Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... order to implement the scheme of reorganization of states.19. clauses (1) and (2) of article 1 of the constitution a originally enacted provided as follows :(1) india, that is bharat, shall be a union of states.(2) the states and the territories thereof shall be the states and their territories specified in parts a, b and c of the first schedule.clause ..... free and common socage, and not in capite, nor by knight's service,' at the rent of ten pounds yearly payable to the crown.34. we may pause here to cast a look backwards to see how the london company came into existence. the london company came into being on december 31, 1601, when by a royal charter granted on that ..... 214 requires that it should have a high court and the power to establish such high court vests with parliament under entry 78 of list i in the seventh schedule to the constitution, and, in fact, parliament has done so in a number of cases when the states were reorganized or a new state formed or admitted into the union.79. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]120CompCas681(Bom); [2004]53SCL469(Bom)
..... company (ssts) and their shareholders. it is again alleged that the puri group have committed deliberate fraud and wrongful acts qua ssco and ssts. the allegations constituting the case of oppression of the sippy group and mismanagement of the affairs of the ssco and ssts are expressly stated and reiterated in the later paras. ..... made reference to the fact that in the past, contship had changed its agents. the contship agency was initially given to ssco in 1991, when the company constituted three groups of shareholders. later on, the agency was given to ssts in 1996 and ssts was thereafter controlled only by two groups of shareholders, namely, the ..... of respondent no. 1-company by an independent person to be appointed by this hon'ble board for conducting such investigation and thereafter appropriate orders be passed under section 406 of the act read with schedule xi thereof ; (n) an independent auditor, be appointed to audit the accounts of respondent no. 1-company ;(o) perpetual injunction .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR465; 2004(4)BomCR386
..... on 17th september 2003, having regard to the fact that short question is involved.2. this writ petition under article 227 of the constitution of india takes exception to the judgment and order passed by the principal secretary, revenue & forests department, government of maharashtra, dated 21st april 2003, holding that the petitioner is ..... is a separate legal entity and that it is a commercial organisation and, therefore, exemption available to the central government under article 285(1) of the constitution of india cannot be claimed by the petitioner.(iv) the accountant general, maharashtra - ii, nagpur had raised an audit objection stating that the petitioner was ..... the property of the union, by virtue of article 285 of the constitution of india, it is not amenable to levy of non-agricultural assessment.21. in the circumstances, this writ petition succeeds. the impugned judgment and order, as well as the coercive orders passed by the authorities below are set aside. as mentioned earlier, .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1489; (2002)2UPLBEC1483
..... has been enacted on a subject-matter not falling within the specified field of legislation as vasualized under articles 245 and 246 read with the viith schedule of the constitution. submission of the learned advocates appearing for graduate junior engineers is that the legislature is equally incompetent to make a law in violation of fundamental ..... quashing and declaring notifications dated 4.8.1997 and 25.9.1997 as ultra vires of articles 14 and 16 of the constitution. issuance of a writ in the nature of certiorari quashing the order dated 18.11.1999 issued by the respondent no. 2 thereby declaring vacancies in the posts of assistant engineer (civil) ..... the discretion of the governor in consultation with the commission. explanation.--the vacancies for the source mentioned in rule 5 (a) (ii) will until further orders, be filled from amongst those temporary assistant engineers only who were recruited in the department in consultation with the commission and were working in this capacity on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(4)BomCR773; JT2006(4)SC201; 2006(3)SCALE675; (2006)9SCC1
..... anything in clauses (2) and (3), parliament has exclusive power to make laws with respect to any of the matters enumerated in list i in the seventh schedule (in this constitution referred to as the 'union list').(2) notwithstanding anything in clause (3), parliament and, subject to clause (1), the legislature of any state also, have ..... for ncte supported the order passed by the high court. he submitted that ncte is the final authority and has primary voice in establishing technical educational institutions. according to him, the act has been enacted by parliament in exercise of power under entry 66 of list i of schedule vii to the constitution and the state has no ..... derecognize the institutions where norms and standards laid down by it and directions given by it from time to time are not followed. this duty and responsibility cast on the council implies that the norms and standards to be set should be such as would prevent a lopsided or an isolated development of technical education in .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR565; 2008(6)BomCR59; (2008)110BOMLR2370
