Court : Allahabad
Reported in : 2005(2)ESC1436
..... superannuation ranging from principal, teachers and other employees to be sixty years. there is no provision akin to section 38(1) of osmania university act, 1959 under u.p. intermediate education act, 1921, providing for that there should be uniform service conditions of service for teaching and non-teaching staff of the institution. merely because ..... ble apex court in view of specific provision as contained under section 38(1) of the osmania university act, 1959 which provides that there should be uniform condition of service of teaching and non-teaching staff of the university if same was not otherwise impracticable, found that there was nothing on the record to indicate ..... of selection of both set of persons are different. class iii and class iv regulated under the provisions of u.p. group 'd' services rules 1985 as well as under the provisions of recruitment of class iii employee service rules 1998.(iii) educational qualification, eligibility and experience of work of teaching and non .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)AWC2347; (2002)1UPLBEC352
..... with the provisions of section 35 (3) of the bihar university act, 1951, services were terminated on the ground that the appointment was irregular. section 35 (3) of the act provides : '35 (3) any appointment or promotion made contrary to the provisions of the act, statutes, rules or regulations or in any irregular or unauthorised ..... he was appointed and was working. that for making selection of group 'd' post, rules have been made, namely, the group 'd' employees service rules. 1985. rule 16 provides for constitution of the selection committee and rule 19 provides forprocedure for selection. rules 16 and 19 are quoted below : '16. constitution of ..... filed by the standing counsel in which it has been stated that the selection committee has not been constituted in accordance with group 'd' employees service rules, 1985 as amended by 1986 amendment. dr. o. s. singh did not constitute selection committee in accordance with the government orders. for selection, neither the advertisement .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All66; (1997)3UPLBEC2096
..... an assessee must go through the statutory proceedings. the submission of learned counsel for the respondents is that in view of the provision of section 28 of the universities act, the respondents have power to pass any resolution in respect of holding a test for admission to the affiliated colleges also. learned counsel for the petitioners in ..... it is necessary to see the relevant sections as pointed out by sri pankaj mittal, the learned counsel on behalf of the university. he placed before the court section 68 of the u. p. state universities act. the relevant provisions read as under :--section 68--'reference to the chancellor --if any question arises whether any person has ..... writ petition before this court under article 226 of the constitution of india.21. learned counsel for the petitioners has also cited decision reported in (1985) 3 scc 267 (269) : (air 1985 sc 1147), ram and shyam company v. state of haryana. this decision was delivered by the apex court of the country. on the basis .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC31; (2005)1UPLBEC283
..... this ordinance were in force at all material times.'19. the uttar pradesh urban planning and development (amendment and validation) act, 1985 (hereinafter referred to as act no. 21 of 1985) was published in the u.p. gazette on 23rd august, 1985. it was, however, deemed to have come into force on 22nd october, 1984. section 5-a remained the ..... expiration of a temporary act would be must depend upon the nature of the right or obligation resulting from the provisions ..... it is true for instance that offences committed against temporary acts must be prosecuted and punished for the act expires. if a prosecution has not ended before that day, as a result of the termination of the act, it will ipso facto terminate. but is that an inflexible and universal rule? in our opinion, what the effect of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
..... declared unconstitutional is void at all times and that its invalidity must be recognised and acknowledged for all purposes and is no taw and a nullity, this is neither universally nor absolutely true, and there are many exceptions to it. a realistic approach has been eroding the doctrine of absolute nullity in all cases and for all purposes. ..... to ask for a writ of mandamus restraining the concerned state or the officers from enforcing or giving effect to the provisions of that act or ordinance (see prabodh verma v. state of u. p. : [1985]1scr216 ). it follows from this that when a provision is declared ultra vires or void, then the court issues a writ of ..... main ground for striking impugned proviso is, there is no justification for classification between the cinemas which were under some incentive schemes and other class of cinemas. by amending act (act no. 14 of 1992) in section 3-a in sub-section (i) relevant sub-para (a) was introduced under which an extra charge of twenty-five paise, .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)2UPLBEC1738
