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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 … the great Magna Carta of England stood. Article 7 of the Universal Declaration of Human Rights States … 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

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 … barred by principles analogous to res judicata, it would be necessary to draw attention to the provisions of Chapter 7 of the Presidency Small Cause Courts Act, 1882, which is entitled 'Recovery of Possession of Immoveable Property'. Section … 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

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 … be granted. Chapter XXX of the High Court Rules relates to testamentary jurisdiction of the High Court. Rule 7 of that Chapter provides that in an application for grant of letters of administration with the Will annexed

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Subject : Property

Acts : Bombay Presedency Small Cause Courts Act, 1882 - Sections 41, 42(A) 43, 45 to 47 and 49; Provincial Small Cause Courts Act, 1887 - Sections 41; Transfer of Property Act, 1882 - Sections 2, 5, 57, 106, 109 and 111; Major Port Trust Act, 1963 - Sections 29(1) and 133(2A); General Clauses Act, 1897 - Sections 6 and 17; Bombay Port Trust Act, 1879 - Sections 87; Constitution of India - Articles 14, 15(4), 16(4), 136, 226 and 227; Bombay Tenancy Act, 1939; Agricultural Holdings Act, 1948 - Sections 2(1) and 23(1); Calcutta Port Act - Sections 142; Defence (General) Regulations, 1939 - Regulation 55; Maharashtra Presedency Small Cause Courts (Amendment) Act, 1976; Maharashtra Presedency Small Cause Courts (Amendment) Act, 1963 - Sections 2, 3 and 4

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

Matched in: Advocate R.S. Mehta, Adv Ashok H. Desai, Solicitor General, ; U.J. Makhija, ; B.S. Bisa

Rajasthan State Electricity Board Vs. Union of India and ors.

Court : Mumbai

Subject : CivilLimitation

Acts : Constitution of India - Articles 32 and 226; Railway Act, 1989 - Sections 71, 82-A, 106, 106(3) and 124-A; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1) and (1-A), 15, 16, 17, 17(2) and 23; Limitation Act, 1963 - Sections 17(1) - Schedule - Article 113; Code of Civil Procedure (CPC), 1908; Indian Railways Act, 1890 - Sections 78-B; Central Excise and Customs Laws (Amendment) Act, 1991; Central Excise Act, 1944; Central Excise Tariff Act, 1985; Customs Act, 1962; Customs Tariff Act

Reported in : 2002ACJ992; AIR2001Bom310; 2001(3)ALLMR400; 2001(4)BomCR239; (2001)4BOMLR725; 2001(3)MhLj479

Schedule, would be applicable in such cases. It is, therefore, that the general period of limitation of three years applicable in such cases must be … In the absence of any specific limitation provided under the Railways Act, 1989, the provisions of the Limitation Act, 1963 would apply and section 17(1)(c) of the Limitation Act, read with Residuary Article 113 of its Schedule, would … Act.-(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for - (i) … and refund of overcharge. - (1) A person shall not be entitled to claim compensation against a railway administration for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway, unless a notice thereof is … viz., Katni-Singrauli. In exercise of powers under Section 71 of the Railways Act. 1989, the Central Government

Dr. Sashi Bhushan Acharya and ors. Vs. State of Orissa and ors.

Court : Orissa

Subject : Civil

Reported in : 105(2008)CLT169

Charge Officer, Puri dated 3.2.2003 and the letter dated 3.5.2003 of the General Administration Department under Annexures-7 and 8 to the writ application. The averments … Consolidation of Holdings and Prevention of Fragmentation of lands Act, 1972 and Rules, 1973, Orissa Revenue Administration (Unit) Act, 1963, Administration of Orissa State Order, 1948, Administration of Mayurbhanj State Order, 1949, Orissa Board of Revenue Rules, 1959 … challenge the proposed Scheme for re-organisation of the Revenue Department vis-a-vis re-organisation of Settlement and Consolidation with Tahasil Administration vide Annexures 2 and 3 to WPC No. 7763 of 2003 and thereafter, further seeking to challenge Resolution

Shri Safal Kelvani Mandal and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : Civil

Reported in : (1984)2GLR1488

disposed of by a separate common judgment since over and above the general grounds raised in this group of petitions, they raised special ground of … Government is invested with the power to make rules as found in Section 271 of the Gujarat Municipalities Act, 1963. The rule making authority has no plenary power and it has got to act within the limits of … Pay Commission. However, those petitions were required to be withdrawn since the Chapter relating to fundamental rights, as a sequel to President's declaration of Emergency, … Director of Education vide his letter of February 7. 1973, to revise the salary and allowances as … the schools receive any grant from the State Government under the Grant-in-Aid Code. On November 18, 1971 the Administrative Officer of the Ahmedabad Municipal School Board issued a circular bearing No. 67 whereby the managements of these

T.K.Natarajan vs T.K.Raman Achari

Court : Kerala

assets from being defeated or destroyed either due to efflux of time or otherwise. The provisions incorporated in Chapter VIII and IX of the M.F.A.(Succession) No.143 of 2005 7 Act for that purpose are self explanatory with … of the assets of the deceased or a certificate granted under Section 31 or 32 of the Administrators-General Act, 1963 with respect to the debt mentioned therein or a Succession Certificate granted under Part X of the Act

Niranjan Singh Vs. the Board of Revenue, M.P. and anr.

Court : Madhya Pradesh

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5

Reported in : AIR1975MP27; 1974MPLJ526

Officer directly before the Board of Revenue. As regards the appeals in general, the provision is made in Section 41 of the Act, which is … (Petitioner's Annexure-A/10), holding that the petitioner could not be given the benefit of Section 14 of the Limitation Act, 1963. 2. The question whether the lands held by the petitioner exceeded the ceiling limit as per the Madhya … is made in Section 41 of the Act, which is included in Chapter VII. Section 41 of the Act makes every order of a revenue … Mata Din v. A. Narayanan, AIR 1970 SC 1953 and in The State of West Bengal v. The Administrator, Howrah Municipality, (1972) 1 SCC 366 - (AIR 1972 SC 749). 8. As against this, the learned Dy. … Additional Commissioner, Jabalpur Division, who, by order, dated 7-7-1966 (Petitioner's An-nexure-A/5), dismissed the appeal. Against the said

Lalithambika vs Grievance Redressal Committee

Court : Kerala

the locker. There is also no requirement to secure any letters of administration under Section 29 of the Administrators-General Act, 1963. There is also no case for the respondent Bank that there is any litigation instituted by … of administration from the petitioner.7. It is further pointed out that by virtue of Section 29 of theAdministrators-General Act, 1963, the petitioner is at liberty to secure necessary letter of administration or to resort to the provisions of … Letters of Administration are applied for, as envisaged by the provisions of Chapter II of the Indian Succession Act, the entirety of the assets of