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Registrar of the Orissa High Court Vs. Baradakanta Misra and anr.

Court : Orissa

Subject : Service

Acts : Constitution of India - Articles 154, 214, 215, 216, 233, 233(1), 235, 309, 311(1) and 367(1); Disciplinary Proceedings (Administrative Tribunal) Rules, (1951); Orissa Service Code - Rule 20; Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 - Rules 12(1), 14, 22(2), 23 and 31; General Clauses Act, 1897 - Sections 16; Orissa Civil Services (Classification, Control and Appeal) (Amendment) Rules, 1963 - Rule 18; Contempt of Courts Act, 1971 - Sections 2(1), 13, 17 and 19

Reported in : AIR1973Ori244; 1976CriLJ405

to be examined by enlarging the scope of this case. Reliance is placed on the following observations in AIR 1967 SC 1 (Naresh Shridhar Mirajkar v. State of Maharashtra):'We have referred to these respective arguments just to … is not to be surprised at the continuance of such a provision, as the Appeal Rules came into force in 1962 and the interpretation of Article 235 by the Supreme Court was made in September, 1965 and … of 12 days from 14-7-71 to 25-7-71 when he was posted to act as District and Sessions Judge of Cuttack during the leave vacancy of … would be clear from Clause 19 of the Adaptation of Laws Order, 1950.36. We would now examine whether the District Judges had any right of … a particular manner. Sd. B. K. Misra.6-7-71.' Under Section 9 of the Bengal, Agra and Assam Civil … Act, as amended by the 1919 Act.In Section 134(4) of the 1915 Act 'Local Government' was defined

Air Cmde Mrigendra Singh, Vsm Vs. Union of India, Represented by the S ...

Court : Guwahati

Subject : Education

records were sought for by respondent No.8 purportedly in exercise of his powers under Section 108 of the Air Force Act, 1950, though he does not, according to the petitioner, have such an authority. The obtaining of the call records … GCM already started. Again in the case of Union of India Vs. Maj Gen Madanlal (AIR 1996 SC 1340), the Apex Court held that trial commences the moment the General Court Martial assembles to consider the charge

N. Sivasubramanian Versus Government of India and Others

Court : Armed forces Tribunal AFT Regional Bench Chennai

Subject : Land Acquisition

was convened by the Chief Engineer Jaipur Zone and a Staff Court of Inquiry (C of I) by Air Force authorities were held in this case. It was followed by a Departmental Board of Officers under the Chief … General Court Martial could not be conducted since the same is barred under Section 122 of the Army Act, 1950. The delay would vitiate proceedings. The petitioner would place his reliance on the following dictums: i) AIR 1990 … as Garrison Engineer under the control of Commander Works Engineer (Head Quarters, 134, C.W.E., C/o 56APO 3) at Jodhpur in October, 1984. There were five

Sm. Sita Agarwalla and ors. Vs. Harrimally Currimbhai Lalji Sajan and ...

Court : Kolkata

Subject : Tenancy

Acts : West Bengal Non-Agricultural Tenancy Act, 1949 - Section 88; ;Bengal Non-Agricultural Tenancy (Temporary Provisions) Act, 1940

Reported in : AIR1979Cal273,83CWN669

Cal 45) (Gangjee Sajun & Co. v. Lalji Agarwala Jain). At p. 134 (of Cal WN): (at p. 47 of AIR) this Court has stated: … made certain observations with regard to Sub-section (5) of Section 18 of the West Bengal Premises Rent Control Act, 1950. This Sub-section is in these terms:'In all applications made under Sub-section (1) of Section 18 of the said … WN 243; and of Guha Roy and Renupada Mukherjee, JJ. in Tarapada Biswas v. Mrityunjay Mukherjee in : AIR1958Cal313 . The Division Bench has noted that all the three previous Division Benches have ultimately agreed in holding … the Bengal Non-Agricultural Tenancy (Temporary Provisions) Act IX of 1940 came into force.4. On March 28, 1941, the trial court dismissed the plaintiff's claim for

The Ambala Ex-servicemen Transport Co-operative Society, Ltd. and anr. ...

Court : Punjab and Haryana

Subject : Motor VehiclesConstitution

Acts : Constitution of India - Articles 226, 254 and 372; Motor Vehicles (East Punjab Amendment) Act, 1948 - Sections 44, 44A, 62 and 64A; Motor Vehicles Act, 1939 - Sections 2(20), 44A, 55, 56, 57 and 62

Reported in : AIR1959P& H1

continue in force until altered or repealed or amended.8. In Rama Chandra Misra v. President, District Board Ganjam, AIR 1951 Orissa 1 (A), a Special Bench of the Orissa High Court had to determine whether the provisions … in that behalf.The India Act was amended in 1949 and again in 1950 but the maximum penalty of three years* imprisonment was retained. The accused … Act and if their intention was really to repeal the same they would have surely said so in Section 134 which deals with repeal.9. Mr. Sikri urges that (he repeal envisaged by Article 372 of the Constitution of

Jagannath S/O Anna Khakare and Others Vs. the State of Maharashtra, Th ...