..... in which in accordance with the provisions of section 35(3) of the bihar university act, 1951 services were terminated on the ground that the appointment was irregular. section 35(3) of the act provides :'35. (3) any appointment of promotion made contrary to the provisions of the act, statutes, rules or regulations or in any irregular or unauthorised manner shall be ..... technology and others; (2001) 1 uplbec 908, k.p. giri v. state of u.p. and ors. and jt 1998 (6) sc 464, basudeo tiwary v. sido kanhu university and others.(e) according to the petitioner he was not supplied with a copy of the inquiry report, which had been prepared ex-parte, without giving an opportunity of hearing ..... dated 6.8.1998 and the office order no. 44/87 (85-86) allegedly purported to have been issued by letter no. 1913 of the executive engineer on 11.7.1985 was never issued for the petitioner. according to para 5 of the counter-affidavit, sri anand mohan prasad, assistant engineer by a letter no. 271/memo, dated 27.1 .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC515
..... court dismissed the writ petition and observed that the petitioner has not exhausted the remedy of approaching the executive council or under section 68 of the state universities act. the petitioner thus had come before the high court without giving a chance or opportunity to the executive council for looking into the grievance and also ..... constitution against the impugned order and the high court dismissed the writ petition on the ground of availability of alternative remedy under section 68 of the state universities act.36. from the catena of decisions of the supreme court following propositions broadly flow :(i) statutory alternative remedy is not an absolute bar for the ..... of natural justice.30. the learned counsel for the petitioner further placed reliance upon the case of dr. shyam narain pandey v. v. c.. gorakhpur university, 1985 uplbec 99, in which the impugned order was found to be wholly void and ineffectual under law, the apex court observed that the writ petition cannot be .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ4136
..... further more even if the said provision is mandatory no interfeence can be made with the prosecution at this stage.15. section 50 of the narcotic drugs and psychotropic substances act, 1985 was held to be mandatory. in state of himachal pradesh v. pirthi chand, (1996) 2 scc 37 : air 1996 sc 977 the state of h.p. ..... p.p. sharma, reported in air 1991 sc 1260, the high court had quashed the prosecution on the ground that the samples were tested by rajendra agriculture university and found to be of standard quality on analysis. the supreme court reversed the order as it found that the result of the samples of the fertiliser supplied by ..... proprietor for a writ of certiorari for quashing the first information report dated 17-1-98 in crime no. 17 of 1998 under section 3/7 essential commodities act (hereinafter called 'the act' for convenience) p.s. kotwali, district gorakhpur.2. the prosecution case is that the respondent no. 3 additional district agriculture officer, gorakhpur inspected the .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ2782
..... madhya pradesh), opposite party no. 2, for offences committed under sections 8/21, 25, 27-a and 29 of the narcotics drug and psychotropic substances act, 1985 (hereinafter referred to as the 'act'). the copy of the complaint is annexure '1' to the revision-petition.3. the narcotics bureau in its complaint has alleged that the offences relate ..... iii) the test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. by and large, however, if two views are equally possible and the judge is satisfied that evidence produced before him while giving rise to some ..... and, thus, all the accused, named in the complaint, had committed the offence of illegal trafficking of narcotics drugs, which is completely prohibited and is an offence under the act. it has been alleged in the complaint that quddus, fahim, moinuddin, javed, hazi anwar, hafiz afjail, tayyab, zuber, aqil and najeem, accused, were absconding while .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2097
..... as assistant teacher during ll.b. iiird year course. the appellant have, however, failed to show any provision from the university act 1973, first statute or the ordinance of the university placing such a restriction. condition to attend 75% lecturers and tutorials, in our opinion, does not automatically lead to a ..... withheld her admission card.5. urmila singh, filed writ petition no. 34 of 2004 under article 226, constitution of india, against deen dayal upadhaya gorakhpur university and its other authorities/ officers including, namely, rewati raman pandey, mahesh chandra, rajendra singh and g.s. tewari the then vice-chancellor, registrar, examination ..... , required to interpret the expression 'post graduate course studies' or post graduate 'ordinance of the university of gorakhpur, gorakhpur' 1985 at page 130-appendix ix, part ii titled as degrees and examinations of other universities and bodies recognised by this university :'for admission to post-graduate : m.a., m.sc., ph. d., d; litt .....
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