Court : Allahabad
Reported in : AIR1995All98; (1994)3UPLBEC1740
ORDERS. S. Sodhi, C.J. 1. The matter here concerns admissions to Government MedicalColleges in the State of Uttar Pradesh by migration or transfer from various recognised and unrecognised Medical Colleges outside the State. It arises in the context of a bunch of 139 petitions, which came up before the Supreme Court for special leave to appeal against interlocutory orders of this Court directing admissions to Government Medical Colleges in the State by migration/transfer, which as the Supreme Court observed, 'prima facie indicate too liberal a judicial attitude to matters which should have required the application of settled principles of interlocutory relief' and further that the submissions during arguments 'embarrassingly indicated a widely shared apprehension as to the bona fides of the transfers and possible abuse of the process of Court' and that 'the present interlocutory orders do lack visible legal support.'2. Most of the writ petitions now before us comprise the said bunch of ...
Tag this Judgment!Court : Mumbai
Reported in : 2008(1)ALLMR794; 2008(2)BomCR166; 2008(2)MhLj362
J.H. Bhatia, J.1. Being aggrieved by dismissal of his application under Section 13A(1) of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for brief, 'Bombay Rent Act'), the applicant has preferred the present Revision Application. 2. To state in brief, the dispute pertains to the flat No. 30, on the 7th floor of Punam Apartments in Poonam Co-operative Housing Society Limited situated at 67, Nepean Sea Road, Bombay.l The flat consists of three bedrooms, hall, kitchen and a servant room. The flat originally belonged to one Gurumukh Nihal Singh who died in December, 1969 leaving behind son Prahlad Singh and four daughters, viz. Harbans, Surjeet, Tej Khanna and Satwant. Son Prahlad had half share in the said flat while each of the four daughters had 1/8th share. Prahlad transferred his half share in favour of his two sisters Harbans and Tej Khanna and thus share of each of these two sisters became 3/8th in the flat. Harbans transferred her share to Tej Khanna and thus ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD(Cri)338; 2005(3)ALT487
G. Bikshapathy, J.1. Common questions of law are raised in these Writ Petitions and hence they are being disposed of by a common judgment, however, keeping in view the incidents in each individual case.2. The Collector and the District Magistrate, Anantapur by virtue of the powers vested in him under Section 3 of A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act (1 of 1986) (for brief the 'Act'), passed Orders of detention. Consequently, writs of habeas corpus came to be filed by the petitioners on behalf of detenus seeking production and release of the detenus after holding the Order of detention as illegal and invalid.3. The learned Senior Counsel appearing for the petitioners and the learned Advocate General have elaborately and minutously argued most of the general issues arising out of preventive detention Orders. Therefore, it become inevitable for us to deal with each and every contention in ...
Tag this Judgment!Court : Delhi
Reported in : 1994IIAD(Delhi)593; 54(1994)DLT578; 1994(29)DRJ258
C.M. Nayar, J.(1) The present petition has been filed to quash the Notification No. S.O. 813(E) dt. December 2, 1991, and Notification No. S.O. 814(E) of the same date as well as for quashing the communication dated December 3, 1991, repatriating the petitioner to his home State and for directing the respondents to allow the petitioner to continue to function as Chairman of Central Pollution Control Board. (2) The petitioner was working in the field of Environment since March, 1983, when he was appointed as Member Secretary to the State Pollution Control Board, Punjab. It is further stated in the petition that since that time the petitioner was working in the field of Environment and was being identified as one of the top Environmentalist in the country. He is also known at international level in the field of Environment and has distinction of under taking special assignment of World Health Organisation in Sri Lanka for planning the environmental Pollution Control measures to be adopte...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR238
Surya Kant, J.1. This judgment will dispose of Regular Second Appeal Nos. 4328 and 4345 of 2002, as not only common questions of facts and law are involved in these two Appeals but both have been directed against the same judgment and decree dated 30.4.2002 passed by the learned Civil Judge (Senior Division), Ropar and affirmed by the learned District Judge, Ropar vide his judgment and decree dated 26.7.2002. Needless to say that these Appeals have originated out of Civil Suit No. 65 of 2001 filed by Dasmesh Educational Society (Regd.).2. Facts are being taken from R.S.A. No. 4328 of 2002.3. The material facts emanating the cause of action as mentioned in the plaint are that the Dasmesh Educational Society (Regd.) (hereinafter referred to as Plaintiff/Respondent No. 1) instituted the Civil Suit No. 65 of 2001 against (i) the State of Punjab through its Secretary, Housing, (ii) Punjab Housing Urban Development Board through its Vice Chairman, (iii) Punjab Urban Development Authority thr...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT144; 1996(2)ARBLR629(AP)
