Court : Delhi
Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580
..... we do hope that the authorities concerned would spare no effort to strictly comply with the provisions of the act and rules and ensure that the person to whom the license is issued, is capable of following and adhering to the rules and regulations of traffic; the drivers, who offend the traffic rules and regulations are punished for each offence, but in terms of the judgment of the supreme court, where a person repeatedly is found offending such provisions, his license deserves to be cancelled. ..... rule 100 of the rules requires that every vehicle has to have a safety glass that is conforming to the specifications of the bureau of indian standards or any other international standards and the glass which is on the front windscreen and the rear window of a vehicle, is expected to have visual transmission of light not less than 70%, while the glass of side windows is to have not less than 50% transparency conforming to the indian standards. ..... it was also brought to the notice of the court that the working hours of the drivers of these buses, especially those run by the private operators and the buses running under the permits granted by the sta, are very long and because of such long working hours, these drivers get exhausted resulting in careless driving of the buses which lead to these vehicles meeting with fatal accidents. ..... the roads of delhi should have a free sky line as well as non-destructive driving routes in delhi. 44. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1964Kant84; AIR1964Mys84
..... whether for nomination to the office of karnam by the proprietor of the village under the former act or by the collector under the latter, is a matter personal to the nominee clearly taking into account such things not only as sex and age, but also the physical and mental capacity to discharge the office, and even the educational qualifications of the person selected.it is accordingly clear that since that time in ..... not higher than those prescribed for the other group of posts for which qualifications are actually prescribed -- and it should be recalled that in the hyderabad area there was no qualification the real antependia between the two main groups which has relevance to the purpose of the act, is, that the posts in the abolished groups could be occupied by persons having the barest minimum ..... is destructive of the operation of section 4 of the impugned act should be rejected in favour of what promotes its purpose, it would be reasonable to say that the legislature which made the abolition made only consequential amendments to the two laws and did ..... was an invasion of the fundamental right guarantee^ by article 31(1) that there should be no deprivation of property save by the authority of law; and(c) that even if the impugned act was not void, since the effect of the abolition was an acquisition of the abonsned posts and the impugned act omitted to provide for compensation and specified no principles for its determination, there was a violation of clause (2) of article 31.104. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad323; (1952)IMLJ71
..... i have had to say so much as i have said on the question whether or not the suit village falls within clause (d) ot section 3(2) because in answer to an intimation of opinion from the bench during argument that clause (e) and not clause (d) of section 3(2) would govern the present case--a position which the learned advocates for the respondents accepted without any objection--the learned advocate for the appellants-petitioners stated that he was ..... the policy of the act is to prevent an extension of private land in a zamindari by a process of conversion or even by legitimate acquisition of the ryoti interest as shown by section 8 of the act.the proviso tosection 185 was deleted and a corresponding provision inserted insection 3(10) (a) in 1934 to emphasise the position that direct cultivation for 12 years ..... 311 of 1943 striking" a discordant note.further in between 1914 and 1949 there is the decision of the judicial committee of the privy council in 'zamindar of chellapalli ..... lands in question have been purchased by the plaintiffs and their predecessors-in-title under a series of sale-deeds ranging from 1864-1914 with both waram rights. ..... appalanarasimha', 1914 mad w n 766, and 'markapulli reddiar ..... appalanarasimha', 1914 mwn 766, and of venkatasubba ..... of 1914 and ending with two latest judgments of this year not yet reported of two different benches -- that of rajamannar ..... thandava kone', 1914 mad w n 798, which have been referred to but they do not throw any light on the question under .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD582; 2001(6)ALT433
..... munshi observed:we want that the scheduled tribes in the whole country should be protected from the destructive impact of races possessing a higher and more aggressive culture and should be encouraged to develop their own autonomous life, at the same time, we want them to take a larger part in the life of the countryadopted. ..... of the constitution or the law which can be best achieved to advance the cause of community or disadvantaged groups and individuals or public interest by permitting any person, having no personal gain or private motivations or any other oblique consideration but acting bona fide and having sufficient interest in maintaining an action for judicial redressfor public injury to put the judicial machinery in motion like action popular is of roman law whereby ..... of the 'new chapter in justice delivery system' pil thus:.the strict rule of locus standi applicable to private litigation is relaxed and a broad rule is evolved which gives the right of locus standi to any ember of the public acting bona fide and having sufficient interest in instituting of an action for redressal of public wrong or public injury, but who is not a mere busy body or a meddlesome interloper; since the dominant object of pil is to ensure observance of the provisions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
..... manner which is detrimental to the academic interest of the students at large whether the university can be exonerated from following the parameters provided under the act whether the university in its enthusiasm and exuberance do such acts in a dexterous manner so that the quality of education is hampered and personal whims and caprices come to the forefront while posing such questions we would also like to advert to whether the state legislature, while dealing with these aspects ..... year course) diploma in maharishi ved vigyan diploma in maharishi vedic swasthya vidhan diploma in maharishi jyotish diploma in maharishi sthapatya ved diploma in maharishi yog diploma in maharishi gandharva ved diploma in maharishi darshandiploma in ved and vedic literature in human physiology diploma in maharishi vedic management diploma in maharishi upadesh(d) honours courses : (three year course) shastri in maharishi ved vigyan shastri in maharishi vedic swasthya vidhan shastri in maharishi jyotish shastri ..... questioning the pregnability and penetrability of the amended provisions it was submitted by the learned senior counsel for the petitioners that the provisions are totally destructive of the basic meaning of life, as enshrined under article 21 of the constitution inasmuch as article 21 guarantees fundamental right to a person to live with liberty which also includes right to provide amenities for maintaining proper health and to remove hazardous disease and to impart education by which full .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(7)SCALE590; (2007)4SCC397; 2007(2)LC966(SC)
