Court : Allahabad
Reported in : 2007(78)AWC2221
..... that this court may examine the legality of the electoral college notified by the assistant registrar under his order dated 3.12.2005, inasmuch as no factual dispute is being raised and only legal question with regard to interpretation of clauses 4 and 7 of the registered by bye laws as well as binding nature of the order of the prescribed authority dated 12.5.1995 and of civil courts has to be examined.15. sri anil tiwari, counsel for the petitioner in ..... findings have gone against sri krishna tiwari, therefore, the assistant registrar was not justified in excluding such members from the electoral college on the basis of the interpretation placed on clause 7 as contended by sri krishna tiwari. ..... . 7 has already been repealed by the civil court, and in view of such determination, no interpretation to the contrary could have been made for rejecting the claim of valid members of the general body, as has been done under the order of the assistant ..... judgment of the civil court relied upon by sri ashok khare for the purposes of contending that the interpretation placed by the assistant registrar on bye laws no ..... . similarly, the interpretation to be placed upon the language of section 7, including the conduct of the members of the general body who may have acted upon various facts as alleged by sri ashok khare, can also be appropriately examined by ..... various suit proceedings initiated by sri krishna tiwari before the civil court, the issue with regard to interpretation of byelaws no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All728
..... words, 'the high court of judicature at allahabad' are used in the act they may be interpreted to refer to the new high court but it is quite a different thing to say that whatever the old high court was required to do has to be done over again by the new high court as the result of this interpretation and clause 17 (c).the provisions of the act which require the high courts to which, it applies, ..... 'subject to any provision that may be made on or after the appointed day with respect to the new high court by any legislature or authority having power to make such provision' (see clause 18).as the amendment act has been held to be 'ultra vires' and as no other provision has been made by any legislature or authority having power to make such provision, the amalgamation order ..... ' therefore those provisions are not affected at all by clause 17 (c) and there arises no question of the new high court's doing again or afresh what the old high court was required to do; the clause simply interprets the words 'the high court of judicature at allahabad', ..... ; for the clause ought to be regarded as a last resource, a witness to the imperfections of human expression and the fallibility of legal draftsmanship.it has been shown that if each legislative power is given its widest meaning, there is a common territory shared between them and an overlapping of jurisdictions is the inevitable re-suit; and this can only be avoided if it is reasonably possible to adopt such an interpretation as would assign .....
Tag this Judgment!Court : Allahabad
Reported in : 1954CriLJ1485
..... whenever the words, 'the high court of judicature at allahabad' are used in the act they may be interpreted to refer to the new high court but it is quite a different thing to say that whatever the old high court was required to do has to be done over again by the new high court as the result of this interpretation and clause 17(c).the provisions of the act which require the high courts to which it applies, to do certain acts use the words ..... order is to have effect 'subject to any provision that may be made on or after the appointed day with respect to the new high court by any legislature or authority having power to make such provision' (see clause 18).as the amendment act has been held to be 'ultra vires' and as no other provision has been made by any legislature or authority having power to make such provision, the amalgamation order remains in force. ..... and the federal power prevail; for the clause ought to be regarded as a last resource, a witness to the imperfections of human expression and the fallibility of legal draftsmanship.it has been shown that if each legislative power is given its widest meaning, there is a common territory shared between them and an -overlapping of jurisdictions is the inevitable result; and this can only be avoided if it is reasonably possible to adopt such an interpretation as would assign what would otherwise be ..... the clause simply interprets the words 'the high court of judicature at allahabad', and does not confer any powers upon the new .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ1309
