Court : Allahabad
Reported in : 2000(2)AWC1168
..... the basic assumption of the submission was that the maharashtra agricultural produce marketing regulation act was conceived in the interests of the agriculturists only and intended for ..... according to him, the produces, which the agriculturists actually bring at mandi yard commonly known as 'first arrival' is subject to the restrictions contained under section 7 (2) (b) of the mandi samiti adhiniyam and since the members of the plaintiff society do not purchase agricultural produce directly from agriculturists, but from traders or commission agents, who firstly purchased the same from agriculturists, therefore, the members of the plaintiff, society are purchasers of 'second arrival' and, therefore, the provisions of section 7 (2) (b) of mandi samiti adhiniyam are not ..... the learned counsel for the plaintiffs, respondents further contended that in view of 1998 amendment of section 17 of mandi samiti adhiniyam, no mandi fee shall be charged on such specified agricultural produce over which mandi fee had already been levied in the mandi yard and, therefore, the agricultural produce, which arc purchased from traders, who had already paid mandi ..... it is also clear under section 21 of the general clauses act that when a power to issue notifications, orders, rules, or by-laws is conferred, then that power includes a power to exercise in the like manner and subject to the like sanction and conditions, if any, to add, to amend, vary or rescind any notifications, orders, rules or by- .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... created on acceptance of the contention raised by the counsel, for the university and union of india would be that, in case it is held that amendment incorporated vide act 1981 declare aligarh muslim university to be a minority institution with reference to article 30, it would logically follow that the amendments made vide amending act, 1951 and the amending act of 1965, whereby the constitution of the governing bodies was altered by the legislature would ipso facto be rendered void, being hit by article 13 of the constitution of india inasmuch as the amendments made by the act of 1951 and 1965 would violate the rights of the minority ..... institutions vested under article 30 of ..... . state of maharashtra and anr ..... . state of maharashtra and ors .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All1b
..... accordance with the law declared by the supreme court in the case of : [1965]2scr713 despite the teacher of the affiliated college of the meerut university having been appointed under a written contract the provisions of statute 30 and of sub-section (3) of section 25-c of the agra act or sub-section (3) of section 28 of the meerut act will have the force of law and the relationship between the parties cannot be said to be purely contractual, the conditions of service being governed and regulated by law and the teacher would be entitled to a declaration or injunction as the management constituted by the university acts and the ..... . what was provided by clause (aa) of sub-section (1) of section 50 of the meerut act was that the state government may, for the purposes of removing any difficulty in relation to enforcement of the act direct that all or any of the statutes or ordinances made under the agra university act, 1926 shall with such adaptation and modifications whether by way of addition, amendment or omission as it may be deemed to be necessary or expedient, apply in relation to the university for so long as the first statutes in respect of the same subject-matter are not made under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All1; [1971]27STC402(All)
..... while enacting the amendment act, parliament considered it proper to grant some relief from the burden of the tax occasioned by the amendments introduced in the principal act, and accordingly section 10 of the amendment act exempted from tax those dealers who had effected inter-state sales between november 10, 1964 and june 9, 1969 and had not collected the tax from their customers on the ground that such tax was not ..... and sons, 1965-16 stc 231 = (air 1965 sc 1510) (supra) and in subsequent cases indicated me necessity of amending the scheme expressed in the principal act in order to give effect to the original intention of the law-makers that while the incidence of tax, the point of levy and the determination of turnover for the purpose of collecting the tax should be regulated by the central act, matters of a procedural nature such as the procedure for collection of tax and the machinery related thereto should be regulated by the state act. ..... in view of the amendment act, permission was granted to the petitioner to amend the petition and a number of grounds have now been included challenging the constitutional validity of the amendment act, during the hearing of this petition, learned counsel for the petitioner has confined himself to those grounds ..... the facts of the case and the history leading to the passing of the central sales tax (amendment) ordinance 1969 and the central sales tax (amendment) act 1969 (hereinafter referred to as the amend-ment act) have been dealt with by .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All12
..... their lordships of the privy council were considering section 2 of the defence of india (amendment) act, 1940 and the rules framed thereunder. ..... -section (2) of section 43 of the co-operative societies act with the opening portion of sub-section (2) of section 2 of the defence of india act, we find that in the defence of india act the words used were simply these:'without prejudice to the generality of the powers conferred by sub-section (1), the rules may provide for, or may, empower any authority to make orders providing for all or any of the following matters, namely:'in sub-section (2) of section 43 of the co-operative societies act the opening words are:'(2) 'in particular' and without prejudice to the generality of the foregoing power ..... the preamble of the act says that the act is enacted as it was expedient further to facilitate the formation of the co-operative societies for the promotion of thrift and self help among agriculturists, artisans and persons of limited means. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All26
