Court : Allahabad
..... above said action has been done by the state government in exercise of power as provided under sub-section (5) of section 28 of the universities act 1973, the said exercise of power on the part of the state government has already been held to be valid by the ..... some cases a distinction has been made between the two words--"eligibility" connoting the minimum criteria for selection that may be laid down by the university act or any central statute, while "qualifications" connoting the additional norm laid down by the colleges or by the ..... jaipur , who has appeared before this court on 27.9.2010 has submitted that after coming to know the said fact , the concerned authority of ncte wrote a letter to the vice-chancellor, dibrugarh university , dibrugarh, assam inter alia stating therein that :- " in view of the above, it is clear that your admission notification is not in conformity with the ncte regulations and you ..... the eligibility criteria of 50% was required to be possessed by a candidate either in the bachelor's degree and/or in the master's degree or any other qualification equivalent thereto , in order to be eligible for admission but lucknow university without any authority and on its own motion had published an advertisement/brochure fixing the eligibility criteria to be possessed by a candidate in order to enable him/her to appear in the entrance examination as 45% minimum ..... said view in the case of nagaland senior government employees welfare ..... university and another ( .....
Tag this Judgment!Court : Allahabad
..... on account of clarification, which was sought from the concerned ministry of government of india to the extent, as to whether the said guidelines would also apply to the regional rural banks created under powers vested in rural bank act, 1976. ..... (1989) 4 scc 468, it was observed that in claims of appointment on compassionate grounds, there should be no delay in appointment. .....
Tag this Judgment!Court : Allahabad
..... the additional labour commissioner, kanpur issued twenty two recovery certificates under section 3 of the act for the alleged recovery of wages due and outstanding to the workmen. ..... was placed on a decision of the supreme court in raheja universal limited v. ..... appellant had moved the board for industrial and financial reconstruction (bifr) under the provisions of the sick industrial companies (special provisions) act, 1985 (sica), resulting in the registration of its case as case no.81/90. ..... on 17 may 1989, the state government issued a notification under section 3 of the u p industrial disputes act, 1947, banning ..... on 16 january 2009 in connection with the reopening of the mill after lifting of the lock out under which the workmen, in clause 11, had agreed to forego all the dues from 15 may 1989 until they were taken back on work. ..... all is a matter which falls for close scrutiny since it is now not in dispute that the sixth respondent is neither a registered trade union nor is it a cooperative society registered under the cooperative societies act, 1965. ..... petition on the ground that the sixth respondent had no legal existence in the mill and was neither a recognised union of the workers nor a cooperative society registered under the u p cooperative societies act, 1965. ..... judge has set aside an order dated 31 december 2008 passed by the additional labour commissioner, withdrawing recovery certificates that were issued under the u p industrial peace (timely payment of wages) act, 1978. .....
Tag this Judgment!Court : Allahabad
..... the full bench for reference in the following terms: (i) non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12aa (2) of the income tax act 1961 would not result in a deemed grant of registration; and (ii) the judgment of the division bench of this court in society for the promotion of education adventure sport and conservation of environment (supra) does not lay down ..... the legislature has used the expression 'may' as well as 'shall' in section 12aa(1) which is an indicative of the fact that the expression 'shall' was regarded as mandatory wherever it has been used; (v) in other provisions of the act, such as sections 250 (6a) and 254 (2a), the legislature, by using the expression 'may' has indicated that the period within which an appeal has to be decided by the commissioner (appeals) or by the tribunal is directory. ..... formulated for decision are as follows: (i) whether the non disposal of an application for registration, by granting or refusing registration, before the expiry of six months as provided under section 12aa(2) of the income tax act, 1961 would result in deemed grant of registration; and (ii) whether the division bench judgment of this court in the case of society for the promotion of education, adventure sport and conservation of environment vs. ..... university ..... , the supreme court construed the provisions of section 139(2) of the act prior to its deletion with effect from 1989. .....
Tag this Judgment!Court : Allahabad
..... of the learned standing counsel appearing for state government that there is no provision for payment of sitting and travelling allowance to the petitioners, who have performed the statutory functions in public interest under the act, and thus they could not have made a demand nor could have made a representation or seek relief in the writ petition for writ of mandamus commanding the director mahila kalyan to make payment of ..... act recognises and seeks to protect the rights of children in need of care and protection,recognized universally. ..... petitioners have relied on an information provided under the right to information act, 2005 under which the assistant director/information officer, directorate of mahila ..... lucknow, in response to an application dated 11.07.2011 under the rti act to a specific query whether there is any child welfare committee in district kanpur nagar was working between 09.11.2007 ..... under section 29 of thejuvenile justice (care and protection of children) act 2000 for a period of three years. ..... on the rights of the child was adopted by the general assembly of the united nations on 20.11.1989. ..... committees (cwc's) were constituted under chapter iii 'child in need of care and protection' of the juvenile justice (care and protection of children) act 2000, to dispose of cases for the care, protection, treatment, development and rehabilitation of children, as well as to provide for their basic needs and protection of human rights, as specified in section 31 of the act. .....
