Court : Allahabad
Reported in : AIR1957All719
..... , even at the stage of second appeal, that he had acquired the right of an adhivasi under section 20 of the zamindari abolition act but where no such plea was put forward, the plaintiff's suit for ejectment, which had been decreed before the coining into force of the zamindari abolition act, was not to be dismissed simply because subsequently the rights of the zamindars had been abolished in some classes of land.the dismissal ..... retrospective, (they have clearly not been given any retrospective operation), but the question is whether the coming into force of the zamindari abolition act, during the pendency of the suit in the trial court, necessarily meant that the declaration claimed should be refused.the cases, where ejectment of a defendant is sought and a legislation is passrd ..... counsel for the petitioners urged that, in order to avoid multiplicity of litigation, the rights of the petitioners, under the zamindari abolition act should have been considered by the board of revenue, but, as i have stated above, the matter was a discretionary ..... if the right which the defendants claimed under the provisions of the zamindari abolition and land reforms act is such as to take away the right of the plaintiff or if the right which has been acquired by the defendants was such as would have been inconsistent with the right claimed by the plaintiff, it will certainly be open, to the revenue courts to refuse the relief or declaration to the plaintiffs.the plaintiffs may as well have been .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3445
..... in the said case, though the parties therein were relegated to the civil court for adjudication of their rights by adducing evidence on facts but granted the interim relief till the disposal of the suit for the reason that the matter remained pending before the court to be decided after disposal of the suit. ..... question involved therein had been as to whether the moti moree held by the petitioner and his ancestors under a grant was part of jagir within the meaning of the bombay merged territories and areas (jagir abolition) act, 1954. ..... pending before the court, the writ court has no competence to issue any direction protecting the right of the petitioner interregnum, for the reason that writ does not lie for granting only an interim relief and interim relief can be granted provided the case is pending before the court and rights of the parties are likely to be adjudicated upon on merit.14. ..... the court held as under:the question which we have to determine is whether directions in the nature of interim relief only could be granted under article 226, when the court expressly stated that it refrained from determining the rights of the parties on which a writ of mandamus or directions of a like nature could be issued. ..... the issue involved herein is as to whether this court has a power to grant the relief sought at this stage to the petitioner when the petition has been dismissed as withdrawn and the matter has neither been adjudicated upon on merit nor examined at all.8. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
..... of the university grants commission or the state or national education policy with regard to the qualifications of the teachers, require the executive council to make new or additional statutes or amend or repeal the statutes referred to in sub-section (1) or sub-section (1-a) within a specified time and if the executive council fails to comply with such requirement the state government may, with the assent of the ..... and in the case of any existing university, for so long as the first statutes 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 shall not be called in question. ..... under section 13 of the uttar pradesh state universities act, 1973 (in short referred as an act), the vice-chancellor of university has got general power to supervise and control over the affairs of the university including the constituent colleges ..... under :'a plea was taken in the high court that the petitioner has no .right to seek a writ of mandamus under article 226 of the constitution basing his relief on a directive principle contained in the constitution. ..... terms whereof incentive are being given to the private industries for generating employment or reduction in taxes is being proposed if graduate are employed. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... ;'registered graduate' means a graduate of the university registered under the provisions of this act or under any enactment repealed by this act;'statutes', 'ordinances' and regulation' means receptively the statutes, ordinances and regulation of the university;'university' means an existing university or a new university established after the commencement of this act under this act under section 4;'working men's college' means an affiliated or associated college recognized as such ..... assigned to the states cannot be sustained in face of the very important subjects assignment to the states in list ii, and the same applies to taxing powers of the- states, which are made mutually exclusive of the taxing powers of the union so that ordinarily the states have independent source of revenue of their sources of revenue available to the states are substantial and ..... universities act 10 of 1973, as amended by the act 15 of 1980, the later came into force from january 1, 1979, for short 'the act' provides that;'notwithstanding contained in any other provisions of this act, admission to medical and engineering colleges and to course of instruction for degrees in education or ayurvedic and unani systems of medicine (including the number of students to be admitted), shall be ..... under :'a plea was taken in the high court that the petitioner has no right to seek a writ of mandamus under article 226 of the constitution basing his relief on a directive principle contained in the constitution. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2226
..... stateuniversity act, 1973, called act, 1973had not commenced. ..... section 40 andchapter xi-a are relevant for presentwhich show present institution, whichclaimed to be affiliated bysam pu ranan d sanskritvishwavidyalaya is governed by act,1973. ..... state universities act,1973. ..... 36497 of 1997 and to permit the students in the forthcoming examination of 1999 scheduled to be held in april/may, 1999 and certain other consequential relief. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001LabIC4091
