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Guna Gaonkar and anr. Vs. Administrative Tribunal and ors.

Court : Mumbai

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 55 - Schedule - Articles 26, 114, 250 and 255; Code of Civil Procedure (CPC) , 1908 - Order 21; Land Acquisition Act, 1894 - Sections 18; Motor Vehicles Act, 1939 - Sections 58(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 378(2) and 417(4); Limitation Act, 1908 - Sections 4, 5, 9 to 18 and 22

Reported in : 2006(3)ALLMR389; 2006(3)BomCR46

on 31.1.01 against its order dated 8.3.2000 to be considered by the General Body of the Devasthan in terms of the provisions comprised under the … Articles 26, 250 and 255 of the said Devasthan Regulation, as well as Section 29(2) of the Limitation Act, 1963, the learned Senior Counsel for the petitioners submitted that in terms of the said provisions of law, the … to the Administrative Tribunal. 8. Article 250 which is found in the Chapter relating to the appeals in the said Devasthan Regulations provides that: The … Khandeparkar R.M.S., J. 1. The petitioners challenge the order dated 21.5.2001 passed by the Administrative Tribunal, Goa in Devasthan Appeal No. 46/01 as being contrary to the provisions of law comprised under the

Shobhnath Dube Vs. Smt. Tara Devi and anr.

Court : Allahabad

Subject : Civil

Reported in : AIR2009All187; 2009(3)AWC2852

be included therein. The expression 'next of kin' has also been defined in Section 2 (c) of the Administrators General Act, 1963 and includes a widow or widower or other person to whom letters of administration can be granted. Chapter … learned Counsel for the appellant upon a decision of the Apex Court in Smt. Rukmani Devi and Ors. v. Narendra Lal Gupta : AIR 1984 SC 1866. In that case a citation was issued to the daughter-in-law

Dr. M.C. Sharma, Lecturer Vs. the Punjab University, Chandigarh and Ot ...

Court : Punjab and Haryana

Subject : Constitution

Acts : Constitution of India - Articles 7, 9, 13(1), 14, 15, 15(1, 2, 3 and 4), 16, 16(1, 2, 3, 4 and 5), 17, 18, 19(1), 29, 29(2), 32, 38, 39, 39A, 41, 46, 226, 323, 323(A and B) and 323A(2); Administrative Tribunals Act, 1985 - Sections 3, 4, 14, 15 and 28; Chancery Procedure Act - Sections 50; Specific Relief Act, 1877 - Sections 42; Specific Relief (Amendment) Act, 1963 - Sections 34 and 39; Andhra Pradesh State and Subordinate Service Rules - Rules 11-A, 22A; Constitution First Amendment Act, 1951; Indian Penal Code (IPC), 1860 - Sections 497; Bombay Municipal Boroughs Act, 1925 - Sections 10(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 497; Punjab Prisons Service (Class II) Rules, 1963; Constitution (42nd) Amendment Act, 1977 - Article 323-A; Industria

Reported in : AIR1997P& H87

constitutional validity of Regulation 5 of the Panjab University Calendar contained in Chapter VII(ii). The matter has been referred to this Bench vide order of … under our constitutional system is among equals and similarly situated. Equality in general cannot be universally applied and is subject to conditions and restrictions as … power to grant such a decree independently of the requirements of the Section.'Section 34 of the Specific Relief Act, 1963 replaced Section 42 of the earlier Act and provided,'Any person entitled to any legal Character, or to any … of the impugned Rule of the Punjab University Calendar, admittedly applicable in the Colleges run by the Chandigarh Administration, the decision of which was conveyed to him vide Annexure P/1. Annexure P/1 and the Rule is alleged

S.P. Gupta Vs. President of India and ors. Overruled

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 32, 74, 74(1), 74(2), 124, , 136, 139A, 163, 216, 217, 217(1), 217(2), 218, 221(1), 222, 224, 224(1) 226, 233(1), 234 and 368; Indian Penal Code (IPC), 1860 - Sections 166; Code of Criminal Procedure (CrPC) , 1973 - Sections 133, 162 and 162(1); Code of Civil Procedure (CPC) , 1908 - Sections 91 and 92 - Order 17, Rule 2 - Order 31, Rule 19A; Evidence Act - Sections 114, 123, 124, 132, 162 and 162(1); Government of India Act, 1935 - Sections 220; Judges (Inquiry) Act, 1968

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

India to the Law Minister, We were informed by the learned Solicitor General on an enquiry made by us that there is also nothing in … is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such … of High Courts which may be extracted thus:224-A. Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at … and that he on his part did not permit communal or any other extraneous considerations to influence him administratively or judicially. The Chief Justice of India, however, assured Chief Justice K.B.N. Singh that he did not hold … the letter dated 20th Dec., 1980 that on 5th Jan., 1981, the Chief Justice of India telephoned

Sankalchand Himatlal Sheth Vs. Union of India (Uoi) and anr.

