Court : Allahabad
Reported in : 2007(4)AWC3926
..... and 33-f, every appointment of a teacher shall, on or after the date of commencement of the u.p. secondary education services selection board (amendment) act, 2001 be made by the management only on the recommendation of the board:provided that in respect of retrenched employees, the provisions of section-ee of the intermediate ..... and specifically refers to regulations 55 to 62 of chapter-iii of the regulations framed under section-16(g) of the u.p. intermediate education act, 1921. for ready reference the amended section-16 reads as follows:16. appointment to be made only on the recommendations of the board.- (1) notwithstanding anything to the contrary contained ..... grade in accordance with the regulations made under sub-section (4) of section 9 of the said act(2) any appointment made in contravention of the provisions of sub-section (1) shall be void.11. thus under the amended section-16, following six modes of appointment are contemplated:(a) by way of direct recruitment through .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)ARC2241
..... parties have cited rulings (see endnote-9) for the proposition whether prior sanction of the president is necessary or not for the amendments in the act but in view of our finding regarding scope of part xiii of the constitution, it is not necessary to decide this submission.33. the scope of part ..... the state government to include or exclude any agricultural produce from the list of agricultural produce. section 4-a of the act empowers the state government to add, amend or omit any of the items of the agricultural produce mentioned in the schedule. tobacco is mentioned as agricultural produce in the schedule by the ..... trade and commerce within territory of india;. this amendment was made without previous sanction of the president of india.32. the act as it was originally enacted was passed with the previous sanction of the president. however no previous sanction of the president was obtained before amending it by up act no. 12 of 1987. the counsel for the .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1093
..... ). this was further replaced by the indian patents and designs act, 1911 (act no. 2 of 1911). in 1967, the government of india, introduced a patent bill that culminated in the patents act, 1970 (the patents act). the patents act has been amended by three amending acts, namely:(i) act no. 17 of 1999; (ii) act no. 38 of 2002; (iii) act no. 15 of 2005.34. patents can be granted ..... for inventions. the word 'invention' (section 2(1)(j) of the act) read with the word 'inventive step' (section 2(1 .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)ILLJ119All
..... a representation on the proposed penalty was to be found in clause (2) of article 311 prior to its amendment by the constitution (forty-second amendment) act. this right having been taken away by the constitution (forty-second amendment) act, there is no provision of law under which a government servant can claim this right.21. the apex court ..... of the apex court in the case of union of india and anr. v. tulsiram patel : (1985)iillj206sc , while considering the constitution (forty second amendment) act, 1976, which substituted clause (2) of article 311 with effect from 1.1.1977, had, in paragraph 68 of the report, held as follows:68....the ..... disciplinary authority, the proposed punishment has to be mentioned or not, we find that after the constitution (forty second amendment) act, 1976, the provision of article 311 of the constitution of india has been amended and after the amendment, it is not necessary that the proposed punishment should also be mentioned in the show cause notice to be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2007All116; 2007(2)AWC1350
..... on the issue which has arisen in the present writ petition. the following observation was made in paragraph 30 of the judgement:30....furthermore, section 30, after amendment by the, amendment act, 2000, gives a right to any person aggrieved by an order of the recovery officer, to prefer an appeal to the tribunal. thus now an appellate forum ..... delhi high court bar association and ors. ii (2002) slt 552 : 96 (2002) dlt 726 (sc) : ii (2002) backward class : [2002]2scr450 . prior to the amendment of the act in 2000, only one appeal was provided for against an order of the recovery officer, and that appeal lay tot he appellate tribunal; whereas since 2000, a first appeal ..... to have been made, by a tribunal. other relevant provision for purpose of this case is section 30 of the act. section 30 of the act has been amended by act no. 1 of 2000. prior to its amendment section 30 provided:30. the orders of the recovery officer be deemed as orders of the tribunal:notwithstanding anything contained in .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(78)AWC2201
..... with the consent of landlord ; (2) he should be in possession immediately before the commencement of u.p. urban building (regulation of letting, rent and eviction) (amendment) act, 1976 which came into force w.e.f. 5th of september, 1976 ; (3) no proceeding for eviction is pending against such person before any court or authority ..... occupation of a building with the consent of the landlord immediately before the commencement of the uttar pradesh urban building (regulation of letting, rent and eviction) (amendment) act, 1976, not being a person against whom any suit or proceeding for eviction is pending before any court or authority on the date of such commencement shall be ..... allotment had also been filed and the vacancy was imminent, the prescribed authority was not justified in making an order of release under section 21 of the act on the basis of compromise. an application according to the above authority can be filed against a sitting tenant. where vacancy had occurred. the question of .....
