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H.H. Rijhwani Vs. N. Venkat Ramani and Either Others

Court : Chennai

Reported in : 1999(2)CTC13a; (1999)3MLJ750

..... this requirement is consistent with the principle, that a party to a suit, who is being restrained from exercising the right which such party claims to exercise either under a statute or under the common law, must be informed why instead of following the requirement of rule 3, the procedure prescribed under the proviso has been followed. ..... with the consent of the learned counsel appearing for either side in both the revision petitions, the revision petitions are taken up today for final disposal and they are disposed of.2. .....

Trustees of H.E.H. the Nizam's Pilgrimage Money Trust Vs. Controller o ...

Court : Andhra Pradesh

Reported in : [1985]153ITR496(AP)

..... (1) property passing under any settlement made by the deceased by deed or any other instrument not taking effect as a will whereby an interest in such property for life or any other period determinable by reference to death is reserved either expressly or by implication to the settlor or whereby the settlor may have reserved to himself the right, by the exercise of any power, to restore to himself or to reclaim the absolute interest in such property shall be deemed to pass on the settlor's ..... and anyother person, wherebyor (1) an interest in such property forlife or any other period determinable(b) any trust created by the by reference to death is reserveddeceased, whether expressed either expressly or by implicationin writing or otherwise, to the settlor, orwhereby(1) an interest in such propertyfor life or any other perioddeterminable by reference todeath is reserved either expresslyor by implication to the settlor, or>(2) the settlor may have (2) whereby the settlor may havereserved to himself the reserved to himself the rightright, by the exercise of by the ..... 13,57,205 is liable to be included in the estate duty assessment of the deceased as property deemed to pass (a) either under section 12 of the estate duty act, (b) or under section 10 of the estate duty act ?' 2. ..... there need not be a continuous flow of payment of money in the shape of the an unbroken chain as it were; it could be either sporadic or could be once or twice during the lifetime of the settlor. .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... not apply to certain buildings :--the provisions of this act shall not apply,--(a) to any building belonging to the state government or the central government, or cantonment board or any local authority;(b) to any building constructed or substantially renovated, either before or after the commencement of this act for a period of fifteen years form the date of completion of such construction or substantial renovation.explanation i :--a building may be said to be substantially renovated if not less than seventy ..... of that declaration whether it has rendered the statutory provision null and void and of no effect : 0065/1954 : 1955crilj215 , or, merely inoperative, unenforceable and dormant to be revitalised on subsequent removal of the constitutional ban : [1955]2scr589 , in either event, the civil court acting without the aid of the exclusionary provision in clause (ii) of section 30, during the period of invalidity, has become coram non-judice and its proceedings resulting in the decree a nullity : [ ..... eviction of a tenant on the determination of his tenancy by efflux of time where the tenancy for a fixed term was entered into by or in pursuance of a compromise or adjustment arrived at with reference to a suit, appeal, revision or execution proceeding, which is either recorded in court or otherwise reduced to writing and signed by the tenant.this is put in chapter iv with the heading 'regulation and eviction' and the section starts with title which is printed in bold 'bar of suit .....

P. Manohar Reddy Vs. Appellate Authority Under Section 53 of the A.P. ...

Court : Andhra Pradesh

Reported in : 2007(6)ALD686; 2007(6)ALT76; (2008)ILLJ1117AP

..... or other person is liable authority shall, hear the applicantunder this act, direct the refund to and the employer or give them anthe employed person of the amount opportunity of making representationdeducted, or the payment of the either in person or through andelayed wages, together with the authorised representative, andpayment of such compensation as the after such further inquiry, if any,authority may think fit, not exceeding as may be necessary, may, withoutten times ..... (4) if the authority hearing an (3) if the authority hearing anyapplication under this section is application under this section issatisfied- satisfied that it was either malicious or vexatious, the authority may direct(a) that the application was either that a penalty not exceeding fivemalicious, or vexatious, the authority rupees be paid to the employer bymay direct that a penalty 'not fifty the person presenting the application.rupees' be paid to the employer orother ..... failure to pay according to the doctrine of 'equal pay for equal work' by the employer cannot be said to be either a deduction which is unauthorized under the act or a failure under the class of delayed wages as envisaged under sections 4 and 5 of ..... down there that the power to suspend in the sense of a right to forbid a servant to work is between the master and servant and that such a power can only be the creature either of a statutory provision or a rule or standing order governing the employment or of an express term in the contract itself. .....