..... (4) whether the 93rd amendment confers on the state an unbridled power to make special provisions for 'socially and educationally backward classes', without indicating the circumstances when such provision may be made, and without imposing any limit either on the contents or duration of such special provisions and is, therefore, wholly destructive of the right of equality of the citizens and thereby violative of basic structure? ..... of backward classes on the basis of caste for the purposes of article 16(4) would equally apply to articles 15(4) and article 15(5) of the constitution?whether 27% reservation in socially educational backward classes/other backward classes is justified(1) whether the act insofar as it mandates reservation of 27% in all educational institutions (including private aided institutions) irrespective of and unrelated to the 'compelling need' of the state and without any limit of time and without any computable data for identification of persons as obcs, is violative of articles 14,15, 21a ..... the basic issues which need to be considered by the larger bench, are as follows:93rd constitution amendment act, 2005(1) whether the 93rd constitution amendment act, 2005 and article 15(5) are unconstitutional as being violative of the basic structure of the constitution? .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1078; JT1995(2)SC61; 1995(1)SCALE466; 1995Supp(2)SCC13; [1995]1SCR935
..... that is why section 29 of the 1950 act and section 159 of the 1951 act talk of the obligation of the local authority to make its ..... exercise of the power vested in the parliament under these articles it enacted the representation of the people act, 1950 and the representation of the people act, 1951 (hereinafter referred to as 'the 1950 and 1951 acts' respectively). ..... the penalty provisions under the two acts on which reliance was placed cannot but relate to those officers who are covered thereunder and not any person as is urged by the ..... the 1951 act provides for the conduct of elections to the houses of parliament and to the house or houses of the legislature of each state, the qualifications and disqualifications for membership of those houses, the corrupt practices and other offences at or in connection with ..... the 1950 act provides for the allocation of seats and the delimitation of constituencies for the purpose of elections to the house of people and the legislatures of the states, the qualifications of voters at such elections, the preparation of electoral rolls and the matters ..... important to note that their services came to be made available as returning officers and assistant returning officers under sections 21 and 22 of the 1951 act introduced by amendment act 47 of 1966. ..... constitution makers did not say the union or the state governments but only the president or the governor, it is obvious they would have to act consistently with articles 74(1) and 163(1), respectively. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... . there, in may 1916, the crown, purporting to act under the defence of realm consolidation act, 1914 and the regulations made thereunder took possession of a hotel for the purpose of housing the headquarters' personnel of the royal flying corps and denied the legal right of the owners to compensation ..... into their hands and dispossessing the petitioners by the display of force, exhibits a callous disregard of the normal requirements of the rule of law--we have here a highly ..... . this court upheld the challenge and struck down the impugned action as being without the authority of law and while doing so, made the following observations which were strongly relied on behalf of the detenus : 'before we part with this case, we feel it our duty to say that the executive action taken in this case by the state and its officers is destructive of basic principle of the rule of law--the action of the government in taking the) law ..... speaking for the constitution banch of this court deprecated action taken by the state and its officers on the ground that it was destructive of the basic principles of the rule of law.195. in g. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... women's rights to property act, 1937, and the hindu women's rights to property (amendment) act, 1938 and in re a special reference under section 213 of the government of india act, 1935, [1941] fcr 12 the question arose whether the hindu women's rights to property act, 1937 (central act xviii of 1937) and the hindu women's rights to property (amendment) act, 1938 (central act xi of 1938), are applicable to agricultural land and what was the meaning of ..... to the following grounds not amounting to misconduct under service regulation 42, namely:(i) if he/she is, in the opinion of the corporation (the board of directors of air india) incompetent and unsuitable for continued employment with the corporation and such incompetence and unsuitability is such as to make his/her continuance in employment detrimental to the interests of the corporation; orif his/her continuance in employment constitutes, in the opinion of the corporation ..... on the following grounds not amounting to misconduct under the standing orders, namely:(i) if he/she is, in the opinion of the corporation (the board of directors of indian airlines) incompetent and unsuitable for continued employment with the corporation and such incompetence and unsuitability is such as to make his/her continuance in employment detrimental to the interest of the corporation; orif his/her continuance in employment constitutes, in the opinion of the corporation ..... is destructive of ..... shastri award is totally destructive of this requirement.53. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1972)IILLJ209SC; (1972)2SCC275; [1973]1SCR608
..... separate cadres; (iii) all new recruits appointed after october 1, 1957, should be deemed to have been appointed in state cadre, (iv) the provincialised cadre would be a continuing diminishing cadre and would in course of time completely vanish leaving only the state cadre; (v) keeping the two cadres separate would secure the same promotional chances to the state cadre teachers as before; at the ..... rules which treated some, as against the others, in a manner which reduced the promotional chances of the provincialised cadre teachers; (b) that teachers recruited between october 1, 1957, and february 13, 1961, posted in provincialised schools and not specifically appointed to any cadre other than the provincialised teachers could not, by retrospectively taking them in state cadre, be given better promotional chances; (c) that there was ..... it appears to this court, on an examination of all relevant facts that two groups of government employees, doing exactly the same type of work, possessing the same kind of qualifications and competence and experience, ought to be placed in one category, having regard to the object which the classification must serve, we would be justified in holding that, for that particular purpose, they do form one class ..... these teachers are working in the same schools it would be destructive of morale and discipline to promote a junior teacher into the higher grade and block the prospects of the senior teachers. ..... 1926 framed under the punjab district boards act, 1883. .....
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