Court : Supreme Court of India
..... held on 20th march 1927 and another was an attempt to enter kalaram temple at nashik on 2nd march 1930.18. the report further states that in bengal, bihar and orissa and the united provinces, although there were large numbers belonging to untouchable castes, in general they do not seem to suffer so universally or so severely as ..... the depressed classes because the distinction between the depressed and other classes of the hindu communities was clearly defined. on the other hand, the states of bihar, orissa and assam while stipulating the castes which faced untouchability observed that untouchability in the states did not exist in the same form as it existed in south india ..... 156 industrial supplies private limited v. union of india, (1980) 4 scc341[25].; k. prabhakaran v. p. jayarajan, (2005) 1 scc754[39].; see bengal immunity company ltd v. state of bihar, (1955) scc online sc2 74 part d immunity company ltd v. state of bihar157, a seven-judge bench of this court held that legal fictions are .....
Tag this Judgment!Court : Karnataka
..... petitioner is facing criminal trial he has been honourably exonerated in the departmental proceedings, the court adopts the reasoning of the decisions in radheyshyam kejriwal v. state of west bengal (supra) and ashoo surendranath tewari v. deputy superintendent of police, eow, cbi (supra) and sets aside the impugned order dated 15th january 2009, passed by the ..... the appellant should have been exonerated. 21 all the aforesaid judgments are followed by this court in a.l.jayaramu (supra). after the aforesaid order, the high court of orissa in dr. minaketan pani4 (supra) has held as follows: 17. of the three judgments cited, two by mr. dhal for the petitioner and one by the learned ..... report of the central vigilance commission were brought to the notice of the high court, unfortunately, the high court took a view [prabhu saran rajya v. state of bihar, criminal miscellaneous no.5212 of 1992, order dated 3-8-1993 (pat)]. that the issues raised had to be gone into in the final proceedings and the .....
Tag this Judgment!Court : Karnataka
..... if a decision has been given per incuriam the court can ignore it. it is also true that the decision of this court in the case of bengal immunity co. ltd. v. state of bihar [air1955sc661: (1955) 2 scr603 623]. was not regarding an order which had become conclusive inter parties. the court was examining in that case only the doctrine of ..... ]. . this is the practice followed by this court and now it is a crystallised rule of law. see in this connection, as mentioned hereinbefore, the observations of the state of orissa v. titaghur paper mills [1985 supp scc280: (1985) 3 scr26 and also union of india v. godfrey philips india ltd [(1985) 4 scc369 387 :1985. supp (3) scr123 145]..47 ..... the reasoning on which it is based, is found, on that account to be demonstrably wrong. see morelle v. wakeling [(1955) 1 all er708 718-f]. . also see state of orissa v. titaghur paper mills co. ltd. [1985 supp scc280: (1985) 3 scr26 we are of the opinion that in view of the clear provisions of section 7(2) of the .....
Tag this Judgment!Court : Karnataka
..... if a decision has been given per incuriam the court can ignore it. it is also true that the decision of this court in the case of bengal immunity co. ltd. v. state of bihar [air1955sc661: (1955) 2 scr603 623]. was not regarding an order which had become conclusive inter parties. the court was examining in that case only the doctrine of ..... ]. . this is the practice followed by this court and now it is a crystallised rule of law. see in this connection, as mentioned hereinbefore, the observations of the state of orissa v. titaghur paper mills [1985 supp scc280: (1985) 3 scr26 and also union of india v. godfrey philips india ltd [(1985) 4 scc369 387 :1985. supp (3) scr123 145]..47 ..... the reasoning on which it is based, is found, on that account to be demonstrably wrong. see morelle v. wakeling [(1955) 1 all er708 718-f]. . also see state of orissa v. titaghur paper mills co. ltd. [1985 supp scc280: (1985) 3 scr26 we are of the opinion that in view of the clear provisions of section 7(2) of the .....
Tag this Judgment!Court : Karnataka
..... if a decision has been given per incuriam the court can ignore it. it is also true that the decision of this court in the case of bengal immunity co. ltd. v. state of bihar [air1955sc661: (1955) 2 scr603 623]. was not regarding an order which had become conclusive inter parties. the court was examining in that case only the doctrine of ..... ]. . this is the practice followed by this court and now it is a crystallised rule of law. see in this connection, as mentioned hereinbefore, the observations of the state of orissa v. titaghur paper mills [1985 supp scc280: (1985) 3 scr26 and also union of india v. godfrey philips india ltd [(1985) 4 scc369 387 :1985. supp (3) scr123 145]..47 ..... the reasoning on which it is based, is found, on that account to be demonstrably wrong. see morelle v. wakeling [(1955) 1 all er708 718-f]. . also see state of orissa v. titaghur paper mills co. ltd. [1985 supp scc280: (1985) 3 scr26 we are of the opinion that in view of the clear provisions of section 7(2) of the .....