Sub-committee of Judicial Accountability Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1

..... the opinion that the speaker or the chairman or both, as the case may be, may after consulting such persons as they think fit and after considering such materials, as may be available, either admit or reject the motion and that if they admit the motion, then they should keep the motion pending and constitute a committee consisting of three members, one each to ..... the heir to the throne or other members of the royal family, a governor-general of an independent territory, the lord chancellor, the speaker, the chairman of ways and means, members of either house of parliament and judges of the superior courts of the united kingdom, including persons holding the position of a judge, such as a judge in a court of bankruptcy and a county court ..... , in 'the federalist', while discussing the position in the united states, observed that when questions arise as to whether a person holding very high office either in the judiciary or the legislature or the president himself has rendered himself unfit to held the office, they are of a nature which ..... . there is no doubt that, in english, in addition to bringing a session of parliament to a close prorogation puts an end to all business which is pending consideration before either house at the time of such prorogation; as a result any proceedings either in the house or in any committee of the house lapse with the session dissolution of parliament is invariably preceded by prorogation, and what is true about the result of prorogation .....

S.P. Anand Vs. H.D. Deve Gowda and Others

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)459; AIR1997SC272; JT1996(10)SC274; 1996(8)SCALE191; (1996)6SCC734; [1996]Supp8SCR486

..... [provided that the president may require the council of (2) if any question arises whether ministers to reconsider such any matter is or is not a matter advice, either generally or as respects which the governor otherwise, and the president is by or under this constitution shall act in accordance with the required to act in his discretion, advice tendered after such the decision of the governor in ..... from the aforesaid three decisions of this court and the high courts it becomes clear that a person who is not a member of either house of parliament or of either house of a state legislature can be appointed a minister in the central cabinet (which would include a prime minister) or a minister in the state cabinet (which would include a chief minister), as the case may ..... single judge of the high court in a well considered judgment held that article 75(5) of the constitution permits the president of india to appoint a person who is not a member of either house of parliament as a minister, including a prime minister subject to the possibility of his commanding the support of the majority of members of the lok-sabha. ..... , therefore, upheld the appointment under article 75(5) of the constitution read with article 88 thereof, which article, inter alia, conferred on every minister the right to speak in, and otherwise to take part in the proceedings of, either house, in joint sitting of the houses, and in a committee of parliament of which he may be named a member, though not entitled to vote. .....

Union of India (U0i) and ors. Vs. Bhanudas Krishna Gawde and ors.

Court : Supreme Court of India

Reported in : AIR1977SC1027; (1977)1SCC834; [1977]2SCR719

..... article 359(1) (which makes no distinction between the threat to the security of india by war or external aggression or internal disturbance) is wider in scope than article 358 and (2) that it is not open to any one either to challenge the validity of any law or any executive action on the ground of ;violation of a fundamental right specified in the presidential order promulgated under article 359(1) of the constitution. ..... . let us go a little further, and even assume that a rule embodied in a statute has been violated by an authority functioning under the constitution in either framing or administering a rule can courts, exercising powers under article 226, declare that rule or purported action of an executive authority dealing with a detenu under the rule or, in exercise of its, discretion ..... various facets of personal liberty under articles 19, 21 and 22 of the constitution, ' the applications were not maintainable and the high courts were not competent to deal with them and to either strike down the aforesaid clauses of the maharashtra conditions of detention order, 1974 or to issue the aforesaid directions to the detaining authorities.4. mr. ..... the reason is that any enforcement of the fundamental rights mentioned in the presidential order is barred and any challenge either to law on to any act of the executive on the ground that it is not in compliance with the valid law or without authority of law will amount to enforcement of fundamental rights and will, therefore, be within .....