..... in view of the discussions made above, in our opinion , the code does not envisage disposal of the bail application same day and in that situation to release the accused on personal bond except sub-clause (2) of section 437 where the magistrate if comes to the conclusion that charges levelled against the accused do not make out any non-bailable offence only in that event the accused certainly can be released ..... issuance of such direction is not only contrary to law but also amounts to innovation of law by the court under the garb of interpretation, which certainly is not the function of the court, and therefore the view taken in noor mohammad's case (supra) be maintained overruling the dictum laid ..... sri rakesh dwivedi, learned additional advocate general, uttar pradesh contended that except the cases falling within the purview of sub-clause (2) of section 437 of the code, ,in the cases of heinous offences it cannot be possible for investigating agency to collect all relevant materials within twenty-four hours, such as in the cases punishable under ..... those rulings do not add anything to those constitutional provisions but a broader interpretation of those provisions has so rightly been projected by the hon'ble apex ..... this provision is further expanded by the apex court while interpreting this clause in sheela barse v. ..... in former case, the word 'life' occurred in article 21 has been interpreted and the same has been construed to be a life of dignity as a civilised human being and not .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All96; 1971CriLJ354
..... the question raised before this full bench depends upon the interpretation of clause 14 of the u. p. ..... of the question where the offence was committed or where the cause of action for a suit ensued, what has to be seen while interpreting the first proviso to clause 14 is as to which are the cases that arise in oudh for purposes of exercise of jurisdiction by the new high court. ..... rex : air1952all550 it was held by a division bench sitting at lucknow as follows:--'our reading of the article''-- that is clause 14, 'is that in the scheme of the high courts amalgamation order the new high court is to consist of, so to say, two divisions, one division consisting of such judges of the new high court not less than two in ..... the dispute cropping up originally in oudh, an interpretation which does not appeal to me. ..... the submission is that such an interpretation would militate against the provisions of article 214 of the constitution which provides that there shall be one high court in a state the amalgamation order was passed before the present constitution was ..... the first proviso to clause 14 therefore, provided that notwithstanding the main clause of clause 14, in cases arising in such area in oudh as the chief justice may direct, the judges sitting at lucknow shall alone ..... in view of the first proviso to clause 14, it must be held that the judges or the bench sitting at lucknow was to exercise jurisdiction of the new high court in respect of cases arising in such area in oudh as the chief .....
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
..... on the floor of the house for indicating a leader of any party who could be appointed as chief minister, it is also contended that there is no colourable exercise of power in issuing the impugned proclamation article 356(1), clause (a) as well as clause (b) have been rightly invoked by the president in the facts and circumstances prevailing in the state of uttar pradesh, it is also submitted that the satisfaction of the president on the point that a situation had arisen in ..... . jain, learned advocate, appearing for petitioners, who by their legal acumen, polite and ingenious arguments enlightened this court in adjudication of the unprecedented questions and constitutional interpretations involved in these petitions.136 thus, from the foregoing discussions this court arrives at the final conclusion that the impugned presidential proclamation dated 17th october, 1996 reimposing the ..... form the government, pointing out that possibility of a stable government under the present situation was not possible, therefore, he has not invited single largest party to form the government, appears to be, in consonance with the provisions of clause (2) of article 164 of the constitution, which speaks that the council of ministers shall be collectively responsible to the legislative assembly of the state meaning thereby prima facie, it must be convinced to the governor that in whom ..... while interpreting the clause (5) of article 356 the rule of interpretation laid down in heydon's case ( .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All320
..... the decision in the case turned upon the interpretation of clause (e) of rule 9 (xi) of chapter i of the then rules of this court (1931) under which the registrar had the power to send the decrees and other ..... this brings us to the next point involved in the case, namely, the one relating to the interpretation of the proviso to rule 90 of order xxi of the code, which has already been extracted in ..... 90 was heard by the civil judge on this preliminary point raised on behalf of the decree-holders and rejected on account of non-compliance with the provisions of clause (b) of the aforesaid proviso within thirty days of the sale under his judgment, against which the appellants have filed the other appeal. no. ..... , 50 of 1960 is concerned, it will have to be allowed in so far as the civil judge could not dismiss the objection filed by them under rule 90 for non-compliance of clause (b) of the first proviso within the prescribed period of limitation prescribed for the filing of the objection under rule 90.42. ..... the decision in the case, therefore, rests upon the interpretation of section 39 which vests jurisdiction in a court to transfer a decree for execution to any other court and it is in the light of the provisions of this section that rules 5 and 8 of order 21 of the code ..... when the appellants filed their objection under rule 90 aforesaid, they did not deposit any amount under clause (b) of the aforesaid proviso, nor did they furnish security or obtain exemption from the court under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1958All652
