Court : Allahabad
Reported in : AIR1965All49
..... . accordingly it should be tested on the touchstone of section 7 as it stood on september 17, 1949, which ik its birth-day section 7, as (sic)t then stood, was the one inserted by the 1948 amending act, and comprised a proviso which was later deleted by the 1952 amending act section 7, as it then stood, was never referred to the court in any case including the present one, and i discovered it after arguments had finished ..... . murtaza ali : air1961all477 a full bench of which my lord the chief justice and i were also members, held that a regulation made in 1946 by the state government under section 297 of the municipalities act was ultra vires section 297 was amended after 1946, and the regulation was within the bounds of the amended section.it was argued that the regulation was revived by the amendment ..... . (temporary) control of rent and eviction (amendment) act, 1948 amended section 2(a)(iii) so as to inchicle in the definition of 'accommodation' a building constructed after july 1, 1946 ..... . the next amending act, passed in september 1952, made several amendments in the act ..... . state of punjab : [1963]3scr426 the validity of the proviso to rule 31(4)(b) made under the pepsu tenancy and agricultural land act, 1955 was challenged before the supreme court, section 32-a of the act fixed the limit of land which may be held by a person for cultivation .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All241
..... a full bench of the punjab and haryana high court has considered this conflict and held by a majority, that the principle enunciated in the municipal corporation's case : (1971)3scc821 is the correct one and ought to be followed (vide indo swiss times ltd. v. ..... ), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award, of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to the supreme court subject to the provisions contained in section 110 of the code of civil procedure, 1908, and in order xlv thereof ..... as amended by the karnataka amendment act, s. ..... 20 as amended by karnataka amending act.17. ..... section 3(b), which defines the expression 'person interested', reads:--'(b) the expression 'person interested' includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;'section 18 entitled a person who has not accepted the award to apply to the collector to refer the matter to the court both with respect to the quantum of compensation as well as apportionment thereof. ..... 20 of the land acquisition act was amended. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(4)AWC3731
..... but for the sake of order and regularity, and to prevent confusion in the conduct of public business and in security of private rights, the acts of officers de facto are not suffered to be questioned because of the want of legal authority except by some direct proceeding instituted for the purpose by the state or by some one claiming the office de jure, or except when the person himself attempts to build up some right, or claim some privilege or emolument, by reason of being the officer which he claims to be. ..... directed for appointment of authorised controller and further directed him to hold election from valid members of the society, before the deputy director of education a list of general body of 321 members was claimed which was held by the deputy director of education as not verified before by appropriate materials, thus according to the order of the deputy director of education the prabandh sanchalak was required to hold election from the valid members of the general body which direction presupposed determination as to who are ..... intermediate act, 1921 which has been duly approved and subsequently amended by the deputy director of education. ..... these two nominated members participated in the proceedings of no-confidence held on 12.8.1991 which was brought against the president of the municipal board mohd. ..... the judgment of the apex court in punjab communications ltd. v. ..... ; (1999) 4 supreme court cases 727 punjab communications ltd. v. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC943; (1999)IILLJ1093All; (1999)1UPLBEC27
..... state of uttar pradesh and others, jt 1998 (2) sc 354, supreme court examined the question whether an employee at theend of probationary period automatically gels confirmation in the post and explained the legal position as under :'whether an employee at the end of the probationary period automatically gets confirmation in the post or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary, will depend upon the provisions in the relevant service rules relating to probation and confirmation. ..... the service of the petitioner was terminated from the bank with immediate effect vide letter dated 3.8.1985 issued in terms of regulation 10 (2) (a) of the regulations read with the piathmabank (staff) service amendment regulations. ..... the constitution bench of this court in that case interpreted the punjab educational service (provincialised) cadre) class iii rules and found that there was a maximum limit of three years beyond which the period ofprobation could not be extended. ..... the municipal board, kanpur. ..... a similar view was taken in the case of municipal corporation, raipur u. ..... union of india and others, 1997 (9) scc 243 : municipal corporation, raipur v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All235
..... 1935 was similar to entry 3 of, list ii of the constitution, as it stood before its amendment by the constitution (forty second amendment) act, 1976.56. ..... of punjab. ..... of india : 1982crilj340 by remarking ;'he observed : i am inclined to think that the presence of the due process clause in the 5th and 14th amendments of the american constitution makes significant difference to the approach of the american judges to the definition and evaluation of the constitutional guarantee. ..... the proposition that where state statute made it a criminal offence punishable by imprisonment for not less than 90 days and not more than one year, to the persons addicted to narcotics, even though the accused had never touched any narcotic drug within the state or had been guilty of any irregular behaviour there, the punishment by the act was cruel and unusual and as such, was in violation of eight and fourteenth amendments. ..... upon appeal, the defendant asserted to punish him criminally would be cruel and unusual punishment, contrary to the eighth amendment, as applied to the state under the fourteenth amendment, since the defendant was afflicated with the disease of chronic alcoholism and his appearance in public was not of his ..... evidence was required, it must be supposed that it was before the legislature when the act was passed; and if any special finding was required to warrant the passage of the particular act, it would seem that the passage of the act itself might be held equivalent to such finding. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All122
