Court : Supreme Court of India
Reported in : AIR2007SC56; 2006CriLJ4765; JT2006(12)SC533; 2006(10)SCALE12; (2006)10SCC560; 2007(2)LC1327(SC)
..... a fundamental right, it is implicit in the broad sweep and content of article 21 as interpreted by this court in maneka gandhi v. union of india : [1978]2scr621 . we have held in that case that article 21 confers a fundamental right on every person not to be deprived of his life or liberty except in accordance ..... court, while allowing the petition filed by the appellant, quashed the proceedings pending against the appellant in the trial court under section 5(2) of the j & k pc act and under section 161 rpc. the appellant, however, was dismissed from service in the departmental proceedings initiated against him, and later, in appeal, the dismissal was converted into ..... to remove the appellant from the service. the sanctioning authority was not even the appellant's appointing authority. however, under section 6 of the j & k pc act which provides for initiation of prosecution, there must be a sanction issued by a person who was empowered to remove such an official from service. 5. the high .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077
..... use of it by other persons; that whenever a conflict of rights exists, it is the duty of the magistrate, if, he apprehends civil tumults, to guard against it, and, if necessary, to interdict a procession; but that a general order interdicting all musical processions is ultra vires and illegal. the high court ..... permission for doing ceremonies and taking out tazia procession but on every occasion the city magistrate refused permission. in the circumstances a writ petition no. 3936 of 1978 was filed by gulam abbas and other shia muslims in the allahabad high court praying for mandamus against the state of u. p. and its magisterial ..... the 1898 code, wherein separation between the judicial functions and executive or' administrative functions of magistrates did not obtain, was quite different and the power to act in urgent cases of nuisance and apprehended danger to public tranquility under section 144 of the code had been conferred on 'district magistrates, chief presidency magistrates, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572
..... returning officer, namakkal constituency and ors. : [1952]1scr218 and mohinder singh gill and anr. v. the chief election commissioner, new delhi and ors., : [1978]2scr272 in the contextual facts may not have much relevance; as such, we need not detain ourselves in dealing with the same. the plenary power of article 329( ..... by parliamentary legislation as regards resolution of such disputes. the subsequent legislation as introduced into the statute book, namely, the inter-state water disputes act 1956 is such a legislation under article 262 of the constitution and section 11 thereof excludes the jurisdiction of the courts including that of the ..... in-principle clearances to any schemes / projects proposed / undertaken by any of the riparian states on the inter-state river krishna and direct the union government to act in terms of the said declaration; (h) grant a mandatory injunction directing the state of karnataka to undo all its illegal, unauthorised actions regarding projects/ schemes .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2696; [1992(65)FLR1]; JT1992(3)SC446; (1992)IILLJ294SC; 1992(1)SCALE1248; (1992)3SCC336
..... v shri n. sundara money (supra) was reiterated in the subsequent decisions of this court in delhi cloth & general mills ltd. v. shambhu nath mukherjee and ors. : (1978)illj1sc ; santosh gupta v. state bank of patiala : (1980)iillj72sc ; hindustan steel ltd. v. the presiding officer, labour court : (1977)illj1sc ; surendra kumar verma v ..... applicability of the provisions of chapter v-b to an industrial establishment was reduced from 300 to 100. in 1984, parliament enacted industrial disputes (amendment) act, 1984 (act no. 49 of 1984) whereby section 25-n was substituted and amendment was also made in section 25-q. in this group of cases, we ..... the object underlying the requirement of prior permission for retrenchment introduced by section 25-n, as indicated in the statement of objects & reasons for the 1976 act, is to prevent avoidable hardship of unemployment to those already employed and maintain higher tempo of production and productivity. the said considerations coupled with the basic .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom
..... 1975)iillj445sc ].52. the unamended provisions of section 25-o were the subject matter of judicial decision in excel wear v. union of india and ors. : (1978)iillj527sc , where the constitutionality of this provision was challenged on various grounds including that the provision does not require giving of reasons in the order, no time limits ..... regarding closure, retrenchment and other matters relating to industrial activities they are expected to be resolved, adjudicated and performed in the manner specified in the act. the act is intended not only to make provision for investigation and settlement of industrial disputes but also to serve industrial peace so that it may result in ..... be an integral part of the order or by necessary presumption of law. in the case of smt. indira gandhi v. raj narain and anr. : [1978]2scr405 , the supreme court observed that the specific directions suspending the judgment and order under appeal, read in its plenitude, also suspends the finding of corrupt practice .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR675
