Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Sorted by: recent Court: allahabad Page 3 of about 24 results (0.312 seconds)

Shamsher. Vs. State of U.P. and Others

Court : Allahabad

..... , sections 82 and 83 and in section 88. it is convenient to refer to the provisions of the act as it stood prior to amendment act, 2007 and the act as it stood after the amendment. 13. provisions prior to amendment act 2007 14. amendments made by 2007 in relevant provisions 7. pramukh and up-pramukh.- (1) in every kshettra panchayat a pramukh ..... civil procedure.- notwithstanding anything in this code, any high court not being the court of a judicial commissioner, may make such rules not inconsistent with the letters patent or order or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing ..... amended by act of 2007 and the district magistrate erred in giving charge to respondent no. 6, who was only an elected member. 3. in writ petition no. 44538 of 2010, the petitioner was elected member of kshetra panchayat, manjhava, mirzapur. on 22.10.2005, one smt shiv kumari was elected as pramukh against whom the no .....

Smt. Vidyawati Vs. Additional District Judge

Court : Allahabad

..... regard rightly.21. the copy of g.o. no. 2923 dated 17-10-1998 filed by the applicants, indicates that u.p. kerosene control order, 1962 has been amended and it has been provided that every dealer shall store the kerosene oil in the underground tank and if the underground tank is not constructed by 31-03-1999, the ..... be interfered with by the high court in exercise of writ jurisdiction, unless the court is satisfied that the finding is vitiated by manifest error of law or is patently perverse. the high court should not interfere with a finding of fact simply because it feels persuaded to take a different view on the material on record. the court ..... prescribed authority. his submission is that the learned appellate court has also not considered the third proviso appended to sub-section (1) of section 21 of the u.p. act no. xiii of 1972 properly. he has further submitted that the impugned judgment of the learned appellate court suffers from illegality and hence, it deserves to be quashed. in .....

Union of India (Uoi) Vs. Ashok Kumar and ors.

Court : Allahabad

Reported in : 2010(3)AWC2424

..... of multiplier, it is to be seen that the accident occurred on 13.7.1998, i.e., after the amendment act 54 of 1994 by which section 163a with second schedule was inserted within the motor vehicles act, 1988. the second schedule given to section 163a can be taken as guideline for determination of compensation under section 166 ..... this issue as framed in other claim petitions in favour of the petitioners. earlier all claim petitions were filed under section 166 of motor vehicles act but during trial applications for amendment were moved, which was allowed by the learned tribunal, in view of which these findings were recorded by the learned tribunal that all these petitions ..... deceased vehicle is available to the appellant. the learned counsel for the appellant has further contended that the judgment and award passed by the tribunal suffers from patent illegality and is also against the evidence on record inasmuch as the fault has been found on the part of the deceased, trax driver as is evident .....

Aboo Hurera and ors. Vs. Deputy Director of Consolidation and ors.

Court : Allahabad

..... to the deputy director of consolidation. the relevant paragraphs 10, 11 and 12 are reproduced hereunder:10. there can be no doubt that under the amended section 48 of the consolidation act, the revisional power of the director of consolidation is not confined to errors of jurisdiction as was the position under the unamended provision. the power of ..... evidence had not been considered by the authorities in recording a finding of fact or law or the conclusion reached by it is based on no evidence, any patent illegality or impropriety had been committed or there was any procedural irregularity, which goes to the rest (sic root) of the matter, had been committed in recording ..... in support of his submission he relied upon the following decisions:(1) smt. lal dei through lrs and ors. v. deputy director of consolidation, varavansi and ors. reported in 2005 (98) rd 520.(2) rajbir and ors. v. dy. director of consolidation, meerut and ors. reported in 1999 (90) rd 313.(3) ram bhajan and ors. v .....

U.P. Cement Vetanbhogi Sahkari RIn Samiti Ltd. Vs. Official Liquidator

Court : Allahabad

Reported in : [2010]97SCL196(All)

..... finding out a source thereof in another statute.13. apex court in the above judgment clearly laid down that section 100a as amended by 2002, amendment act clearly indicated that legislature which wanted to exclude letters patent appeal it specifically did so. section 100a is also quoted below:no further appeal in certain cases.- notwithstanding anything contained in any ..... such appeal.it is thus to be seen that when the legislature wanted to exclude a letters patent appeal is specifically did so. the words used in section 100a are not by way of abundant caution. by the amendment acts of 1976 and 2002 a specific exclusion is provided as the legislature knew that in the absence ..... of such words a letters patent appeal would not be barred. the legislature was aware that it had incorporated the saving clause in .....

