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In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... this responsibility cast on the government coupled with the unintended income that has come into its hands (which would have gone into the hands of the devaswoms but for the vesting under act 26 of 1971) would enable this court to hold that the state has been constituted a trustee for the income from these forest lands with an obligation to spend the same for the ..... court observed that the principle functionary to undertake the community workship is the imam and the objective and purpose of every mosque being community worship and it being the obligation of the board under the act to ensure that the objective of the wakf is carried on, the board cannot escape from its responsibilities for proper maintenance of religious service in the mosque, mosques are wakfs and are required to ..... the result is that when a special legislation can be brought for the management of the guruvayoor temple and its properties which also had been under thepurview of the hindu religious endowments act, ther is no legal bar in bringing a legislation on similar lines for the management of all the remaining temples in malabar which are under the administration and governance of the department as well as all ..... case (air 1985 kerala 160) (supra) the full bench held sections 3 and 4 of the guruvayoor devaswom act, 1978 to be not violative of article 26 of the constitution of india. ..... section by section of the guruvayoor devaswom act, 1978 and struck down only section 32 of the act and a portion of section 33. .....

Sankar Lal Shaw and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1988)2CALLT228(HC)

..... 17, girish avenue, calcutta, passed under section 3 of the west bengal premises requisition and control (temporary provision) act, 1947 (act v of 1947) (hereinafter referred to as the 1947 act), whereupon this court issued a rule and granted injunction in terms ..... writ petition in this court for a decade, two applications for amendment of the writ petition were filed, one on august 25, 1978 whereby paragraphs 22a, 22b, 22c and corresponding grounds (j), (k), (1) and (m) were taken and the said application was allowed by ..... both obtained foreign degrees from foreign university and are at present staying in ..... shyampukur is of a permanent or perennial nature and character' and such need cannot be fulfilled by taking recourse to the 'order of requisition', passed under the provisions of the west bengal premises requisition and control (temporary provision) act, 1947, and the respondents in fact have committed fraud upon the statute by passing the order of requisition, and on this ground alone, the writ, petition is entitled to succeed, and necessary directions may ..... character and where the government has also the power and the opportunity to acquire the property or a part thereof especially upon the fulfilment of the conditions of section 49(1) of the land acquisition act (as amended by the west bengal act 32 of 1955) to the extent applicable, if the government chooses not to exercise that power nor attempts to exercise that power to achieve its purpose, then that would be bad not because .....

Arun Kumar Nigam Vs Dig. Genl. Central Industry Security Fores and ors ...

Court : Delhi

..... duty, or unfit for the same; or(ii) award any one or more of the following punishments to any [enrolled member] of the force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely :-(a) fine to any amount not exceeding seven days pay or reduction in pay scale;(b) drill, extra guard, fatigue or other duty; (c) removal from any ..... being a member of the cisf, who was sent on deputation to delhi police, was subject to the same responsibilities, discipline and penalties as would have been applicable to him under the cisf act, 1968, even while on deputation and that his alleged misconduct could not have been enquired into by the delhi police, much less by invoking the provisions of the delhi police (punishment and appeal ..... the relevant provisions thereof read as under:- delhi police act, 1978 :-2(g) "delhi police" or "police force" means the police force referred to in section 3 and includes- (i) all persons appointed as special police officers under sub-section (1) of section 17 and additional police ..... the delinquent employee depends upon the facts and circumstances of each case and no rule of universal application can be laid down" (para 44).83. ..... of a person appointed temporarily or in an officiating capacity against temporary or permanent post of a police of subordinate rank. ..... july, 1989 by way of an appeal dated 25th august, 1989 to the deputy inspector general of the cisf, eastern zone, calcutta. .....

