Court : Allahabad
..... can finally be acquired either by having a "certificate of registration" or by a "certificate of naturalization", if the candidates fulfill the conditions of section 5 or section 6 of the citizenship act, 1955 as the case may. naturalization is the mode for acquisition of the citizenship by somebody who was not a citizen of that country when ..... purposes of record by the issuing authority. 9.undoubtedly, in the instant case the respondent no. 1 has obtained the certificate under section 5, and not under section 6 of the act as stated above. section 6 provides that the certificate of naturalization is required to the person if in the opinion of the central government, the applicant is ..... . she was married to late sri rajiv gandhi, an indian citizen on 25-02-1968. by virtue of marriage with an indian citizen, she has acquired the citizenship on 30-04-1983 by registration under section 5(1)(c) of the indian citizenship act, 1955. 8.it is the main plea of the counsel for the petitioner that .....
Tag this Judgment!Court : Allahabad
..... if any, available for reservation. for example if there are 10 posts and all are to be filled in by direct recruitment, the reservation prescribed in sub-section 1 of section 3 of act, 1994 would be applicable to all the 10 posts but if 5 are to be filled in by promotion and 5 by direct recruitment, for the purpose ..... criteria for two kinds of selection is also different. therefore, by no stretch of imagination it can be held that for the purpose of applying reservation under section 3 of act, 1994 the posts/vacancies as are available for direct recruitment can be clubbed with those which are to be filled in by promotion in order to work out ..... basis of merit in an open competition with general candidates, he shall not be adjusted against the vacancies reserved for such category under sub-section (1). (7) if, on the date of commencement of this act, reservation was in force under government orders for appointment to posts to be filled by promotion, such government orders shall continue to be .....
Tag this Judgment!Court : Allahabad
..... petition is not maintainable at the instance of the petitioner, who is seeking the admission to the unaided institution. a claim to validity of article 15 (5) and section 4 of the act of 2006 can be made only by an unaided educational institution and not by an individual. he submits that out of five hon'ble judges, mr. justice dalveer ..... interim order on 5.5.2009 restraining the university to apply the provisions of reservation in respect to admission to the private unaided colleges in self finance course under section 4 of the act of 2006. there is thus no reason for save admissions to b.p.ed course in private unaided colleges, if any, in the year 2008-09, of ..... a. pai foundation the autonomy of the institution emphasized in r. chitralekha vs. state of mysore air 1964 sc 1823 and p. rajendran (minor) vs. state of madras air 1968 sc 1012 to the effect that he who funds or runs the institutions holds the powers to select students, was discussed and the principle was extended with a caveat, that .....
Tag this Judgment!Court : Allahabad
..... is subject to reasonable restrictions which may be thought necessary in the interest of the general public and one such is the interest of public decency and morality. section 292 penal code manifestly embodies such a restriction because the law against obscenity, of course, correctly understood and applied, seeks no more than to promote public ..... the matter charged as obscenity is to deprave and grab those whose minds are open to such immemorial offences. section 294 of the indian penal code,1860, provides that whoever, to the annoyance of others does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words, in or ..... and purpose and the circumstances under which the said act has been performed and the same is to be looked into. in the government departments such cultural programmes cannot be permitted in which dance and songs are performed in the manner which arouse the feelings of certain sections of the employees, especially the women employees, .....
Tag this Judgment!Court : Allahabad
..... of the occupier towards each workman in respect of payment of wages, shall, to the extent of the amount paid to such workman under this section stand discharged.? 19. the act is not meant to provide a remedy for the default in payment of wages, when the wage bill of all the workmen is not involved ..... establishments, when the default in payment of wages bills in regard to all the workers of the establishment exceeds rs. 50,000/- (fifty thousand rupees). section 3 of the act provides as under : ?3. recovery of wages in certain industrial establishments as arrear of land revenue.- (1)where the labour commissioner is satisfied that ..... alleged settlement papers. further the petitioner has never paid the compensation for this alleged lay off period as provided under statutory provisions contained in section 6k of the u.p. industrial disputes act, 1947. a number of documents, correspondence, postal receipts showing different dates have been denied or alleged to be fabricated in subsequent paragraphs .....
