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Judgment Search Results Home > Cases Phrase: mysore state alteration of name act 1973 repealed Court: allahabad Page 1 of about 30 results (0.081 seconds)

Jan 30 1959 (HC)

MoinuddIn and ors. Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : AIR1960All484

..... and bombay high courts respectively, that the guarantee of equality o opportunity for citizens under article 16(1) of the constitution in 'matters relating to employment or appointment) to any office under the state' is confined to the stage when the citizen is seeking employment or competing for any post, and has no application to matters arising after the citizen has joined service such as promotion, ..... 68 in these words:'where general words in a later act are capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, that earlier and special legislation is not to be held indirectly repealed, altered, or derogated from merely by force of such general ..... state of mysore : [1958]1scr895 ,the rule of construction is well settled that where there are in an enactment two provisions which cannot be reconciled, with each other, they should be so ..... any interpretation which shall in the name of equality, create, inequality between the different classes of state servants. ..... 'article 14 is a general provision relating to all kinds of laws and all kinds of persons, while article 310 deals with a special or particular, matter, namely government servants and termination of their services. ..... to all kinds of laws and all kinds of persons, while article 310 deals with a special or particular matter, namely, government servants and termination of their services. ..... claimed exemption from the test in the name of 'equality of opportunity. .....

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May 02 2011 (HC)

State of U.P. and ors. Vs. Dy. Labour Commissioner and anr.

Court : Allahabad

..... aircraft or motor vehicle, or company, as the case may be, is registered in india, or] (ii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has been ..... the workman has entered into a contract of service or apprenticeship, means such other person while the workman is working for him;""(n) "workman" means any person who is- (i) a railway servant as defined in [clause (34) of section 2 of the railway act, 1989 (24 of 1989)], not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii, or [(ia) (a) a master, seaman or other member of the crew of ..... superseded and the property was acquired by the state government under the provisions of 1944 act and a new service was created in the name of u.p. ..... act no.2 of 1916 were repealed vide section 13 of 1944 act ..... to struck by the aforesaid6 authorities and views for the reason that there is a major alteration of the situation in the state of u.p. ..... padam singh 1973 lab ic 1512 held that the fireman services maintained by municipal committee was an industry but bombay high court took a different view holding it not an industry in administrator of .....

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Feb 25 2005 (HC)

Dr. Bheem Rao Ambedkar Degree College Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(3)ESC2162

..... under section 13 of the uttar pradesh state universities act, 1973 (in short referred as an act), the vice-chancellor of university has got general power to supervise and control over the affairs of the university including the constituent ..... including the number of students to be admitted) shall subject to clause (a), be regulated by such orders) which if necessary may be with retrospective effect, but not effective prior to january 1, 1979) as the state government may, by notification, make in that behalf :provided that no order regulating admission under this clause shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice ..... or for the benefit of teachers, student or other staff or on the basis of any suggestion or recommendation of the university grants commission or the state or national education policy with regard to the qualifications of the teachers, require the executive council to make new or additional statutes or amend or repeal the statutes referred to in sub-section (1) or sub-section (1-a) within a specified time and if the executive council fails to comply with such ..... --(1) the principal of the college shall send intimation by registered post at the earliest to every candidate whose name is included in the list prepared under sub-rule (5) of rule 10 and that candidate shall within fifteen days of the date of registration of intimation in the post office, take admission ..... alteration .....

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Mar 25 2004 (HC)

Dr. Mohammad Tahir Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2004)2UPLBEC1406

..... act and are totally unaffected by any repeal or amendment in the previous act, is subject to four exceptions, one of which is that the principle will not apply to cases 'where the subsequent act and the previous act are supplemental to each other.'16. applying these principles, we are of the opinion that in the instant case, subsequent amendments made to the municipal corporation act and the municipalities act will also apply to the power of taxation provided for in section 69(d) of the act of ..... at any time upto 31st december, 1990, whereas under sub-section (1-b) while applying the first statutes of the university of gorakhpur as in force immediately before the establishment of the purvanchal university, the state government had exercised the powers vested in it under sub-section (1-a) and amended the first statutes of the university of gorakhpur and upon notification in the official gazette, it automatically applied to the purvanchal university also ..... of the amendment act, section 4 of the act which provided for establishment of new universities and alteration of the areas or names of universities was ..... 'ble supreme court laid emphasis that section 23 of the mysore act declared that 'the general procedure provided in the land acquisition act will apply except to the extant it was ..... hon'ble supreme court held that section 23 of the mysore act provided that compensation for acquisition shall be governed by the land acquisition act as they exist on the date of a .....

