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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Court: allahabad Page 2 of about 13 results (0.025 seconds)

Feb 01 1995 (HC)

Dr. Vinod NaraIn Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1996CriLJ1309

..... warrant executed by courts outside the territorial jurisdiction where the proposed arrestee lives. in such cases and some other cases also the provisions contained in section 88 of the cr. p.c. may apply.89. therefore, if a comparative study of these provisions is made, it will be apparent that disclosure of grounds of arrest where a police officer exercises power under ..... , 437 and 439 of the cr.p.c. in the new code corresponding to sections 496,497,498 and 499, cr. p. c. of the old code.159. in this connection it may be recalled that by act no. xxvi of 1955 the old code was drastically amended and by sections 94, 95 and 96; some notable changes were brought about in the then ..... state have argued the matter with ability, sincerity of purpose and with impartial objective. this court is beholden to them for the help rendered in deciding these matters.158. a comparative study of the provisions of old cr.p.c. relating to grant and reliance of the persons on bail and the relative provisions in the new code no room for ..... . the mandate enshrined under article 21 of the constitution does not confer special guarantee to the accused who evades the arrest so as to give such accused preferential treatment as compared to other accused who have voluntarily surrendered or have been arrested or have been produced before the court.48. sri dwivedi further contended that such preferential treatment is violative of .....

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Jan 30 2008 (HC)

Yogendra Rai Vs. Adhyaksha, Basti GramIn Bank and ors.

Court : Allahabad

Reported in : 2008(2)AWC1277

..... had been further sub-divided in four categories as under:(a) relating to business such as deposit targets 30 marks loan targets, loan disbursement and recovery follow-up loans. (b) correspondence, record keeping, administrative 10 marks control and assistance to senior officers (c) customers service, industrial relations etc. 10 marks (d) confidential report 10 marks 5. the petitioner as well ..... assessment of comparative merit of all eligible candidates, and selecting the best out of them.12. the said principle was approved, reiterated and followed by the hon'ble apex court in the ..... requirement of certain minimum merit or satisfying a benchmark previously fixed. subject to fulfilling this requirement the promotion is based on seniority. there is no requirement of assessment of comparative merit both in the case of seniority-cum-merit. merit-cum-suitability with due regard to seniority as prescribed in the case of promotion to all-india services necessarily involves ..... stood selected in the same selection. in fact the criteria for seniority-cum-merit, if applied, a minimum merit is to be assessed and if it is achieved, the comparative merit of candidates become irrelevant as the promotion has to be granted exclusively on the basis of seniority amongst the candidates who acquire the minimum benchmark fixed. 8. a seven .....

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Aug 25 2003 (HC)

Devesh Kumar Sharma Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2003)3UPLBEC2794

..... the apex court that it was not for the court to consider the relevance of qualifications prescribed for various posts and asses the comparative merits of b.t.c. (correspondence) trained teachers with other having different qualification.17. from the aforesaid judgments following principle emerged :(a) equivalence is matter of objective ..... . the state government has framed 'the uttar pradesh basic education (teachers) services rules, 1981 in exercise of power under section 19 (1) of the u.p. basic education act, 1972 (up. act no. 24 of 1972). these rules are applicable to basic schools, juniors basic schools and nursery schools run by the ..... rule 8 laying down essential qualification is as under :'rule 8. (2) the essential qualification of candidates for appointment to a post referred to in sub-sections (iii) and (iv) of clauses (h) of rule 5 for the teaching science, mathematics, craft or any language other than hindi and urdu shall ..... rule 8 of u.p. basic education (teachers) service rules, 1981 is not repugnant to any provision of the said n.c.t.e. act and is not hit by article 254 of the constitution of india and does n6t suffer from any illegality.(i) b.t.c. is a certificate ..... qualification prescribed under rule 18 of the u.p. basic education (teachers) service rules 1981 is not repugnant to any prevision of the said ncte act. therefore, in the present facts article 254 of the constitution of india is not violated by proscription of qualification either by the said rules or .....

