Court : Allahabad
Decided on : Mar-31-2005
Reported in : [2005]61SCL161(All)
..... thus, the proposed scheme of amalgamation specifically provides that the board of directors or the committee constituted by the board of directors can extend modify or amend the proposed scheme of amalgamation or any condition therein for putting the proposed scheme of amalgamation into effect.127. it is submitted by shri satwinder singh ..... board meetings held on 22.4.2004 have passed the resolution (s) extending the period for sanctioning the proposed scheme of amalgamation uptil 31.3.2005 or within such further period or period as may be agreed upon by and between the transferor companies and the transferee company.122. copies of the ..... meeting of the unsecured creditors of the transferee company.'resolved that pursuant to the provisions of section 391 to 394 and other applicable provisions of the companies act, 1956, the scheme of amalgamation of rohit soaps & detergents private limited, rahul detergents private limited, singh detergents private limited and kanpur detergents and chemicals .....
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 : Mar-14-2005
Reported in : [2006]133CompCas455(All); 2005(3)ESC1618; [2007]74SCL68(All)
..... (amalgamation) order, 1948, and in partial modification of the court's notification no. 6103, dated july 26, 1948, as amended up-to-date, the chief justice of the high court of judicature at allahabad is pleased to direct that with effect from ..... considered other issues and held that it was merely a technical breach and the allahabad high court cannot be held to be patently lacking the jurisdiction, and their lordships opined that even otherwise the cases could not be transferred to lucknow bench, and ..... cannot be changed.16. the hon'ble supreme court in dr. manju verma v. state of u.p. and ors., (2005) 1 scc 73 considered the whole issue as well as the aforesaid judgments in nasiruddin (supra); rajasthan high court association (supra ..... position in regard to the exercise of jurisdiction, entertainment and disposal of the matters falling within the ambit of the companies act as enforced w.e.f. 25th july, 1949 shall stand restored in supersession of the intervening orders covering the subject .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-25-2005
Reported in : 2005(3)ESC2162
..... whom the college concerned has been affiliated, shall be permitted to pursue their studies keeping in view the letter and spirit of government order dated 4.1.2005 referred hereinabove, unless the committee decides otherwise. it is further provided that in case, petitioner submits a representation to the committee constituted by the state ..... are not so made, the statutes as in force immediately before the commencement of this act, insofar as they are not inconsistent with the provision of this act, shall, subject to such adaptations and modifications whether by way of repeal, amendment or addition as may be necessary or expedient, as the state government may, by modification ..... cent subject to fulfilment of other conditions provided by the impugned order. the government order has been made applicable for the session 2003-2004 and 2004-2005.2. it is the admitted fact on record that all the petitioners committee of management who had approached this court against the impugned order are the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-25-2005
Reported in : 2005(2)AWC1383; 2005(2)ESC1008; (2005)2UPLBEC1896
..... in all other cases along with the application for recognition.(2) if an institution which is already recognized at the commencement of the intermediate education (amendment) act, 1958, fails to comply with the provision of sub-section (1) within the period provided therefor, the director shall send a notice to such ..... which are extracted below:-'[16-cc. the scheme of administration in relation to any institution, whether recognised before or after the commencement of the intermediate education (amendment) act, 1980, shall not be inconsistent with the principles laid down in the third schedule.] [16-ccc. (1) where in relation to any institution, ..... the writ petition petitioners have not specifically challenged the jurisdiction of deputy director of education to approve the amendment in the scheme. an amendment application, however, has been filed by the petitioners on 25th january, 2005 after arguments had begun in the writ petition. the submission raised by counsel for the petitioner being .....
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 : Apr-19-2005
Reported in : 2005(3)ESC2032
..... of misrepresentation, fraud or mistake. in the present case it is apparent that the basic shiksha adhikari has proceeded to assume the jurisdiction under the u.p. civil laws amendment act. it is not understandable as to under which provision of the c.p.c. the basic shiksha adhikari has such power. it is, therefore, obvious that the basic ..... to prevent gross miscarriage of justice can also be corrected. the errors should be substantial and of compelling character which can be described either as a glaring omission or patent mistake. however, the court could not review on the same material because two views were possible on the same set of facts. the same judgment has held that ..... confers such a jurisdiction. as held in the case of m.a. haji v. tehsildar kozhi kode, 2005 sc weekly 1285, a mistake having occurred and any error apparent on the face of record can be corrected provided the error is patent, manifest or self evident. it was further held that an error cannot be termed as an error on .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-2005
Reported in : 2005CriLJ250
..... v) in case of foreign campus/campuses, the remittance of funds shall be governed 'by the reserve bank of india. (ii) d.o no. f.6-16/2005(cpp-i) dated april 2005 (annexure ca 14):1. all the deemed to be universities shall seek prior approval for the ugc for' any increase in intake capacity or for starting any course ..... payment of exorbitant amount of fees. it is said that on account of disgruntled elements the entire trouble has been created in the university. resultantly on 29 and 30 august, 2005 students of the university went on rampage. they caused much damage to the university properties, the police was al:- 'ailed to preserve tranquility in the university campus.- however, the ..... programmes by the deemed universities' (annexure - c.a.7). it has not been clarified whether moa was got amended. however, the fact remains that the approval from the u.g.c. has not been taken. provisions of the u.g.c. act are not very specific on the point to have the approval of the u.g.c before introducing any .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-22-2005
Reported in : 2006(3)AWC2434
..... shall re-enter upon the land:provided that where the period of five years has expired before the commencement of the uttar pradesh urban planning and development (amendment) act, 1997, or where the period of five years expires within one year after such commencement, the charge shall be realizable after a period of one ..... because of the general elections of the parliament and, therefore, it took some time in getting further funds released, which could be done only on 15th may, 2005, on clearance being given by ministry of statistics and programme implementation. government of india, on which date approximately rupees five crores and odd was sanctioned. however, ..... the desire of the state government for construction and expansion of lohia park and thereafter revised building plans were submitted which were sanctioned only on 17.3.2005. in this reply, it was specifically mentioned that the work of establishing the badminton academy has already been completed and that the complete structure of .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-29-2005
Reported in : 2005(4)AWC3630
..... drawn process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent.(7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial ..... 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 complicated argument or a long ..... the tenant-petitioner.4. aggrieved thereby, the tenant-petitioner preferred an appeal under section 22 of the act before the appellate authority. during the pendency of the appeal before the appellate authority, the petitioner-tenant filed an amendment application bringing certain new facts on record to the effect that one tenant ram shanker gupta has vacated .....
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