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Kheda District Panchayat Vs. Jashubhai Devabhai Gohel

Court : Gujarat

Reported in : [2007(115)FLR1061]

..... , banaras hindu university and ors. v. ..... , banaras hindu university v. ..... the apex court while considering the provisions of the industrial disputes act, held as under:in the act we do not find any definition of the expression 'abandonment of service'. ..... the intention may be inferred from the acts and conduct of the party, and is a question of fact. ..... of the award in question makes it clear that the labour court has not considered this question only on the ground that the termination is not being sec aside by labour court on the ground of non compliance of section 25-f of the i.d. ..... however, there is no time limit prescribed in section 10(1) of the i.d. ..... while issuing rule, ad interim relief in terms of para 7(c) was granted by this court subject to compliance of section 17-b of the i.d. ..... act but it was set aside on the ground of breach of principles of natural justice. ..... act, 1947 for raising of an industrial dispute. ..... act, 1947.5. .....

Prema Vs. K.V. Rami Reddi

Court : Chennai

Reported in : 2000(3)CTC617

..... banaras hindu university and others : [1988]1scr941 is relied on by the learned senior counsel, mr ..... banaras hindu university and others : [1988]1scr941 ; (3) puwada narasimhamurthy ..... of civil procedure, the judgment shall be dated and signed by the judge in the open court at the time of pronouncing the same and when once it is signed, it shall not afterwards be altered or added to, save as provided by section 152 of the code of civil procedure or on review and in the instant case, even without pronouncing the judgment and even without signing the same final decision was taken by the learned judge and to that ..... masilamani, learned senior counsel, none of the requirements enjoined by the various sections and orders referred to supra is satisfied in the instant case and in the eye of law there is no ..... of uttar pradesh : 1954crilj475 the decision of the privy council was referred to and it was observed that,'section 537 of the code of civil procedure does as much the same thing on me criminal side as sections 99 and 108 do on the civil. ..... privy council referred to section 99 of the code of civil procedure wherein it is stated that,'no decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any error defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the act. ..... where a statute required recording of reasons in support of the order, it must be done by the authorities concerned .....

Jer Rutton Kavasmaneck @ Jer Jawahar Thadani and Another Vs. Gharda Ch ...

Court : Mumbai

..... banaras hindu university (1988) 1 s.c.c ..... the learned counsel appearing for the respondent no.2 distinguished the judgment of the supreme court in the case of sreemeenakshi mills (supra) on the ground that the said judgment did not pertain to appeal under section 10f of the companies act, 1956 and in any event does not hold that the question of law means mixed question of facts and law or that this court is empowered to reconsider the facts and come to a different conclusion ..... the inter se agreement conferring such right is de hors the articles of association and is, therefore, not affected by the character of the company, whereas, what is impermissible by the statute is that in case of a public limited company, the articles, even if having any such right, the same stands over-ridden by the statutory provision and enactment and must, therefore, give way to the same ..... after providing for articles of association and membership of company and their registration, sections 43 and 43a appear in the statute book and it is clear from a reading of the same that whenever there is any provision which under clause (iii) of section 3(1) is required to be included in the articles of company in order to constitute it as a private company, then, that is a private ..... the context of regulation 29(1), the word pronounces must take its colour and meaning from section 397 and 398 which use the word make and hence, cannot, in or under a statute, have the meaning of only an oral utterance in open court. .....

M/s. Noble Import Private Limited, Telangana rep, by its Manager R. Vi ...

Court : Andhra Pradesh

..... (banaras hindu university v. ..... regulation 2(1) stipulates that where (a) an importer or an exporter is unable to make self-assessment under section 17(1) of the customs act and makes a request in writing to the proper officer for assessment; or (b) the proper officer, on account of any of the grounds specified in sub-section (1) of section 18 of the said act, is unable to verify the self-assessment or make re-assessment of the duty on the imported goods or the export goods, he shall make an estimate of the duty to be levied (hereinafter referred to as the provisional duty). ..... the mere fact that the earlier court misconstrued a statute/statutory rule, or ignored a rule of construction, is no ground for impugning the authority of the precedent. ..... a statutory body/ authority, which is entrusted by the statute/statutory rule with a discretion, must act fairly. ..... wilkes (1770) 98 er 327); craies on statute law, 6th edn., p. ..... a precedent, on the construction of a statute, is as much binding as any other, and the fact that it was mistaken in its reasoning does not destroy its binding force. (b.r. ..... it must, however, be borne in mind that the quotable in lawis avoided and ignored if it is rendered i n ignoratium of a statute or other binding authority'. ..... where a statute/statutory rule vests discretion in the authority to exercise a particular power, there is an implicit requirement that it shall be exercised in a reasonable and rational manner free from whims, vagaries and arbitrariness. .....

