Court : Supreme Court of India
Reported in : 2007(1)AWC98(SC); [2007(2)JCR27(SC)]; 2006(10)SCALE472; (2006)10SCC587
..... learned senior counsel appearing for the appellant contends that after the coming into force of the official languages act, 1963 the hindi version was the authoritative text and in the case of ambiguity between hindi and english versions, the hindi version would prevail. ..... by operation of sub-article (3) thereof with a non obstante clauses, where the legislature of a state has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the english language published ..... from the conjoint reading of article 348 of the constitution and sections 3 and 5 of the official languages act, 1963, english continues to remain the authoritative text in respect of the acts of parliament.15. ..... the official languages act, 1963 vide section 3 thereof provides for continuance of english language for official purposes of union and for use in parliament. ..... after the kaka kalelkar commission report, the scheduled castes and scheduled tribes order (amendment) act, 1956 was enacted which was brought into force with effect from 25.09.1956 and for bihar, entry 20 was substituted to read as 'lohara' or 'lohra'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC414; 2007(2)ALLMR(SC)879; 136(2007)DLT297(SC); 2006(12)SCALE446; 2006AIRSCW6320
..... terms and conditions of transfer; they wrote letters in which details of the occupants were sought; the annual report of dtc also indicates decision to transfer and, therefore, it was incumbent on dtc to act on promise/representation made to the appellants who had altered their position to their prejudice by not resorting to strike, maintaining industrial peace, not applying for alternate accommodation and by not availing of any other scheme ..... counsel pointed out that the suit was filed under section 34 of the specific relief act, 1963 in which there was no prayer for an industrial relief directing dtc to transfer the ..... to carry out the promise the court would have to balance the public interest in the government's carrying out the promise made to the citizens, which helps citizens to act upon and alter their position and the public interest likely to suffer if the promises were required to be carried out by the government and determine which way the equity lies ..... on balancing of equities we are of the view that dtc which is a public sector undertaking had to act in public interest in the sense that had to keep the transport service running for which they had to accommodate in-service industrial workers which they could not have done if it had ..... on 28.10.1978 a settlement was signed under industrial disputes act between dtc and the union of workers under which dtc was given six months time to take decision on the workers' demand for transferring of ..... under section 34 of the 1963 act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC900; 2007(3)ALLMR(SC)371; [2007(2)JCR236(SC)]; 2006(13)SCALE328
..... under section 38 of the specific relief act, 1963 an injunction restraining disturbance of possession will not be granted in favour of the plaintiff who is not found to be in possession. ..... zamindari abolition and land reforms act, 1950; and that their cattle, palanis and troughs etc. ..... he is in possession, and that his possession is being threatened by the defendant, the plaintiff is entitled to sue for mere injunction without adding a prayer for declaration of his rights [see: mulla's indian contract and specific relief acts, 12th edn. .....
Tag this Judgment!Court : Delhi
Reported in : 2003VAD(Delhi)517; AIR2003Delhi410; 2003(69)DRJ677
..... it is pleaded that the suit itself is barred by section 14(1) of the specific relief act, 1963 as the contract between the parties is not specifically enforceable. ..... section 41(e) of the specific relief act, 1963 (for short 'the act') provides that no injunction can be granted to prevent the breach of a contract the performance of which would not be specifically enforceable. ..... this, however, is subject to an exception, as provided in section 42 that where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement.' 14. ..... learned single judge dismissing the same, it was held:- 'the effect of breach of a contract by a party seeking to specifically enforce the contract under the indian law is enshrined in section 16(c) read with section 41(e) of the specific relief act, 1963. ..... there is, of course, an exception to this, contained in section 42 of the act, which lays down that where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR713; (1990)92BOMLR474; 1991(1)MhLj231
..... under section 42, however, notwithstanding anything contained in clause (e) of section 41 where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it form granting an injunction to perform the negative agreement, provided that the plaintiff has not failed ..... air1966guj189 a division bench of the gujarat high court also held that the court has a discretion to grant an injunction restraining the breach of a negative stipulation in a contract of personal service under section 42 of the specific relief act, 1963. ..... section 41(e) of the specific relief act provides that an injunction cannot be granted to prevent the breach of a contract the performance of which would not ..... that illustrations (c) and (d) to section 57 of the specific relief act in terms recognise such contracts and the existence of a negative covenant therein ; and therefore the contention that the existence of a negative covenant in a service agreement makes the agreement void on the ground it was in restraint of trade and contrary to section 27 of the contract act has no validity. ..... well settle that a restraint by which a person binds himself during the period of contract from not taking services with any other employer is not in restraint of trade and is not hit by section 27 of the contract act.5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC10; 1989(43)ELT790(SC); [1989(59)FLR631]; JT1989(3)SC530; 1989(2)SCALE510; (1989)4SCC582; [1989]Supp1SCR43; (1990)1UPLBEC74
..... why should not that which would have been regarded as still pending for present purposes, if all had been done after the constitution, be construed in any different way when the final act, which is the decisive one for these purposes, was done after it ?the problem in mohammad nook's case, therefore, was different from what was for consideration in goel's case.11. ..... vice versa : [1969]3scr203 , it must be held that article 113 of the act of 1963, corresponding to article 120 of the old act, is a general one and would apply to suits to which no other article in the schedule applies.6 ..... below on acceptance of the defence plea that it had not been filed within three year form the date when the cause of action first arose, as required under article 58 of the first schedule of the limitation act, 1963.3. ..... the civil court's jurisdiction has been taken away by the act and therefore as far as government servants are concerned, article 58 may not be evocablein view of the special limitation ..... he had only brought the suit within the period prescribed by section 326 of the act, he might possibly have got some relief from the court. ..... tribunals have been set up for government servants of the center and several states have already set up such tribunals under the act for the employees of the respective states. ..... this background if the original order of punishment is taken as the date when cause of action first accrues for purposes of article 58 of the limitation act, great hardship is bound to result. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC867; 1989(1)SCALE511; 1989Supp(1)SCC656; [1989]1SCR848; 1989(1)LC721(SC); 1989(2)WLN1