Tag this Judgment!Court : Allahabad
Reported in : (2009)IVLLJ120All
..... has been extended the benefit of industrial disputes act by adopting the provisions of the said act by reference under section 6(2) of the 1976 act. industrial disputes act, 1947 has been amended by amendment act (46 of 1982). by virtue of section 24 of amendment act, section 6(2) of 1976 act has been omitted but central government has not given ..... effect to said clause as per notification no. s.o.606 (e) dated august 21, 1984. as logical consequence, it will have to be held that section 6(2) of 1976 act ..... be dismissed on june 24, 2005. the aforesaid two orders have been challenged by the petitioners in writ petition no. 10794/2005 by means of amendment application.6. in the meantime the respondent no. 2 has yet again laid a claim before respondent no. 1 under section 15(2) and (3) of .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(2)AWC1705
..... has been preferred and admitted prior to 1.2.1977. such appeals are to be decided as per the law which was then existing as if the amendment vide section 37 of the amending act had not been enforced.19. now on merits of the second appeal.20. the first argument of sri chaudhary is that the civil suit for mandatory ..... dealt with as if the said section 37 had not come into force.16. a plain reading of section 97(2)(m) of the amendment act indicates that the amendment introduced by section 37 of the said act with regard to framing of substantial question of law before deciding second appeals would not apply to the second appeals which have been admitted before ..... the facts and circumstances of the present case as in none of the above two authorities the position of law which existed prior to the enforcement of the amendment act, has been considered and taken into account. both the cases deals with the position of law in respect of second appeals preferred subsequent to the enforcement of the .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)8VST280(All)
..... . 10 of 1897), the governor with effect form the date of publication of this notification in official gazette, is pleased to make the following amendment in government notification no.tt-2-3407/x 1-9(116)/94-act-74/56-order-94, dated october 1, 1994:amendmentin the aforesaid notification for the words 'the tax payable under sub-section (1) and (2 ..... -u.p.act-15/48-order-81, dated september 7, 1981, as amended from time to time:amendmentin the schedule to the aforesaid notification:-(i) in the entry at serial no. 1, in the ..... (1) of section 3-a of the uttar pradesh trade tax act, 1948 (u.p. act no. 15 of 1948) read with section 21 of the uttar pradesh general clauses act, 1904 (u.p. act no. 1 of 1904), the governor is pleased to make with effect from october 1, 1994, the following amendment in government notification no.st-ii-5784/x-10(1)/80 .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1113
..... have arisen in the port concerned, namely:(a) the interest on all deposits made by the pilgrims under clause (b) of section 208a of the indian merchant shipping act, 1923:(b) sums realised from the sale of the effects of deceased pilgrims, and sums of money left by deceased pilgrims, which are unclaimed and ..... enacted, three port haj committees were constituted at the three ports of bombay, calcutta and karachi. consequent upon constitutional changes in the country, the act was suitably amended to provide for the continuance of the calcutta and the bombay committees only, the reference to the karachi committee being omitted therefrom. the calcutta committee ..... v. william j. vitale it was held that the philosophy is that if government interferes in matters spiritual, it will be a divisive force. the first amendment (american constitution) teaches that a government neutral in the field of religion better serves all religious interests. the aforesaid question arose to separate the church and .....
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