Shri Krishna Sharma Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1954Cal591,58CWN659

..... , it would appear, was issued in exercise of the power conferred by subsection (1) of section 3, essential supplies (temporary powers) act 1946 (24 of 1946) and notification of the government of india in the department of food no. ..... set at liberty forthwith.thereupon on 4-10-1953 both mahabir prasad periwal and cajanand periwal were released from darjeeling jail, but they were immediately served with fresh orders under the preventive detention act of 1950 by the district magistrate of darjeeling, who happens to be the same officer as the deputy commissioner of darjeeling who had passed the previous detention orders. ..... 3-11-1945, issued by the government of india in exercise of the powers conferred by sub-rule (3) of rule 84 of the defence of india rules and in supersession of the previous notification as mentioned therein. ..... it has been contended on behalf of the detenus that section 3(1)(a)(iii), preventive detention act, empowering the central government or the state government to detain a person with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies and services essential to the community is ultra vires and 'a fortiori' the corresponding power as conferred on the district magistrates, additional district magistrates ..... (f) to the effect -- 'because between her majesty and one of her subjects there can be no such thing as an act of state' was referred to with approval.in 'cases in constitutional law' by keir & lawson (3rd edn.) at p .....

ElgIn Properties and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1983Cal61

..... state of west bengal reported in : air1981cal130 another division bench of this court proceeded on similar basis and held that the respondent authority had acted illegally in dispossessing the appellants from the premises in question, and directed possession to be restored to the appellants on the ground of non-service of the order of requisition upon ..... we further hold that the order of requisition not having been served on elgin properties in accordance with the provision of section 3(2) of the act of 1947 the same could not be given effect to and the steps taken in aid thereof were all illegal, bad and invalid and remained inoperative and ..... a premises the various advantages and obligations to which the landlord and the tenant are subjected under the said act in respect of tenancies governed by the said act would not apply in the event of requisition of such premises by the government no tenant pays or is liable to pay rent to his landlord by virtue of the provisions of the west bengal premises tenancy act, 1956, but such obligation is under a contract between the two independently of the said ..... dated 17th april, 1980 issued by the state of west bengal in exercise of powers conferred by sub-section (1) of section 3 of the west bengal premises requisition and control (temporary provisions) act, 1947 (hereinafter referred to as the said act). ..... 1b, ashutosh mukherjee road, calcutta together with a descriptive plan of the rooms recommended for requisition ..... in : [1978]1scr641 . ..... 1978 .....

Alok Kumar Ghosal and ors., Nidhan Mondal, Anuradha Mitra (Ghosh), Bin ...

Court : Kolkata

Reported in : (2001)1CALLT535(HC)

..... sinha was empanelled in the panel for commerce in june 1990 after interview on 12th december, 1989 and his position in the panel was 70(b) for calcutta university, 40 for burdwan university, 31 for north bengal university, 26 for vidyasagar university and 39 for kalyani university. ..... it is obligatory that appointment under section 9 of the west bengal college service commission act, 1978 that appointments to the posts of teachers of a college shall be made on the recommendation of the ..... it is the contention of the learned advocate for the petitioners that they have been working continuously for 5 years or more, in respective temporary part time posts against permanent vacancies, to be filled up as per statute, through candidates sponsored by the commission, from amongst the panel prepared ..... it has been argued on behalf of the petitioners that the petitioners who were appointed on a part time temporary basis, having all requisitequalifications for being eligible to the permanent post of lecturer appointment, appeared before the college service commission and were successful and there names were empanelled for the ..... submitted on behalf of the commission that the petitioner has been working as part-time lecturer in philosophy purely on temporary basis in jatindra rajendra mahavldyalaya in the district of murshidabad by the appointment letter dated 20.4.87. ..... their employment from 4th july, 1994to 31st december, 1994 in the temporary post of part time lecturer in the department of bengali. .....

Jaskaran Singh Brar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)

..... 6 thereof stood relaxed by the council of ministers for which the state government is competent to do so under rule 14 of these rules ; (vi) the notification dated january 23, 2004 is well protected by section 2 of the police act, 1870 ; (vii) the allegation of treating unequals as equals is legally misconceived ; (viii) no material irregularity has been committed by the non publication of the advertisement in newspapers having all india circulation ; (ix) two respondents, respondent ..... above, we have already emphatically held that the criteria of 'outstanding sports person' laid down in the notification dated january 23, 2004 (annexure r-1) is capable of complete misuse and can act as a tool in the hands of the selecting authority to eliminate the claims of a genuine sports persons likely in the case in hand, it has already diluted the ..... posts. the notification dated january 23, 2004 (annexure r-1) is crystal clear that the newly created posts are temporary in nature and the same not having been created as permanent posts, the question of confirming these dsps, does not arise in our view, the expression 'ex-cadre' has ..... . if applications are invited before the results of the university examinations have been notified, candidates appearing, or who have appeared in the bachelor of arts or equivalent ..... administration of gurvayoor, enacted the gurvayoor act, 1978 ..... in the cbi at calcutta at the relevant ..... . chief justice of calcutta high court, air 1956 sc 285 and (ii) a division bench judgment of .....

