Court : Allahabad
Reported in : 2000(2)AWC1061
..... violation of the prescribed statutory criterion. a direction was given either to call the applicants for interview who have completed five years of practice required by section 8 (3) (c) of the act or to screen the candidates through some other tests and thereafter to call only such candidates who qualifyat the said screening test. the supreme court ..... taken by the commission to call for interview only those applicants for interview who had completed 7 1/2 years of practice although in view of section 8 (3) (c) of the act, only five years of practice as an advocate or a pleader in the madhya pradesh was a minimum eligibility requirement as per the statute. it ..... inviting applications for appointment to the post of presiding officer of the labour court constituted under the provisions of m. p. industrial relation act. 1960. in view of section 8(3)(c) of the said act, it was prescribed in the advertisement that the applicants should have put in practice as an advocate or a pleader for a total .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2627; (1999)2UPLBEC1603
..... appointment of other candidates in the vacancy not filled on compassionate ground.6. a bare perusal of the provision of regulations 101 to 107 framed under u. p. intermediate education act, 1921, shows that the provisions were made for appointment on compassionate ground. but the said provision did not exclude the scope of appointment of ordinary candidates by direct recruitment. in .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)3UPLBEC1682
..... board provides in clause (b) that the board shall have to appoint members of the academic and administrative staff of the university in the manner prescribed section 23 of the act, which is very relevant for the purpose of the present proceeding is quoted hereunder:-'membership and proceedings.-if any question arises whether any person had been ..... persuaded to accept the contention of sri s.p. gupta, learned senior advocate, that the orders/decisions of the board are excluded from the purview of section 23 of the act. it follows, therefore that the decision of the kuladhipati in the present case cannot be assailed on the ground of lack of competence or jurisdiction.25. ..... present case.27. in ram swarup v. state of haryana and ors., air 1978 sc 1536, the appellant therein was appointed as labour-cum-consolidation officer in 1968 but in 1977 the government reverted him on the ground that he was not qualified for being appointed because he did not possess one of the qualifications prescribed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All254
..... to show that he ever arrived at any such opinion, it has to be held that the vice-chancellor did not and could not act under section 12 (7) of the allahabad university act. this view of ours is further strengthened by the fact that even the vice-chancellor, according to himself, never purported to exercise the ..... another year. learned counsel urged before us that, in these circumstances, we should direct the vice-chancellor to exercise his emergency powers under section 12 (7) of the allahabad university act to make an early arrangement for rectification of the omission in the case of the appellant by appointing another examiner who may be available immediately ..... any other provision empowering the vice-chancellor to pass that order, we should hold that that order was made by the vice-chancellor under section 12 (7) of the allahabad university act quoted above. we consider that it is not possible to accept this submission. we have already indicated earlier that the vice-chancellor when passing .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All368; (1995)2UPLBEC999
..... all persons whose name is entered in said register constitute a body corporate which is known by the name of institute of chartered accountants. section 4 of the act specifies the persons who shall be entitled to have their name entered in the register which includes persons who passed such examination and completed such ..... any difficulty arises in giving effect to the provisions of these regulations, the council may, by general or special order, do anything not inconsistent with provisions of the act which appears to it to be necessary or expedient for the purpose of removing the difficulty. (2) in particular and without prejudice to the generality of the foregoing ..... training as may be prescribed by regulations framed under the act. the act also provides for a council of institute (in short 'council') for management of affairs of the institute and discharge functions assigned to it under the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All403
..... -impledment of such a person will necessitate the dismissal of the election petition. this proposition of law has been considered in view of the provisions of section 82 of the act which provides that the petitioner shall join certain persons as respondents to his petition. if allegations of corrupt practice are made against any candidate then he ..... and part vii unless otherwise required these definition are to be taken into consideration. the definition of 'candidate' as contained in sub-clause (b) of section 79 of the act as under:--''candidate' means a person who has been or claims to have been duly nominated as a candidate at any election.'10. in order to see ..... as respondents any other candidate against whom allegations of corrupt practice are made in the petition. the definition of the word 'candidate' as given in section 79(b) of the act has not been correctly appreciated by the court below. opposite party no. 4 has contested the petition.3. learned counsel for the petitioner and the .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ2801
..... shri a. g. giri to see if the term 'indulges' could be . given only the meaning as interpreted by him or it has a wider scope. section 2(b) of the act defines what is 'gang' and under this definition a group of persons who indulge in anti-social activity in any manner as enumerated in the 15 clauses under ..... is subsequntly charged. 13. we may now look to the procedure prescribed for the trial of an offence under the act. under section 5 of the act special court can be constituted for the speedy trial of offences under this act and section 7 says that notwithstanding anything contained in the code of criminal procedure, where a special court has been constituted for ..... of the petitioner for substantive offences under the indian penal code, in an ordinary criminal court, he could be tried for a distinct offence under this act by the special court as provided for under section 300(4), cr.p.c. the legislature, in our view, had in mind that an accused may not be harassed twice over and, accordingly .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2238a; [2002(95)FLR68]; (2002)2UPLBEC1948
..... the state government in autonomous bodies financed and controlled by the state government. it is stated that inspite of the reservation having been provided under the aforesaid act, the u.p. government is not giving benefit of the reservation to the visually handicapped persons and loss is being caused to them.4. in so ..... in the nature of mandamus commanding the respondents to give 1 % reservation in favour of visually handicapped persons separately as provided in the central act as well as in the state act as amended from time to time ;(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to ..... central government, the state government also has to identify the posts in accordance with the provisions of section 3 (ii) of the u.p. public service commission (reservation for physically handicapped, dependents of freedom fighters and ex-servicemen) act, 1993. the scope of the persons falling under disabilities (equal opportunities protection of right and full .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)2UPLBEC1538
..... planning is an activity anterior to the implementation of the plan, which latter would include distribution regards, the power of the gram panchayatunder section 15(xxix) of the u.p. panchayat raj act, in our opinion, this provision does not give the gram panchayat the power to grant licences for fair price shops. the gram panchayat ..... . kshettra panchayat and zila panchayat adhiniyam, 1961, the second is item no. (xxviii) of schedule ii of the same act, and the third is section 15(xxix) of the u.p. panchayat raj act.10. in our opinion, a collective and harmonious interpretation of these provisions leads to the following result:distribution of essential commodities ..... functions include:'(xxviii) public distribution system.-planning and monitoring of distribution of rural commodities.'8. it may be mentioned that section 15(xxix) of the u.p. panchayat raj act, as amended by u.p. act no. 9 of 1994 mentions that one of the functions of the gram panchayat is :'public distribution system.-(a) .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(2)AWC1305
..... in dispute between the parties that a reference in respect of the office bearers of the society was made to the prescribed authority under section 25(1) of the societies registration act vide order of of the assistant registrar dated 20/21.12.1994. in the said proceeding the prescribed authority on 31st january, 1995 ..... of the assistant registrar dated 28.8.2004 and a direction has been issued for constituting a fresh executive council of the society under section 25(2) of the societies registration act.6. in view of the aforesaid, the committee of management which was constituted by an illegally constituted executive council would if so ..... has established amongst other a recognized intermediate college known as arya mahila inter college. the said institution is recognized under the provisions of the intermediate education act, 1921 and has an approved scheme of administration which regulates the constitution of the committee of management for managing the said institution.3. a dispute with .....
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