Court : Andhra Pradesh
Decided on : Oct-13-2015
..... to prevent challenge on the ground that the decision is ultra vires and being a complete nullity, it is not a decision within the meaning of the act. the concept of jurisdiction has acquired "new dimensions". the original or pure theory of jurisdiction means, "the authority to decide", and it is determinable ..... the decision rendered ultra-vires or a nullity or one without jurisdiction? if the decision is without jurisdiction, notwithstanding the provisions for obtaining reliefs contained in the act and the "ouster clauses", the jurisdiction of the ordinary court is not excluded. so, the matter assumes significance. since the landmark decision in anisminic ltd. ..... divisional officer, secunderabad, filed l.g.c. no.10 of 1990 against the present writ petitioner under the andhra pradesh land grabbing (prohibition) act, 1982 (for short, the act') alleging that the writ petitioner unauthorisedly occupied an extent of 1692 square yards in sy.no.43 of bholakpur village, secunderabad and constructed a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2015
..... . as already mentioned, the working of the judiciary has affected the executive and legislature on several occasions, including (by way of illustration) privy purses case[792]., bank nationalisation case[793]., freedom of press case[794]., kesavananda bharati case (supra), indira gandhi case (supra), minerva mills case (supra), l. chandrakumar case (supra), m. nagaraj ..... an institution leaves such motions, even though they be addressed to it, to the decision of the individual justices to whom they refer, see jewell ridge coal corp. v. mine workers, 325 u.s. 897 (1945) (denial of petition for rehearing) (jackson, j., concurring), i shall treat the motion as addressed to me ..... way of additional propositions, inter alia submitted as follows: 3 looking at the scheme of the 99th amendment and the national judicial commission appointments act, 2014 (njac act), the scheme evolved provides for the constitution of a 6 member commission and under article 124-c, for the procedure to be provided under a .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-2015
..... preempt the sale deeds in favour of the defendant by asserting their rights as a co-sharer, under section 15(1)(b), fourthly, of the punjab preemption act, 1913 (punjab act 1 of 1913), as by an earlier sale in their favour, by harinder singh co-sharer, they had become co-sharers in the land sold by ajmer ..... digest, wherein it has been stated: if a man once determines his election, it shall be determined forever. ? xxx xxx xxx 49. in kok hoong v. leong cheong kweng mines ltd. [1964 ac 993 : (1964) 2 wlr 150 : (1964) 1 all er 300 (pc)] the privy council held that: (ac p. 1018) a litigant may be ..... examine the property to suggest manner of division. (ref : shub karan bubna, para 18.2) (v) consequential division by metes and bounds is a ministerial or administrative act requiring physical inspection, measurements, calculations and consideration of various permutations/ combinations/alternatives of division which is referred to the collector/local commissioner under order xxvi. this duty in the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-23-2015
..... magnier filed an indian patent application for registration of an invention entitled method and device for preventing/protecting electrical transformer against explosion and fire ? under the patents act. on 13th december 1996, magnier licensed this patent, then yet under process, to sergi (france). on 14th december 2002, magnier obtained patent no.189089 ..... and persuasive expert opinion (strix ltd v maharaja appliances ltd., mipr 2010 (1) 0181 (del), per s. muralidhar j.).section 3 of the patents act tells us what are not inventions, and among the various categories listed is this: section 3 ” what are not inventions the following are not inventions within ..... magnier filed an indian patent application for registration of an invention entitled method and device for preventing/protecting electrical transformer against explosion and fire ? under the patents act. this was then licensed to sergi. 7.2 on 14th december 2002, sergi obtained patent no.189089 in respect of this application. (vol. a, .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-30-2015
..... airlines at different airports in the country. the ground-handling service is subject to security clearance from the central government. section 5 of the aircraft act, 1934 empowers the government to make rules providing for licensing, inspection and regulation of aerodromes and, thus, the aircraft rules, 1937 have been framed ..... corrective measures in the interest of security, sovereignty and integrity of india, public order, decency, morality etc. then, there is an amendment vide act 2 of 2003 and that took care of several aspects, particularly the interest of the subscribers. the subscribers also should not access such networks and ..... alleged that the government decided to introduce digital addressable system (das) in place of conditional access system (cas). that is how the cable television networks (regulation) act, 1995, underwent sweeping changes. vide notification dated 28th april, 2012, the cable television networks rules, 1994 were also amended and it was made mandatory for .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-30-2015
