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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 … of the capable members for being entitled to vote and contest the elections for the Managing Committee,

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 … of letters of administration. In the petition the appellant had shown Tara Devi widow of the deceased and Vijay Laxmi a married daughter of the deceased as heirs of the deceased. The Court by order dated 11.10.2007

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 … State, we are calledupon to test the constitutional validity of Regulation 5 of the Panjab University Calendar

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

is transferred to any Other High Court. It may thus be noticed that Article 217(1)(c) is placed in Chapter V which deals with High Courts and may be extracted thus:The office of a Judge shall be vacated by … 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 … 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.

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

Court : Gujarat

Subject : Constitution

Reported in : (1976)17GLR1017

the settled legal position after examination of the provisions in chapter VI entitled 'subordinate Courts' occurring immediately after chapter V which deals with the High Courts making special provision for judicial services of the state. Chapter VI has … 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 … 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

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

Notwithstanding anything contained the sub-rule (1) 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 provision of that Chapter.26. It is very … 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 … 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,

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

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 … 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

Kailaschand Khusalchand Bakliwal Vs. the State of Maharashtra

Court : Mumbai

Subject : Constitution

Reported in : (1977)79BOMLR449

part thereof or any interest remaining unpaid on the appointed day during such period, and the provisions of Chapter V shall apply to the execution of decrees in relation to such debt against any such workers as they … 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. … 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

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 … 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 … (hereinafter referred to as 'the Act 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 which are material for the purposes of

Sri T N Raghupathy Vs. The High Court of Karnataka

Court : Karnataka

Subject : Land Acquisition

that the Judges of the High Courts constitute a single All- India cadre. The constitutional scheme embodied in Chapter V. envisages each High Court as a distinct entity from every other High Court. It is a complete, self-contained … 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 … 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