Court : Allahabad
..... it existed in view of the judgment of the constitution bench judgment in the case of m. nagraj in the light of the constitution (77th amendment) act and the constitution (85th amendment) act, the supreme court observed, "in effect, what has been decided in m. nagraj's case (supra) is part recognition of the views ..... to the reserved category candidates with effect from 17.6.1995. the apex court while upholding the constitutional validity of the constitution (77th amendment) act, 1995 and the constitution (85th amendment) act, 2001 clarified the position that it would not be necessary for the state government to frame rules in respect of reservation in promotion with ..... the knowledge of the state since before the rules were framed. 113. again referring to the statement of objects and reasons to the constitution (85th amendment) act, 2002 amending clause (4-a) to article 16 and providing for consequential seniority, giving retrospective effect from 17.6.1995, it has been pointed out that the .....
Tag this Judgment!Court : Allahabad
..... recruitment are made, the selection for regular recruitment shall be deemed to be the previous selection." 26. at this stage, rule 8a as was inserted by 3rd amendment rules, 2007 may also be reproduced as under: "8a. entitlement of consequential seniority to a person belonging to scheduled castes or scheduled tribes.--notwithstanding anything contained ..... a preliminary objection that against the seniority list the petitioner has a statutory alternative remedy of approaching tribunal under section 4 of u.p. public service tribunal act, hence the writ petition deserved to be dismissed on this score. 17. the respondent no. 6 in para 4 of his counter affidavit has said ..... such local arias as may be assigned to them by the concerned government. the food inspectors, so appointed are assigned several duties under the provisions of 1954 act and the rules framed thereunder. 4. till 1992 no separate rules governing recruitment and conditions of service of food inspectors were framed. it was governed by .....
Tag this Judgment!Court : Allahabad
..... objections, in respect to the workmen, and different classes of clerical cadres have been provided, shri r.n. singh submits that the amendment in the industrial employment (standing orders) act, 1947 in u.p. provides that the appropriate government may provide for matters in the standing orders in respect to recruitment and ..... conditions of promotion of workmen and thus the amendment has been made, and since the definition of appropriate government in the act and in the minimum wage act is same. therefore the power to provide qualifications in the notification is clearly referable to the ..... their educational qualification and experience in the notification is wholly without jurisdiction. the state government does not possess such power to fix service conditions under the act. 12. shri sinha has relied upon ahmedabad millowners' association vs. the textile labour association air 1966 sc 497 and the workmen represented by secretary v .....
Tag this Judgment!Court : Allahabad
..... that property in the paternal or ancestral estate is by birth, though the father has independent power in the disposal of effects other than the immovable for indispensable acts of duty and for purposes prescribed by texts of law as gift through affection, support of the family, relief from distress and so forth; but he ..... janki batika, suem sarai; bishambhar cinema building; niranjan cinema building; 8 bahadurganj allahabad prepared by the arbitration for valuation under section 63 (6) of the estate duty act, 1953. 33. shri shambhu chopra has not challenged the findings of the valuation of the properties and thus we are not adverting to that aspect. 34. it is ..... and r/o bahadurganj, and the rental accumulations in respect thereof mere not includible in estate of the deceased under the provisions of section 22 of the estate duty act, 1953? 3. whether on the facts and in the circumstances of the case, the tribunal had material to estimate the fair market value of the additional compensation .....
Tag this Judgment!Court : Allahabad
..... were promoted as additional district and sessions judge on 15. 6. 1996. it shall be relevant to take note of the fact that rule 22 was amended by 4th amendment on 15. 3. 1996. the promotional order dated 27. 5. 1996 (annexure no. 3 to the writ petition), is of temporary nature. in pursuance ..... india spinning, weaving and manufacturing company limited, empress mills, nagpur versus municipal committee, wardha while construing section (66)1 of the central provinces and berar municipalities act, 1922 which authorized imposition of ''a terminal tax on goods or animals imported into or exported from the limits of a municipality', their lordships of hon'ble ..... sc 2004 (p. 2012) rakesh wadhawan versus jagadamba industrial corporation, hon'ble supreme court while interpreting section 13(2)(i) of the east punjab urban rent restriction act, 1949 held that the qualifying expression ''assessed by the controller' in the proviso qualified also ''the arrears of rent' and not merely ''cost of application. 81. .....
