from ..... appearing for the respondent no. 3 refuting the submission of counsel for the petitioner, contended that the maximum period of detention prescribed under section 281 of the u. p. zamindari abolition and land reforms act is not applicable when the arrest is for different arrears. the contention is that if the arrears sought to be recovered are different .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All93
..... (a) sale of ornaments and articles; (b) remaking of another person's ornaments and articles.' (f) that the applicant has not contravened any provision of gold (control) act, 1968, or any rule or order made thereunder or of part xii-a of the defence of india rules, 1962 or of any other law for the time being in force ..... and as conferring an unguided power on the licensing authorities and further as not having been made for carrying out the purposes of the gold control act, 1968 (hereinafter referred to as 'the act').2. on behalf of the petitioner these very contentions were elaborated and essentially reliance was placed on a decision of the madras high court rendered ..... india rules, 1962, or under the gold (control) ordinance, 1968 shall continue to be in force until the expiry of the period of its validity or until the cancellation thereof under the act. sub-section (4) enables a person holding valid licence at the commencement of the act to commence or to carry on business as a dealer and to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All604
..... which is void. a suit for redemption may, in essence, be a suit for possession but the legislature, in providing a summary and speedy relief under section 12, agriculturists' relief act, could hardly have contemplated the case of a void mortgage, nor could it have contemplated that, in such summary proceedings, the court, like regular proceedings in ..... under it does not become due, nor is a suit for redemption barred under such a mortgage. these words are identical with the language used in section 83, t. p. act, which says that'at any time after the principal money payable in respect of any mortgage has become due and before a suit for redemption of ..... will be clearer by a statement of facts in each case. i shall first take up the revision application.2. this application arises out of proceedings under section 12, agriculturists' relief act and has arisen in the following manner. on 13th october 1900, ram adhin and drigbijai singh mortgaged an occupancy holding to sheo narain for rs. 1000 .....
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