Tag this Judgment!Court : Allahabad
..... it made its rust appearance in a case where alien students of 'scientololgy' were refused extension of their entry permits as an act of policy by the home secretary, who had announced that no discretionary benefits would be granted to this sect. ..... consequently, the exclusion of the amendment, which was made in april 1989, from consideration in this case, may not be proper, and the conclusion to the contrary by the high court, cannot be ..... jamal, and other similarly placed appellants, was that having acted on the basis of a policy by which the respondent oil companies had offered full dealership to land owners and having caused such land owners to alter their position to their disadvantage, the oil companies were ..... the said case, seizure was made in the year 1989 on the basis of which respondents claimed the reward. ..... aspect was placed during the course of argument on the basis of a reply given from the office of the collector under right to information act, dated 27.6.2009 which is annexed as annexure-sa1 to the supplementary affidavit. ..... , the reward could not have been allowed in this case completely ignoring the amendments, which came into force in april 1989, merely because the seizure was in february 1989. ..... claimed for reward in accordance with the guidelines issued by the government for giving the rewards to the informants as well as the government servants who are responsible for seizure under the gold control act, 1968 and other statutes. ..... scheme was amended in april, 1989. .....
Tag this Judgment!Court : Allahabad
..... special appeals they have assailed the judgement delivered by learned single judge on 5.7.2005, by which he dismissed the writ petitions filed by them challenging the orders passed by the prescribed authority, under the payment of gratuity act, rejecting their applications for payment of gratuity calculated at one months salary (inclusive of dearness allowance) for every completed year of service and interest thereon @ 18% on account of delay in payment of the total amount. ..... we do not find that learned single judge has erred in law in holding that section 19 (2) of industrial disputes act is not applicable to the present case and that the issue, whether the up industrial disputes act will be applicable has any relevance inasmuch where the agreement has been superseded by operation of law, which have been made applicable to all the employees of the bank without any discrimination. ..... 103 of the up cooperative societies employees service regulations 1975, the regulations of 1999 would not have been any effect and thus the agreement and the award read with section 4 (5) of the payment of gratuity act would prevail making the petitioners entitled to payment of gratuity at the rate of 30 days salary per completed years of service. 11. ..... metro theatre ltd 1981 (3) scc 596, the supreme court held that section 4 (5) of the payment of gratuity act, 1972, covers future awards, agreement or contracts with the employer providing better terms of gratuity. ..... union of india 1989 (1) scc 764. .....
Tag this Judgment!Court : Allahabad
..... has been described in the past, clause 2 (c) defines the ''agent' as one who is authorized to run fair price shop whereas on the earlier occasion in 1977 control order as well as in the 1989 control order in place of agent the word ''authorized retail distributor' has been used and same proceeds to mention that it means a person appointed as agent by the district magistrate, city magistrate or sub divisional ..... manner, as the collector may decide subject to the directions of the state government and once again it has been clarified that a person appointed to run a fair price shop under sub-clause (1) shall act as the agent of the state government and further a person appointed to run a fair price shop under sub-clause (1) shall sign an agreement, as directed by the state government regarding running of the ..... first time under the aforementioned control order pursuant to public distribution system (control) order 2001, framed by central government, in exercise of powers conferred by section 3 of essential commodities act, concept of identification of families below poverty line (bpl) by the state government has been introduced, and same also inheres in itself concept of identification of antyodaya families, and in ..... order, 1989 published in gazette vide notification dated 31st august, 1989 have been repealed and the provisions of sections 6, 8 and 24 of the general clauses act, 1897 has been made applicable as they apply in relation to the repeal and re-enactment of central act by .....
Tag this Judgment!Court : Allahabad
..... clause 3.3 of rates circular dated 74 of 2005 and para 6 of the rates circular dated 21 of 2007 are ultra vires to the act, 1989, there being no specific provision under the act, 1989 for levy of penalty for demurrage/wharfage charges, railway board cannot prescribe any penal demmurage/wharfage by fixing rates of demurrage/wharfage charges. ..... rates have been termed as penal rates, they cannot be held to go beyond the scope of section 30 (2) of the act, 1989, whereas the scale of rates can be prescribed by railway board under section 30(2) of the act,1989, the said scale may also contain a rate which can be termed as penal rates. ..... counsel for the petitioners submitted that the railway board has jurisdiction to fix the rates to the extent of six times of the normal rate in exercise of power under section 30 (2) of the act, 1989 and the petitioners have remedy of filing an appeal against the order of penal demurrage/wharfage charges. ..... we are of the view that the prescription of penal rates for demurrage and wharfage in the above mentioned rates circulars are fully within the competence of the railway board under the act, 1989 and the said provisions are neither arbitrary nor violative of article 14 of the constitution. ..... order or direction in the nature of mandamus commanding the respondents to impose and realize only demurrage and wharfage as provided under section 30 of the railway act, 1989 on the consignment of the petitioners only after considering the merits of the case i.e. .....
Tag this Judgment!Court : Allahabad
..... post graduate college, however, did not take steps for starting the two years btc course and it is only in 2007 when the institution was declared a deemed university by the university grants commission under section 3 of the ugc act that it took steps for starting the two years btc course and for this purpose first filed an application before the regional committee of the ncte for changing the ..... , has been filed by some of the candidates who were admitted to the two years basic teachers certificate (hereinafter referred to as 'btc') course in the academic session 2008-09 in the nehru gram bharti university, which is a deemed university, for quashing the order dated 14th july, 2010 passed by the director of the state council of educational research and training (hereinafter referred to as 'scert') and for a direction upon the scert to ..... -time education, adult education and correspondence education; (m) "teacher education qualification" means a degree, diploma or certificate in teacher education awarded by a university or examining body in accordance with the provisions of this act; (n) "university" means a university defined under clause (f) of section 2 of the university grants commission act, 1956, and includes an institution deemed to be a university under section 3 of that act (3 of 1956); sections 14, 15 and 16 of the ncte act are as follows:- "section 14-recognition of institutions offering course or training in teacher education. ..... for admission to the course in december, 1989. .....
Tag this Judgment!