Court : Allahabad
Reported in : (1998)2UPLBEC1280
..... constitution of that committee shall also be in accordance with the provisions of section 7 of the u.p. act no. 4/94. this act does not supercede or does not make any amendment in section 31 of the u.p. state universities act. the amendment in the constitution of the selection committee cannot be mace by the govt. order. executive instructions, bye-laws, ..... reference to the facts of this case.9. by the ordinance no. 2 of 1993 an amendment was sought to be brought in the u.p. public service (reservation for backward classes) act, 1989 (u.p. act 21 of 1989). by reason of the said amendment in effect only the percentage of reservation of backward classes was changed viz. from 15 and 10 ..... 22.4.1994. two of the points involved in the said case were '(3) whether the vacancies which arise before coming into force the amendment, will be covered by the u.p. act 4 of 1994? and (4) whether the provisions of u.p. act 4 of 1994 does not apply to-the case of universities, to which u.p. state universities .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All1; [1971]27STC402(All)
..... in the instant case, however, once full effect is given to the retrospectively (sic) of section 6 (1-a) and the other related provisions introduced by the amendment act it cannot be legitimately disputed that the adequate machinery exists for the assessment and collection of the tax. the effect of bringing the impugned provisions into retrospective operation is ..... ground that by its retrospective operation it infringes article 14 of the constitution must fail.31. the last contention of the petitioner is that section 10 of the amendment act violates article 14 of the constitution inasmuch as it exempts from liability only those dealers who had not collected tax on inter-state sales between november 10, ..... is 2 per cent, but if the benefit of that low rate is offset by the freight which a merchant in another state may have to pay for carrying that commodity over a long distance, the merchant would be willing to purchase the goods from a nearer state even though the rate of tax in that state .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All205
..... all elected and nominated members with effect from the date mentioned in the orders and notifications issued on behalf of the state government under the lucknow university (amendment) act, 1957 or the statutes framed thereunder, that is to say it legalised those orders and unless the validity of this ordinance is challenged on the ground ..... lucknow university, allahabad university, agra university and gorakhpur university. in the present case we are concerned only with the amendment so far as lucknow university is concerned. by clause 4 of that ordinance the lucknow university (amendment) act, 1957 was amended by making the following alterations :(1) in sub-section (2) of section 11 for the word 'twelve' ..... the legislature to the effect that the pending suit would also be affected, new legislation would not affect the pending cases. by an amending act of assam money lenders act, it was provided 'that no money lender shall, in respect of any loan made before or after the commencement of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All716
..... drive one irresistibly to the conclusion that where the transaction is embodied in one document the transaction does not, as a result of the proviso added by the amendment act of 1929, necessarily become a mortgage by conditional sale irrespective of the intention of the parties.155. for the reasons given above i am constrained to express my ..... also be interpreted in the light of the definition of the same given in clause (a). it is significant that clause (f), which was subsequently added by the amendment act of 1929 and which instead of using the word 'mortgagor' used in the preceding clauses uses the words 'a person' qualifying the same words 'with intent to ..... bench. the case has accordingly come up for hearing before us.61. the learned counsel for the appellanthas argued that the effect of the proviso added toy the amendment act of 1929 has been to provide a conclusive test for determining the question whether a transaction is a mortgage or sale. according to him, if the condition .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All753
..... not within the powers of the municipal board to frame and is, there-fore, ultra vires of the municipal board.58. lastly, bye-law no. 9, as amended by amendment no. 4 of the amendments published in notification no. 4100/xiii-83(3)-49 in the u. p. gazette, dated the 31st march 1951, provides a penalty up to rs. 250/- for ..... against the municipal board in the court of the civil judge of allahabad under order 1 rule 8 of the code of civil procedure representing the butchers and the hide merchants and praying for an injunction to restrain the defendant board from enforcing the impugned bye-law. it is argued that as it is a representative suit the applicant is ..... bye-law is 'ultra vires' of the municipal board of allahabad.24. another argument on behalf of the applicant was that these amendments have been made under section 298- f(d) and j (d) of the municipalities act and as under none of these provisions the impugned bye-law of prohibition of slaughter of bulls, bullocks, cows and calves can fall .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)AWC2302