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Dec 31 1969 (HC)

Lekhraj Singh Vs. Ganga Sahai

Court : Allahabad

Reported in : (1887)ILR9All253

..... between the andrn and the dravida subdivisions in narasammal v. balaramacharki, i mad, h. o. rep., 420. mr. mayne (section 35) then goes on to say that 'any one who compares the dayabhaga with the mitakshara will observe that the two works differ in the most vital points, and that they do so from ..... as to age, even in the case of those who belong to a different gotra from the adopter. modern practice in the native states seems to correspond to this.'87. in this state of authority, the course which the argument in this case has taken suggests the consideration of the question under the ..... weight of evidence. and the evidence produced is both oral and documentary. the date of the adoption is stated to be katik sudi 15, sambat 1923, corresponding to the 22nd november 1866, and the oral evidence on the point may be classified under two heads, that is, witnesses who depose as to their ..... to point out the change of law, for they say 'it is worth observing that in the limitation act of 1877, which superseded the act now under discussion, the language is changed. article 118 of 1877, which corresponds to article 129 of 1871, so far as regards setting aside adoptions, speaks of a suit to ..... obtain a declaration that an alleged adoption is invalid or never in fact took place', and assigns a different starting point to the time that is to run against it.' that starting point under the present act .....

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Nov 20 1997 (HC)

Siddhartha Kumar and Others Vs. Upper Civil Judge, Senior Division, Gh ...

Court : Allahabad

Reported in : 1998(1)AWC593; (1998)1UPLBEC587

..... allowed to function and the entire judicial activity comes to a halt for a number of days, without any corresponding advantage to the lawyers or to the litigants. this does not really do any credit to the most enlightened section of the society. this aspect of the matter was noted with concern by the mallmath committee appointed to go ..... existing officers right from 1st additional district judge to ixth additional district judge would be pushed down. these changes keep on going quite often. sometimes, the changes in the comparative bigger districts take place 5-6 times in a year. the shifting of the presiding officers in the manner, as above, has a serious telling repercussion on the disposal ..... circumstances.12. the nature and the magnitude of the problem may be further appreciated if the position regarding arrears in the subordinate courts of thestate is noticed from the following chart :i. pendency of civil cases in the subordinate courts of the state as on 30th june. 19971. casesconcerningoriginal jurisdiction8.35,1842 casesconcerningappellate jurisdiction89.568 total9.24,752(this ..... of cases pending before the appellate/revisionalcourts at the district level, they are categorised and labelled as follows : appellate/revisionaljurisdiction(appeals. revisions,misc. and other cases, under various acts) distinctivemarkage of the caseslabel assigned(colour of folder/filecover)(i) over three years'critically old'red(ii) one year to threeyears'very old'green(iii) six months to oneyear' .....

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Apr 16 1976 (HC)

J.K. Synthetics Ltd. Vs. R.D. Saxena, Director of Investigation and or ...

Court : Allahabad

Reported in : [1977]47CompCas323(All)

..... should not oust the jurisdiction of the commission to conduct such enquiry under section 37 of the act. i am, however, not inclined to agree with this submission. section 20(5) of the english act has got no parallel corresponding section in the indian law. the relevant sections of the m.r.t.p. act, 1969, which i have quoted above, clearly indicate that the intention ..... of the framers of the said act was to curb those restrictive trade practices which are in existence ..... not affected by the determination of agreement effected after the commencement of the proceedings. this is clear from section 20(5) of the restrictive trade practices act, 1956. there is no such corresponding provision in the indian act. section 37 of the m.r.t.p. act, 1969, empowered the commission to enquire into any restrictive trade practice whether the agreement is registered or ..... trade practice which should be discontinued or should not be repeated.57. my above conclusions are further fortified by a comparative analysis of the various relevant sections of the english law as embodied in the restrictive trade practices act, 1956. the relevant portion of section 20 of the english law runs as follows : '20. (1) the court shall have jurisdiction, on application .....

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Feb 13 1951 (HC)

Ram Chandra Vs. the District Magistrate of Aligarh and ors.

