Court : Allahabad Lucknow
..... of the words used by the legislature. in the course of interpretation, it is not open to the court, to re-write the words of the statute. section 2 (l) of the act specifically defines the 'year of recruitment' to mean a period of twelve months commencing from the first day of july of a calendar year. rule 14 contains an ..... up for consideration together with the provisions contained in rule 11 of the rules of 1998. the submission which was urged before the supreme court was that under section 10 of the principal act, the vacancies are to be notified in respect of each year of recruitment and if they are clubbed together, the basic purpose of notifying the vacancies every year ..... ' continuous regular service has to be assessed on the first day of the year of recruitment. the year of recruitment is, as we have noted, defined in section 2 (l) of the act to be a period of twelve months commencing from the first day of july of a calendar year. the norm in the rules of 1983 requiring five years .....
Tag this Judgment!Court : Allahabad Lucknow
..... the subordinate ranks of the police force are to be such as is determined by the state government subject, however, to the provisions of the act. under section 7, the power to dismiss, suspend or reduce any police officer of the subordinate ranks is subject to article 311 of the constitution and to ..... november 2012, a division bench referred the following question of law for resolution by the full bench: "whether a temporary police constable appointed under section 2 of the police act 1861 (police act), who has not been placed on probation, can be terminated from service in accordance with the uttar pradesh temporary government servants (termination of service ..... chapters, particularly chapter xx relating to appointments and engagement, a specific note is found printed (that rules marked with asterisks have been sanctioned under section 7 of the police act, 1861). the conspicuous omission or absence of such specific indication either in the top of chapter xxvii or in respect of anyone of the .....
Tag this Judgment!Court : Allahabad Lucknow
..... condonation of delay. the employer contested the proceeding by filing objections to the delay condonation application and also preliminary objection regarding maintainability of the application under section 20 (2) of the act. 5. respondent no.2, by separate orders, condoned the delay and admitted the applications for hearing on merits. on the basis of the ..... be paid to the employee. 9. i have considered the submissions made by learned counsel for the parties and perused the records. relevant part of section 20 of the act is as under:- "(1) the appropriate government may, by notification in the official gazette appoint any commissioner for workmen's compensation or any officer of ..... and substance, the claims made in the applications is regarding payment of less than the minimum rates of wages. such claim is specifically covered by section 20 of the act. 14. when an employee claims that he is being paid less than the minimum wages, it is ordinarily implicit in such claim that the employer .....
Tag this Judgment!Court : Allahabad Lucknow
..... ) a guardian appointed by the will of the child's father or mother, and (b) a guardian appointed or declared by a court; and'. 4. amendment of section 11.- in section 11 of the principal act, in clause (vi), after the words "from the family of its birth", the words "or in the case of an abandoned child or a child whose parentage ..... or not, cannot be permitted to be sustained. the child master ansh can, therefore, be "regarded as hindu" both in terms of explanation (b) and explanation (bb) to section 2 (1) of the act. in the light of above, since the child has been brought up as a hindu and has been abandoned by his parents (reasons for arriving at the conclusion ..... previous permission of the court. but this power can be exercised only by a testamentary guardian or a guardian appointed or declared by the court as specified in section 9 (4) of the act. a person having the care and custody of a child has, however, no power to give the child in adoption although for all practical purposes he is .....
Tag this Judgment!Court : Allahabad Lucknow
..... : provided further that-- (a) in the event that the person against whom an offence under section 354, section 354a, section 354b, section 354c, section 354d, sub-section (1) or sub-section (2) of section 376, section 376a, section 376b, section 376c, section 376d or section 376e of the indian penal code (45 of 1860) is alleged to have been committed or ..... prescribe in this behalf: provided that if the information is given by the woman against whom an offence under section 326a, section 326b, section 354, section 375, section 376, section 376a, section 376b, section 376c, section 376d, section 376e and section 509 of the indian penal code (45 of 1860) is alleged to have been committed or attempted, then ..... to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if the magistrate makes over the case to another magistrate under section 192 .....
Tag this Judgment!Court : Allahabad Lucknow
..... placed by the respondent on the word "presence". one must also take note of the definition of the term 'evidence' as defined in the indian evidence act. section 3 of the indian evidence act reads as follows: "evidence--evidence means and includes-- (1) all statements which the court permits or requires to be made before it by witnesses, ..... , is caused to the accused. of course, as set out hereinafter, evidence by video conferencing has to be on some conditions. reliance was then placed on sections 274 and 275 of the criminal procedure code which require that evidence be taken down in writing by the magistrate himself or by his dictation in open court. it was submitted ..... being received by them they are supposed to take decision in their discretion in the matter in consonance with the provision made in section 9(6) of the criminal procedure code as amended by u.p. act 1 of 1984 which provides that where it appears expedient to do so for consideration of internal security or public order, the .....
Tag this Judgment!