..... which was subject to the ulc and was sought to be acquired in negotiations with the department. a press note dated 11.7.1978 was produced by the claimants which was issued under the provisions of the ulc act. it is marked 'x' for identification as the same is not proved on record. these are the documentary evidence produced by the parties ..... the comparable market value of the land. it is an admitted position that the said land was affected by the ulc act. the ulc act came into operation in 1976. the first agreement for ale is of the year 1978 which is two years after the ulc act came into force. it is also an admitted position that under the provisions of the ulc ..... 10 for a mere sum of compensation of rs. 2 lacs. to avoid the rigors of the ulc act various agreements are entered into to indicate the sale of the portion of the land. however, though an agreement is entered into in 1978 the land is developed much thereafter and conveyance is executed in 1985 in respect of the said land in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR970
..... ground that the judgment had been procured by influence in order to gain personal profit which stood established by the subsequent purchases by the appellants.the karnataka land reforms act is an act which wants to usher in a uniform law relating to land reforms. it is the law relating to (i) agrarian relations, (ii) conferment of ownership on tenants, ..... learned judge, on the question of locus standi of respondents 1 to 5 to file writ petition, relying upon the decision in purandhar lagama ingale v. land tribunal, raibag 1978(2) klj 339, which came to be followed in sakrappa v. state of karnataka : ilr1985kar1833 held that a duty had been cast on the tribunal to determine whether the ..... notice to the public while form-9 is individual notice. while dealing with this, the learned judge in 1978-2 kar.l.j. 3391 states as follows:-'further he submitted that having regard to the wordings of section 48a of the act and form-8, only persons who have got a right of ownership in the land or right of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1082; 1993CriLJ859; 1992(3)SCALE396; 1993Supp(4)SCC260; [1992]Supp3SCR594
..... are materials prima facie connecting the respondent with the dealings of bofors.143. admittedly the respondent was earlier bofors' representative in india appointed in the year 1978 and from january 1986 he was appointed as bofors' administrative consultant. according to the respondent, in the agreement covering the period upto the end of ..... that a witness be examined upon interrogatories sent with the request. the medium whereby one country, speaking through one of its courts, requests another country, acting through its own courts and by methods of court procedure peculiar thereto and entirely within the latter's control, to assist the administration of justice in ..... geneva held that the request for mutual judicial assistance presented by india did not in its form satisfy the requirement of article 28 of the federal act on international mutual assistance in criminal matters (for short 'imac') and sent back the letter rogatory for compliance of certain procedural formalities. thereafter, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1811; [1995]84CompCas168(SC); (1996)2GLR83; JT1995(4)SC366; 1995(3)SCALE627; (1995)5SCC482; [1995]Supp1SCR349; 1995(2)LC442(SC)
..... august 25, 1980 one prof. manubhai shah executive trustee of respondent no. 1 and mr. d.n. dalai sought policies under table mi. similarly in december, 1978 respondent nos. 2, to 4 sought similar policies for convertible term insurance plans for different amounts. in september, 1980 respondent nos. 6 and 7 agents of the ..... conditions but arbitrary conditions prevents entering into contractual relations with the state. the individual is entitled to fair and equal treatment with others. a duty to act fairly can be interpreted as meaning a duty to observe certain aspects of rules of natural justice. the legitimate expectation cannot be denied without fair procedure. ..... contract where there was inequality of bargaining power. in photo production ltd, v. securicor transport ltd. 1980 a.c. 827, considering the unfair contract terms act, 1977, lord wilberforce during the course of his speech emphasised the unequal bargaining power as an invalidating factor upheld the contract in that case since it .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi536
..... calprits, public witness r having obtained that car on superdari. subsequently, in october/november 1974, public witness i was discharged fromthat case. the only danger to guard against will be whether, byreason of his having been so taken into police custody any undueadvantage was sought to be taken by the police. on a scrutiny ..... general diary of police station talliyan which hasbeen proved in the case.(280) since a reference was made in the appellant's petition (cr. misc.84 of 1978) for the production of t. a. bills of the concera,ed officers,the reply of mr. kalra is that the records are maintained by theaccounts branch ..... without completelydissociating themselves from the same is hit by s. 162 criminal procedure code. (as acommunication or a statement made to the police despite the saididentification being a mental act by reason, of mere pointing out) wasanswered in the affirmative by the supreme court in ramkishanmithanlal sharma v. state of bombay : 1955crilj196 already noticed, while .....
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