Court : Delhi
Reported in : AIR1983Delhi377; ILR1983Delhi83; 1983RLR335
M.L. Jain, J.1. A perpetual lease was executed on 16-10-1920 between the Secretary of State for India in Council and Edward Keventer of Aligarh Dairy Farm, Aligarh, in respect of a plot of land measuring 22.95 acres situated on Kitchner now Sardar Patel Road. New Delhi, on a premium of Rs. 5738.8.00 and annual rent of Rs. 286.14.00. The lease was granted for construction of a dairy farm according to the plan approved by the Chief Commissioner, Delhi, or his delegate. The said dairy farm was accordingly built and set up. The lease was transferred to the present petitioners, namely, Edward Keventers (Private) Ltd. sometime in 1946.2. Conditions (5) and (6) of the lease provided that the lessee will not without consent of the said Chief Commissioner or a duly authorised officer appointed by the Governor-General erect or suffer to be erected on any part of the premises any buildings other than and except the dairy farm buildings, make any alteration in the plan or elevation of the said dai...
Tag this Judgment!Court : Allahabad
Reported in : (1997)1UPLBEC594
B.M. Lal, B. Kumar and M. Katju, JJ.1. For the reasons recorded separately this court unanimously holds that the impugned Presidential Proclamation dated 17-10-1996 reimposing Presidential Rule under Article 356 of the Constitution of India in the State of Utter Pradesh subsequently approved by the Parliament is unconstitutional, issued in colourable excercise of powers and is based on wholly irrelevant and extraneous grounds and therefore, cannot be allowed to stand, consequently the same is hereby quashed.2. However, to avoid any constitutional dead-lock or crisis resultant to the quashing of aforesaid Proclamation, we direct, by applying the doctrine of prospective overruling, that this judgment shall come into operation with effect from 26-12-1996.B.M. Lal, J.1. The judgment delivered in Writ Petition Mo. 3129 (MB) of 1996, shall govern disposal of all the six writ petitions filed in the shape of Public Interest Litigation challenging the constitutional validity of the Proclamation...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD199; 1999(5)ALT715
ORDERMotilal B. Naik, J.1. An important question of law as to the constitutional validity of Section 19(3) of the Andhra Pradesh Panchayat Raj Act, 1994 is raised in these writ petitions.2. In all these three writ petitions, the individual petitioner is either an elected Chairman or some other office bearer of one of the local bodies created under the Andhra Pradesh Panchayat Raj Act, 1994.3. For the purpose of convenience, few facts relating to each of these three writ petitions are traced as under:In Writ Petition No. 19068 of 1997, the petitioner is the Chairman of Anantapur Zilla Parishad. He was initially elected as ZPTC member from Roddam Territorial Constituency of Anantapur District and subsequently he was elected as Chairman of Zilla Parishad, Anantapur on 20-3-1995. By the time he choose to contest the elections for the office of ZPTC member, he had four children. However, after being elected as Chairman, Zilla Parishad, Anantapur, a female child was born to him on 28-4-1997 ...
Tag this Judgment!Court : Supreme Court of India
..... section 110 gave unfettered and unguided power to the executive to take away the exemption granted by the legislature and hence that section is void for excessive delegation of legislative powers on the state government. in support of his contention, reliance was placed on the judgments of this court in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act ..... a matter of policy that the cantonment areas in a state should be subject to the same legislation relating to control of rent and regulation of housing accommodation as in force in other areas of the state and this policy was given effect ..... appeals and direct the notified authority under the acquisition act to disburse the amount of compensation fixed by the act to the legitimate claimants in accordance with law, which ..... laws added to the ninth schedule, by violating the constitutional amendments after 24.12.1973, if challenged, will be decided on the touchstone of right to ..... made known. the concept of public purpose has been given fairly expansive meaning which has to be justified upon the purpose and object ..... which does not contain a provision for payment of compensation at a rate not less than the market value which follows tha ..... and the impugned act. reference was made to the judgments of this court in state of bihar v. maharajadhiraja sir kameshwar singh of darbhanga and ors. (1952) 1 scr ..... structure and also stated that notwithstanding the repeal of article 31(2), the word .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H298
Mehar Singh, J.1. This is a petition, though it does not say so, apparently under Article 226 of the Constitution by Dr. Partap Singh, petitioner, seeking writ, direction or order to quash the order of suspension made against him and also the order of revocation of his leave preparatory to retirement and the enquiry that is going to be held against him. The facts and the circumstances are these.2. The petitioner joined Punjab Civil Medical Service in April, 1940. From June 1941 to the end of 1945 he served in the War in a temporary rank in the Indian Medical Service. His rank in the Army was Lieutenant Colonel. In 1947 the Punjab and North-West Frontier Province Civil Service Commission invited applications for selection of candidates in Class I of the Punjab Civil Medical Service. He made an application to be appointed to that service and on having been selected joined it on August 21, 1947- The partition of the country took place in the meanwhile on August 15, 1947. In the History of...