S.N. Bhattacharjee (Landlord) Dead and in His Place M.M. Chakravarti O ...

Court : Kolkata

Reported in : AIR1961Cal432,65CWN315

..... landlord's) present application for standardisation of rent under inter alia section 9 (1) (a), read with schedule a as part of it by reference, the rent was standardised under the very same act, namely, the rent control act of 1950, --and, indeed, the very same section, -- on the ten-ant's prior application, and, accordingly, --, and under and in view of the said ..... no difficulty, as it ends or terminates as soon as the said period of three years, counted from the aforesaid starting point, expires, but the difficulty arises, when this date of expiry falls to be correlated to the act, that is, to its relevant part, or to the two expressions 'has elapsed' and 'elapses' in schedule a aforesaid, or, when it falls to be viewed in relation or with reference to the same. ..... 942 of 1955) should succeed and, in supersession of the orders of the two tribunals below ..... party, but the landlord petitioner claimed further increase of rent by reason of (i) en-hancement of municipal taxes, and (ii) on account of his having had to pay betterment fee to the calcutta improvement trust for, inter alia, the disputed premises. ..... petitioners before the rent controller on or about 21st april, 1952, under section 9 (1) (a), read with the aforesaid paragraph 3(b) of schedule a of the west bengal premises rent control (temporary provisions) act, 1950, and, also, on the ground of increase of corporation taxes under section 9 (1) (c) of the said act. ..... the whole universe of discourse with regard to that case is .....

Nemai Chandra Kumar (d) Thr. Lrs. And Ors. Vs. Mani Square Ltd

Court : Supreme Court of India

..... . the legislature duly took note of the requirements of giving protection to thika tenants and bharatias against ejectment and thus, the calcutta thika tenancy stay of proceedings (temporary provisions) act, 50 1978, was enacted, whose life was extended upto 18.07.1981 ..... in order to give some protection to the thika tenants and bharatias against ejectment, the calcutta thika tenancy stay of proceedings (temporary provisions) act, 1978 was enacted. ..... . as specified in the statement of objects and reasons for the act of 1981, the object of the said act of 1978 was to provide temporary protection against ejectment until a comprehensive legislation was enacted to deal with the public grievances. 24.1 ..... . 5, we are inclined to hold that although the impugned act is essentially a piece of legislation for vesting of thika tenancy lands and temporary or kutcha structures thereon and for regulation of such lands and structures and the title of the act and the provision for repealing the calcutta thika tenancy act, 1949 also conform to such intention and purpose of the impugned legislation, khatal lands held on lease even if such lands do not comprise thika tenancy within .....

The Director of Public Instruction, West Bengal Vs. Dr. Krishna Prasad ...

Court : Kolkata

Reported in : (2000)2CALLT141(HC)

..... in 1998(2) chn 241, this court upon taking into consideration the provisions of sections 7 & 8 of the 1978 act as also the provision of clause 101-a of the calcutta university first statute, inter alia, held :-1. ..... section 101-a of the calcutta university first statutes, 1979 clearly states that appointment of teachers of college, whole-time or part-time including principals, of affiliated colleges other than government colleges shall be made in accordance with the provisions of the west bengal college service commission act, 1978 and the rules made thereunder. ..... is further not in dispute that the post of principal has to be filled up in terms of provision of the college service commission act as also the statute framed under the calcutta university act and no such procedure had been followed in the case of the writ petitioner.4. mr. ..... counsel contends that the provision of section 7 of the college service commission act, 1978, keeping in view the definition of 'principal' as contained in 1975 act shall not stand as a bar.6. ..... of the state of west bengal further enacted the west bengal college service commission act, 1978 (hereinafter referred to andcalled for the sake of brevity as the 1978 act). ..... has also been taken in the calcutta trammays company (1978) limited & ors. v. ..... perusal of the clause (ii) of proviso appended to section 7(1) would clearly show that although the writ petitioner was a teacher, the 1978 act postulates a different procedure for appointment of a principal. .....