Court : Gujarat

Subject : Constitution

Reported in : (1976)17GLR1017

affidavit-in-reply was filed by the learned Chief justice, but the Additional Solicitor General, Mr. Raman, has appeared for both the respondents at the hearing. The … is so transferred, he shall, during the period the serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such … refer to the settled legal position after examination of the provisions in chapter VI entitled 'subordinate Courts' occurring immediately after chapter V which deals with … was appointed a permanent puisne Judge on August 5, 1970. The petitioner' would retire on completion of … pointed out that such compulsory transfers on a large scale were likely to undermine public confidence in the administration of justice because a Judge, as per the oath of office, had to decide without fear or favour

Narinder Chand Ram Nath and Co. Vs. the Lt. Governor, Himachal Pradesh ...

Court : Delhi

Subject : Sales Tax

Acts : Constitution of India, Articles - 239, 239(1), 246 and 309; Government of Union Territories Act, 1963 - Sections 23, 23(1) and 46; Government of Union Territories Rules - Rules 56 and 58; Business of the Government of Himachal Pradesh Rules, 1963; Code of Civil Procedure (CPC), 1908;

Reported in : AIR1971Delhi123

or delete any items contained in Schedule A attached to the Punjab General Sales Tax Act without the concurrence of the Government of India. That … of the said opening part of Article 239 that the Parliament enacted the Government of the Union Territories Act 1963 There is a provision in the foregoing Act for causing legislative amendments. That provision calls for attention because … and sub-rule (2), prior reference in respect of the matters specified in Chapter V shall be made to the Central Government in accordance with the … A reference may also be made to Rule 56 occurring in Chapter V. That rule is imperative. … Wine Contractor, the Mail, Simla through its partner named Shri Hem Raj. The respondents were the Lieutenant Governor, Administrator, of the Union Territory of Himachal Pradesh, the Exise and Taxation Commissioner, Himachal Pradesh Government, the Collector, Excise

Ramchandra Sheshgiri Kamath Vs. Janardan Vishwanath Hegde

Court : Mumbai

Subject : Tenancy

Acts : Code of Civil Procedure (CPC), 1908 - Sections 11; Presidency Small Cause Courts Act, 1882 - Sections 41, 43, 46, 47 and 49; ;Maharashtra Presidency Small Cause Courts (Amendment) Act, 1963

Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766

trying the title thereto.6. Extensive amendments were made Chapter VII by the Presidency Small Cause Courts (Maharashtra Amendment) Act, 1963 (Act No.41 of 1963) which came into force on the 28th of November 1963. The first of such … of substance within the limits allowed by law'. It was held by the Privy Council in Hook v. Administrator General 48 Ind App 187= (AIR 1921 PC 11) that the plea of res judicata still remains apart … the defendant that the defendant agrees to pay a sum of Rs. 5000 to the plaintiff towards compensation for use and occupation This amount shall

Kailaschand Khusalchand Bakliwal Vs. the State of Maharashtra

Court : Mumbai

Subject : Constitution

Reported in : (1977)79BOMLR449

the provisions in Section 4 in particular and the entire Act in general have been challenged are:(1) that the provisions of the Act suffer from … moratorium for the purposes of execution proceedings in computing the period of twelve years prescribed by the Limitation Act, 1963, no such provision has been made with regard to the period of moratorium referred to in chap. IV. … be entitled to the benefit thereof. Section 4 which is included in Chapter III which is headed as 'Liquidation of Certain Debts' then reads as … the Ordinance were contained in Clause 3 and 5 thereof. It was provided under Clause 3 of … articles of gold. Some reference was made to Sub-section (6) which provided:Notwithstanding anything contained in this section, the Administrator may, if he is of opinion that special circumstances of any case or class of cases so require,

The Commissioner of Income-tax, Gujarat, Ahmedabad Vs. Kamalini Khatau

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 4, 5, 159 to 165 and 166

Reported in : AIR1978Guj162; [1978]112ITR652(Guj)

"In the case of income, profits or gains chargeable under this Act which the Courts of Wards, the Administrators General, the Official Trustees or any receiver or manager (including any person whatever his designation who in fact manages … not a charging Section. 14. In Commissioner of Income-tax v. Manilal Dhanji, (1962) 44 ITR 876 , (AIR 1963 SC 433), the Supreme Court was dealing with a case of a trustee where the settlement was of … of 1961'). Section 40 of the Act of 1922 was included in Chapter V which dealt with "Liability in Special Cases". Sections 40 and 41 … (K, 8 D-Trustj Rs.1,000/- 4. Sarladevi Sarabhai (G. 15) D. Trust Rs.1,400/- 5. Manorama Sarabhai D. Trust No. 1 Rs.7,300/- 6. Anand Sarabhai (J. 9)

Sri T N Raghupathy Vs. The High Court of Karnataka

Court : Karnataka

Subject : Land Acquisition

party in person) 1.2. The High Court of Karnataka Through its Registrar General, High Court Buildings, Dr. B.R. Ambedkar Veedhi, Bengaluru 560001. The Committee for … is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his 139 salary … the lawyer depends upon his probity and professional life-style. Be it remembered that the central function of the administration of justice. If the practice of law is thus a public utility of great implications and a monopoly … thereof. III. THE RELEVANT LEGAL PROVISIONS21 The Advocates Act, as far as chapters I, II and VI are concerned, was brought into force with effect … NAWAZ WRIT PETITION No.6380 OF2019(GM-RES-PIL) C/W W.P. Nos. 5368/2019 (GM-RES), 35595/2019 (GM-RES-PIL) and 7388/2019 (GM-RES) BETWEEN :