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Oct 15 1997 (HC)

Satya NaraIn Kapoor Vs. State of U.P. and Others

Court : Allahabad

Reported in : 1998(1)AWC1b; (1998)1UPLBEC114

..... to ensure that the british administration may not be embarrassed, a circular order was issued by the british administration to all the commissioners that such a state of affairs may not be rendered that there is no finality attached on such estates and that it must be doubly ensured that forfeiture has become final and that it will be the responsibility of the commissioners concerned, that ..... administrative decision ofthe last century would hold the government of india prisoner perpetually and deny it the power to alter its policies and programmes according to its understanding of the needs of the people. ..... reflects on land being seized and forfeited for rebellion after 1857 and the reference to forfeiture for crime under the criminal law, would be legislations which preceded the present code of criminal procedure, 1973, rather than interpreting what is contained in the commentary, it would be best to reproduce it:--'right to lapsed lands. & c. ..... amendment) act, 1959, is hereby repealed with effect from the date of its enforcement and shall always be deemed to have been so repealed as if it had no force and effect at any time whatsoever ; anything to the contrary in the u. ..... finding that his name was not in the list, satya narain kapoor now objected to the list that he had also applied and that the state was concealing from the court his application and, further, was not including his name in the list disclosed to the ..... state of mysore ( ..... state of mysore and others : air1974sc856 .....

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Sep 03 1998 (HC)

Ram Gopal, Chairman, U.P. and Higher Education Services Commission, Al ...

Court : Allahabad

Reported in : 1998(4)AWC537; (1999)2UPLBEC825

..... eligible to be appointed as a judge of a high court ; (c) the inquiry officer shall, after giving the member concerned reasonable opportunity of being heard and after taking such evidence as he may consider necessary, submit his findings to the state government within 15 days of the completion of the enquiry ; (d) in conducting such inquiry the inquiry officer shall be guided by rules of inquiry and the principles of natural justice and shall not be bound by former rules relating to ..... however, the state government has been conferred with the powers to take disciplinary action against the members on the ground specified in section 6 (1) of the act, but the act does not vest any power with the state government to supersede or repeal the commission. ..... (3) the director shall having due regard in the prescribed manner, to the order of preference if any indicated by the candidates under the second proviso to sub-section (4) of section 12, intimate to the management name of a candidate from the list referred to in sub-section (1) for being appointed in the vacancy intimated under sub-section (2) of section 12. ..... state of mysore (supra).42 ..... excepting universities governed by the uttar pradesh stale universities act, 1973 as re-enacted and amended by the uttar pradesh universities (re-enactment and amendment) act. ..... by means of the said ordinance, the eligibility qualification of the chairman and the members of the commission has been altered. ..... state of mysore, air 1963 mysore 66. 39. in b. r .....

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May 24 1978 (HC)

Nand Kishore and ors. Vs. State Transport Appellate Tribunal and ors.

Court : Allahabad

Reported in : AIR1979All83

..... case to decide the appeal in accordance with the amended law and according to the amended law the transport authority was precluded from granting temporary permit to any private applicant in a case where the state transport undertaking had applied for a permit we have already referred to certain decisions of this court in which it has been clearly held that under the amended provision of section 68-f no such permit ..... or portion thereof specified in the said scheme for the period intervening between the date of publication of the scheme and the date of publication of the approved or modified scheme, and where such application is made, the state transport authority, or the regional transport authority, as the case may be, shall, if it is satisfied that it is necessary to increase, in the public interest, the number of vehicles operating in such area or ..... the appeal could be actually heard a scheme under section 68-c of the motor vehicles act (hereinafter referred to as the act) was framed for the said route and the scheme is still pending disposal before the state government there is one very important fact which must be mentioned at this stage, namely, that the state transport undertaking also applied for grant of temporary permit on these vacancies and the strength having ..... this alteration had a direct bearing on the point which arises for determination in the present case and this would have a far reaching effect ..... 1973 is not vitiated by any apparent error of law in so far ..... 1973 ..... 1973 .....