Tag this Judgment!Court : Supreme Court of India
..... 4 scc141 bhim singh vs. state of j&k, (1985) 4 scc677m.l.a.; pudr vs. state of bihar and ors., (1987) 1 scc265 pudr vs. police commissioner, delhi, (1989) 4 scc730 saheli vs. commissioner of police, (1990) 1 scc422nilabati behara vs. state of orissa, (1993) 2 scc746 arvinder singh bagga vs.state of u.p., (1994) 6 scc585 inder singh vs ..... give rise to damages and for this he relied upon the judgments of the supreme court in d.k.basu vs. state of west bengal, (1997) 4 scc416 48. in d.k. basu vs.state of west bengal (supra) it was held that the claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the ..... meaning and were not intended to be compensatory in nature. in support of his contentions, he refers to the judgments of the supreme court in nilabati behara vs.state of orissa, 1993 (2) supreme court cases 746 and indian council for enviro legal action and others vs.union of india and others, 1996 (3) supreme court cases 212. in .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1996; kerala state commission for backward classes act, 1993; madhya pradesh rajya pichdavargadhiniyam, 1995; bihar state commission for backward classes act, 1993; assam backward classes commission act, 1993; orissa state commission for backward classes act, 1993; west bengal commission for backward classes act, 1993; j&k state commission for backward classes act, 1997; ..... those documents should come before the parliament with reasons. provision to do the same has been made in this obc commission.378. shri dilip kumar tirkey(odisha), in his speech has referred to state list and central list and stated (translated from hindi) that powers to identify obc are remained with the state ..... statutes is not admissible has been generally accepted in england, and the same rule has been observed in the construction of indian statutes see administrator-general of bengal v. prem nath mallick [22 ia107 118]. . the reason behind the rule was explained by one of us in gopalan case [1950 scr88 thus: .....
Tag this Judgment!Court : Supreme Court of India
..... 2 judges) 29. now, in this backdrop, it becomes necessary to consider the 1992 decision of a two judge bench of this court in commissioner of income tax, orissa v. dhadi sahu33 and several decisions which adverted to it. this was a case where the assessee had preferred appeals to the income tax appellate tribunal. the tribunal ..... the said suit transferred to him. (emphasis supplied) 22. the above extract indicates that the amending act did not contain a savings clause under section 8 of the bengal general clauses act 1899. despite the absence of a savings clause, the court held that the deletion of section 29 did not have the effect of altering the ..... a contrary legislative mandate. the latter principle has since been followed in the decisions in hitendra vishnu thakur(supra); sudhir g angur(supra); 35 36 ranbir yadav v. state of bihar ; kamlesh kumar v. state of jharkhand and ramesh kumar soni(supra). 35 (1995) 4 scc39236 (2013) 15 scc46043 part c c.12 ambalal sarabhai (2001- supreme court .....
Tag this Judgment!Court : Supreme Court of India
..... and scheduled tribes, in relation to the states of andhra pradesh, arunachal pradesh, assam, bihar, goa, gujarat, himachal pradesh, jharkhand, karnataka, kerala, madhya pradesh, maharashtra, manipur, mizoram, orissa, sikkim, tamil nadu, tripura, uttar pradesh and west bengal.38. the only amendment which was made with respect to schedule pertaining to maharashtra in entry ..... . the petitioner in the above case belonged to lohar community. they claimed scheduled tribe certificate. the state resisted the claim that lohar in state of bihar is recognised as other backward class and not scheduled tribe. the entry in the scheduled tribe order mentioned lohara/lohra. this court held that the question ..... community lohar came to be wrongly translated for the word lohra or lohara and shown to have been included in the second schedule, part iii, applicable to bihar state. mr. b.b. singh, therefore, is right in placing before us the original version in english and the translated version.20. accordingly, we .....
Tag this Judgment!Court : Supreme Court of India
..... and conditions, the mischief which it intended to suppress, the remedy for the disease which the legislature resolved to cure and the true reason for the remedy; bengal immunity co. ltd. v. state of bihar, 1955 2 scr603at pp. 632, 633 ( (s) air1955sc661at p.674); r.m.d. chamarbaughwala v. union of india, 1957 scr930at p. 936: ..... 2 4 4 4 n.a. 3 6 14 11.12. 13. karnataka kerala madhya pradesh orissa punjab 14. maharashtra 15.16.17.18.19.20. rajasthan tamil nadu telangana uttar pradesh 21. uttarakhand 22. west bengal the aforesaid table indicates decline in 18 states and maximum decline of 53 points was recorded in ..... 34. 35.36. chhattisgar h goa gujarat haryana himachal pradesh jammu & kashmir jharkhand karnataka kerala madhya pradesh maharashtra manipur meghalaya mizoram nagaland odisha punjab rajasthan sikkim tamil nadu telangana tripura uttarakhand uttar pradesh west bengal a & n island chandigarh d & n haveli daman & diu delhi lakshadeep puducherry 700 174 5994 2144 464 493 761 4711 1737 .....
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