Tag this Judgment!Court : Karnataka
..... bangalore race course committee had no power of alienation over the lands and their control being limited only to carry on the object of the original grant. the government order recites tha ..... between the club and the government.24. in so far as the contention urged by the counsel for the petitioner based on section 20 of the indian contract act stating that the subsequent lease deeds ..... in favour of the bangalore turf club for racing and other activities. in the case of delhi water supply and sewarage disposal undertaking v. state of haryana : 1996 ( ..... regulation. referring to edward mills co. ltd., beawar v. state of ajmer (s) air 1955 sc 225, the apex court held ..... , orders, rules or regulations having the force of statutes. on 18.04.1952 the government of madhya bharat issued an executive order terminating the said payment ..... intention to deprive the city of such a vast lung space. at any rate, he submits that any decision in this regard will be taken ..... fixing rent to be paid by the petitioner, are illegal. it is his further contention that as per article 372 of the constitution of india, the law in force in the territory of india immediately before the commencement of constitution shall continue in force until altered or repealed ..... had been made by one party and the other party acted on that representation and made investments and thereafter the other party resiles from the same, such act cannot be stated to be fair and reasonable. the facts presented in the instant case are nothing in common .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All484
ORDERS.S. Dhavan, J.1. This is a petition under Article 226 of the Constitution impugning the decision of the State Government to impose a qualification test on the petitioners before granting them the new scales of pay and praying for an order directing the State to place the petitioners in the aforesaid higher revised scale of pay unconditionally.2. The facts, as stated in the affidavit supporting the petitioners, are these. The petitioners, who are 37 in number, are Auditors in the Cooperative Department of the State of Uttar Pradesh. They have varying lengths of services to their credit, the number of years for each is being specified iu paragraph 5 of the affidavit. They have been engaged in what the petitioners describe as the 'highly qualified work of auditing.' At the time of the recruitment of the petitioners the minimum educational qualification was the passing of the Intermediate Examination or any equivalent examination thereof. Previously the entire auditing Department con...
Tag this Judgment!Court : Delhi
Reported in : (1997)59TTJ(Del)699
ORDERB. S. SALUJA, J.M. :These appeals have been filed by the assessed and the Department respectively against the orders of learned CIT(A), XII, New Delhi, dt. 11th October, 1994, on various grounds. Since the appeals involve common grounds urged by the assessed and the Department the same are being disposed of by this consolidated order for the sake of convenience.ITA Nos. 7028 & 7029 (Del) 942. Ground Nos. 1 to 6 urged by the assessed relate to initiation of reassessment proceedings under s. 148 when notice was issued on 27th March, 1992, and the reasons for issuing the notice were recorded on 31st March, 1992, non-existence of valid reasons for formulation of belief for initiating reassessment proceedings under s. 148, the application of the provisions of ss. 147 and 148, as amended w.e.f. 1st April, 1989, and the invocation of the provisions of s. 292-B with reference to notice issued under s. 148 and the finding that reasons had been recorded by the AO before issue of notice.2.1 ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2010KAR4091
..... bangalore race course committee had no power of alienation over the lands and their control being limited only to cany on the object of the original grant. the government order ..... into between the club and the government.24. in so far as the contention urged by the counsel for the petitioner based on section 20 of the indian contract act stating that the subsequent lease deeds ..... of the bangalore turf club for racing and other activities.in the case of delhi water supply and sewarage disposalundertaking vs. state of haryana - 1996(2 ..... regulation. referring to edward mills co. ltd., beawar v. state of ajmer (s) am 1955 sc 225. the apex court held tha ..... statutes, orders, rules or regulations having the force of statutes. on 18.04.1952. the government of madhya bharat issued an executive order terminating the said payment ..... intention to deprive the city of such a vast lung space. at any rate, he submits that any decision in this regard will be taken ..... fixing rent to be paid by the petitioner, are illegal. it is his further contention that as per article 372 of the constitution of india, the law in force in the territory ofindia immediately before the commencement of constitution shall continue in force until altered or repealed ..... had been made by one party and the other party acted on that representation and made investments and thereafter the other party resiles from the same, such act cannot be stated to be fair and reasonable. the facts presented in the instant case are nothing in common .....
Tag this Judgment!Court : Patna
1. This contempt proceeding relates to an unfortunate incident, which had taken place in the courtroom and chambers of Sri D.N. Barai, 1st Additional District & Sessions Judge at Bhagalpur on 18.11.1997, when several police officials in pre-planned and calculated manner had made murderous attack on him.2. Since admittedly the incident had undermined the dignity of Courts of the whole country, Judicial officers, Judges, Lawyers and Organisations like Bar Council of India, the Bihar State Bar Council, Judicial Officers' Association & Advocate Associations, including lawyers of the High Court felt insecured and humiliated. It would appear from various affidavits and newspapers that the State Government, the Chief Secretary, the Director General of Police, and other various organisations of the State had also condemned this unfortunate and unprecedented incident. We fully appreciate the sentiment and reaction of the lawyers and different authorities, as noticed above. Because for any civi...
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