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Lakshmimoni Das and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72

..... intended to remedy.' mr. pal has submitted that the existing state of law governing the thika tenancy is to be found in the calcutta thika tenancy act, 1949. the preamble of the said 1949 act is in the following terms : --'whereas it is expedient to make better provisions relating to the law of landlord and tenant in respect of thika ..... . in this connection, reliance was placed by mr. pal on the observation of the supreme court made in the case of chiranjilal v. union of india, reported in : [1950]1scr869 . reliance was also placed on another decision of the supreme court reported in : [1964]1scr371 . it has been conte compensation is an inbuilt safeguard to the power of ..... property for public use upon making just compensation. referring to the decision of the supreme court made in the case of charanjit lal v. union of india reported in : [1950]1scr869 , mr. pal has contended that s. r. das j. (as his lordship then was) has observed in the said decision to the following effect that the effect .....

Kamla Kanwar Vs. State of Rajasthan and Others

Court : Rajasthan Jodhpur

..... . 14. in so far as phraseology "defence service" is concerned, according to interpretation placed by the respondents thereto, based on preamble of the rules, it only means the members of the indian army. but, rigor of that rule has been somewhat relaxed by its amendment because even the members of the police service have been ..... the present form has resulted in discriminatory treatment to the members of the paramilitary forces like border security force and central reserve police force, even though their act of gallantry cannot in any way be underestimated. awardees of the president's police medal, who are otherwise similarly situate, have to be placed at par ..... rules of 1966 have been framed with a view to recognise and reward members of the defence services of the country, who have distinguished themselves by conspicuous acts of gallantry and are awarded gallantry decorations by the president of india. the respondents are interpreting the rules of 1966 to mean that they are not applicable .....

Prime Ministers National Relief Fund vs.aseem Takyar

Court : Delhi

..... of the appellant-trust in their ex-officio capacity, it would not bring pmnrf within the definition of public authority as a division bench of this court in army welfare housing organization v. adjutant general s branch & ors., (2015) 216 dlt184has clarified that merely because certain government functionaries hold a position in his/her ex ..... government servants hold a position in his/her ex-officio capacity, ipso facto that does not mean that the government is exercising control through the ex-officio members [army welfare housing organization vs. adjutant general s branch, (2015) 216 dlt184(db),].. however, pmnrf is not managed by mere officers or government employees. it is pmnrf ..... within the definition of article 12 are unnecessary to interpret section 2(h)(d)(i) and (ii) of the rti act. the tests that are to be applied must keep in mind the preamble and the object and reasons behind the rti act. 24. the same was held by the supreme court in thalappalam service coop. bank (supra): the .....

inglis Vs. Trustees of Sailor's Snug Harbor

Court : US Supreme Court

..... vest the estate in them as a legislative investiture, but to declare that the estate was vested in them for the purposes of the charity, and not otherwise. the preamble of the act, too, shows that the trustees did not ask to have the estate vested in them, but that inconveniences has arisen in the management of the estate from the changes ..... of this resolution, abiding in the state and owing protection to the laws of the same. he was within the british lines, and under the protection of the british army, manifesting a full determination to continue a british subject. but if it should be admitted that the state of new york had a right to claim the allegiance of charles ..... that "divers persons holding or claiming property within this state have voluntarily been adherent to the said king [of great britain], his fleets and armies, enemies to this state and the said other united states, with intent to subvert the government and liberties of this state and of the said other united states, page .....

K.K. Verma and anr. Vs. Union of India and anr.

Court : Mumbai

Reported in : AIR1954Bom358; (1954)56BOMLR308; ILR1954Bom950

..... this notice is a valid notice, and it will only be a valid notice provided the respondent comes within the ambit of section 3 of act 27 of 1950.that act was put on the statute book, as the preamble shows, for the purpose of providing for the eviction of certain persons from government premises and for certain matters connected therewith. the expression ' ..... defence on the basis that he was a dependant of an army officer and was a displaced person. it is not in dispute that a contractual monthly tenancy was created between the union of india, which is the owner of these premises ..... act no. 27 of 1950. it is necessary to state only a few facts in order to understand and appreciate the legal arguments that are advanced before us.2. the respondent is a displaced person and he has a son in the army and a flat which is situated at dhobi talao was given to him under instructions from the ministry of .....