..... government of india, this will not fall within the ambit of the definition of 'land' in section 2f, consequently it could not be said to be an estate as defined in section 2b and as such by application of this act this could not vest in the state government and in this view it was contended that the judgment delivered by the division bench has omitted to decide this question and for no reason felt that let ..... high court of rajasthan in the appeals is set aside and it is held that no action under the provisions of rajasthan land reforms and acquisition of landowners' estate act, 1963 could be taken against the appellants and all notices or actions taken are hereby quashed. ..... shri gaj singh after 19th august, 1971 they will be void whereas learned counsel for the appellants contended that this act was enacted in contemplation of the rajasthan urban property ceiling act which was to be enacted and it was for the purpose of that act section 3(2) of this act was enacted to restrict transfer of urban property but it did not declare transfer to be void but said that ..... removed, and, therefore, we are unable to accept the contention of the learned government advocate.it is apparent that this section prohibiting transfers was enacted keeping in view the act on ceiling in contemplation and that is why as indicated earlier section 3(2) did not provide that the transfer will be invalid but it only provided that inspite of the transfer the property ..... land-owners estate act, 1963 was brought into .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1250; JT1988(2)SC505; 1988(2)KLT37(SC); 1988(1)SCALE1165; 1988Supp(1)SCC394; [1988]3SCR879; [1988]70STC107(SC)
..... the said company in respect of the transactions in question, there were two sales which must be deemed to have taken place in respect of each of the transactions for the purposes of the said act; one from the said company to the appellant and the other from the appellant to the respective consumer; and that the sale from the said company to the appellant was liable to be included in ..... of the assessee for the period 1967-68 under the kerala general sales tax act, 1963, the final assessment was initially completed on 27th september, 1968 and a turnover ..... learned counsel for the appellant also drew our attention to a passage in pollack & mulla's commentary on the sale of goods and partnership acts (4th edition at page 114) where the learned authors have cited with approval the statement of lord justice cotton to the effect that when the vendor on shipment takes the bill ..... appeal against a judgment of a division bench of the high court of kerala under the provisions of the kerala general sales tax act, 1963 and tax reference case no. ..... was urged by learned counsel for the respondent, in the alternative, that, although sub-section 21 of section 2 of the kerala general sales tax act defines sale in a manner similar to the definition of the said term under the sale of goods act, explanation 5 to sub-section 21 of section 2 provides that two independent sales or purchases shall, for the purposes of that act, be deemed to have taken place in the circumstances set out in that explanation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC75; 1995(1)BLJR106; (1995)109PLR241; 1994(4)SCALE143; (1994)6SCC585; [1994]Supp3SCR95; 1995(1)LC44(SC)
..... he filed the suit for possession of the plaint schedule proportion within 12 years under article 65 of the schedule to the limitation act, 1963, act 21 of 1963 (for short 'the act'). ..... 6 elongates the right and enlarges the limitation and entitles the minor, insane or idiot to institute the suit or make the application within the same period prescribed in the third column of the schedule to the act, after the disability to which the minor, the insane or the idiot has been subjected to, ceased. ..... but unfortunately, the attention of the high court was not drawn to section 8 of the act which laid down to its contra conclusion.6. ..... a conjoint reading of sections 6(1) and 8 of the act shows that where a person is entitled to institute a suit, the limitation begins to run for a minor or insane, or an idiot to institute the suit be within the same period after the disability has ceased as would otherwise have ..... section 3 of the act posits that the period of limitation applicable to a suit or other proceedings, if the period prescribed in the schedule gets expired, the suit or application becomes barred by limitation though the right may subsist. ..... however, section 3 says that in particular circumstances, the limitation gets modified by the provisions of sections 4 to 24 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC771; 2002(2)ALT14(SC); 2002(4)AWC2364(SC); JT2002(5)SC5; (2002)2MLJ99(SC); 2002(1)SCALE447; (2002)2SCC686; [2002]1SCR586
..... subsequent to the passing of the decree the judgment-debtor had moved an application under section 28 of the specific relief act, 1963 to have the contract rescinded for failure of the decree-holder to comply with his obligations under the decree specially the ..... so far as the plea as to readiness and willingness by reference to clause (c) of section 16 of the specific relief act, 1963 is concerned, the pleadings are there as they were and the question of improving upon the pleadings does not arise in as much as neither any of the parties made a prayer ..... it was expressly agreed upon between the parties that it the requisite exemption or permission under the urban land (ceiling and regulation) act, 1976 ('ulcra', for short) was not forthcoming by 30th june, 1988 or within such extended period as may be mutually agreed to, then the contract was to become inoperative and ..... trial court were very much alive to the issue whether section 16(c) of the specific relief act was complied with or not and the contentions advanced by the parties in this regard were also ..... of rule 23a in order 41 of the code of civil procedure by cpc amendment act 1976, there were only two provisions contemplating remand by a court of appeal in order ..... proceedings under sick industrial companies (special provisions) act, 1985 were initiated and the board of industrial and financial reconstruction ('bifr', for by its order dated 14.10.1996 declared the respondent-company as a sick company directing the promoters to .....
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