..... the manner mentioned in the explanation to section 20 of the uttar pradesh state universities act, 1973 ;(e) has been found suitable for regular appointment by a selection committee constituted under sub-section (2) ;may be given substantive appointment by the management of the college, if any substantive vacancy of the same cadre and grade in the same department is available on the date of commencement of the act referred to in clause (a).(2) the selection committee consisting, the following members namely ..... 1992 :(b) was so appointed after three months of the notification to the commission under subsection (1) of section 16 as it stood before its omission by the act referred to in clause (a) , or if appointed within such period, no recommendation was made by the commission within such period ;(c) possessed on the date of suchcommencement, thequalifications required forregular appointment to thepost under the provisions ofthe ..... 1992, (hereinafter called the 1992 amendment act), and the uttar pradesh higher education services commission (amendment) act, 1997, (hereinafter called the 1997 amendment act), the petitioner prays for issuance of a writ, order or direction, including a writ in the nature of mandamus, commanding the statutory selection committee, constituted under section 31c (2) of the 1997 amendment act, directorate of higher education, allahabad through its director, to consider his case for regularisation ..... 1991 stood repealed with ..... entitled to any relief in this .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... land being seized and forfeited for rebellion after 1857 and the reference to forfeiture for crime under the criminal law, would be legislations which preceded the present code of criminal procedure, 1973, rather than interpreting what is contained in the commentary, it would be best to reproduce it:--'right to lapsed lands. & c. ..... amendment) act, 1959, is hereby repealed with effect from the date of its enforcement and shall always be deemed to have been so repealed as if it had no force and effect at any time whatsoever ; anything to the contrary in the ..... development act, 1973. ..... such properties, that is, of which grants could be made, the government grants act, 1895, has five attributes on the basis or which dispositions were made or can be made for transferring the possession of land whether by lease or licence, as the ..... 1939 and the agra tenancy act, 1926 and, thus, the amendment incorporated to the government grants act, 1895, declared, in effect, that grants under the government grants act, 1895 will override any grant made under ..... before the abolition of zamindari, there was ..... of grants which are made under the government grants act, 1895 all are not of lands which are ..... the grants conferred under the government grants act, 1895, should the occasion arise to interpret them, it has been consistently held that such grants do not pass prerogative ..... (emphasis)almost completely based on the delhi development act, 1957, is the enactment which deals with urban planning and development .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All250; (1991)1UPLBEC441
..... state universities act, 1973 (here-in-after referred to as the 'act') has been referred to in support of the above ..... in the aforesaid facts and circumstances the petitioner filed the present writ petition in this court for the reliefs to quash the aforesaid two orders and further to direct the respondents to admit the petitioner in m.sc ..... the reasons above, the petitioner is entitled for the reliefs claimed in the writ petition. ..... in the present case as i am not satisfied that such course has actually been abolished in accordance with law, i am not expressing any opinion about the validity of the alleged abolition. ..... after considering various provi-sions of act it was held that entrance examination has rightly been introduced and in this context their lordships held that the university authorities are bound by the ..... in order to provide relief to the students having two years course degree a bridge course was started and the students were allowed admission thereafter for doing post ..... 45(3) of the act which reads as under :'the university shall have the power to recognize (for the purposes of admission to a course of study for a degree), as equivalent to its own degree, any degree conferred by any other university or, as equivalent to ..... 6 of the act which reads as under :--'university open to all classes and ..... 6 of the act as argued by the learned counsel for the petitioner and the argument cannot be advanced at this stage without laying down the foundation for the same in the writ .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All188; (1990)2UPLBEC1110
..... state universities act, 1973. ..... the very locus standi of rachpal singh to be on the kshettra samiti, reference section 6 of the act, is that he must be an elector on the assembly rolls of the area of the khand within the sphere of which the kshettra samiti is to operate. ..... (9) a dispute was raised in an election petition under section 14(2) of the act that rachpal singh was not even eligible to be a member of the kshettra samiti, bazpur vikas khand, district nainital. ..... district judge to probe every nook and corner of the issues before him to see that rachpal singh's fraud has not tampered the result of the election and if it has, remedy the situation under the act and the rules, and in accordance with law. ..... in the present case, rachpal singh's entry into the kshettra samiti, is an act of fraud, not even resisted before this court. ..... now, referring back to sub-section (1 a) of section 7 of the act, it is clear that the kshettra samiti may be functioning, what-ever may be the reason, without a member representing co-operative societies as under sub-clause (iii) of section 6(i) or even without co-opted members referred to under subsection (2). ..... the reference is to the first proviso to section 6 of the act, immediately following the extract of the section quoted above. ..... 340 of the criminal procedure code, 1973, shall take sufficient security for the appearance of rachpal singh before the chief judicial magistrate.56. ..... all these writ petitions are not worthy of receiving the reliefs sought. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1547
..... regulation and abolition) act, 1970, employees' state insurance act, 1948. ..... employed in connection with the business of the company.conclusionsthe questions involved in this petition are confined to following:-(i) whether a trainee or an apprentice is an 'employee' within the definition under the payment of gratuity act(ii) whether the period of training has to be counted towards 'service' for the purpose of calculation of gratuity under the payment of gratuity act, 1972 and(iii) whether the training period is to be counted as service for payment of gratuity in terms of clause 4.2 of the v.s.s/v.r.s?43. ..... the aforesaid case were employees of public sector undertaking and claimed three installments of interim relief at par with the central government employees in terms of the recommendations of vth pay ..... it is urged that since they had been absorbed in service on 16.11.1973 in continuation after successful completion of their training on 15.11.1973, there was no break in their service and hence the training period should be added for the purpose of gratuity in continuity of their service as per clause 4.2 of ..... after completing the training on 15.11.1973 all of them were absorbed in the corporation on the post ..... 1973 ..... 1973 ..... be imparted at the training center and plants of gorakhpur unit or in any unit/division of the fci; that on successful completion of training, he was appointed, as operator on 16.11.1973. ..... 1973 ..... were appointed by the corporation and they joined their service on 16.11.1973.5. .....
Tag this Judgment!