Court : Uttaranchal
..... consistent with the provisions of part iii of the constitution. in our opinion, the present enactment in question passes all the three tests, after the constitution (17th amendment) act was passed in the year 1964.14. in prithvi cotton mills ltd. v. broach borough municipality and ors. : a.i.r. 1970 supreme court 192, ..... , or land lying in such estate shall become void with effect from the date of vesting.10. article 3 1a of the constitution of india, as amended by constitution (17th amendment) act, 1964, reads as under:31a. saving of laws providing for acquisition of estates, etc.-(1) notwithstanding anything contained in article 13, no law providing for ..... legislation, nor there is application of doctrine of eclipse to it. the present enactment in question is passed only after constitution (4th amendment) act 1955, and constitution (17th amendment) act 1964, were effective from 27.04.1955 and 20.06.1964, respectively.12. learned counsel for the petitioners argued that the impugned u.p .....
Tag this Judgment!Court : Uttaranchal
..... circumstances we are of the opinion that rule 32(e) is beyond the rule making power even under section 23(1)(d) of the act....6. after the aforesaid judgment was passed by the apex court, an amendment has been made in section 23(1)(d) in the year 1976, by adding expression 'or to preventing adulteration', and further ..... quashing of the criminal complaint case no. 226 of 2005 state v. pawan kumar and ors. relating to offence punishable under section 7/16 of prevention of food adulteration act, 1954, pending in the court of civil judge, jr. div./judicial magistrate, haldwani. (this petition was restored to its original number today on the application of the ..... that the batch number was not mentioned in the sample. after obtaining sanction from the local health authority on 10.05.2002, the food inspector, filed the impugned criminal complaint before the trial court on 28.06.2002.4. the proceedings are challenged before this court by the petitioner on the ground that as per the report of the .....
Tag this Judgment!Court : Uttaranchal
..... that rule 32(e) is beyond the rule making power even under section 23(1)(d) of the act....6. after the aforesaid judgment was passed by the apex court, an amendment has been made in section 23(1)(d) in the year 1976, by adding expression 'or to preventing ..... case no. 315 of 2003, state v. bhawan singh and ors., relating to offence punishable under section 7/16 of prevention of food adulteration act, 1954, pending in the court of chief judicial magistrate, nainital.2. heard learned counsel for the parties and perused the papers on record. 23 ..... of six packets of tiger biscuits from m/s negi general store, chhada garam pani, nainital, on 29.04.2002 and one of the sample was sent to the public analyst, lucknow, for analysis. the public analyst, in its report dated 05.06 ..... .2002, reported everything o.k. in respect of the sample, except the fact that only code number and batch number was .....
Tag this Judgment!Court : Uttaranchal
..... same to be not legally maintainable.4. this high court vide its order dated 08.08.2008 allowed the writ petition filed by respondent and permitted him to file amended memo of petition before the trial court. on 08.08.2008 at the time of disposal of writ petition before this court respondent did not stated before this court ..... dated 07.09.2001 nor in the plaint respondent sought recovery of possession. the petitioner filed a written statement in the above scc suit no. 32/01 on 06.09.2002. in the written statement petitioner stated that he is a tenant since october 1994 @ rs. 250/- per month inclusive of all taxes. he was paying rent regularly ..... the respondent with regard to non applicability of order 16 cpc to scc court is not sustainable. he argued that as per section 17 of provincial small cause courts act, provisions of civil procedure court shall apply to scc court except excluded under order 50 cpc 16:provincial small cause courts- the provisions hereinafter specified shall not extend .....
Tag this Judgment!Court : Uttaranchal
..... to a repugnancy, inconsistency or absurdity) as if the altered words had been written into the earlier act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending act at all.18. the doctrine of legislation by incorporation and its effect has been dealt with by ..... by section 47 and 52 of the kuza act are only made applicable to the kuza act and that any subsequent amendment or insertion of a new provision made in upza & lr act would not automatically apply to the areas governed under the kuza act unless a special provision was made in the amending act indicating that the said provision would also ..... said insertion of section 157b was made applicable to the areas governed by the kuza act. the learned single judge held that since there was no express provision in the amending act no. 20 of 1982, the said provision, consequently, was not applicable to kuza act. the learned single judge was further of the opinion that since certain provisions of .....
Tag this Judgment!Court : Uttaranchal
..... the pendency of special appeal no. 21 of 2009, the uttarakhand legislative assembly enacted the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) (amendment) act, 2009 the aforesaid amendment was notified on 16.03.2009.. through the aforesaid enactment, the term 'direct-to-home' (dth) broadcasting was sought to be defined ..... of any programme or obtaining sponsorships for programme or collecting broadcasting charges on behalf of the said agency or organization;section 65(80) under the finance act, 2002 defined the term 'service tax' as under:65. definitions.- in this chapter, unless the context otherwise requires,-(80) 'service tax' means tax ..... ) (zk) again while defining 'taxable services', it included therein a 'broadcasting agency' as a 'service provider'. section 65(90)(zk) of the finance act, 2002 is reproduced hereunder:65. definitions.- in this chapter, unless the context otherwise requires,-(90). 'taxable service' means any service provided,-(zk) to a client, .....
Tag this Judgment!Court : Uttaranchal
..... is covered by the definition of "juvenile" in 18section 2(k) and the definition of "juvenile in conflict with law" in section 2(l) of the juvenile justice act, 2000, as amended.72. we, therefore, allow the appeal and set aside the order passed by the high court and in keeping with the provisions of sections 2(k), 2(l),7a ..... , as if the provisions of section 2(k) had always been in existence even during the operation of the 1986 act. even the said position was re-emphasised by virtue of the amendments introduced in section 20 of the 2000 act, whereby the proviso and explanation were added to section 20, which made it even more explicit that in all pending cases ..... , as if the provisions of section 2(k) had always been in existence even during the operation of the 1986 act.69. the said position was re-emphasised by virtue of the amendments introduced in section 20 of the 2000 act, whereby the proviso and explanation were added to section 20, which made it even more explicit that in all pending .....
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