Court : Allahabad
Reported in : AIR1973All596
..... for changing section 226(1)348 (1) proceedings - english language227 - all proceedings in english language.376 (1) judge to continue in office.231 (1) judge to continue in office.52. from the above comparative chart it shall be evident that the provisions concerning high courts as contained in the constitution of india are based on the corresponding provisions of government of india act. 1935. most ..... 216, 217, 221, 225 and 230, respectively, of the constitution of india as enacted by the constituent assembly. draft article 201 corresponds to article 225 of the constitution of india and sections 223 and 226(1) of the government of india act, 1935. draft article 201 was passed without any amendment. when the framers of the constitution regarded article 225 (draft article 201 ..... may be mentioned that item 53 in list i, items 1 and 2 in list ii and item 15 in list iii in the seventh schedule to the 1935 act more or less correspond to entries 77. 78 and 95 in list i. entries 3 and 65 in list ii and entry 48 in list iii of the seventh schedule to the ..... of the provisions of the government of india ad have been incorporated in the constitution of india. the changes introduced are:--(1) under article 214 of the constitution there shall be a high court for each state, but in section 219 of the government of india act, 1935 the term 'high .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1954All570
..... of goodwill? a. it is different,' the plaintiff was again asked this question:'q. will you please refer to section 26 as dealt with in the defendant's book and compare it with your book and say whether any of the headings are common?'the plaintiff answered 'no'. the plaintiff was ..... was without substance. counsel for the defendants took up a passage appearing in the plaintiff's book at page 157, note (a), and a corresponding passage which was alleged to be an infringement in the defendant's book at page 323, note 6, and showed that the passage which the ..... the tests which previous authorities have laid down in regard to judging such matters that i insisted upon the plaintiff supplying to the court a chart of the infringements. i asked the plaintiff to classify the infringements so as to show which infringements were infringements of his original composition and ..... tentatively at rs. 200 /-. (c) that a permanent injunction restraining the defendants, their agents or servants from continuing or repeating further or doing any act or acts to infringe or injure the plaintiff's copyright be granted--this relief the plaintiff values at rs, 100/-. (d) that costs of this suit ..... 1946. the defendants also denied having infringed any copyright that may subsist in favour of the plaintiff in the book entitled 'the indian partnership act'.the defendants further alleged that their book contained much more material than was contained in the plaintiff's work. the defendants further denied that their .....Tag this Judgment!
Court : Allahabad
Reported in : (2003)3UPLBEC2138
..... point out any distinguishing feature so far as party part is concerned in respect of bench secretaries grade i and bench secretaries grade ii vis-a-vis comparable and corresponding post of court masters in delhi high court.73. in view of the above, there is no justification to interfere with the report of three judges ..... of recruitment to the various class ii posts in the establishment shall be as follows :(a).....................................................................................................(b) bench secretaries, grade i. by transfer of one of the section officers of general office or bench secretary, grade i.(c), (d),(e)..........................................................................................18. method of selection for all promotion posts.-(ii) criterion of selection for each case ..... the case of sri ramji yadav (supra) attained finality and thus binding between the parties to the aforesaid writ petition.24. the petitioners have annexed a chart, showing comparative status/position of court masters of delhi high court and bench secretaries of allahabad high court as anncxurc-17 to the writ petition.25. we may also ..... provisions of the constitution has been violated by him. certainly, the government cannot interfere with the determination made by hon'ble the chief justice. the seemingly innocuous act of the state government i.e. executive, in not according approval, which for the reasons stated above, was not necessary to be sought, as held in private .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(3)AWC2610
..... are not large in area. on the contrary, various small plots are acquired by separate notifications and accumulated to show largeness only to differentiate from the comparable lands. he has produced a chart to establish that in only appeal, i.e., first appeal no. 34 of 2007, ganeshi and ors. v. n.o.i.d.a. ..... , 1991 proposing to acquire land measuring area 790-16-9 bighas corresponding to 492.26 acres. publication in the local newspapers was done on 24th march, 1991. last corrigendum was issued on 4th april, 1991. declaration under section 6 read with section 17 of the act was made on 7th january, 1992 by publication in the gazette. ..... for sale of the year 1989 followed by the sale deed without any reference or recital with regard to such agreement for sale in respect of lands comparably smaller in size, which cannot be held to be the exemplar sale deed. secondly, in those cases deduction was not made by the court from the ..... the land is much large in nature in comparison to exemplar sale-deeds, which cannot be said to be established fact beyond doubt upon going through the chart having been part and parcel of the record.5. therefore, in totality we do not find any cogent reason in fixing the price of the lands ..... acquired land is 29.15 bigha approximately. there are different plots in the appeals where the acquired lands are even less than a bigha. however, from the said chart we find that the land area in first appeal no. 386 of 2001, nandu and ors. v. n.o.i.d.a., is 31 bigha kachcha .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(3)ESC1878