..... the question we have to consider turns upon the interpretation of clause 14 ef the amalgamation older. ..... to be the high court of allahabad which was exercising jurisdiction in relation to the province before the commencement of the constitution.had it been the intention that the bench contemplated by the first proviso to clause 14 of the amalgamation order would function exactly like the former chief court of oudh and would have the same exclusive jurisdiction over the area of oudh, no amalgamation would have been made at all, ..... have been filed, heard and dealt with by the court at allahabad, because that was the principal place of sitting of the new court.for providing convenience to the residents of oudh, however, the first proviso to clause 14 was enacted, and it was laid down in it that at least two of the judges of the new high court shall sit at lucknow in order to exercise, in respect of cases arising in such areas in oudh as ..... does not follow that the court at allahabad is restricted with regard to the cases in respect of which it exercises jurisdiction to such cases as arise elsewhere in the uttar pradesh.the first proviso to clause 14 is concerned with the juiisdiction of the lucknow bench; the important words are not that it shall exercise the jurisdiction and powers for the time being vested in the court but that it shall ..... if correctly interpreted the propositions that follow from clauses 3 and 14 of the amalga-mation order appear to be these:(1) the new high court is one .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]52SCL303(All)
..... the decision on the question of jurisdiction depends upon the interpretation of clause 14 of uttar pradesh high court amalgamation order, 1948 and validity of the orders of the following dates passed by chief justice under aforesaid clause 14.26-7-194815-7-19495-8-19754-1-200314-1-2003clause 14 is quoted below ..... the supreme court while interpreting the first proviso to clause 14 of the amalgamation order held that the power of the hon'ble chief justice to direct (specify) the areas of oudh, the jurisdiction in respect of cases arising wherein may be exercised by judges sitting at lucknow, may be ..... the order passed by the lucknow bench dated 12-12-2001 may be interpreted to be a final order of winding up and the word provisional liquidator may have been used ..... 'the amalgamation order, 1948 was interpreted by the hon'ble supreme court in the authority in ..... detailed order and directed the registry to place the records of the case before hon'ble chief justice for appropriate orders for 'considering whether a formal order under clause 14 should be passed directing that this case shall be heard at allahabad'. ..... it is most unfortunate that orders passed by chief justice under clause-14 of the amalgamation order which affect the jurisdiction of allahabad and lucknow are not collectively kept in a ..... for some of the respondents has placed before the court all the aforesaid orders of hon'ble the chief justice passed under clause/para-14 of uttar pradesh high court amalgamation order, 1948. .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC371
..... while interpreting sub-clause (3) of the rule 10 of the rules of the court the division bench also observed :'it is relevant to notice that at the time of framing of aforesaid rules, the staff of high court was being paid the pay scales of state government and not the central government, therefore, after the policy decision of government of uttar pradesh to pay the scales of central government the terms of 'state government' referred in sub-clause (3) quoted above, be ..... while interpreting the second proviso to sub-rule (2) of rule 40 of the allahabad high court officers and staff (conditions of service and conduct) rules, 1976, which were made by the chief justice of the high court in exercise of the power conferred by clause (2) of article 229 of the ..... , we can impart such vague principles while interpreting the provision of law. ..... of this high court has forwarded 'the allahabad high court private secretaries (conditions of service) rules, 1998' framed by the hon'ble the chief justice in exercise of the powers conferred under clause (2) of article 229 of the constitution of india, to the state government for according approval. ..... the hon'ble supreme court held :'clause 4 and 3 of the letter patent of the calcutta high court as amended in 191.9 given the power of appointment of the staff and the removal of the staff ..... taking a cue from the proviso to clause 2 of article 229 of the constitution of india, it was contended that until the unless a rule is made which is approved by the .....
Tag this Judgment!