Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... provided by various states of the country on the basis of institutions or residences. in some of the states like assam, tamil nadu, goa, karnataka there is 100% reservation on the basis of residence. accordingly in case a candidate has done their graduation medical courses from these states they may ..... 81.'prescribed' means prescribed by the statutes;'registered graduate' means a graduate of the university registered under the provisions of this act or under any enactment repealed by this act;'statutes', 'ordinances' and regulation' means receptively the statutes, ordinances and regulation of the university;'university' means an existing university or ..... 1995 be called doctor bhimrao ambedkar university, agra], gorakhpur, [which shall with effect from the date of commencement of the uttar pradesh state universities (second amendment) act, 1997 be called deen dayal upadhaya gorakhpur university, gorakhpur] kanpur [which shall be called shri sahu ji maharaj university, kanpur with effect from .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC460; 2005(4)ESC2449
..... n)...(2)the first ordinances shall be made by the vice-chancellor. with the previous approval of the central government and the ordinances so made may be amended, repealed or added to at any-time by the executive council in the manner prescribed by the statutes.'12. in view of the said provisions, admission to ..... and order passed thereunder cease to have application on parliamentary enactment, unless they are saved by the parliamentary act. reference- : [1998]3scr740 ; medical council of lndia v. state of karnataka and ors. (paragraph 24, 25, 2c, 27 and 28). : [1997]2scr12 ; panchugopal barua and ors. v. umesh chandra goswami and ors. (paragraph-12), learned counsel ..... the judgment of hon'ble supreme court reported in the case of p. mahendran v. state of kamataka; 1990(1) scc 441 and anti devin kutty v. karnataka public service commission reported in : (1990)iillj456sc . on the strength of the said judgment it is submitted that change in the reservation policy subsequent to the commencement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All187; 2005(3)AWC2587
..... record my disagreement with the ratio decided therein. thus from the foregoing reasons it appears that revision is maintainable before the learned district judge.'13. the division bench of karnataka high court in smt. subhasini's case (supra) has also taken the view that the revision is maintainable under section 115 of the code of civil procedure against ..... the high court to call for record of any case which was decided by any court subordinate to such high court. section 115 code of civil procedure has been amended by u.p. act no. xiv of 2003 after presidential assent which is enforced with effect from 22.3.2003. the relevant provision regulating the revisional jurisdiction in ..... under section 115 of the code of civil procedure hence the order is liable to be set aside. it is contended that the power of revision after the amendment made in the code of civil procedure with effect from 1st july, 2002 can only be exercised by the high court and the district court has no jurisdiction .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2470
R.B. Misra, J.1. Heard Sri Manoj Kumar Sharma, learneed Counsel for the petitioner and Sri H.R. Mishra, learneed Counsel for the respondent, Ghaziabad Development Authority. 2. In this petition prayer has been made to quash the order dated 4.1.99 passed by respondent/Ghaziabad Development Authority and for writ of mandamus directing the respondent authority to regularise service of the petitioner from 1.1.88 to the class IV category i.e., to the post of peon or Security Guard and for payment of arrears of salary in the regular pay scale like other employees since the month of March, 1994.3. Brief facts necessary for adjudication of the writ petition are that the petitioner was deployed as a daily wager peon since 1.1.88 and had continued to work in the said capacity from time to time with break. He filed Writ Petition No. 34733 of 1992 claiming relief of reguiarisation and for granting the regular pay scale in view of the Government Order dated 21.10.1989 claiming that some juniors to ...