..... has been stated by the assistant registrar that he had prepared aforesaid marks sheets and had issued the same after comparing them from the chart of marks which was there in the university,26. in the facts and circumstances of the case, i am ..... for getting the examination held. the same cannot be believed. the other material which was there on record such as the correspondence which had taken place between prof. p.n. ram and the college and the invigilators etc. which were produced by the ..... harit. there are copies of ample documents on record filed by the parties to come to the conclusion that there was correspondence regarding holding of second comprehensive test which was held on 26th and 28th december, 1998. merely because sri navneet kant, ..... applied for affiliation to the m.j.p. rohilkhand university vide application dated 6.9.1996 under section 37 read with section 49 of the u.p. state university act, 1973.3. ultimately the chancellor/governor, u.p. vide order dated 26.7.1997 granted ..... no.----------------------------------------------------------------------- (i) dispatch of answer sheet of second 341 1 comprehensive test conducted on26.12.1998 -----------------------------------------------------------------------(ii) copy of tabular chart of the second 331 to 336 2comprehensive test dated 28.12.1998-----------------------------------------------------------------------(iii) question paper of comprehensive test 337 and 338 2second .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1985All183
..... to passenger at the rate of rs. 6/- per passenger i.e. rs. 354/- for 59 passengers totalling to rs. 2280/-. under the revised tariff the corresponding premium will be as under :fixedcomponentrs. 440.00+70% of theinsured estimated value of rs. 3 lacsrs. 2100.00+liability of third party including liability under the ..... ,000/- to rs. 6,000/-. so the amendment made in the year 1970 shows that there was increase in liability by 250 per cent without making corresponding increase in the tariff rate. in the light of these materials, sri saran contended that the revisions made by the t.a.c. in february 1982 ..... the tariff rates were revised. it is, therefore, said that the t.a.c. fully kept in view the provisions of sub-section (2) of section 64uc of the insurance act 1938 inasmuch as, in revising the rates it took maximum care to ensure that there was no unfair discrimination between risks of essentially the ..... sc 2059 motor owners insurance co. ltd. v. jadavji keshavji modi, sri saran submitted that the expression 'any one accident' occurring in section 95(2) of the act 1939 was interpreted so as to enhance the liability of the insurer. the suprme court held that if the matter is looked at subjectively, as ..... and false and exaggerated claims resulting in higher administrative expenses. referring to the chart as given on page 8 of the counter affidavit, sri saran urged that the price of car had increased by 114 per cent in 1981, as compared to 1976 and the increase in the cost of spares and rate of .....Tag this Judgment!
Court : Allahabad
Reported in : 1996CriLJ1286
..... .24. the medical evidence of p.w. 2, mohan lal shows that he had received a penetrating incised wound on the left side of chest and corresponding to that injury there was an internal injury due to which surgical emphysema was caused. the medical evidence shows that the injury to mohan lal could have been ..... that the weapon, i.e. the chhuri was not got examined by the doctor, or by forensic expert: the blood on the chhuri was also not compared with the blood group of the injured.13. the learned counsel for the appellant has also submitted that the defence version has been wrongly rejected by the trial ..... trial court has correctly appreciated the evidence on record and has also correctly appreciated the law on the subject while holding the appellant guilty a for an offence under section 307 i.p.c.16. so far as the actual incident is concerned, the prosecution has examined three eye witnesses, i.e. p.w. 1 smt. ..... were found dangerous to life and were found caused by some sharp edged pointed weapon such as knife or chhuri. the doctor has also proved bed side chart which was prepared by dr. rozorio in his presence and which bears the signature of this doctor and it is ex. ka 7.7. on the ..... could discredit him. the injuries received by him are dangerous in nature as opined by the doctor. he has categorically stated that when he resisted to the act of the appellant in taking his wife forcibly he became annoyed and attacked him with chhuri. there is no reason to disbelieve this version. even the .....Tag this Judgment!