Tag this Judgment!Court : Allahabad
..... and chits, azamgarh, and taking his assistance. a further direction was issued to the assistant registrar to hold elections simultaneously in terms of sub-section (2) of section 25 of the societies registration act upon determination of the electoral college. this judgment of the learned single judge was accepted by the parties and became final. 12. it ..... firms, societies & chits. the assistant registrar vide letter dated 31.8.1994 forwarded the said claim to be decided by the prescribed authority under section 25 of the 1860 act as upendra rai also set up an alleged claim of elections dated 8.8.1993 as stated in his affidavit dated 18.12.2002. the contention ..... said committee who are none other than the members of the general body of shiksha prasar samiti, siyarahi, mau, the parent society registered under the societies registration act, 1860. 2. the orders under challenge in this writ petition are dated 25.8.2009 passed by district inspector of schools finalizing the electoral college and .....
Tag this Judgment!Court : Allahabad
..... the date of hearing and even not before the report was forwarded by the advisory board. hence there is violation of mandatory provision of section 10 of the national security act. 19. in view of the aforesaid discussion, it is clear that the attitude of the office of district magistrate was lethargic and without ..... magistrate was required to ensure to forward the representation to the authorities concerned expeditiously without any delay. he further contended that in view of section 10 of the national security act the representation should have been placed before the advisory board within three weeks, however, the same was not placed before the advisory board, ..... and shall afford him the earliest opportunity of making a representation against the order." 10. section 8 of the national security act is identical to the provisions of article 22(5). under section 10 of the national security act it has been provided that the appropriate government within three weeks from the date of detention .....
Tag this Judgment!Court : Allahabad
..... that management passed a resolution placing respondent no.7 under suspension on 03.09.2004. it is also not in dispute that in exercise of power under section 35(2) of "the state university act, 1973", the vice-chancellor stayed order of suspension of respondent no.7 on 19.10.2004. this order of vice chancellor had continued thereafter having not been ..... .2004, restraining the payment of salary without leave of the court. 10. the order of suspension was stayed by vice chancellor in exercise of power under section 35(2) of the u.p. state university act, 1973 on 19.10.2009. it is said that after stay of the order of suspension any proceedings conducted by the respondent no.8 dr. phool ..... respondent no.7 in law continue as principal of the college having such powers which were to be looked on by principal. the respondent no.8 could not have thus acted otherwise act as principal of the college on and after 19.10.2004. on 24.10.2004 as also 26.11.2004, when the interview was held and the letter of .....
Tag this Judgment!Court : Allahabad
..... "licence fee" means a sum fixed in consideration of the grant of the licence for exclusive privilege for selling of foreign liquor in a retail shop under section 24-a of the act as fixed by the excise commissioner in consultation with the state government from time to time for the whole excise year or part thereof." the next relevant ..... by the excise commissioner from time to time. location of shop shall be as per the provisions of "uttar pradesh number and location of excise shop rules, 1968" as amended form time time : provided that the state government or excise commissioner may create new shops during an excise year on demand of the licencing authority ..... of licences, permits, passes of storage and for different areas. (2) ... ...." 13. the next relevant provision is the uttar pradesh number and location of excise shops rules, 1968. under rule 2 (a), 'shop' has been defined to mean 'a retail shop for vend of country liquor, foreign liquor, beer and bhang'. to better understand the issue, .....
Tag this Judgment!Court : Allahabad
..... fact and material was dismissed by opposite party no.1 by order dated 12.2.2009 same is perfectly valid and in accordance with the law as provided section 38 of act read with order xiv rule 2 c.p.c. so i do not find that any illegality or infirmity is committed by opposite party no.1 in not ..... by the petitioner that in view of the provision of section 2(1) (f) of the act , rent control act is not applicable. however, without considering the same , in most illegal and arbitrary manner, additional district judge, lucknow/ opposite party no.7 vide order ..... objections, opposite party no.1 by order dated 12.2.2009 released the premises in question in favour of opposite party no.2 challenge by way of revision under section 18 of the act , registered as revision no. 2 of 2009 (rachna baijal v. rent control and eviction officer/ city magistrate lucknow and others) and the main plea/stand taken .....
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