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Jul 09 1999 (HC)

State of U.P. and Others Vs. Smt. Shakuntala Shukla, S.i., Police

Court : Allahabad

Reported in : 1999(3)AWC2574; (1999)3UPLBEC1702

..... of publication prescribed by the statute nor by the subordinate legislation or when the mode prescribed by the subordinate legislation is unreasonable, it will take only when it is published through the customarily recognised official channel, namely the official gazette or some other reasonable mode of publication ; and in cases where a few individual or persons in a small local area are concerned, publication or promulgation by other means may be sufficient--see justice g. p. ..... noticed that the rules made by the state government under section 39 of the act prescribe the qualifying examination as a condition precedent for promotion to the post of leading firemen.these rules have not been touched, altered or amended and they exist in their original ..... the police act, 1861 though apre-constitution act is salvaged byvirtue of the provisions contained inarticle 372(1) of the constitutionnotwithstanding repeal of the indianindependence act, 1947 and thegovernment of india act, 1935 byvirtue of ..... state of mysore : [1967]3scr636 , the rules under article 309 on the other hand constitute not only the constitutional rights of relationship between the state and the government servants but also establish that there must be specific powers to frame rules and regulations.* ..... mohan lal kapoor, : (1973)iillj504sc , and rizvi's case (supra) has laid down the following proposition :'failure on the part of the selection committee to meet during a, particular year would not dispense with the .....

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Jul 28 2004 (HC)

Vijay Singh and ors. Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : 2005(2)AWC1191; (2004)3UPLBEC2778

..... the ministry of home affairs (a wing of the government) and on the wake of the understanding as above and acting thereon would mean and imply that while the state legislature passed the act of 1994 but by reason of the provisions of a special statute, namely, the police act, read with the authorisation contained therein, to frame rules by way of executive orders, the government of uttar pradesh ..... court while deciding the case in indra bahadur singh (supra), dealt with the issue of fixing the maximum age limit by issuing government order under section 2 of the act, 1861 and also the applicability of rules, 1972 and also referred to the order dated 7th july, 1996 issued by the governor, which provided for exemption of the ..... , while considering the issue as to whether the sovereign has priority for recovery of outstanding dues over others, the apex court held that the arrears of tax dues to the state can claim priority over private debts and this rule of common law amounts to 'law in force' in the territory of british india at the relevant time within the meaning of ..... which provides that all laws in force immediately before the constitution shall continue to be in force until altered or repealed or amended by a competent legislature or other competent authority, the court further relied upon the provisions of section 276 of the government of india act, 1935 which provided for continuity of the old laws under the government of india act, 1999 by a deeming fiction.36. ..... mysore state ..... 1973 .....

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Apr 13 1973 (HC)

Hakim Singh Vs. Shiv Sagar and ors.

Court : Allahabad

Reported in : AIR1973All596

..... in my opinion, in respect of judgments passed by a single judge of the high court in exercise of jurisdiction and powers conferred by or under a particular statute, the legislature which enacted it or which is competent and empowered under the constitution to amend, alter or repeal the act in question, is the appropriate legislature under article 225 and can validly pass a law restricting, curtailing or even abolishing the right to file a further appeal to the high court under clause 10 of the letters patent.the ..... when the matter is considered in this light, the principal act, namely, the uttar pradesh high court (abolition of letters patent appeals) act, 1962, cannot be said to be ultra vires of the state legislature which had received the assent of the president. ..... in air 1952 mys 75, the validity of section 15 of the mysore high court act, as amended by act xxxv of 1951 passed by the state legislature, whereunder second appeals of valuation not exceeding rs. ..... for special jurisdiction under the three entries referred to above and for general jurisdiction under entry 3 of list ii, namely, 'administration of justice', except to the extent the general jurisdiction must go with 'constitution and organization. .....

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