Court : Mumbai Aurangabad

Subject : Education

matter of Central Inland Water Transport Corporation Ltd. and another Vs. Brojo Nath Ganguly and another, reported in AIR 1986 SC 1571. In paragraph no.52 of the judgment, it is observed thus: “52 Various aspects of the … drawn where it is performing in substance governmental and not commercial functions. (Cf: London County Territorial and Auxiliary Force Association v. Nichols, 1948-2 All ER 432)." 14. Relying upon the observations referred to above, it has been … under Section 133 read with Sections 131 and 134 of Electricity Act, 2003, promulgated the scheme of … Maharashtra State Electricity Board in view of notification issued under the Electricity Act, 2003, by the State on 04.06.2005. So far as petitioners in Writ … SC 1811 at p. 1849) per Shah, J. and Tamlin v. Hannaford, 1950-1 KB 18 at pp. 25, 26) Such an inference that the corporation … by Respondents contending that Respondent-Company is registered under Section 617 of the Companies Act and the Company

The State of Orissa Vs. Minaketan Patnaik

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 429; Constitution of India - Articles 133(1), 134(1) and 136; Evidence Act, 1872 - Sections 114 and 133

Reported in : AIR1953Ori160

As pointed out in the recent decision of the Supreme Court in -- 'Surajapal Singh v. The State', AIR 1952 SC 52 (A) in hearing an appeal against an order of acquittal under Section 417, Cr. P. … law regarding the necessity of adequate independent corroboration of the evidence of an accomplice would apply with full force. On the other hand, if it be held that such trap witnesses are not accomplices the question as … learned brother dismissing the appeal (See -- 'Govt. Appeal No. 11 of 1950 (B) where Hon'ble Mr. Justice B. Jagannadha Das (as he then was) … proof of the two previous alleged demands as well as of the actual offer and acceptance of the bribe in pursuance of those demands. The … that therefore leave should be granted under Article 134(1)(c) of the Constitution, which provides for an appeal

Khan Bahadur C.B. Taraporwala and anr. Vs. Kazim Ali Pasha and ors.

Court : Andhra Pradesh

Subject : PropertyContract

Acts : Indian Contract Act, 1872 - Sections 23 and 230; Code of Civil Procedure (CPC) - Sections 86(1) and 87B - Order 1, Rule 10 and 10(2) - Order 22, Rule 10; Muhammadan Law; Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Sections 47

Reported in : AIR1966AP361

owner although the legal title vests in the former. It is settled in GUR Narayan v Sheolal Singh, AIR 1918 PC 140 that a benamindar can sue in his own name without making the beneficial owner a … privilege conferred by Sub-section (1) of Section 86. C. P. C. cannot be waived.13. There is however more force in Sri V. K. Vaidya's submission that even if H. E. H. the Nizam is held to be … the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act (XXI of 1950) which provides that no permanent alienation and no other transfer of agricultural … Similarly, defendant No. 25 has filed Application No 134 of 1966 yesterday for the dismissal of Application … Law and are champertous and void under Section 23 of the Contract Act. (4) The sale transactions violate the injunctions issued during the suit as

T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.

Court : Supreme Court of India

Subject : LimitationProperty

Acts : Limitation Act, 1908 - Schedule - Articles 134, 134A, 134B, 142 and 144; Limitation Act, 1963 - Sections 3, 10, 27, 28, 31, 52A and 107 - Articles 64, 65, 94 and 96; Wakf Act, 1995 - Sections 2, 83, 85, 107, 112, 112(1), 112(2) and 112(3); General Clauses Act, 1897 - Sections 6; ;Tamil Nadu Wakf (Amendment) Act, 1982 - Sections 59A and 59B; Wakf Act, 1954 - Sections 59A, 59B and 66G; Wakf (Amendment) Act, 1984; Public Property (Extension of the Limitation) Act, 1959; Public Works (Extension of Limitation) Act; Administration of Evacuee property Act, 1950 - Sections 58 and 58(3)

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

second appeals, the Wakf Act, 1995 (in short, 'Wakf Act') came into force with effect from 1st of January, 1996. Section 107 of the said … application of Section 6 of the General Clauses Act.... Subsection 3 of Section 58, Administration of Evacuee property Act, 1950 purports to indicate the effect of the repeal, both in negative and in positive terms. The negative portion … the suits, arrived at the following findings:1. The judgment in C.V. Purushotham v. Chinna Jeevangar Mutt Tirupati : AIR1975AP153 could not be relied upon because it was delivered by a different High Court and reliance had to … appellants further alleged that the suits were barred by limitation under Article 134-B of the Limitation Act, 1908. An additional plea was also taken by

United States Vs. United States Tax Comm'n

Court : US Supreme Court

Subject : MRTP

and 20% on wine. Four United States military bases are located in the State of Mississippi -- Keesler Air Force Base, the Naval Construction Battalion Center, Columbus Air Force Base, and Meridian Naval Air Station. Prior to 1966, … relevant lands by condemnation Page 412 U. S. 372 between 1941 and 1950. [ Footnote 14 ] And, throughout the period of acquisition, the State … James v. Dravo Contracting Co., 302 U. S. 134 , 302 U. S. 140 (1937); Standard Oil … FROM THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI Syllabus The United States brought this action contesting the validity of appellee Tax Commission's regulation requiring out-of-state liquor distillers and suppliers to collect and remit … given its "consent . . in accordance with the 17th clause, 8th section, and of the 1st article of the Constitution of the United States,