Court : Allahabad
Decided on : Oct-04-2005
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... the constitution of india, specifically when academic council and the executive council in control of the university on date have been reconstituted by the amending acts of 1951 read with the amending act of 1965, the constitutionality whereof has been upheld by the hon'ble supreme court only after coming to the conclusion that aligarh muslim university ..... done under the resolution of the admission committee dated 10.1.2005, the resolution of academic council dated 15.1.2005 and the decision of the executive council dated 19.1.2005. it is contended that. section 2(1) and section 5(2)(c) of the amending act have the effect of virtually over ruling the judgment of the ..... students on the basis of religion only and any decision in that regard, being hit by article 29(2) of the constitution of india, would be patently illegal and without jurisdiction.63. the objection with regard to locus and the writ petitions having been infructuous because of subsequent developments may also be dealt with.64 .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-24-2005
Reported in : 2005(4)ESC2378
..... be specified exempt any establishment from the provisions of section 33.36. the expression 'public services', in section 3 of the state act, by virtue of section 2 (f), as amended by the amendment. act (u.p. act no. 6 of 1997), borrows the definition in section 2 (c) of u.p. public services (reservation of scheduled castes ..... persons in judicial service.24. shri agarwal submits that the legislature has identified certain posts and services for reservation for physically disabled persons. the u.p, amendment act 29 of 1999 clearly provides that no reservation for physically handicapped persons will be available in group a and b posts, hence, there was and there ..... house rates control, bombay land acquisition and bombay government premises (eviction) (amendment) act, 1996 set aside the judgment of the high court holding that the act was beyond legislative competence of the state legislature and held that in 'pith and substance' the act is covered by entry 18 of list ii i.e. (economic and social .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-09-2005
Reported in : (2006)201CTR(All)324; [2006]281ITR6(All)
..... and held as follows:'coming to the merits, the assessee was carrying on medical profession and was obliged to maintain account as per section 44aa of the act. this provision was introduced by taxation laws (amendment) act, 1975 with effect from 1.4.1975. earlier it had been held in certain cases like p. appavi pillai v. c.i.t. : ..... consumed with total receipt. in our opinion, this cannot be the basis for invoking the provision of section 145(i) of the act.11. section 44aa of the act has been introduced by taxation law amendment act, 1975 w.e.f 1.4.1975, which required person carrying on the medical profession to keep and maintain such books of account ..... and other documents as may enable the assessing officer to compute his total income in accordance with the provisions of the act. sub-section (3 .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-18-2005
Reported in : 2005(1)ARC621; 2005(3)AWC2578
..... of the constitution.ii. interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by c.p.c. amendment act 46 of 1999 are nevertheless open to challenge in and continue to be subject to, certiorari and supervisory jurisdiction of the high court.iii. certiorari, under article 226 ..... process of reporting. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent.vii. the power to issue a wit of certiorari and supervisory jurisdiction are to be exercise sparingly and only in appropriate cases where the judicial conscience of the ..... on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.vi. a patent error is an error which is self evident i.e. which can be perceived or demonstrated without involving into any lengthy or completed argument or a long-drawn .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-17-2005
Reported in : 2006(2)AWC1238
..... the applicant.2. this application under article 227 of the constitution of india has been filed against an order dated 6.1.2005, passed by vth additional district judge, varanasi, whereby the amendment application at the appellate stage was allowed on a cost of rs. 100. the counsel for the applicant addressed this court on ..... authority or discretion, a patent, error in procedure. a number of other decisions of single judge and division bench of this court have also been placed before me. after going through ..... high court is not confined to administrative superintendence only but such power includes within its sweep the power of judicial review. in cases of erroneous assumption or acting beyond its jurisdiction, refusal to exercise jurisdiction, error of law apparent on record as distinguished from a mere mistake of law, arbitrary or capricious exercise of .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-02-2005
Reported in : 2006(3)AWC2904
