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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

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 … 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 … 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 … posts, the respondent No. 3 filed S.L.P. No. 612-1613 of1990 before the Hon'ble Supreme Court against the

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

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 50, 112, 112(3), 113(1), 113(3), 124(2), 124(4), 124(5), 127, 132, 133(1), 141, 193(1), 200(2), 203, 203(1), 211, 215, 216, 217, 217(1), 218, 219, 221, 221(1), 221(2), 222, 222(1), 224, 224A, 229, 229(1) and 233 to 237; Harbours, Docks and Piers Act, 1847; Government of India Act, 1935 - Sections 33(3), 34(1), 40(1), 78(3), 79(1), 220(2) and 221; High Court Judges (Conditions of Service) Act, 1954 - Sections 2; Constitution of India (Seventh Amendment) Act, 1956; Constitution of India (Fifteenth Amemdment) Act, 1963

Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423

Matched in: Advocate S.V. Gupte,; Attorney General,; R.P. Bhatt, Sr. Adv.,; H.M. Seervai, Sr. Adv., ; B.R. Agarwala and ; Janendra Lal,

Sri Sahasra Lingeshwara Temple, Rep. by Its Managing Trustee Sundaresh ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 - Sections 1(14), 2, 2(10), 2(16), 2(23), 2(24), 8, 9 to 16, 17 to 19, 20, 21, 22, 23, 24-30, 42-49, 50, 76, 76(1) and 79; Karnataka Religious and Charitable Institution Act, 1927; Madras Hindu Religious and charitable Endowment Act, 1951; Bombay Public Trust Act, 1950; Hyderabad Endowment Regulations Act; Coorg Temple Funds Management Act, 1956; States Reorganisation Act; Public Worship Act; Representation of the People Act - Sections 124(3) and 124(3A); ;Hindu Succession Act; Bihar Hindu Religious Trust Act; Constitution of India - Articles 14 and 25 to 30; ;Karnataka Hindu Religious Institutions and Charitable Endowments Rules - Rules 5 to 16

Reported in : 2007(1)KarLJ1

Article 26 of the Constitution of India.9. Sri. Ramesh, learned Counsel says that the learned Judge has given general findings without referring to the statement of objection in the ease on hand. He says that the object … the State Legislature to Introduce any legislation-apart from two abortive attempts in 1963 and 1977- to remove the inequality between the temples and Maths situated … learned Counsel supporting Sri. Holla, learned Sr. Counsel and Sri. Shankar, learned Counsel says that the right of administration in terms of Article 26(d) cannot be taken away by the Government and at the most, it can … a law by name the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 and the Rules framed thereunder. The said Act in terms of … managed by Hindu religious denomination.3. There are several chapters providing for various contingencies in the matter. Aggrieved … the Kerala High Court in AIR 1978 Kerala 68 (T. Krishnan v. G.D.M. Committee) has ruled in

Abdul Razack Vs. Union of India and Others

Court : Andhra Pradesh

Subject : Service Constitution

Acts : Administrative Tribunals Act, 1985 - Sections 2, 4, 9 and 14(1); Income Tax Act, 1961 - Sections 252 and 252(1); Constitution of India - Articles 50, 219, 226, 227, 233, 235, 236 and 309; Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963 - Rules 4, 8 and 13 - Sections 3

Reported in : 1999(1)ALD234; 1999(1)ALT346

Matched in: Advocate Mr. J. Sudheer, Adv. Mr. Vaidyanathan, Addl. Solicitor-General of India, ;Mr. B. Adinarayana Rao, SC for Central Govt., ;Mr. G. Raghuram, ;Mr. N. Rama Mohan Rao and ;Mr. N.V.S.J. Rama Rao, Advs.

S. Kumar and ors. Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1990)LC725Tri(Delhi)

a piece of streamlined legislation inasmuch as, it only contained broad and general principles on the subject of excise duty, leaving all the details to … Central Excise. Provided that the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963) may, in the case of any officer performing the duties of an Assistant Collector of … there could have been an amendment in the Act itself, particularly when Chapter VIA of the Act has chosen to define certain terms, for the … that any vacuum could not be filled up by the rules. He also laid great emphasis on the administrative hierarchy prevailing in the Collectorates and asserted that the 'Additional Collector' was certainly not of the 'rank' of … Court in case reported as AIR 1961 SC 606 (para 10) that by "including an Additional District

Phillipos and Company and Others Vs. the State

Court : Karnataka

Subject : Company

Acts : Karnataka Shops and Commercial Establishments Act, 1961 - Sections 2; Companies Act, 1956 - Sections 227