Tag this Judgment!Court : Allahabad
..... and as such is liable to be quashed. it was also urged that the administrator cannot take upon himself the power of the parliament in making any substantive amendments in the act or the rules. 10.this rule directly affects the vested rights conferred upon the dealers to receive forms under section 4. he further submitted that the legislature lays ..... to stop this mal-practice it is not for this court to obstruct the government in this connection. no doubt if the impugned amendment to the rules was clearly violative of the u.p. trade tax act or the constitution the court can interfere, but otherwise it is not for this court to sit as a court of appeal over ..... the machine." 48. it may be noted that section 24 of the u.p. trade tax act confers power on the state government to make rules to carry out the purposes of the act. hence there is certainly legislative sanction for making the impugned amendment to the rules. 49. in our opinion the court should exercise judicial restraint and should not .....
Tag this Judgment!Court : Allahabad
..... sub-section referred to as the earlier detention order) shall not (whether such earlier detention order has been made before or after the commencement of the national security (second amendment) act, 1984, bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person : ..... entertain a representation from a detenu and in exercise of his power under the provisions of section 21 of bombay general clauses act could amend, vary or rescind the order as is provided under section 14 of maharastra act. such a construction of powers would give a full play to the provisions of section 8 (1) as well as ..... section 14 and also section 3 of the maharastra act. this being the position non communication of the fact to the detenu that .....
Tag this Judgment!Court : Allahabad
..... and entry 25 of list iii." 93. entry 11 of list ii was deleted and entry 25 of list iii was amended with effect from 3.1.1976 as a result of the constitution 42nd amendment act of 1976. the present entry 25 in the concurrent list is as follows: "25. education, including technical education, medical ..... read with section 21 of the u.p. general clauses act ,1904 known as uttar pradesh state universities ( regulation of admission to courses of instruction for degree in education in affiliated, associated and constituent colleges) order (ixth amendment) 2010 by which the eligibility criteria was enhanced from 45% to 50%. lucknow university lucknow/ nodal ..... with section 21 of the u.p. general clauses act, 1904 issued a notification/order dated 30.4.2010 known as uttar pradesh state universities (regulation of admission to courses of instruction for degree in education in affiliated, associated and constituent colleges) order (ixth amendment) 2010 by which the eligibility criteria was fixed as 50 .....
Tag this Judgment!Court : Allahabad
..... of a judicial commissioner, such law officer as the central government may; by notification in the official gazette, specify in this behalf. [a] inserted by the contempt of courts (amendment) act, (45 of 1976), s. 2 (30-3-76)." 21. an analysis of the aforesaid provisions ordains that if a criminal contempt of court, whether of this court or subordinate ..... , at police station bhawarkol, as crime no. 589 of 2005, under sections 147, 148, 149, 307, 302, 404, 120-b i.p.c. and 7 criminal law amendment act same day at 5.25 p.m. six persons including mukhtar ansari and afzal ansari were arrayed as accused in that fir along with 7 and 8 unknown persons. 3 ..... s.t.no. 253 and 254 of 2006, relating to crime number 589 of 2005, u/s 147,148,149,302,307,404,120b , ipc and 7 criminal law amendment act , ps bhawarkol, district ghazipur. 2. preceding input facts generating instant contempt application,unfolded briefly and gathered from the pleadings made in the instant application are that by hatching up .....
Tag this Judgment!Court : Allahabad
..... meaning imparted to it by the mischief to be remedied. 27. it is necessary to take into consideration the statement of objection, reasons of the land acquisition (amendment) act, 1984 which is as follows: "prefatory note- statement of objects and reasons.- with the enormous expansion of the state's role in promoting public welfare and economic ..... proceedings for the acquisition of the land shall lapse. provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement. explanation-in computing the period of two years referred to in this ..... retain his land in case such time limit is violated. 24. with this background and intention the parliament enacted the land acquisition (amendment) act, 1984 i.e. act no. 68 of 1984. the act no. 68 of 1984 has introduced a time limit before which a declaration under section 6 has to be made. the relevant part .....
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