..... being in force, every person who, on the date of the commencement of the united provinces tenancy (amendment) act, 1947, is a sub-tenant shall, subject to the provisions of the proviso to sub-section (3) of section 27 of the united provinces tenancy (amendment) act, 1947 be entitled to retain possession of his holding for a period of five years from that date, and for this period nothing in sub-section (2) of section 44 or section 171 shall render the landholder of such sub-tenant liable to ejectment under the provisions of section 171: provided that ..... the board of revenue allowed the appeal on 7-7-1963/11-4-1966 (7-7-1965 being the date of the judgment of the member of the board of revenue who heard the appeal and 11-4-1966 being the date of the order of concurrence passed by the other member). 4. ..... has in phailu's case, 1965 all lj 290 observed as follows:-- 'for all that was known when the question arose whether the section 183 suit should be decreed or not was that the act could be repealed before the end of the agricultural year and there would have been no ban on the passing of a decree in a suit under section 175 before the end of the agricultural year and the section 183 suit could be decreed. ..... tenancy act' with great respect to the learned judges who decided phailu's case, 1965 all lj 290, the question in that case clearly was whether, notwithstanding the provisions of section 10 read with entry iii of the schedule of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All25
..... the transfers in the present case in favour of the appellant were either made, or have been, with common consent, assumed to have been made, after the coming into force of the amending act.the transferees will, therefore, be bound by the principle embodied in section 52, as amended, provided that there was 'a right to immovable property directly and specifically in question in the suit' -- the other conditions of the section having been admittedly fulfilled.'22. ..... section 52 of the transfer of property act was amended by the transfer of property amendment act, 1923. ..... of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.explanation-- for the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order ..... he further pleaded that girja baksh singh had taken a loan from him in february 1964 in connection with marriage of his daughter and had executed a pronote on 5-2-1964 for a sum of rs. ..... 50 was paid by the plaintiff as further earnest money on 15-2-1965. ..... on 8-1-1965 defendant girja baksh singh entered into an agreement with the plaintiff to sell the aforesaid plots for a sum of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All97
..... in my judgment despite the amendment of section 3 by the amendment act of 1970, section 3 (1) (c) of the public moneys (recovery of dues) act, 1965 continues to violate article 14 of the constitution and is, therefore, ultra vires.45. ..... as may become due under the covenants hereinbefore contained, or in case of breach of any of the conditions by the borrower herein contained the creditor may realise the sum to be declared by the said district magistrate as then due to him on account of this loan as arrears of land revenue by sale of the property hereby given in security without the intervention of court or any other property of the borrower or in addition, or in the alternative, forthwith enforce against the said property hereby mortgaged or any part thereof all or any of the remedies of the holder of a simple mortgage ..... person (i) makes any default in repayment of the loan or advance or any instalment thereof, or(ii) having become liable under the conditions of the grant to refund the grant or any portion thereof, makes any default in repayment of such grant or portion or instalment thereof, or(iii) otherwise fails to comply with the terms of the agreement,--then, in the case of the state government, such officer as may be authorised in this behalf by the state government by notification in the official gazette, and in the case of the corporation, the managing director thereof, may, without prejudice .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(3)AWC2915
..... but subsequent to the enactment of section 55, section 100 of the code of civil procedure was substituted by a new section by section 37 of the code of civil procedure (amendment) act, 1976 with effect from february 1, 1977 and the new section 100 provided that a second appeal shall lie to the high court only if the high court is satisfied that the case involves a substantial question of law. ..... trailers/cranes/other very large vehicles--------------------------------------------------------------------------provided that the toll tax shall not be levied on vehicles,(a) belonging to the persons residing within the limits of meerut cantonment;(b) belonging to the central government or the state government;(c) belonging to the cantonment board meerut;(d) carrying solely funeral parties;(e) belong to persons and properties exempted under section 3 of indian tolls (army and air force) act, 1901 (2 of 1901);(f) belong/deployed in election;(g) tractor of agriculturists used solely for agriculture purposes;(h) buses carrying school ..... it, therefore, becomes clear that on a combined operation of regulation 2(b)(ii) and regulation 4(1) of the service regulations, 1959, the relevant rules which were in force in 1966 when the respondent-workman's services were terminated were the latter rules of 1965 and could not be earlier rules of 1949 which had got superseded and had ceased to exist on the statute book.13. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1406
..... the law from the vice of arbitrary and hostile discrimination, it considered the provisions to mean, in the absence of anything to the contrary, that the provisions of the land acquisition act, 1894, as amended by the 1984 act, relating to determination and payment of compensation would apply to the acquisition of land for the purpose of the state acts and held that while incorporating the provisions of the land acquisition act, 1894 in the state act, the intention of the legislature was that the amendments in the land acquisition act, 1894 relating to determination and payment of compensation would be applicable to the acquisition of land for the purposes of the state acts ..... in the case of maharashtra state road transport corporation (supra), the hon'ble supreme court was considering the question whether the amendment made to the land acquisition act, 1894 by the central act no. ..... act, 1965, does not deal with any other subject but deals with the same subject of land acquisition which otherwise would have fallen within the ambit of the central act, 1894. ..... avas evem vikas parishad adhiniyam, 1965, while considering the question whether the provisions of the land acquisition act, 1894, as modified by the state, stand incorporated in the state act or whether there is a mere reference of the land acquisition act, 1894. ..... act, 1965.36. ..... avas evam vikas parishad adhiniyam, 1965 given the power to acquire land. ..... avas evan vikas parishad adhiniyam, 1965 or not. .....
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