Court : Allahabad
Reported in : 2003(2)AWC1403; (2003)1UPLBEC528
..... are less than zero, the candidate will be given zero mark in that subject.if after scaling the scaled marks exceed the maximum mark, the candidate will be given the maximum marks in that subject.in the preliminary examination scaling will be done at the stage of optional paper and in the mains examination scaling will be done of all the papers at examiner's level.the merit will be determined after adding the scaled marks in each subject.if the scaled score is in decimal, the same will be converted into whole ..... was held that the addition of two marks by way of moderation to the marks obtained in any written paper or to the aggregate of the marks in order to make a candidate eligible to appear in the viva voce test would indirectly amount to amendment of clause (6) of the appendix. such ..... support of his submission, learned counsel has placed reliance on maharashtra state board of secondary and higher secondary education and anr. v. paritosh ..... public service commission (regulation of procedure) act, 1985, and it provides that the commission may make rules not inconsistent with the provisions of the act for the regulation of its procedure. section ..... of housing and local government, (1965) 1 wlr 1320, it was held that if the decision-making body has gone wrong in its interpretation, its order can be set aside. in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1981All75
..... since i have come to the conclusion that by the time the present suit was filed, nagta had prescribed title as maurusidar to the specific plots of land in his possession, and to which the suit giving rise to the present second appeal relates, and the suit for possession against him is liable to be dismissed on that ground, it is not necessary to consider the said plea sought to be raised by the application for amendment of the written statement. ..... the papers filed by the parties in this court for ascertainment of the position of the parties in the revenue records after the enforcement of the kumaun and uttarkhand zamindari abolition and land reforms act may be returned to them. 8. ..... the first dated 2nd april, 1965 shows, that on certain specified plots of land the name of nagta singh was ordered to be entered in class 5 (varg 5) by the assistant record officer. ..... the second endorsement dated 9th june, 1965 shows that the name of nagta singh was ordered to be expunged from the main tenant's column under an order dated 20th march, 1964 of the assistant records officer. ..... the third endorsement dated 30th may, 1967 shows that the name of nagta singh was expunged under an order dated 24th march, 1965 in appeal no. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1975All73
..... as the division bench in : air1958all729 emphasised even though it may be a notice to quit or vacate under section 111(h), still, the requirement of section 106 (as it stood before its amendment by the civil laws amendment act, 1954) that there should be a termination of tenancy on the expiry of the month of tenancy, had also to be complied with and the notice before the full bench in ilr (1885) 7 all 899 (fb) did not comply with such requirement of law. ..... by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the coming into operation of this act, to be in such service or employment;'substantially, identical language has been used in section 14(1)(i) of the delhi rent control act, 1958, in section 12(2)(i) of the madhya pradesh accommodation control act, 1961, in section 13 (1)(g) of the rajasthan premises (control of rent and eviction) act, 1950, in section 13 (1) (g) of the west bengal premises tenancy act, 1956 and in section 21 (g) of the mysore rent control act, 1961.shri dayal ..... fida hussain saheb air 1965 gc 610. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)AWC594; (2005)1UPLBEC958
..... the writ petition has been filed challenging the said supplementary award on the ground that by virtue of the amendment in act, which came into force on 24th september, 1984, the award could be made only upto 23rd september, 1986 and not at subsequent stage, as it would lapse by virtue of the provisions of section 11a of the act and the supplementary award was made subsequently, though purported to have been made on 22.9.1986 and it is not the real and genuine award. ..... the supplementary award is definitely an ante-dated document and, thus, is liable to be quashed and as there was no award in fact within a period of two years from the date of commencement of the amendment act, the proceedings stood lapsed.5. ..... it has been held that where a large area of land is acquired and the plots, which are subject to acquisition, belong to large number of persons, if other persons have not challenged the acquisition proceedings, it is difficult to believe that appellant was not aware of the initiation of the acquisition proceedings as the acquisition of the said land would be the talk of the town in a short time and if the person interested failed to approach the writ court within reasonable period, the petition should fail only on the ground of delay.9. ..... state of maharashtra, air 1984 sc 866 ; ram chand v. ..... , air 1965 raj 86 ; ganga ram v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All45
..... 'a new section 28, providing for the membership of the committee of reference, was brought in by the same amendment act to replace the earlier provision. ..... all these provisions were inserted in the act simultaneously with section 28 by the amendment act of 1954. ..... then the amendment act also effected changes in the manner of appointing the treasurer. ..... section 28 in its present form was to the act by the allahabad university (amendment) act, 1954. ..... 1444), informs us that'the judges and barons of the former common law courts at westminster, other than the chief justices, were called puisne.the judicature act, 1925, section 2, replacing the judicature act, 1877, section 5, provides mat the high court shall be constituted of the following judges, that is to say, the lord chancellor, the lord chief justice, the president of the probate division and the puisne judges of the several divisions........so also we find it said in stroud's judicial dictionary (edn. 3, p. ..... the act has been amended from time to time, and for reasons which it is not necessary to mention here, the provision laying down the procedure governing the appointment of the vice-chancellor, was amended by the uttar pradesh university act, 1961, and a new provision was substituted for the earlier one. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All93
