Court : Allahabad
Reported in : AIR1974All1b
..... the relationship between the parties cannot be said to be purely contractual, the conditions of service being governed and regulated by law and the teacher would be entitled to a declaration or injunction as the management constituted by the university acts and the statutes made thereunder functioning as a statutory body in terminating the services of the principal or the teacher violated those provisions thus the teacher's claim being based on breach of the statute, the order of termination ..... under a written contract he will have an enforceable right entitling him to declaration of statutory in validity of any action taken against him in violation of such provisions affecting his employment and; (2) where the university act, statutes or ordinances relating to affiliation of colleges to a university require certain specified terms and conditions to be incorporated in a written contract to be jentered into between the management of the affiliated college and its teacher at the time of appointment, and nothing else remains ..... definition of the term 'status' given in the american restatement para 119 the learned author states:'a 'status' means a legal personal relationship, not temporary in its nature nor terminable at the mere will of the parties, with which third parties and the state are concerned.the legal characteristic of status is, then that it is generally not temporary nor terminable at will ..... the dock worker was recognised by the supreme court in the case of calcutta dock labour board v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)
..... be served by examining the various grounds of challenge urged against the validity of the second proclamation of emergency, particularly since clause (3) has been introduced in article 332 by the constitution (forty-fourth amendment) act, 1978 requiring that a proclamation of emergency shall not be issued by the president unless the decision of the union cabinet recommending the issue of such proclamation has been communicated to him in writing and clause (9) ..... era whose greatest need is steadfastness of thought arid purpose, this court which has been looked to as' exhibiting consistency in adjudication, and a steadiness which would hold the balance even in the face of temporary ebbs and flows of opinion, should now itself become the breeder of fresh doubt and confusion in the public mind as to the stability our institutions.here the view that article 31a is constitutionally valid ..... ali sarkar; lachmandas almja : 1952crilj1167 ; habib muhammad : 1953crilj1158 ; moopil nair : [1961]3scr77 ; jialal : [1963]2scr864 : hazi abdul shakur : [1964]8scr217 ; devi das : [1967]3scr557 ; osmania university : [1967]2scr214 ; new manek chowk : [1967]2scr679 : anandji haridas : [1968]1scr661 and haji kader kutty. ..... universally so regarded, as is evident from the universal ..... . if we look at the universal declaration of human rights adopted by the general assembly of the united nations on 18th december, 1948, we find that it contains not only rights protecting individual freedom (see articles 1 to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1974All73
..... the question which arose in these circumstances before the calcutta court was as to whether after the temporary act of 1950 was repealed instead of being allowed to expire, did it continue to remain alive for the purposes of proceedings pending at the ..... hence the only result will be that up to the original date of its expiry rights and liabilities accrued and incurred under the temporary act before ;the repeal would be continued to be enforced and proceedings in regard to them would be permitted to be taken in spite ..... 'statute law' sixth edition, at pace 408 has dealt with this topic and has remarked:-- 'as a general rule, and unless it contains some special provision to the contrary, after a temporary act has expired, no proceedings can be taken upon it and it ceases to have any further effect.' 13. ..... the calcutta court, dealing with this controversy, laid down the law in the following words :-- 'from the above it must be clear that-where the repealed act is a permanent act, the effect of section 8 of the bengal general clauses act is to restore it for the purposes specified, as such act, unless the repealing act shows a contrary intention; and upon such restoration of the act the rights and, liabilities accrue and incurred under it before the ..... it admits of no doubt in the case of a temporary statute the provisions of section 6 of the general clauses act are not applicable as this section does not deal with the repeal of temporary statutes, and deals only with permanent statutes. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC114; 1994(4)SCALE613; (1995)1SCC104; [1994]Supp4SCR539
