Court : Allahabad
Reported in : 2004(173)ELT337(All)
..... 25% active ingredients as per ayurvedic texts and 75% sugar for taste and as a preservative, manufactured under drug controller's licence under the act 1950 was classifiable as ayurvedic medicine under sub-heading 3003.30 of tariff act 1985 and not as sugar confectionery.58. in b.p.l. pharmaceuticals ltd. v. ..... ingredients of the products in question are mentioned in the authoritative book of ayurveda, the mere fact that the ingredients are purified or added with some preservatives, does not really alter their character.66. from the aforesaid settled legal proposition, it becomes evident that while deciding the case like instant, the ..... decisive of the question of construction. the administrative construction, i.e. the contemporaneous construction placed by administrative or executive officers responsible for execution of the act/rules etc. generally should be clearly wrong before it is over-turned. such a construction commonly referred to as practical construction although not controlling, .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1735
..... wells, trees in abadi and all buildings, situate within the limits of an estate belonging to or held by an intermediary ..... of the land in question in favour of the plaintiffs under section 9 of the act. section 9 of the act is in the nature of an exception. at this place it is apt to quote section 9 of the act, which reads as under :'9. private wells, trees is abadi and buildings to be settled with the existing owners or occupiers thereof.--all .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1150
..... and this term clearly signifies enlistment, acceptance, selection or approval for appointment and not actual appointment or posting in service, while 'appointment' means an actual act of posting a person to a particular office. thus the word 'recruited' in rule 4.2 does not mean actual appointment.'87. in such circumstances, it ..... servant conducts himself in a way not consistent with due faithful discharge of duty in service it is misconduct. misconduct means misconduct arising from ill motive. acts of negligence, errors judgment or innocent mistakes do not constitute misconduct.15. private trade or employment.--no government servant shall, except with the previous sanction ..... lord denning advised a purposive approach to the interpretation of a word used in a statute and observed :'............it would certainly save the judges trouble if acts of parliament were drafted with divine prescience and perfect clarity. in the absence of it, when a defect appears a judge cannot simply fold his .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2414
..... order and, therefore, there was no order punishing the respondents for violation of the order of the high court and accordingly, the appeal under section 19 of the act cannot be held to be maintainable.21. in view of the aforesaid two recent decisions, we may safely conclude that the appeal against the impugned order is not ..... or decision passed in the exercise of its jurisdiction to punish for contempt. in this connection, we may look into the expression used in section 19(2)(a) of the act, which runs as under ;'pending any appeal, the appellate court may order that : (a) the execution of the punishment or order appealed against be suspended ;' 15. we ..... , including the question of maintainability of the proceedings would be heard together, even after the initiation of the contempt proceeding is not appealable under section 19 of the act, as the same is not an order or decision in which some dispute was decided or finding was given in the exercise of jurisdiction to punish for contempt. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... in discharge of the obligations laid on them by article 48 to endeavour to organize agriculture and animal husbandry and in particular to take steps for preserving and improving the breeds and prohibiting the slaughter of certain specified animals. these directive principles, it is true, are not enforceable by any court of ..... merit.(iii) peoples can not be deprived from the rights accrued to them by the statutory provisions contained in the u.p. states universities act, 1973. admittedly act has been legislated with the assent of president of india under article 254(2) of the constitution. accordingly the rights of petitioners will survive ..... the present controversy. in pursuance to provision contained in the the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994, it has been provided by the state government to provide reservation to candidates of obc category, scheduled caste, scheduled tribes and other classes. list .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC2447
..... . union of india, air 1988 sc 496, it was held that its institute of constitutional and parliamentary studies which was registered under the societies registration act was not an instrumentality of the state to come within the purview of article 12 of the constitution, although the financial contribution of the government was substantial ..... also, the observation of the learned single judge that there is deep and pervasive control by the state over all cooperative societies registered under the cooperative societies act is not based on any material an record. 6. in similar circumstances the supreme court in general manager, kisan sahkari chini mills ltd, sultanpur v. ..... the preliminary objection and held that there was deep and pervasive state control over the affairs of every cooperative society registered under the up. cooperative societies act. he further held that the cooperative societies were performing duties of a public nature.5. with great respect to the learned single judge we cannot .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC630
..... custody or management of the receiver :(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realisation, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents ..... estimated value of the property calculated in accordance with the rules in chapter xv of the revenue manual.'15. all the aforementioned provisions contained in the act and rules are in affirmative, and command the revenue authorities to fulfil requirements while proceeding to recover the dues as the arrears of land revenue. the ..... the matter to the revenue authorities to recover the amount in question as arrears of land revenue. certificate of recovery sent under section 11a of agricultural credit act, 1973, has been filed as annexure-1 to the writ petition. during the course of argument it was submitted by the petitioners' counsel that, the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All117; 2005(3)AWC2272
..... it was further alleged that civil court has no jurisdiction to try the suit as it was barred by section 331 of the u.p. zamindari abolition and land reforms act.6. after going through the pleadings of both the parties, learned additional munsif framed issues in respect of ownership and possession of the land, valuation and payment of court- ..... fee, section 331 of the u.p. zamindari abolition and land reforms act, and non-joinder of anoop singh. no specific issue was framed about the genuineness of the will deed.7. balbir singh examined himself as p.w. 1 and onkar ..... the will deed executed it cannot be decided by the revenue court. therefore the suit was not barred by section 331 of the u.p. zamindari abolition and land reforms act. it was held that it was civil court and not revenue court who was competent to decide the suit.8. when the suit was decreed, balzor singh, appellant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2005All147
..... laid by the learned counsel that the main object for framing of such rules should have been, in view of the decision of the full bench, to preserve the national wealth by prudent and discriminating exploitation of mineral. after considering the aforesaid submissions in detail, we are in vain to find out any demonstrable valid ..... accompany such applications) and the manner in which such applications shall be disposed of;(qq) the manner in which rehabilitation of flora or other vegetation such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by ..... . further, impugned rule 9(2) (3) embodies an unreasonable classification having no rationale relation or nexus with the objects of the mines & minerals (regulation & development) act, 1957 and, hence, is violative of article 14 of die constitution of india.ii. the impugned rules is in the nature of unauthorized subordinate legislation. the power to .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
..... discharge of the obligations laid on them by article 48 to endeavour to organise agriculture and animal husbandry and in particular to take steps for preserving and improving the breeds and prohibiting the slaughter of certain specified animals. these directive principles, it is true, are not enforceable by any court ..... development of teacher education and for the determination and maintenance of standards for teacher education and for the purpose of performing its functions under this act, the council may--(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof ;(b) make recommendations to ..... government and affiliated or associated colleges, and such directions shall be binding on such colleges.(5) notwithstanding anything contained in any other provision of this act--(a) reservation of seats of admission in any course of study in university, institute, constituent college, affiliated college or associated college for the students .....
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