..... official. they deal with printing or engraving matter known to be defamatory or sale of printed or engraved substance containing defamatory matter. thus, this is an act coming under the purview of defamation, for which punishment is prescribed. none of the family members of the victim or anybody on her behalf has alleged ..... of public, the petitioner had on numerous occasions, invited the wrath and anger of police officials, particularly of kharghar police station. whenever their misdeeds and illegal acts were exposed by the petitioner, these police officials ganged up against him. they were framing him in false cases only to teach him a lesson. in these ..... a little easily. however, the complainant states that he was apprehending further false complaints and harassment and that is how the offences punishable under the scst act have been committed. the complainant also alleges obstruction or interference in public duty of the complainant, who is a public servant. it is further alleged that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-2015
..... case, evidence collected and other incidental facts before according sanction. a grant of sanction is not an idle formality but a solemn and sacrosanct act which removes the umbrella of protection of government servants against frivolous prosecutions and the aforesaid requirements must therefore, be strictly complied with before any ..... also quoted with approval, especially the categorisation of situations in three scenarios, as under: a) decision which held that sanction was necessary when the act complained of attached to the official character of the person doing it; b) judgments which held that sanction was necessary in all cases in which ..... judgment which are briefly stated hereunder: the indian council of medical research (hereinafter referred to as icmr ), a registered society under the societies registration act, 1860 is a premier research institute dealing with the formulation, coordination and promotion of bio-medical research. its functional object is to initiate, aid develop .....
Tag this Judgment!Court : Delhi
Decided on : Nov-23-2015
..... back and not play truant or for that matter play possum. as we have noticed, he has been able to do such adventurous acts as he has the embedded conviction that he will not be taken to task because an application under section 156(3) cr.p. ..... it was observed by the hon'ble apex court that with a view to make a director of a company vicariously liable for the acts of the company, it was obligatory on the part of the complainant to make specific allegations as are required in law. in ..... vice-president, neither the loan was taken, nor the default was made, nor any action under the sarfaesi act was taken. however, the action under the sarfaesi act was taken on the second time at the instance of the present appellant no.1. we are only stating ..... made out. it is also to be noted that when a borrower of the financial institution covered under the sarfaesi act, invokes the jurisdiction under section 156(3) cr.p.c. and also there is a separate procedure under the recovery of debts .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-2015
..... ) only saves as penalty, for the forfeiture or punishment incurred in respect of any offence committed. 32. similarly, in section 6(e) of the aforesaid act, it is not every investigation or legal proceedings which is saved rather investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability ..... ..........the submission is that in view of clause(c), (d) and (e) of sub-section(1) of section 8 of the bengal general clauses act, 1899 which provide that if any law is repealed then unless a different intention appears, the repeal shall not affect any liability incurred under any enactment so ..... order dated 05.07.2011 was substituted providing that deemed cognizance has been taken under section 23 read with section 4 of the foreign contribution (regulation) act, 1976 (hereinafter shall be called fcra, 1976'). 3. since the issues raised in both the petitions are inter-related, therefore, both these petitions were .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2015
..... the pursuit for recognition that had commenced in the year 2003, on an application filed by the appellant before the industrial court under section 11 of the act, has witnessed a prolonged adjudication, however, leaving the issue unresolved. though the appellant union tasted success before the industrial court, the fortune reversed before the ..... the application, the applicant union had instigated, aided or assisted the commencement or continuation of a strike which is deemed to be illegal under the act.41. whereas section 13 delineates the eventualities and the procedure for cancellation of recognition and suspension of rights of a union, section 14 predicates the ..... , upheld the same and interfered with the order of the industrial court.49. this court on a exhaustive survey of the relevant provisions of the act and emphatically underlining the avowed role of a recognized union contemplated thereby, in the interest of stability of industrial relations and peace through collective bargaining, .....
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