Subhasgouda Vs. Lakshmi Bai

Court : Karnataka

Reported in : ILR1992KAR2410; 1992(4)KarLJ628

..... banaras hindu university to which a reference has also been made by the learned single judge and reported in : [1988]1scr941 though arising in a civil matter under order 20 rule 3 cpc has made it clear that while the court ..... n the petition, it is contended that the process ought not to have been issued as there was violation of the mandatory provisions of section 204 of the code of criminal procedure (for short 'the code') inasmuch as a list of witnesses was not given with the complaint ..... it may be mentioned here that the learned judge acting under section 9 of the act did not refer the entire matter in the criminal petition for being heard and determined by the bench of two ..... in such a situation the power under section 9 of the karnataka high court act could be invoked has received our anxious ..... he found controversy with regard to the power of a judge under section 362 of the code and this is how the matter has been referred to the bench of ..... single judge has made a reference in this matter to a division bench to be heard and decided by it under section 9 of the karnataka high court act of 1961 (karnataka act 5 of 1962). ..... in this decision though reference has been made to section 362 of the code it is not stated anywhere that a judgment which was already dictated in open court but not signed was sought to ..... directing issue of process against them for the offences under sections 324, 323, 506, 147, 148 and 498-a ipc read with section 4 of the dowry prohibition act. ..... section 9 of the act .....

Khacher Singh Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1995All338

..... banaras hindu university, 1993 (1) uplbec 448 (wrongly reported as judgment of single judge) has laid down that besides the aforesaid rule filing of the successive writ petition is against public policy apart from being the abuse of the ..... banaras hindu university(supra) and saheb lal ..... it is further contended that apart from challenging the notifications under sections 4 and 6 of the act petitioner has also made additional prayer for grant of exemption of his land from acquisition proceedings under section 48 of the act, and therefore, this petition will be maintainable.11. ..... in this connection it has also been stated by the petitioner that a part of the plot of the petitioner has already been exempted from acquisition under section 48 of the act; but the government has failed to exempt the whole plot. ..... 8 from acquisition proceedings under section 48 of the act has also been made. ..... petitioner's father, sri khacher singh filed this writ petition on 11-10-1993, challenging the notifications dated 24-1-1983 and 14-2-1983 under sections 4 and 6 of the land acquisition act (hereinafter referred to as the act) respectively. ..... it is true that in the instant petition the petitioner has also made a prayer for appropriate direction to the government to exempt his land from acquisition under section 48 of the act. ..... the impugned ' notifications were issued under the act in 1983, which were challenged by the petitioner and various other tenure holders by means of writ petitions before this court in .....

Major Jasbinder Singh Bala S/O Sri Bachan Singh Bala Vs. Iind Addition ...

Court : Allahabad

Reported in : 2006(2)AWC1545

..... registrar (administration), banaras hindu university, varanasi and ..... it is only the question of the right and title of the respective claimants to the apportionment of the compensation money which is referred for determination by the civil court under section 30 of the act and those parties are certainly bound by the adjudication of the court and the same question cannot be tried and determined by any other court in a subsequent suit as the right to apportionment necessarily involves ..... 474, wherein while deciding the similar issue, the court held as under:-the subordinate judge who is appointed under section 3(d) of the act to decide a dispute with regard to allocation of compensation money does not constitute a court of record, but admittedly he does constitute ..... in the instant case, the judgment and order under challenge is by the court deciding a reference under section 30 of the act, therefore reference to the said judgment of this court is totally misplaced and the ratio of the said judgment has no bearing ..... wherein after referring to a large number of statutory provisions of the land acquisition act, and c.p.c, it has been held that the act makes reference under section 3(d) to the court and it refers to the court and not to the ..... (sc) , a constitution bench of the hon'ble supreme court considered the issue that when the remedy under section 8(5) of the taxation of income-tax (investigation commission) act, 1947 was pending, whether the high court could entertain a writ petition. .....