Saiyed AmIn Akbar Miya Vs. State of Gujarat

Court : Gujarat

Reported in : (2004)2GLR1545

..... the state government while assessing the administration of central jail, sabarmati, has thought it fit to replace the officer for administrative reasons, the petitioners would not be entitled to get such transfer either cancelled or stayed.30.2 it is not the say of even the petitioners that the state government has misused the power of transfer of the superintendent nor the petitioners have challenged the supervisory control ..... the stand taken in relevant paragraph of the affidavit (page 56) is of justification and it is contended that there is no violation of any of the provisions either statutory or otherwise nor the said decision can be said to be arbitrary or illegal and it was a decision taken as a part of overall process of reforming the jail conditions ..... and all under-trials and prisoners should be covered in appropriate scheme of insurance so that in case of any such eventuality or in the event of spread of epidemic they can be adquately either compensated or provided help from the outside at the cost of the state government. ..... jail or prison and each inmate should be asked and encouraged to make suggestions to the authority which has either no financial implication or implication is very limited on the budget of the jail. ..... accused against whom the orders under section 268 of the criminal procedure code have been passed by the state government, clearly indicates that there is a hidden element either of absence of rapport or disharmony between these two very senior officials. .....

Smt. Rita Dey Vs. Chandan Kumar Dey

Court : Patna

..... thus, it has been held that if during the pendency of the petition for divorce either of the spouses expires, the cause of action being personal to both of them the right to sue would not ..... badalasetti nagamma, reported in : air1994ap13 , for his contention that even after the death of either of the spouses, during pendency of the appeal against a judgment of dissolution or divorce, the right to sue/survives and thus, legal heirs of the deceased spouse can be substituted, ..... this type of petition could have been filed by either of the spouses and to that extent in view of their lordships, it is certainly a personal cause of action based of one or more matrimonial misconduct alleged in the petition against the erring ..... learned counsel appearing for the respective parties, have frankly admitted that they could not lay hand on any decision of this court, either for or against the proposition. ..... interesting question has arisen in this case as to whether after decree of divorce is passed, ex-parte or bipartite against either of the spouses, the right to sue survive for the spouse against whom such decree has been passed by the court even after the death of either of the spouses.2. mr. ..... if in such proceeding either of the spouses expire before any decree comes to be passed then the personal cause of action would ..... in either case proceedings can be continued against the legal heirs of the deceased spouse who may be interested in supporting the decree of divorce passed against the aggrieved .....

Shakti Tubes Ltd. and anr. Vs. State of Bihar and ors.

Court : Patna

..... the plea made by the state is that it has at present no funds for disbursement and that the writ petition praying for disbursement of interest free sales tax loan, either in whole or in part, is not maintainable, as it is stated by the state that the liability is purely contractual and the obligation arising out of such pure and simple contract cannot be enforced in a proceeding under article 226 of the constitution of ..... in the light of the above decisions of the supreme court of india, we hold that the prayer in this batch of writ petitions for disbursal of the interest free sales tax loan, either in whole or in part, as per annexure 3, cannot be enforced by issue of a writ of mandamus in a proceeding under article 226 of the constitution of india. 14. ..... even so, is it open to the court to issue a writ of mandamus (solely) for disbursal of the amounts, said to be due either as per the contract or by application of the principle of promissory estoppel is the proceeding under article 226 of the constitution a substitute for the normal remedy available by way of a civil suit in our opinion, such a relief cannot be granted in ..... question is, even so, can a writ of mandamus be issued for disbursement of amounts stated to be due as per annexure 3 either in whole or in part in our opinion, the answer can only be in the negative. 12. ..... of 1993, the relief by way of issue of a writ of mandamus for disbursal of the amount, either wholly or partly, due as per industrial resolution was granted. .....