..... stamp (amendment) act, 1962 and referred the following questions of law for decision to this court:--1. ..... there is no warrant for the importation of the requirements of either of the transfer of property act or the registration act to construe documents or instruments under the stamp act as the latter act itself specifically defines the terms used therein. ..... in that case, it was held that the list of bids and the resolution of the board accepting the bids constituted a contract in writing within the meaning of section 97 of the act and it was not necessary for the purpose of complying with section 97 of the municipalities act that the contract should be contained in one document signed by both the parties. ..... stamp (second amendment) act, 1958 with a duty. ..... it reads;'2 (17) mortgage deed-- 'mortgage deed' includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or theperformance of an engagement, one person transfers, or creates to, or in favour of, another a right over or in respect of specified property.'15. ..... it appears that the municipal board, bisalpur, district pilibhit, held auctions for letting out the right of collection of tah bazari for the year 1965-66. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All447
..... union of india : [1969]2scr232 and the supreme court gave the following reasons for adhering to the earlier view:'in amending articles 158 and 178 the legislature acted upon the view that the references to the code of civil procedure, 1908 in the second schedule to the limitation act could not in the absence of the amendment be construed as references to the arbitration act, 1940. ..... agriculturists relief act, 1934, came into force soon after and the judgment-debtor applied for amendment of the decree under that act. ..... counsel for the bank has strenuously urged that the limitation act, 1963 is applicable to an application made under section 4 of the act end therefore, the application made by the judgment-debtors in the instant case on 3rd june, 1965 was barred under article 137 of the limitation act, conceding, however, that no period of limitation was provided for such applications by the limitation act, 1908 and that article 181 of the said limitation act was not applicable to all such applications and petitions. ..... on 3rd june, 1965, rena sheo ambar singh claiming sole ownership of 67 villages filed an application for reduction of the decretal amount under section 4 of the act stating therein that the cause of action for making the application arose on 2nd june, 1965 when the allahabad high court in smt. ..... 4,38,605 with interest at 51/4% and the amount due as on 23rd october, 1965 was rs. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All51; 1970CriLJ132
..... in support of such plea, judged by the test of the preponderance of probability, as in a civil proceeding, fails to displace the presumption arising from section 105 of the evidence act, in other words, to disprove the absence of circumstances bringing the case within the said exception; but upon a consideration of the evidence as a whole, including the evidence given in support of the plea based on the said exception or proviso, a reasonable doubt is created in the mina of the court, as regards one or more of the ingredients of the offence, the accused person, shall be entitled to the benefit of the reasonable doubt as to his guilt ..... state of maharashtra, : 1964crilj437 it was explained that the position of the accused under section 105, indian evidence act is not the same as that of an accused in a prosecution under section 411, i.p.c. ..... if it is considered that the present legal position is unsatisfactory, it is open to parliament and state legislatures to make the necessary amendments in the indian penal code and the indian evidence act.21. ..... official receiver of the estate of daulat ram surana, : [1965]1scr220 ; kanwar singh v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All109
..... some arguments were advanced by the learned counsel for the applicant as to the requirements of sub-section (7) of section 10 of the prevention of food adulteration act (referred to hereafter as the act) and the amendments made therein under the amendment act 49 of 1964. ..... against the applicant is concerned, for we have it in the evidence that two persons shadi ram ..... ' under the law prior to the amendment, therefore, the food inspector was required to call not less than two persons as far as possible, while under the sub-section, as it stands after the amendment, he may call only one or more persons to be present at the time but the verb used in respect of them is 'shall call' which means that it is now mandatory on him to call one or more persons when he takes sample; but nothing turns upon this interpretation of this sub-section (7) so far the case ..... on 25th march, 1965, the food inspector k. p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All14
..... their lordships of the supreme court said that the main question for decision in the appeal was whether the state government acting under section 64-a of the bihar amendment act had the power to increase the number of permits for which applications had been invited by the regional transport authority and in deciding that question their, lordships examined the whole scheme of the act in the matter of granting stage carriage permits and observed :'it will be clear from this scheme of the act that the main section for the grant of a stage carriage permit ..... is section 48 and in passing an order granting or refusing to grant a stage carriage permit, the regional ..... 95 of 1965 jaya ram motor service v. .....
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