Jafarullah Vs. Kota Open University and ors.

Court : Rajasthan

Reported in : 1998(3)WLC269; 1998(1)WLN272

..... banaras hindu university, 1993 (1) uplbec 448; and saheb lal v. ..... mehta has vehemently argued that once the petitioner has got the relief from the respondent university as per the interim order of this court, the writ petition filed by him had become infructuous and passing the impugned order amounts to not only abuse of the power but also the contempt of the ..... as a consequence of dismissal of the writ petition as withdrawn, the respondent university passed the order dated 16.12.1994 putting the petitioner on the original pay scale. ..... to ensure compliance of the order passed by this court, the respondent university, vide order dated 8.8.1991, granted the pay scale of rs. ..... 9 to the petition has been passed by the university independently and not it pursuance to the interim order passed by this court, as in the bottom of the said order it has been mentioned that a copy of the order has been forwarded to the registrar of this court and, ..... petitioner was appointed as computer programmer cum operator in the respondent university vide order dated 5/6th april, 1989. ..... singhvi has placed reliance on the minutes of the meeting of the board of management of the university held on 7.6.1988 contained in annexure. ..... once the relief and been granted, there was no occasion for the respondent university to withdraw the same. ..... the maxim of 'actus curie neminem gravabit' is applicable in such a case which means that the act of the court shall prejudice no one. .....

Nagar Mahapalika Vs. Afaq HusaIn Altaf HusaIn and anr.

Court : Allahabad

Reported in : AIR1962All517

..... godbole and sadgopal, second (1939) edition, published by the department of chemistry, banaras hindu university, banaras. ..... both the samples were thus found to be adulterated and afaq husain and sarfaraz husain, were, therefore, prosecuted under section 7 read with section 16 of the prevention of food adulteration act read with rule 5 of the prevention of food adulteration rules and ganga ram matu ram for similar offence in the other case ..... the book refers to certain experiments which were carried out in the university regarding the effect of light, air and mature separately and conjointly on samples of ghee, which were otherwise free from acid consents ..... in england section 14 of the sale of food and drugs act, 1875, and section 18 of the food and drugs (adulteration) act of 1928, which replaced the act of 1875, made more or less the same provision as the one under clause (a) of section 11(1) in india ..... we, therefore, hold that there was due compliance of clause (a) of section 11(1) of the act when notices were served by the food inspector on the persons from whom the samples were taken and that no second notice was required to be given to the proprietors of the two shops ..... webb (1887) 51 jp 661):'the person buying the articles is bound by the statute to notify to the seller his intention to have the article analysed. ..... this appeal afaq husain and sarfaraz hussain are convicted under section 7 read with section 16 of the prevention of food adulteration act, xxxvii of 1954, and fined rs. .....

Dr.John Kuriakose Vs. State of Kerala

Court : Kerala

..... setalvad contended that since the college in question is affiliated to a statutory body, namely, the university of lucknow, and is governed by the relevant statutes and ordinances framed under the provisions of lucknow university act, 1920, any violation of the statute or the ordinance in the matter of terminating the services of a teacher would attract the jurisdiction of the high curt under article 226 of the constitution as wp(c).36422/04 42 statutes and ordinances have the force of law. ..... counsel appearing for the management that as per the earlier judgment of the full bench, the full bench has relegated the petitioner to file appeal before the tribunal under section 63(6) of the act, 1985, hence, the remedy of the petitioner is to approach the university appellate tribunal, whereas before the learned division bench the petitioner contended that exhibit p14 order dated 12.10.2004, which is impugned in the writ petition, is not an order of wp(c).36422 ..... srivastava (air1976sc1073 the same position was repeated in regard to the dayanand mahavidyalaya degree college, varanasi, an institution affiliated to the banaras hindu university. ..... the petitioner, on the question of maintainability of the writ petition, contended that the writ petition before this court is maintainable against the college, since the college is affiliated to the university receiving grant from the state and governed by the provisions of section 85 of the act, 1985 and the statute framed thereunder. .....