Reported in : [1990]67CompCas154(Kar); ILR1989KAR3135

register of members. 26. The provisions of the Act of 1949 in general, the issuance of a certificate of practice as provided under section 6 … establishment of a legal practitioner was a 'commercial establishment' within the meaning of west Bengal Shops and Establishments Act, 1963 (Act XIII of 1963). The Bengal Shops and Establishments Act, 1940 (Act XVI of 1940), was in force … provisions of the Act of 1961 supports the conclusion reached by me. Chapter II provides for registration of establishments, chapter III for hours of work, … contained in regulation 166, subject to the control of the council, he may act as liquidator, trustee, executor, administrator, arbitrator, receiver, adviser or representative for costing, financial or taxation matters. He may take up an appointment that

Phillipos and Co. Vs. State

Court : Karnataka

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2

Reported in : [1990]67CompCas453a(Kar); 1989(3)KarLJ473; (1990)ILLJ227Kant

Register of Members. 14. The provisions in the Act of 1949 in general, the issuance of a Certificate of Practice as provided under Section 6 … whether the establishment of a legal practitioner was a 'commercial establishment' within the West Bengal Shops and Establishments Act, 1963 (Act XIII of 1963). The Bengal Shops and Establishments Act. 1940 (Act XVI of 1940) was in force … provisions of the Act of 1961 supports the conclusion reached by me. Chapter II provides for registration of establishments. Chapter III for hours of work. … contained in Regulation 166, subject to the control of the Council, he may act as liquidator, trustee, executor, administrator, arbitrator, receiver, adviser or representative for costing, financial or taxation matter. He may take up an appointment that

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

Shri Francisco Almeida Vs. the Board of Trustees of the Port of Mormug ...

Court : Mumbai

Subject : Commercial

Acts : Major Port Trusts Act, 1963 - Sections 124; Constitution of India - Articles 19(1) and 226

Reported in : 1993(2)BomCR191

by virtue of Notification No. M.P.T./3-G.A. (8)/76 dated 30th September, 1976, under Chapter VI of the Major Port Trusts Act, 1963. Alongwith such amendments the … shipchandling, repairs, etc., etc. Section 123 of the Act by way of general power, enables the Board to make regulations consistent with the Act for … of the Territory of Goa, the Mormugao Port was brought within the fold of the Major Port Trusts Act, 1963 which was made applicable as from 1st July, 1964. Under the Major Port Trusts Act, 1963, the Port … Petitioner says that he last obtained a licence dated 27th March, 1968, issued by the Director of Civil Administration and Collector after liberation. According to him, by virtue of this licence dated 27th March, 1968 he is … has also been equally brought about to Clause 60 of the Regulation known as Mormugao Port Regulations

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 2, 39, 161, 161(2), 162, 162(1), 162(2), 164, 173, 196, 196(1), 215, 239 and 313; Indian Penal Code (IPC), 1860 - Sections 34, 40, 43, 71, 107, 108 to 117, 120A, 120B, 121 to 126, 130, 186, 300, 302, 307, 332, 353 and 409; Prevention of Terrorism Act, 2002 - Sections 2, 2(1), 3, 3(1), 3(2), 3(3), 3(4), 3(5), 4, 5, 5(2), 6, 20, 21, 27, 30, 32, 32(1), 32(2) to 32(5), 34, 36 to 48, 50, 50(2), 50(3), 50(4), 52, 52(1), 52(2), 52(3), 52(4) and 56; Explosive Substances Act - Sections 3, 4 and 5; Arms Act - Sections 25 and 27; Prevention of Terrorism (2nd) Ordinance, 2001; Indian Telegraph Act - Sections 5, 5(2) and 25; Constitution (69th Amendment) Act, 1991 - Sections 2; National Capital Territories of Delhi Act, 1991 - Sections 41; Industrial Disput

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600; Manu/SC/0465/2005

Court after referring to Articles 239 and 239 A and the provisions of the Govt. of Union Territories Act, 1963 and the definitions of General Clauses Act and observed thus:'On a conspectus of the relevant provisions of the … Procedure enacts a bar against taking cognizance of any offence punishable under Chapter VI of the Indian Penal Code except with the previous sanction of … Mohd. Afzal and Shaukat Hussain, was forfeited to the State under Section 6 of the POTA.2. In conformity with the provisions of Cr.P.C. the designated … Delhi'. The Lt. Governor did not act on behalf of the Central Government nor did he act as Administrator of U.T. He acted as the Constitutional head of the Government of NCT of Delhi and played the