Sheetla Prasad Sharma Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(4)AWC4181

..... the waiver of any previous cause or right and over and above the action empowered to be taken under the provisions of the said directions and regulations as amended from time to time, the authority may forfeit the security deposited by the colonisers and may:(i) direct any other agency as it thinks fit to carry out ..... the land nor has directed any agency to carry out the development. consequently, the demand of rs. 13,04,862 towards internal development charges is patently illegal as per section 33 of the act. the development has to be carried out first and the amount has to be recovered thereafter and not vice versa. further, neither the agreement, ..... nor section 33 of the act contemplates auction of the plots, and consequently, this direction of the authority is also patently erroneous.18. there is another aspect of the matter. the agreement was conditional and was time bound, that is to say, .....

Ramesh Prasad (D) Through L.Rs. Vs. Tehsildar/Assistant Collector 1st ...

Court : Allahabad

Reported in : 2010(1)AWC287

..... gaon sabha to a town area will not divest the gaon sabha of its rights in such lands. under sub-section (6), the state government can at any time amend or cancel any declaration or notification made in respect of any of the thing mentioned in sub-section (1), including lands, and resume such things, and, on such ..... the plot in question in the consolidation map. consequently, the finding of the revisional authority that the land was not shown as an abadi in the consolidation map is patently perverse. the statement of the lekhpal clearly indicates that the land was shown as an abadi in the consolidation map.11. in the light of the aforesaid, the ..... of this fact, the petitioner submitted before the revisional authority that the gaon sabha was now divested of its power and therefore, the proceedings under section 122b of the act was liable to be dropped. the revisional authority, after considering the matter, upheld the order of the tehsildar and further held that the gaon sabha could proceed in .....

Kotak Mahindra Bank Limited Vs. Debts Recovery Appellate Tribunal and ...

Court : Allahabad

Reported in : 2009(4)AWC3441

..... modified on an application vide order dated 7.7.2008 the state moved an application for recall of the judgment dated 6.12.2006 which had been allegedly amended by the order dated 7.7.2008. this application has been undisputedly rejected. the state of u.p. has now preferred an appeal against the said orders ..... before proceeding to entertain the appeal on merits or the application for interim protection. the grant of interim order was, therefore, in the opinion of the court, patently without jurisdiction without there being a competent appeal in terms of the statute. the tribunal, being a creation under the statute, therefore, could not have travelled beyond ..... and the orders were passed as an interim measure without there being any competent appeal in the eyes of law. he contends that the procedure prescribed under the act and the rules have to be construed strictly as they relate to recovery proceedings and, therefore, there cannot be any presumption or deemed compliance of provisions. he .....

Jitendra Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2009(4)AWC3556

..... so as to be referable to the list under article 342 and therefore to be treated a scheduled caste. it is the parliament alone which can issue amendments/clarification/notification by an act, in respect of a list under article 342 of the constitution of india.9. in view of the aforesaid it is held that the petitioner cannot fall ..... of india. nor any such circular will have the sub caste to be treated as within the scheduled castes. it is, therefore, contended that the impugned orders are patently illegal and are liable to be set aside.4. the contention so raised is opposed by the counsel for the respondent no. 5 and it is submitted that kharwar ..... the present writ petition are as follows:elections for the office of pradhan of gram panchayat bhela bandh, block kopaganj, district mau took place in the month of august, 2005. the writ petitioner jitendra as well as respondent no. 5 contested the aforesaid alongwith other candidates. it is not in dispute that the office of the pradhan was reserved .....

J.S. Yadav Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2009(3)AWC2782

..... an offence whichimprisonment for an offence which in the opinion of the presidentin the opinion of the president involves moral turpitude.involves moral turpitude.section 24act no. 10 of 1994 amending act 43 of 200624. term of office members of the 24. term of office of [chairpersonstate commission.- (1) a person and] members of the state commission.-appointed as ..... court to hear the matter. in the instant case, the jurisdiction is of the allahabad high court and in view of the reasons given above, we find no patent lack of jurisdiction for the principal seat at allahabad to hear the matter.15. the next objection raised on behalf of the respondents is with regard to the non- ..... . reliance has been placed on the decision of the full bench of this court in the case of rajendra kumar mishra v. union of india and ors. (2005) 1 uplbec 108 : 2005 (5) awc 4542 (fb). the said decision was rendered in a matter where the petitioner was serving in the indian army and while on duty at calcutta .....