..... not permissible. section 43 (2) (r) could be invoked only in respect of suit which had already been instituted and pending on the date of commencement of the amendment act.20. a division bench of this court in the case of jadishwar sahai v. surajan singh pal. 1977 awc 503, also held that the original section 43 (2) ( ..... (l), clause (m) or clause (o) may be instituted after the commencement of this act.'18. this clause was then amended by the u. p. civil laws amendment act (u. p. act no. 37 of 1972) which came into force w.e.f. 20.9.1972. the amended clause (r) is reproduced below :'any suit for the eviction of a tenant instituted with the ..... 15.7.1972 or 20,9.1972 respectively. clause (r) as it stood before its amendment was applicable only to suits pending immediately before the commencement of the new act. amended clause (r) is applicable to suits pending before the date of commencement of the amending act, i.e., 20.9.1972. the resultant effect ofthese provisions is that only the suits .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]123STC430(All)
..... the omitted section 4-b(6) is saved and the penalty proceedings initiated by the assessing officer cannot be said to be without jurisdiction.10. further by the same amending act, viz., u.p. act no. 31 of 1995, section 4-b(5) was substituted and clause (b) of the substituted section 4-b(5) contained similar provisions which was there in the ..... the final order was also passed by him in the same month of march, 1996 when section 4-b(6) of the act was not on the statute book having been deleted by u.p. sales tax (amendment) act, 1995 (u.p. act no. 31 of 1995) with effect from may 14, 1994. thus the proceedings for imposition of penalty under section 4-b ..... is assumed that the notices could not have been issued under section 4-b(6) of the act, since it had been omitted by u.p. act no. 31 of 1995 with effect from may 14, 1994. section 4-b(5) was substituted by same amending act with effect from the same date and it contained the similar provision as was contained in the .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC2181
..... valuation did not exceed rupees one lac. in view of jupitor chitfund (p.) ltd. (supra) the u. p. amendments are clearly inconsistent with the section 115 as amended by the c.p.c. amendment act, 1999 and thus the u. p. amendments have been repealed. in commissioner of income tax, bangalore v. smt. shardamma (supra) supreme court held that it is ..... decision by the same forum is not a vested right, and that a reading of the saving clause 32 (1) (i) of the c.p.c. (amendment) act, 1999, shows a different intention with regard to the pending revisions. according to him, the pending revisions are not saved by section 32 of the ..... this provision, according to respondents, only saves the revisions which have been finally disposed of. the intention of the amending act, it is submitted, does not appear to save the revisions under the said amendments, which have been repealed under section 32 (1) of the amending act no. 46 of 1999. the other provisions of the saving clause, namely, sub-sections (f), (j) .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All1
..... , as originally filed, was described as follow :--'rajendra prasad oil mills, kanpur, through the director bishan dayal, son of lala kishori lal....'as a result of an application for amendment, which was allowed, the description of the defendant was modified as follows :--'rajendra prasad oil mills, kanpur; through -- (1) bishan dayal, son of l. kishori lal,(2 ..... the defendant must then appear in his own name. (order 30, rule 6). it is to be held that a decree obtained by such a producer or merchant in a suit instituted against the assumed name is void decree, it would lead to manifest hardship, would open up a wide door to fraud and would sap ..... is, therefore, impossible to accept the contention that an incorporated company, which has been specifically included in the definition of the expression 'person' in the general clauses act, must, nevertheless be construed as excluded from the purview of the expression 'person' in rule 10 of order 30 of the code of civil procedure, even though there .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All100; 1968CriLJ281
..... to get over the effect of these two decisions, the expression 'public order' was inserted in article 19(2) of the constitution by the constitution (first amendment) act, 1951, with a view to bring in offences involving breach of purely local significance within the scope of article 19. .....' summing up the position as he ..... court in supdt., central prison, fatehgarh v. ram manohar lohla : 1960crilj1002 , when dealing with the wording of clause (2) of article 19 as amended by the constitution (first amendment) act, 1951, it fell to be decided what 'public order' meant, subba rao, j. speaking for the court referred to all earlier rulings and quoting ..... exclude each other. 'public order' is therefore something which is demarcated from the others. in that limited sense, particularly in view of the history of the amendment, it can be postulated that 'public order' is synonymous with public peace, safety and tranquillity.' 20. the conclusions deducible from these decisions appear to be these .....
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