Court : Allahabad
..... this fact is brought to its notice that the alleged contemnor has defied or disobeyed deliberately an order of the court, the proceedings would not be barred by section 20 of act 1971. 26. now applying to the above said principle which has been laid down by the apex court as well as by this court in respect to ..... contempt of its subordinate court or tribunal, as the case may be, has the power to condone and waive the delay in initiation of contempt proceedings under section 12 of the courts act. 22. and the said questions were answered by the division bench in the case of islamuddin (supra), we, therefore, answer both the questions referred by ..... high court subsequently came to the conclusion that issuing of a show cause notice did not amount the initiation of proceedings and, therefore, the bar enacted by section 20 of the act was attracted and the application was liable to be rejected. the apex court in the said judgment laid down that filing of an application or petition for initiating .....
Tag this Judgment!Court : Allahabad
..... has come to a conclusion that since in 1979 five teachers were appointed with the approval of the district inspector of schools and further since in every primary section one teacher is admissible, at least 5 teachers could be appointed in the institution. he has, thereafter, proceeded to hold that the vacancy has rightly been ..... vacancy was earmarked for o.b.c. category candidate only. the petitioner along with two other candidates applied and is said to have been selected by the section committee constituted for the purpose in its meeting held on 15.10.2000. the manager of the institution decided to offer appointment to the petitioner and forwarded ..... school, patla, ghaziabad is a recognized and aided girls high school. it is admitted that the provisions of the intermediate education act and the regulations framed thereunder are fully applicable to the primary section, which is part and parcel of the same high school institution. one smt. krishna rehlan is stated to have retired from .....
Tag this Judgment!Court : Allahabad
..... them. the conducting of sex selection oneself or by aiding another person to engage in sex selection has been brought within the purview of section 3-a of the act. sex determination includes not only determination of the sex, but also includes anything done from fertilization until birth, which increases the probability that ..... this court dismissed a writ petition challenging the first information report and for stay of arrest in a matter in which defence was taken that section 28 of the act provides cognizance of any offence except on a complaint made by concerned appropriate authority. it was held that prohibition does not apply at the ..... prescribes that no qualified person shall conduct or cause any pre-natal diagnostice technique, to be conducted in any place other than a place registered under this act. section 2 (c) to (p) define genetic counselling centre; genetic clinic; genetic laboratory; gynecologist, paediatrician; pre-natal diagnostic procedures; pre-natal diagnostic techniques; .....
Tag this Judgment!Court : Allahabad
..... 21. the petitioner has also taken a ground that the provisions of instruction 4(1)(b) of schedule-ii of the 1994 rules are violative of section 264-b of the 1961 act. section 264-b has already been quoted above which provides that election of pramukh shall be held in a manner provided by the rules. we do not see ..... must forthwith decide between the tied candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote. in england under section 2 of the ballot act, 1872 (now repealed) the returning officer could give a casting vote either orally or in writing when an equality of votes is found. but now under ..... pradhans and up-pradhans) rules, 1994 and rule 55 of the u.p. kshettra panchayat and zila panchayats (election of members) rules, 1994 are quoted below:-section 65 of representation of peoples act, 1951:- equality of votes if, after the counting of votes is completed, an equality of votes is found to exist between any candidates, and the addition of .....
Tag this Judgment!Court : Allahabad
..... intending for promoting economic growth has to be interpreted liberally and the object for granting the exemption should not be defeated.16. the object of section 4-a of the act is to encourage entrepreneurs to make further investments for the growth of the industry and the production and providing the benefit to the existing units, ..... in the case of commissioner of sales tax v. industrial coal enterprises, reported in (1999) 2 scc 607, the apex court has held that section 4-a of the act provides exemption from tax for the purposes of encouraging production of goods and promoting development of industry. the construction should be reasonable and purposive and ..... the first sale was dated 3 rd may, 1993. the initial fixed capital investment was rs.99,54,118/=. the applicant applied for exemption under section 4-a of the act. the application was allowed and an eligibility certificate bearing no.710, dated 1.7.1995 was issued. the applicant-unit had undergone for diversification. thereafter .....
Tag this Judgment!Court : Allahabad
..... and another (2003) 6scc 186 the supreme court was seized with the consideration of the expression sixty days from the date of that order used in section 48-aa of the advocates act, 1961 which confers power of review upon the authority concerned. the court held that where the law provides a remedy to a person, the provision has ..... court had an occasion to consider the question as to the starting point of limitation in a case under the land acquisition act.36. it was a matter concerning a reference under section 18 of the land acquisition act which provides for a limitation of six months from the date of collector's award for seeking a reference provided the ..... payment of income-tax dues the property was auctioned.14. the procedure for recovery of income-tax dues has been provided in sections 222 to 276 of the act read with rules contained in schedule ii of the act. attachment and sale of the defaulters immoveable property is one of the modes for recovery of income-tax dues from the defaulter .....
Tag this Judgment!Court : Allahabad
..... the station master and an authorised officer after checking the serial numbers and quantity will seal all the feed back cards and will hand over the same to the computer section of the railways who maintains the record of the contractor supplying the bedrolls and linen. for that purpose, a software will have to be developed at the earliest.(7) that ..... opposite-party no.3 had not submitted the tender, details of work which they have done.7. learned counsel further submits that the opposite-parties no.1 and 2 have acted illegally and in an arbitrary manner by denying the contract to the petitioner by violating the tender procedure laid down in clauses 3,5,6 and 8 of the tender .....
Tag this Judgment!Court : Allahabad
..... against which an appeal can be filed before the settlement officer consolidation where after a revision can be preferred before the deputy director of consolidation under section 48 of the act.24. the powers to be exercised by the authorities are clearly defined . the settlement officer consolidation can set aside a provisional consolidation scheme and ..... officer . the revisions which had been filed against orders of allotment are stated to be pending . with the exercise of suo-motu powers under section 48 of the act, all such proceedings have been initiated without any decision which has been undertaken on the judicial side. in such circumstances in my opinion if the ..... away proceeding to exercise his powers suo-motu annulling all proceedings. the district magistrate is also exercising the power of deputy director of consolidation under section 48 of the act and if the revisions were pending on the judicial he could have decided the same on the basis of the material before him including the .....
Tag this Judgment!Court : Allahabad
..... as it was a forged list. to substantiate his submissions, sri murlidhar yadav further stated in his objection that proceedings had been undertaken under section 25 of the societies registration act in misc. case no.39 of 1987 which was ultimately dismissed in default where also no such objection or list of 69 members had ever ..... the statutory authority, namely the joint director of education who is the authority enjoined to decide such a dispute under the provisions of section 16-a (7) of the u.p. intermediate education act, 1921.the argument of sri gajendra pratap that the order dated 18.5.2010 is without jurisdiction, therefore, is a plea worth ..... of management of sri yadvesh inter college, nauperwa, district jaunpur, which is an institution governed and recognized under the provisions of the u.p. intermediate education act, 1921. the institution is managed through a scheme of administration which makes a provision for the election of the committee of management.2. the background of the .....
Tag this Judgment!Court : Allahabad
..... the respondent nos. 1, 2 and 3 has also adopted the same arguments. 4. the dispute relates to the allotment of chaks at the stage of section 20 of the u.p. consolidation of holdings act, 1953.5. the chequered history of the case has already been detailed in the writ petition and need not be reproduced again. the limited controversy that .....
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