Smt. Asha Arun Gawli Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : (1997)99BOMLR240

..... committed by the detenu while in yerwada and aurangabad prisons. he has stated that as per material available on record, police is certain that acts of conspiracy to commit criminal acts narrated in the preamble to the grounds of detention were being perpetrated by the detenu as a result of passing of vital instructions and orders to the gang ..... members outside, upon receipt of which they would act for which he has been arrayed as a conspirator. even in this affidavit, shri malhotra has not ..... us, are liable for exemplary costs.17. coming to the merit of detention, we find that the detenu was released from jail on 11.12.1996. as per preamble to the grounds of detention, as discussed, he was very active in the jail. shri jadhav jail superintendent of yerwada with his affidavit, filed a news item dated .....

The British India Corporation Ltd., Cawnpore Woollen Mills Branch Thro ...

Court : Allahabad

Reported in : 2006(2)AWC1511; [2006(109)FLR460]

..... , whether the terms of employment be express or implied, but does not include any such person- (i) who is subject to the army act, 1960 (46 of 1950) or the air force act, 1950 (45 of 1950) or [the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee or a prison ..... employment under them and to make the said conditions known to workmen employed by them10. on the basis of the aforesaid preamble, it has been stressed that the provisions of even this 1946 act, would not be applicable in the case of plaintiff, if he is not covered within the meaning of workman, as given within ..... case the plaintiff could be held to be a workman otherwise there would be no application of the provisions of this 1946 act in his case. learned counsel has drawn my attention to the preamble of 1946 act, which reads as below:-whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of .....

Abdulsattar Yusufbhai Qureshi and ors. Vs. State of Gujarat

Court : Gujarat

Reported in : AIR2001Guj179

..... (b) for regulating or prohibiting movement, supply and distribution of or trade and commerce in, or for regulating the maintenance of cattle.' 10. as the preamble of the act and the section quoted above clearly show that it is an enactment to control and regulate the essential commodities including cattle in the interest of general public. sub- ..... government to issue order to regulate or prohibit trade or commerce in cattle in the interest of general public. taking into consideration the object of the act as disclosed in the preamble and from other provisions, a very narrow construction on section 4, as is sought to be put on behalf of the petitioner, cannot be accepted ..... of what constitutes 'reasonable restriction' is not final or conclusive. it is subject to the supervision of the court (see chintamanrao v. state of m. p., 1950 scr 750). the power to impose reasonable restriction under article 19(6) is with a purpose to strike a balance between the freedom guaranteed by sub-clause (1) .....

Jitendra Nath Banerjee and ors. Vs. West Bengal Board of Examination f ...

Court : Kolkata

Reported in : AIR1983Cal275

..... had been passed by the state legislature and the same was published in the calcutta gazette on 31st december, 1979. the preamble of the act provides that the act has been introduced in order to reconstitute the university of calcutta to enable it to function more efficiently as a university encouraging ..... board to hold such examination for admission to engineering, medical and technological degree colleges when specific provisions have been made in the calcutta university act 1979 empowering the university authorities to make regulations, statutes or ordinances for admission of students in these colleges which are undoubtedly affiliated to the ..... the board of examination to hold examination for admission to engineering medical and technological degree colleges being contrary to the provisions of the calcutta university act. the impugned order of the government constituting the board and the rules framed thereunder for holding the joint entrance examination for admission to engineering .....

Col Chander Ballabh Sharma, Vrc, Sm Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... of selection board has been adopted w.e.f. 1.1.2009. earlier there was no defined weightage for gallantry awards. officers were value judged for their performance preamble of the policy in categorical terms stated that policy is being adopted w.e.f. 1.1.2009 and further para 7 states gallantry awards will be given weightage ..... union of india and others (2011) 10 supreme court cases 121. 10. it is not in dispute that petitioner was commissioned in the indian army on 18th june, 1983 and awarded sena medal (gallantry) for act of exceptional devotion to duty and courage and subsequently awarded vir chakra for conduct during ipkf operation. the petitioner was promoted as lt colonel in ..... order dated 13.12.2011 passed by the central govt dismissing his statutory complaint. 5. in the written reply the respondents bring out that the applicant was commissioned in army on 18 jun 1983 in 13 sikh light infantry and was awarded sena medal (gallantry) on 26 jan 1986 in the rank of 2 lt and vir chakra in .....