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC736
..... the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered ..... , repealed or amended by a competent legislature or other competent authority.explanation.-in this section, to expression 'appropriate government' means as respects any law relating to a matter enumerated in the union list, .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC1761; (2002)3UPLBEC2024
..... power under article 368 of the constitution, wherein by non-obstante provisions, it is provided that parliament has exclusive legislative power to amend the constitution by way of addition, variation or repeal any provision in accordance with procedure laid down under sub-article (2) of the said article in the constitution. under article 254 ..... wrong can be remedied by filing election petition under section 12c of u.p. panchayat raj act whereas in same situation in garb of newly inserted amendment by amending act no. xxi of 1998 for improper acceptance or rejection of nomination, a proceeding can be initiated by making a complaint against scheduled castes, ..... male and female belonging to general castes, scheduled castes, scheduled tribes and backward classes and an argument contrary to it is unacceptable. the newly inserted amendment by amending act no. 21 of 1998 by state legislature creating two forums one for general caste and other for scheduled caste, scheduled tribe or backward class .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC562
..... constitution, all the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein, until altered or repealed or amended by a competent legislature or other competent authority. (2) for the purpose of bringing the provisions of any law in force in the territory of india ..... any law after the expiration of (three years) from the commencement of this constitution ; or (b) to prevent any competent legislature or other competent authority from repealing or amending any law adapted or modified by the president under the said clause,' 21. counsel for the petitioners has referred to entry 18 of list 2 (state list ..... petitioner is assumed to be the bhumidhar, of that land.'25. the provisions of u. p. zamindari abolition and land reforms act, in no manner alter, amend or repeal the provisions of indian forest act, 1927. the u. p. zamindari abolition and land reforms act was enacted to provide for the abolition of the zamindari system .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1757; (2004)2UPLBEC1235
..... office by contesting the election wherein the entire voters of nagar palika, sikohabad participated. the act 1916 stood amended by the u. p. municipalities (amendment) act, 2001, by which the provisions of section 87a stood repealed/omitted. the said provision provided for procedure of removal of a chairman by moving a no-confidence motion ..... reiterated in union of india and anr. v. mustafa and najibai trading co. and ors. : 1998(101)elt529(sc) ; dr. j. shashidhara prasad v. governor of karnataka and anr. : air1999sc849 ; m.c. mehta v. union of india : [1999]3scr1173 and designated authority (anti dumping directorate) , ministry of commerce v. haldor topsoe a ..... have been enacted for removal of officebearers under the u. p. panchayat raj (removal of pradhans, up-pradhans and members) enquiry rules, 1997, further amended by amendment in 2001. the said rules prescribed a detailed procedure of framing the charges; giving the copy thereof to the elected office, bearer; seeking his explanation, .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1066; (2004)1UPLBEC684
..... the rival submissions made by the learned counsel of the parties and perused the record.10. the act 1916 stood amended by the u. p. municipalities (amendment) act, 2001, by which the provisions of section 87a stood repealed/omitted. the said provision provided for procedure of removal of a chairman by moving a non-confidence motion. therefore; ..... by bringing the aforesaid amendment in the act, it is clear that the state legislature felt it necessary to safeguard the interest of the chairman ..... of a committee, or member, or in any other capacity whatsoever, has, whether before, or after the commencement of the uttar pradesh urban local self-government laws (amendment) act, 1976, so flagrantly abused his position, or so wilfully contravened any of the, provisions of this act or any rule, regulation or bye-law, or .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)10VST23(All)
..... of the commodity has remained the same and it has not been put to any process or manufacture whatsoever.10. in the case of sterling foods v. the state of karnataka and anr. reported in 63 stc, 239 dealer was involved in purchasing of shrimps, prawns and lobsters and have exported them after processing them by cutting head and tails, ..... in 46 stc, 63, chowgule & co. pvt ltd. and anr. v. union of india and ors. reported in 1981 uptc, 702, m/s sterling foods v. state of karnataka and anr. reported in 1986 uptc, 1236, high court held that the conversion of boulders into gitti did not amount to 'manufacture'. it is this view of the high court ..... customers purchases them as a green vegetables and fresh fruits. thus, merely because they are tinned they do not ceases to be fresh fruits and green vegetables. the subsequent amendment of the entry by the notification no. 595 dated 06.4.1999 excluding processed and branded fresh fruits sold in a sealed tinned container from the entry 'green vegetables .....
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