..... the supreme court and the high court cannot be taken away by any legislation short of constitutional amendment.the act has defined 'contempt' laid down procedure and has placed limitation on the powers of the courts. by section 19, the act has created a right of appeal from an order or decision of the court imposing punishment for ..... to have been disobeyed by the respondents and, therefore, no contempt is made out. accordingly, contempt petition was rejected. again, contempt petition no. 3194 of 2005 was filed alleging non-compliance of the same order of the writ court without any additional facts and circumstances and the hon'ble single judge has rejected contempt petition ..... division bench held that an order, which is not appealable under section 19 of the contempt act, cannot be appealed under clause 15 of the letters patent. the court observed as under:.we hold that a letters patent appeal under clause 15 would not lie against any order passed in exercise of the contempt jurisdiction by .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-2005
Reported in : 2005(4)AWC3674
..... respective gram panchayats. it is submitted that in order to cope up with the object sought to be achieved through the 73rd amendment in the constitution as provided under article 243-g and amended act i.e. u.p. act no. 27 of 1999 was enacted by which new sections i.e. section 25 and section 25-a were inserted in ..... of the gram panchayat, therefore, it will be presumed that the services of the petitioners have been terminated from their patent department and they have been absorbed in the gram panchayat, therefore by circular dated 19.7,2005 issued by the chief secretary the petitioners cannot be repatriated to their parent department. now the petitioners have got no lien ..... departments have been directed to go back to their parent department, in such a way the petitioners submitted that the order passed by the chief secretary dated 19.7.2005 by which the petitioners have been directed to go back to their department is without jurisdiction and is liable to be set aside.8. on the other hand .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2005
Reported in : 2005(1)ALD(Cri)44; IV(2005)BC111; 2005CriLJ1977
..... to twice the amount of cheques. (the term of imprisonment has been raised from one year to two years by amending act no. 55 of 2002). according to section 2(w) of the cr. p.c. 'summons-case' means a case relating to an offence, and not being a warrant ..... appeared in pursuance of the summons, he applied for discharge under section 245(2), cr. p.c. and the same was allowed. the approach of learned magistrate is patently erroneous and against the law firstly, because the summoning order cannot be recalled and there is no provision for the discharge in a summons-case. the magistrate has wrongly ..... the accused-respondent no. 2 by applying the said provision.7. the provisions of section 138 of the negotiable instruments act, 1881 (as amended up-to-date) show that the offence under section 138 of the negotiable instruments act shall be punishable with imprisonment for a term which could be extended to two years or with fine which may extend .....
Tag this Judgment!Court : Allahabad
Decided on : May-04-2005
Reported in : 2005(3)AWC2468
..... and 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by c.p.c. amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) certiorari, under article 226 of ..... frequently arise before the high courts. we sum-up our conclusion in a nutshell, even at the risk of repetition and state the same as hereunder :(1) amendment by act 46 of 1999 with effect from 1.7.2002 in section 115 of the code of civil procedure cannot and does not affect in any mariner the jurisdiction of ..... is based on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.(6) a patent error is an error which is self evident, i.e., which can be perceived or demonstrated without involving into any lengthy or completed argument or a long-drawn process .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-02-2005
Reported in : 2005(2)AWC1055
..... evidence.10. it is further submitted that the impugned order has been passed ignoring the second proviso to section 115 of the civil procedure code as amended in the state of u.p. which provides that a revision against an11. interlocutory order may also be entertained, if the court is of the view that if ..... further evidence to prove his case.14. in gajar v. deputy director of consolidation and ors.-(supra) it has been held that in case where the order is patently erroneous or where in the interest of advancement of substantial justice an opportunity is required to be given, liberal view is to be taken. in that case also the ..... it is stated that under the provisions of order 16 rule 2 of the civil procedure code, read with order 18 rule 4 of civil procedure code and section 45 of indian evidence act, it is well settled principle of law that the plaintiff has liberty to examine witness, including expert evidence and he cannot be deprived of his right to adduce expert .....
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