Court : Allahabad
Reported in : (2000)1UPLBEC371
..... to the government of india, as well as the hon'ble judges of the delhi high court, who are holding exactly corresponding posts the central government, rather it compared them with the others in the central government,18. it was further held that the doubt regarding equation of a particular post ..... grade i were given the same pay scale with the private secretaries of the delhi high court and with the corresponding employees of the delhi high court.76. hence, the section officer of this court cannot be treated differently and their case ought to have been considered by the state government ..... the state remained vacant.56. after reviewing the law under various states including the charter issued in 1774, clause 10 of high court act, 1861. section 9 of the act allowing the high court's appeal against the said direction. the hon'ble supreme court held :'clause 4 and 3 of the ..... . in the year 1988 the state government decided that the employees of the state government would be given the pay scale available to the corresponding status employees under the central government. in order to execute the said decision an equivalence committee was constituted under the government decision dated 14-10 ..... secretaries attached to the secretaries to the government of india. the judgment and order dated 21-12-93 passed in writ petition no. 1408 of 1983, filed by the private secretaries and personal assistants brotherhood, was based on parity with the private secretaries of the hon'ble judges of the .....Tag this Judgment!
Court : Allahabad
Reported in : 2003(1)AWC91; (2003)ILLJ442All
..... across the bar by the learned counsel for the petitioner is tenable in law. the state government was fully competent to adopt the existing corresponding pay scales already prevailing in the government department and existing and already in existence from their respective dates mentioned in the notification. the adoption for ..... the state government. in the conspectus of what has been discussed above, it follows that by the impugned notification welfare officers have been granted corresponding existing scales what were admissible and were being disbursed to the state government employees and by this reckoning, it cannot be disputed that whatever the ..... to the contents of para nos. 24 and 25 of the writ petition, it is stated that the assertions are totally vague as no comparative data of wage structure of the officers of the petitioner units have been furnished so that the hon'ble court may be able to examine ..... of rule 3 (1) and sent to the government for the pay scales, qualification and other conditions of service vide letter dated 21st september, 1983 and since this matter was pending consideration in the meantime the second pay commission report was enforced from the year 1979. pay scales were further ..... (2) read with sections 50 and 112 of factories act, the state of u. p. has power to fix pay scale and salary of welfare officers working in the factory? (2) whether the welfare officers are entitled to get salary payable to state employees in corresponding pay scale? (3) whether state .....Tag this Judgment!
Court : Allahabad
Reported in : (2004)1UPLBEC754
..... posts. relying upon the principle laid down by the supreme court in the aforestated cases, it was held that it is not for the court to assess the comparative merits of b.t.c. (correspondence) trained teachers and parity cannot be claimed with unemployed b.t.c. candidates., trained candidates training them as equal would tantamount to treating unequals as equal. it ..... ') came into existence, by which the central government directed that all the training courses should have been recognised by the national council of training and education and correspondence course were not acknowledged by above 'act 1993', correspondence course can only be, done if the candidate was having two years experience of an assistant teacher. the state government issued a government order no. 2657 ..... at 1745 (all)].19. the qualification prescribed under 'rule 8' of the u.p. basic education (teachers) service rules, 1981 is not repugnant to any provision of the said ncte act. therefore, in the present facts article 254 of the constitution of india is not violated by prescription of qualification either by the said 'rules' or by virtue of power granted ..... in b.ed. berozgar sangh, sonebhadra v. state of u.p., (1997) 3 uplbec 1774 : 1997 (2) alr 737.17. the principle of estoppel is applicable only when a person acts upon a representation made by another person. the mere fact that earlier the state government recognised the certificates relating to basic education courses completed by the candidates from outside the .....Tag this Judgment!