..... opinion that (a) the 'time requisite' for obtaining a copy of the decree or order within the meaning of section 12 (2), limitation act, is the time necessarily required, and over which the appellant had no control, in the preparation of the decree or order appealed from, and the time necessarily taken, and which was beyond the control of the appellant, in the preparation of a copy of the decree or order appealed from, and (b) the time necessarily required in the preparation of the decree is to be excluded, even though an application for a copy of the decree was made after the preparation of the decree ..... 12, limitation act, if the delay in signing the decree delayed the applicant in obtaining a copy of the decree and not otherwise and pointed out that in the case before him no application for copy was made until the 15th april; so that in no sense was the applicant delayed in obtaining a copy of the decree by the fact that the decree was not signed by the judge on the date the judgment was pronounced, but was signed on the 1st april and held that the period between the 29th march and the 1st ..... in accordance with this order some amendments were made in the draft decree and the decree was signed by the deputy registrar and was ready on 17-10-1947.7. ..... . the remarks of their lordships must be read as confined to cases of the same nature as the case before them : see punjab co-operative bank ltd. v ..... . municipal board a.i.r ..... municipal board, nawabganj a. i. r. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC1938; [2000(87)FLR134]
..... the supreme court rejected the contentions of themunicipal corporation that female muster roll employees of delhi municipal corporation were not entitled to the maternity benefits on the ground that their services were not regularized or provisions of the act were not extended to the municipal corporation. ..... the alternative submission of the learned counsel for the state is that even in case this court comes to the conclusion that ad hoc female government servants are also entitled for the benefit of maternity leave, then unless the rules are amended, the said benefit cannot be extended to the petitioner or such employees. ..... the petitioner in that case was an employee of the state of haryana and, therefore, an argument was raised by the respondents' counsel that the aforesaid instructions would not be applicable in case of the petitioner as the said instructions were issued by the government of punjab. ..... i find that the punjab and haryana high court in the case of savit ahuja(supra) was considering almost exactly the same phrase namely 'the female government servant, whether permanent or temporary'. ..... by means of the instructions dated 31st august, 1983 in the shape of clarification, the state of punjab clarified that the aforesaid provision of the rule is uniformly applicable to permanent and temporary government employees. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2003All140
..... him, under the societies registration act, the election of the members of the managing body of a society is contemplated and the managing body of the society cannot be nominated in view of the provisions of section 3a (4) of the societies registration act (hereinafter referred to as the act) and also section 4(1) and (2) of the said act.14. ..... if the submission of the learned counsel for the petitioner is accepted, then it would mean that in view of the 1975 amendment in the societies registration act which came into ..... this fact was pointed out to the learned counsel for the petitioner, he sought permission to amend relief (b) of the writ petition and confined to orders passed oh the applications filed by the petitioners under order 7, rule 11, ..... so far as the question as to whether the suit is barred by the provisions of the societies registration act is concerned, it may be stated that according to the plaint allegations, the petitioner who is defendant in the suit, had not been successful in his effort to claim himself as president of the mission as legally elected, nominated president of the mission as would be clear from a series of litigations ..... similar view was taken by this court in the case of municipal board, falzabad (air 1976 all 349) (supra) wherein this court has held as follows :'the jurisdiction of a civil court to entertain a suit depends upon the allegations in the plaint and not upon what, may ultimately be found to ..... 5 jt (sc) 182, punjab state electricity board v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All31; 1967CriLJ13
..... the material things to note are that under section 577 (e) of the nagar mahapalika act the officers in the employ of a municipality before the appointed day became officers employed by the mahapalika in a temporary capacity clause 3(1) of the fourth removal of difficulties order authorised mukhva nagar adhikari to appropriately change the designations of the existing officer as may be neces-sary having regard to the provisions of the act and that the officers so designated shall be competent to exercise and perform powers, duties and functions assigned to them under the act.9. ..... the second order makes amends for this too. ..... 2012/xvi-ii-1601 (19)-62 dt. ..... the nagar mahapalika act repeals and reenacts the provisions of the municipalities act the post of nagar swasthya adhikari corresponds to the post of the municipal medical officer of health in its powers, duties and functions reference in any enactment or in any instrument to municipal medical officers of health would with the help of section 8 of the general clauses act, be construed as reference to the nagar swasthya adhikaris. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC1755
..... court can neither assume the role of the state government in the process of judicial review under writ jurisdiction nor can sit in appeal over the judgments of executive government, but at the same time since i have already taken the view that the provisions of minimum wages act cannot be held applicable in the case of part time teachers, therefore, it is not legally permissible for the government to fix the remuneration/ honorarium to the part time teachers according to the provisions of minimum wages act as fixed for skilled, semi ..... the petitioner has challenged the provisions of para 6 of aforesaid government order on various grounds mentioned in the amendment application wherein it is stated that under the provisions of sub-section 5 of section 7-aa the power has been conferred upon the state government to fix honorarium to be paid to the part-time teacher by a general or special order issued in this behalf the power in this regard cannot he delegated to the management of the institution so far as fixation amount of payment of salary as honorarium is concerned. ..... 2898 and state of punjab v. .....
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