Court : Allahabad
Reported in : 2001(2)AWC1199; (2001)2UPLBEC1806
..... shows that there is no watertight compartment between the three major organs of the state.23. regarding the applicability of article 335 of the constitution as amended by 88th amendment, learned counsel for the petitioners relied upon the case of dr. preeti srivastava (supra) in support of his contention that the said provision is mandatory ..... scc 120, in respect of matters of reservation in respect of the scheduled castes category candidates and for stressing that article 335 of the constitution as amended by 88th amendment of the constitution, permits the lowering down of marks in the matter of p.g.m.e.e. examination under article 335 of the constitution, which ..... made therein under article 372, apply for the interpretation of the constitution as it applies for the interpretation of an act of the legislature of dominion of india.46. the proviso introduced by 88th amendment in article 335 starts with the following words :'provided that nothing in this article shall prevent in making of any .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
..... all the possible sources through which this high court might have derived such jurisdiction. the jurisdiction might have been acquired not only under the letters patent, the high courts act, and subsequent statutory enactments, but might also have 'inherited' from some of the courts which were abolished or the high court may possess ..... as regards the appellate jurisdiction there was a specific clause 14 in the letters patent which somewhat restricted it. it said:that with respect to ..... having been taken away by anything in the letters patent, must be deemed to have existed so far at least as its extraordinary original civil jurisdiction was concerned. that was long before the legal practitioners act (18 of 1879) was passed, which 'consolidated and amended' the law relating to legal practitioners.90. but .....
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.477
..... the possible sources through which this high court might have derived such jurisdiction. the jurisdiction might have been acquired not only under the letters patent, the indian high courts act, and subsequent statutory enactments, but might also have been 'inherited' from some of the courts which were abolished or the high court ..... as regards the appellate jurisdiction there was a specific clause 14 in the letters patent which somewhat restricted it. it said 'that with respect to ..... laving been taken away by anything in the letters patent, must be deemed to have existed so far at least as its extraordinary original civil jurisdiction was concerned. that was long before the legal practitioners act (xviii of 1879) was passed, which 'consolidated and amended' the law relating to legal practitioners.60. but .....
Tag this Judgment!Court : Allahabad
Reported in : (1880)ILR2All384
..... madho, a carpenter of agra. the plaintiffs counsel objected to the record of this evidence because its admission was opposed to sections 34 and 23 of the patent act. section 34 requires that plaintiff shall deliver with his plaint particulars of the breaches complained of in his action, and the defendant shall deliver a written statement ..... in any particular place for corroboration of such a vague statement. moreover, the defendants should have applied to the judge at the trial if they wished to amend the particulars. this would have allowed the judge to adjourn the case, and to enable the plaintiff to rebut the proposed evidence. under the proviso the ..... insufficiency of the specification of the invention, nor upon the ground that the original or any subsequent petition relating to the invention, or the original or any amended specification, contains a wilful or fraudulent mis-statement, nor upon the ground that the invention is not useful, nor shall any such action be defended upon the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All716
..... one irresistibly to the conclusion that where the transaction is embodied in one document the transaction does not, as a result of the proviso added by the amendment act of 1929, necessarily become a mortgage by conditional sale irrespective of the intention of the parties.155. for the reasons given above i am constrained to express ..... what was the mischief or defect for which the law had not provided, what remedy parliament appointed, and the reason of the remedy.'in considering the patents, designs, and trade marks act, 1883, their lordships referred to the report of the commissioners.49. the mischief which the legislature wanted to remedy and the remedy proposed by the ..... counsel for the appellant to the report of the special select committee. this is permissible. in the 'eastman photographic materials co. ltd. v. the comptroller general of patents, designs and trade marks' (1898) ac 571, the house of lords held that the report of the trade marks commissioner as ho the defect sought to be .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)205
..... cannot be equated with the original hearing of the case and the finality of the judgment delivered by the court will not be reconsidered except 'where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility'--chandra kanta v. sheikh habib : [1975]3scr933 'in chandra kanta v. sheikh habib : [1975]3scr933 ..... court in ts balaram, ito v. volkart bros and ors. : [1971]82itr50(sc) as follows:a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions 'a decision on debatable ..... the respondent deserved to be rejected and the writ petition should be treated to be maintainable17. section 254(2) of the it act provides that tribunal may with a view to rectify any mistake, apparent from the record, amend any order passed by it under sub-section (1) it was argued by the learned senior counsel that an order .....
Tag this Judgment!Court : Allahabad
Reported in : III(2003)ACC437; 2005ACJ136
..... 110-a (3), which also provided six months limitation for filing of claim petition. further, section 166(3) has been omitted by section 53 of the motor vehicles (amendment) act, 1994 and after the omission of section 166(3) there is no limitation for filing of claim petition. he submitted that in respect of pending matters also it is ..... is satisfied that the applicant was prevented by sufficient cause from making the application in time.'7. section 166(3) has been omitted by section 53 of motor vehicles (amendment) act, 1994. after the omission of section 166(3) there is no limitation for filing of claim petition. in the case of dhannalal v. d.p. vijayvargiya, 1996 acj ..... 1013 (sc), the hon'ble apex court has considered the effect of the motor vehicles (amendment) act, 1994 by which section 166(3) has been deleted in the cases which were pending and the claim petitions have been dismissed on the ground of limitation and the .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]135TAXMAN558(All)
..... to be rejected and the writ petition should be treated to be maintainable.17. section 254(2) of the income tax act provides that appellate tribunal may with a view to rectify any mistake, apparent from the record, amend any order passed by it under sub-section (1). it was argued by the learned senior counsel that an order refusing ..... cannot be equated with the original hearing of the case, and the finality of the judgment delivered by the court will not be reconsidered except where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility', chandra kanta v. sheikh habib (1975) 3 scr 931' (p. 677)in chandra kanta v. sheikh ..... ]3scr933 the supreme court has held that the review cannot be equated with the original hearing of the case, and it could be exercised only where a glaring omission or patent mistake has occurred in the order.in smt. meera bhania v. smt. nirmala kurnari choudhury : air1995sc455 , it was held that the review is to be made when .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2688; (2001)3UPLBEC2373
..... letters patent mentioned, inter alia, that clause 36 referred to the powers of single judges and division courts appointed or constituted ..... years of our region.' reference in the extracted portion aforesaid is to section 13 of the charter act. the said extracted portion was substituted by the words 'in pursuance of section one hundred and eighty of the government of india act, 1915' by the amended letters patent of march 11, 1919.13. paragraph 35 of the despatch from the secretary ofstate accompanying the former .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1934All273; 153Ind.Cas.733
..... church : see p. 42 of the printed record. this application, was granted on the same day. the next day, on 8th november 1932, a further application for amendment of the plaint was made by the petitioner, and an other ground was sought to be added to the plaint, namely, the marriage was void, because the person ..... 1932, after the eeverend father livesay, a witness for the respondent; had been examined, a petition was filed on behalf of the petitioner that the plaint might be amended and a ground for the declaration that the marriage was void might be added to the plaint, namely, the marriage had not been solemnized according to the rules, ..... in the case, i fully agree that the high court has no jurisdiction to entertain the suit under the indian christian marriage act (act 15 of 1872) on its original side. no doubt under clause 26, letters patent, the matrimonial jurisdiction between persons professing the christian religion was conferred upon this court. but under clause 35, the provisions of .....
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