..... statutory discrimination, it is contended, places persons like the appellant at the mercy of the landlords who can easily evict them by recourse to the far less restrictive provisions of the transfer of property act, 1882 and on the strength of their agreements of lease.counsel for the appellant submits that the impugned clause does not take into account the nature of the building, but only the income ..... recommendations as also the fact that with the passage of time, the circumstances have also changed, necessitating a fresh look at the tenant-landlord relationship, the amendment of delhi rent control act, 1958 has been proposed with the following objects:(a) to rationalise the present rent control law by bringing about a balance between the interests of landlords and tenants. ..... prior to the amendment of section 1(3) by the amending act of 1978, the provision as it originally stood cannot be said to have conferred any vested right ..... , a bench consisting of five judges of this court upheld a notification issued by the regional transport authority, calcutta region, fixing lower tariff for smaller taxis. ..... by a number of legislations like punjab urban rent restriction act, 1941 which was extended to delhi, delhi control ordinance 1944, delhi and ajmer, bhilwara control act, delhi tenants (temporary protection) act, 1956. ..... in these days of universal, day to day escalation of rentals any ceiling such as that imposed by section 30(ii) in 1973 can only be considered to be totally artificial .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... limitation on such-legislative power had to be found within the constitution itself and if there was no such fetter or limitation to be found there, the state legislature had full competence to enact the impugned act no matter whether such enactment was contrary to the guarantee given, or the obligation undertaken by the dominion government or the province of bombay or even the state of bombay.the petitioners would have a legitimate ..... the constitution, if the law is for giving effect to the policy of the state towards securing all or any of the principles laid down in part iv of the constitution.section 55 of the constitution (forty-second amendment) act, 1976, which came into force with effect from january 3, 1977 inserted sub-sections (4) and (5) in article 368 which read thus:'no amendment of this constitution (including the provisions of part 111) made or purporting to ..... constitution of india' (12th edition) states,'after the amendments made by the 44th amendment act, 1978, nobody shall have any right to compensation under the constitution, unless the law which ..... it was held that the recognition of the status of the rulers and their rights was not a temporary measure and was not liable to be varied or repudiated in accordance with 'state policy'. ..... the provisions of chapter iii of the karnataka land reforms act are outside the legislative competence of the state legislature.in calcutta gas company (proprietory) ltd. v. ..... , right to universal suffrage, right to democratic form of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT433
..... cooper's case (6 supra) clause (4) of article 123 as well as clause (4) of article 213 of the constitution were inserted by enacting 38th amendment act 1975 to expressly provide that the 'satisfaction' of the president or of the governor, as the case may be, shall not be questionable in any court on any ground but the said clause (4) in both the articles has been deleted by 44th amendment act 1978 so as to leave the field in the same position as it was on the date of the decision in r.c. ..... it may be made clear at this juncture that the case on hand is not one of supersession of the committee and, therefore, we may not be required to go into that aspect of the problem in so far as section 34 of the act is concerned because this is a case where the term of the committee is deemed to have come to an end under the impugned ordinance no. ..... it would not be out of place to mention here that ordinances are supposed to be temporary measures and if we examine the etymological and dictionary meaning of the word 'ordinance', it comes to light that the word is derived from the latin word 'ordo' which means something which is uncommon in an unusual or extraordinary manner ..... we have referred to the fact that one of the deputy registrars of co-operative societies appointed about 18 officials to be temporary persons-in-charge of 121 primary co-operative societies in nuzvid, krishna district. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All404
..... 603 (2) iii (2) and is as follows:'in exercise of the powers conferred by sub-section (1) of section 3 of the essential supplies (temporary powers) act, 1946 (xxiv [24] of 1946), the central government is pleased to direct that no order made or deemed to be made under the said act by a provincial government shall have effect so as to prohibit or restrict the movement of edible oilseeds or oils other than cocoanut oil from any place in a province to any other place within or outside the province, or ..... 603 (2), dated 21-10-1946, which continued in force by reason of the provisions of section 17, essential supplies act, was passed with the concurrence of the government of india as required by the act and was as follows:'in exercise of the powers conferred by section 4 of the essential supplies (temporary powers) ordinance, 1946 (xviii [18] of 1946) the central government is pleased to direct that the powers conferred on it by sub-section (1) of section 3 of the aforesaid ordinance to provide for the ..... rule made thereunder or any order made under any such rule, or(c) any penalty, forfeiture or punishment incurred in respect of any contravention of any rule made under this act or of any order made under any such rule, or(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, foreiture or punishment as aforesaid; and any ..... this was in supersession of two previous orders, the united provinces oilseeds and oil control .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