P. Venkatarama Reddi, J. 1. The C.M.A. and the C.R.P. are filed by the State of Andhra Pradesh against the common judgment in O.S. No. 830 of 1985 and O.P. 313 of 1985 on the file of the II Additional Judge, City Civil Court, Hyderabad respectively, O.S. No. 830/85 was filed by the respondent under Sections 14 and 17 of the Arbitration Act to make the Award dated 31.5.1985 a Rule of the Court and to pass a decree in terms thereof. O.P. 313/85 was filed by the appellants under Sections 30 and 33 of the Arbitration Act to set aside the Award. The suit was decreed and the Government was directed to pay the amount awarded by the arbitrator together with interest at 18% per annum from the date of reference till the date of realisation. O.P. No. 313/88 was dismissed. 2. The respondent is a contractor. The contract was to construct a high-level causeway across Alair river at KM 31/4-6 of Torruru-Voligonda road. Nalgonda district. The work was awarded to him pursuant to the acceptance of the r...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
R.C. Lahoti, J.1. Leave granted in all the Special Leave Petitions.2. In this batch of writ petitions and appeals the core issues is the vires of the provisions of Section 175(1)(q) and 177(1) of the Haryana Panchayati Raj Act, 1994 (Act No. 11 of 1994) (hereinafter referred to as the Act, for short). The relevant provisions are extracted and reproduced hereunder:-175. (1) No person shall be a Sarpanch or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad or continue as such who -xxx xxx xxxxxx xxx xxx(q) has more than two living children :Provided that a person having more than two children on or upto the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified;'177(1) If any member of a Gram Panchayat, Panchayat Samiti or Zila Parishad -(a) who is elected, as such, was subject to any of the disqualifications mentioned in Section 175 at time of his election;(b) during the term for which he had been elected, incurs any of th...
Tag this Judgment!Court : Patna
R.S. Garg, J. 1. This letters patent appeal has been filed under Clause 10 of the Letters Patent of the Patna High Court, by the Bihar State Pollution Control Board, being aggrieved by the order dated 15-9-2003 passed in CWJC No. 4122 of 2003 (reported in 2004 (1) Pat LJR 25) whereunder the learned single Judge has held that the decision to reject, the writ petitioner's application was based on a ground which had no application to the case. The learned single Judge after quashing the Board's decision dated 13--5-2003 required the appellant to reconsider the writ petitioner's application.2. The necessary facts for disposal of the writ application are that the original petitioner Hiranand Stone Works is a proprietorship firm and is owned by Nand Kishore Tekriwal. The petitioner firm is registered as small scale industry unit having its registration No. 3-1-02643 -PMT-SSI dated 30-11-1982. The petitioner after being registered as SSI with financial assistance of Bihar State Financial Cor...
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602
ORDERAgarwal, J. 1. Present suits arc filed by Christian wives for dissolution of their marriages under Section 10 of the Indian Divorce Act, 1869 (hereinafter referred as 'the Act'). Each of them impugn the vires of the provisions of Section 10 of the Act which provides for the grounds on which a husband and wife can sue for dissolution of marriage. It is contended that the provisions are archaic and adversely discriminate wives as against husbands merely on ground of sex and are, therefore, violative of article 15 of the Constitution. It is further contended that theaforesaid provisions adversely discriminate them vis-a-vis wives belonging to other communities. They are, therefore, denied equality before law and hence the provisions are violative of Article 14 of the Constitution. It is also contended that the aforesaid provisions force them to continue to live with their husbands as wives even though they are subjected to cruelty or desertion. They are, therefore, deprived of their ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP278
ORDER1. This writ petition was filed seeking declaration that the petitioner is entitled to the incentive of Interest Free Sales Tax Loan under the Scheme introduced by the first respondent in G.O.Ms. No. 224, Industries and Commerce Department, dated 9-3-1976 by holding that the provisions of A.P. Interest Free Sales Tax Loans for Industries (Imposition of Ceiling) Act, 1987 (hereinafter referred to as 'the Act') does not affect the rights of the petitioner to claim the above mentioned incentive.2. The writ petition was filed on the basis of the following facts alleged in the affidavit filed in support of the writ petition. 3. The petitioner, which is a Public Limited Company having its registered Office at Adoni, is engaged in the business of manufacture of Caustic Soda and other allied products. It was set up at Gandiparla Village, Kurnool District, which is an industrially backward area. The unit is established at a total cost of Rs. 30 (thirty) crores with the colloboration of an ...
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