Court : Allahabad

Reported in : AIR1952All520

..... of the case. it was contended by learned counsel for the state that the suit as framed was misconceived for a permanent injunction cannot be issued under sub-section (d) of section 36, specific relief act which is to the following effect: 'an injunction cannot be granted. .... (d) to interfere with the public duties of any department of the central government, the crown ..... able to rely for disinterested and impartial advice.' reference may also be made in this connection to the well known work of a writer of the highest reputation on the comparative politics, the late president wilson's work on the state. this is what he had to observe about the departments of administration in his book at p. 883: 'so much ..... , mean the federal government; and (b) in relation to anything done before the commencement of part iii of the said act, mean the governor-general in council, or the authority competent at the relevant date to exercise the functions corresponding to those subsequently exercised by the governor-general in council: 8 (43-a) 'provincial government,' as respects anythingdone or to be done ..... after the commencement of part iii of the government of india act, 1935, shall mean-- (a) in a governor's province, the governor acting or not acting in his discretion, and exercising or notexercising .....

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Dec 19 1988 (HC)

U.P. Avas Evam Vikash Parishad and ors. Vs. Dr. N.V. Rajgopalan Achary ...

Court : Allahabad

Reported in : AIR1989All125

..... in damages recoverable in the action if the uncertainty were resolved in his favour at the trial; but the plaintiff's need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated under ..... in governing in all inclusive rule, which would encompass the factual situation in all cases, that is, each case, so far as the application of the doctrines of relative or comparative injury is concerned, rest upon the particular or peculiar circumstances of that case. in american cyanamid co. v. ethicon ltd., (1975) 1 all er 504 house of lords laid down ..... may be deemed fit in the circumstances of the case, may also be awarded to the plaintiffs against the defendants. 3. they alleged that the state government exercising, power under section 3 of the uttar pradesh avas evam vikas parishad adhiniyam, 1965 established the parishad to execute housing and improvement schemes, other projects and to co-ordinate various housing activities in ..... injunction should be given or awarded only in clear cases.18. another matter which needs to be emphasised at this place is that the parishad has been created by the act for achieving laudable objects and if such an injunction, as was granted in this case, was given, the result would be that a huge public fund would' remain unpaid resulting .....

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Dec 19 2005 (HC)

Munni Lal Vs. Smt. Vimla Devi

Court : Allahabad

Reported in : 2006(1)AWC513

..... and the landlord wants to settle her son in the business of wholesale medicines for which the accommodation in question is suitable and that the landlord has also entered into correspondence for wholesale dealership. the landlord has sufficient financial resources to settle her son, who is unemployed, in the wholesale medicines business. the landlord further asserted that the accommodation ..... the release of the accommodation in question in favour of the landlord-respondent.4. aggrieved thereby, the petitioner-tenant preferred an appeal under section 22 of 'the act' before the appellate authority. the appellate authority affirmed the findings arrived at by the prescribed authority on the question of bona fide requirement and also on the ..... appearing on behalf of the parties, the prescribed authority has arrived at the conclusion that the need of the landlord is bona fide and that the tilt of the comparative hardship is also in favour of the landlord. the prescribed authority therefore by the order dated 15th january, 2002, allowed the application filed by the landlord and directed ..... question of comparative hardship. thus, the appellate authority vide order dated 9th november, 2004, dismissed the appeal filed by the petitioner-tenant.5. the petitioner-tenant aggrieved by the .....

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Apr 07 1976 (HC)

The Addl. C.i.T., Lucknow Vs. Smt. Laxmi Nigam, Lucknow.

Court : Allahabad

Reported in : (1976)5CTR(All)230

..... third new international dictionary the meaning of the word adequate is given as equal to, proportionate to, or fully sufficient, exactly corresponding.' the word consideration is neither defined in this act nor in the transfer of property act. section 2(d) of the contract act defines 'consideration' as under :'when, at the desire of the promisor, the promisee or any other person has done or ..... hands accordingly.'8. it is in the back ground of the above that the scope of section 64(1)(iv) of the income tax act, 1961 has to be considered by me. this section creates artificial income and corresponds to section 16(3)(a)(iv) of the income tax act, 1922. the controversy is, however, confined to the interpretation of the words 'adequate consideration.' what then ..... assets to his wife or minor children, other than for adequate consideration and thus lessening the burden of tax upon himself. this was counteracted by the legislature by enacting section 16 of the act. although such transactions may be genuine and valid under the general law, yet, the income therefrom for purpose of tax alone was directed to be assessed in the ..... three hundred years that the courts will not inquire into the adequacy of consideration.' by this is meant that they will not seek to measure the comparative value of the defendants promise and of the act or promise given by the plaintiff in exchange for it, nor will they denounce an agreement merely because it seems to be unfair. the promise must .....

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