..... speaking for the unanimous constitution bench, that decided first minerva mills case prior to constitution 44th amendment act, 1978, considered the constitutionality of the first constitution amendment act, 1951 introducing article 31-a and article 31-b traced the history of land tenures, the debates in the constituent assembly, need for the agrarian reforms and stated that in our predominantly agricultural society, there is a strong linkage ..... vest 'in and with all rights over the same or appurtenant thereto be the property of the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.sub-section 4 says that :any occupant, whose rights to mines, minerals or quarries in any land, existing immediately before 1st ..... even agreeing with the contention that after the constitution forty-fourth amendment act, 1978, which had come into force from june 19, 1979, the right to property engrafted in chapter iv, part 17, namely article 300a that the appellants are entitled to its protection, whether section 69a is unconstitutional? ..... though the right to property lost its protective armour as fundamental right after constitution's 44th amendment act, 1978, it was resurrected under article 300a as constitutional right. ..... the question, therefore, is whether right to property is a basic structure, after constitution 44th amendment act, 1978. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR1171; 1992(3)KarLJ320
..... in this case an attempt has been made to bring himself under the protection afforded under section 16(1) of the essential supplies (temporary powers) act, 'xxiv' of 1946', which provides, that no suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any order made ..... of the treasury, when not given in accordance with the law, afford a justification to the collector of the customs, or exonerate him from the payment of adequate damages for an injury resulting from his illegal acts took the view that these instructions were no justification to the defendant and that the illegal acts, though they be done in good faith would not exempt him giving compensatory damages. ..... the american laws is that a mere reliance on an order of a superior officer cannot exempt an officer like the second defendant from liability in respect of a tort committed as in the present case, so long as the commission of the act is not supported by any lawful order, on which he could rely. ..... a statutory order, made under the provisions of section 3 of the essential commodities act; the procedure for making an order under section 3 of the said act is quite different; from issuing an executive direction. ..... analogy of sales tax and income-tax acts was suggested wherein advance tax collection ..... by virtue of section 3 of the essential commodities act, karnataka procurement (levy) order 1984 was promulgated; (herein referred to as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD816
..... jagannadha rao (as his lordship then was) considered the question as to whether determination of a contractual tenancy by notice to quit under section 106 of the transfer of property act, 1882, or passing of a decree for eviction by civil court during the ten year period of exemption becomes null and void if during the pendency of the suit before the trial court or court of appeal, the said ..... in the said judgment it was held that after the building is acquired by the government of india under section 269-f(6) of the income tax act, 1961, the property shall absolutely vest in the central government free from all encumbrances and other parson in occupation of the building shall deliver possession thereof. ..... no hard and fast rule can be laid down, nor can any universally applicable, formula, be evolved in the matter of apportionment between the owner and the tenant. ..... after perusing all the judgments cited by the learned counsel for the petitioner and also the provisions of the rent act and after giving anxious consideration to the issues raised, this court is of the considered opinion that the writ petition is liable to be dismissed in limini. ..... happy homes ltd, : [1968]2scr20 , the supreme court considered the right of a tenant under west bengal premises rent control (temporary provisions) act, 1950. ..... in calcutta credit corporation v. ..... spl.tahsildar, 1978 (2) aplj 269, big mosque by mutavalli, guntur v. j. .....
Tag this Judgment!