..... adjournment with firmness. the defendant seeking extension of time beyond the limits laid down by the provision may not ordinarily be shown indulgence.42. ordinarily, the time schedule prescribed by order 8 rule 1 has to be honoured. the defendant should be vigilant. no sooner the writ of summons is served on him he should take steps for ..... court of judicature at patna from a judgment of one judge of the said high court or one judge of any division court pursuant to article 225 of the constitution of india. the following categories of judgment are excluded from the appealable judgments under the first limb of clause 10 of the letters patent:(i) a judgment ..... any division court, pursuant to section 108 of the government of india act (now article 225 of the constitution of india), on or after february 1, 1929, passed in exercise of appellate jurisdiction in respect of a decree or order made in exercise of appellate jurisdiction by a court subject to the superintendence of the said high court .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR384; 2002(1)BomCR650
..... a fundamental right and that it did not impose any constitutional duty. it only conferred a discretion on the state. this principle is reiterated in p.& t. scheduled caste/tribe employees welfare assn. (regd.) v. union of india, : (1989)illj76sc and state bank of india scheduled caste/tribe employees' welfare assn. v. state bank of ..... minority institutions, as being violative of the fundamental rights guaranteed to minority institutions under article 30 of the constitution of india. the petitioners also pray for quashing and setting aside the orders of the respondents refusing approval and seek a direction to the respondents to grant approval to the appointments ..... standards of education among the affiliated institutions could be made. the minority institutions cannot claim immunity against general laws such as laws relating to law and order, health, hygiene, labour relations, social welfare legislations, contracts, torts etc. which are applicable to all communities. so long as the basic right .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR2093; 2002(4)KarLJ76
..... sub-section (4) of section 24 of the criminal procedure code for such period not exceeding two years as may be specified in the order of appointment. the note given to the schedule further provides that a public prosecutor when posted to work at a place other than the court shall be called as deputy director of ..... judge. neither the high court nor the rule making authority can relax the said minimum qualification prescribed under sub-clause (2) of article 233 of the constitution of india. however, that does not mean that the appointing authority keeping in mind the larger public interest and efficiency and excellence in administration of justice ..... the second submission of sri r.n. narasimhamurthy, the learned advocate general submitted that the qualification prescribed under sub-clause (2) of article 233 of the constitution of india is only a minimum qualification or eligibility fixed; and it is always permissible for the rule making authority to prescribe a higher qualification than the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(6)ALD52; 2008(5)ALT257
..... c.' category submitted applications. none were however found eligible, as they did not possess the prescribed qualifications. therefore they were not called for interviews. no scheduled caste candidate could therefore be appointed to fill up the second roster point. no 's.c' candidates raised any grievance regarding the notification and appointments. lecturer ..... 1995 directing groupwise and subjectwise consolidation of posts and applying the 100 point roster by arranging the subjects in each group in the alphabetical order?(c) whether the constitution and composition of the screening committee is illegal?(d) whether the 1st respondent-university acted illegally in failing to send the petitioner a ..... state in the matter of provision of reservations, referable to articles 15 and 16 of the constitution. it is now well settled that the state may make provision for reservations even by an executive order. the state has not only made such a provision but has also issued elaborate guidelines for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD538
..... under articles 14 and 19(1)(g) of the constitution of india. this submission is to be examined in the background of the impugned control order and the two government orders impugned.scope and operation of impugned orders :23. the edible oils packaging order consists of 15 clauses and v schedules. clause 2(b) defines edible oils as 'vegetable ..... state government in proposing to implement the central control order is arbitrary and illegal. this challenge ignores the basic principles of constitutional governance. the essential commodities act is a law made by the union legislation under to entry 33 of the concurrent list of vii schedule to the constitution. therefore, even if in the state of a. ..... p. were to make a law, the same by reason of article 246(2) read with article 254 cannot be contrary to essential commodities act or any control order made by the central government under section 3 .....
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