Court : Allahabad
Reported in : AIR1951All674
..... , who, perceiving that there are some powers difficult to classify, 'powers which analytically or historically or from both standpoints might be assigned to either of two departments,' held that it was within the legislative competence to assign their exercise to the executive branch :''the line has not been exactly drawn' he ..... words in article 31(2) are'unless the law provides for compensation for the property taken possession of or acquired & either fixes the amount of the compensation, or specifies the principles on which, & the manner, in which, the ..... be taken in possession of or acquired for a public purpose under any law'unless the law provides for compensation for the property taken possession of or acquired & either fixes the amount of the compensation or specifies the principles on which, & the manner in which, the compensation is to be determined & given. ..... purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation for the property taken possession of or acquired & either fixes the amount of the compensation, or specifies the principles on which, & the manner in which, the compensation is to be determined & given. ..... provincial legislature shall have the power compulsorily to acquire land'unless the law provides for the payment of compensation for the property acquired & either fixes the amount of the compensation, or specifies the principles on which, & the manner in which, it is to be determined. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... duties imposed on every citizen under article 51-e and f, when for the acts of the husband sudden and irrational such as divorcing a wife without rhyme or reason by pronouncing the talaq either once or thrice on the spur of moment in one sitting or otherwise bringing all sorts of disaster and calamity to her including, the one rendering her without any substantial source of maintenance ..... -holder concerned that with his holding, the holding of a woman who was his wife at one time but the marriage ties with whom had been broken by divorce either under the decree of a court or otherwise under customary law, should not be clubbed and should not have been clubbed with his holding-in order to determine the ceiling ..... : if on or before january 24, 1971, any land was held by a person, continues to be in its actual cultivatory possession and the name of any other person is entered in the annual registers after the said date either in addition to or to the exclusion of the former and whether on the basis of a deed of transfer or licence or on the basis of a decree, it shall be presumed unless the contrary is proved to the ..... submitted that this being the position of law under muslim personal law or shariat law once divorce has been recited thrice even in the mode known as talaq-ul-biddat which may be either called sinful or irregular, that form of marriage being recognized one the divorce becomes irrevocable on three talaq being pronounced may be at one sitting but it is on the pronouncement .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori67
..... it be taken for granted that the rulera of bamra and ealabandi retained full sovereign powers except those ceded to the dominion government by their instrument of accession of august 1947 there is nothing either in the international law or in the provisions of the indian independence act or the government of india act (as adapted) to prevent the rulers from surrendering almost all their remaining sovereign powers to ..... only for payment of only a personal allowance from the revenues of the states is also very significant because if what was intended to be ceded was only executive functions and not either the legislative or the judicial functions it is difficult to see wherefrom the ruler would have found the financial resources for carrying on the judicial and legislative functions. ..... 'applying these principlea to the present case it can be safely laid down, in the absence of power of revocation and of reservation of any power of concurrent authority, either to legislate or to exercise any other function appurtenant to the sovereignty of the ruler, that the latter has completely divested himself of all powers of governing the country which must include his power ..... 32-33 :'no native state in the interior of india enjoys the full attributes of complete external and internal sovereignty, since to none is left either the power of declaring war or peace, or the right of negotiating agreements with older states ; but the sovereignty of native states is shared between the british government .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1972CriLJ93
..... is an essential element which must be satisfied before the decision can be brought into force.in other words, a decision adversely affecting a party does not come into force before that party acquires knowledge thereof, either actual or constructive, and this rule is of universal application, notwithstanding that fact that the legislature is fully aware of the implications flowing from the use of the word 'knowledge' in statutes prescribing ..... of three months could commence from the date of the ex parte order only if the applicant could be charged with the knowledge of the order either constructively because of his having been duly served in respect of the proceedings leading to the passing of that order or because of the order having ..... the enforcement of the remedy by the person aggrieved against the said order by reference to the making of the said order, the making of the order must mean either actual or constructive communication of the said order to the party concerned.the decision in raja harish chandra rai singh's case ..... feels convinced on the basis of the material placed before him that the husband is either wilfully avoiding to accept service or is wilfully neglecting to appear before him that he can ..... collector's award, whichever period shall first expire.clause (a) of the proviso to sub-section (2) applies only to a case where the person affected by the award was present either personally or through his counsel or agent before the collector when the award was made .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... act, had decided that it was expedient to enable the provincial government, not to make what law it pleased for the new province, but to apply, by notification, to that province any enactment which either already was or from time to time might be in force by proper legislative authority in the other provinces and also that the laws which were or might be in force in the other ..... constituted and the legislature cannot go beyond it, but within its ambit it is supreme and its power is as large and of the same nature as that of the british parliament : (c) that the principle of non-delegation, founded either on the doctrine of separation of powers or on the theory of agency, has no application to the british parliament or the legislatures constituted by an act of the british parliament; (d) that in the ever present complexity ..... type of delegation has been classified by the donoughmore committee under four heads, namely - (i) power to legislate on matters of principle and even to impose taxation; (ii) power to amend acts of parliament, either the act by which the powers are delegated or other acts (nicknamed as henry viii clause); (iii) power conferring so wide a discretion on a minister, that it is almost impossible to know ..... separation of powers the executive should be incapable of receiving or exercising anything but executive power, from which it must follow either that the executive can never receive any power from the legislature or that when power passes it is automatically transmuted .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... for bribery in connection with the exercise of his functions as such member, shri rao has invited our attention to the following statement in may'a parliamentary practice :-'the acceptance by any member of either house of a bribe to influence him in his conduct as such member or of any fee, compensation or reward in connection with the promotion of, or opposition to any bill, resolution, matter ..... ]1scr158 , this court construed the words 'in respect of occurring in section 18(1) of the bombay rent restriction act, 1947, the relevant portion of which read thus:'if any landlord either himself or through any person acting or purporting to act on his behalf...receives any fine, premium or other like sum or deposit or any consideration, other than the standard rent ..... person shall be liable to any proceedings in any court in respect of the publication of any report, papers, votes or proceedings if the publication is by or under the authority of either house of parliament, a person who publishes a report or papers or votes or proceedings by or under the authority of parliament is thereby given protection in the same broad terms against liability ..... mind a proposition very clear that this court has jurisdiction over the offence of bribery as at the common law in a case of this kind, where a member of the legislative assembly is concerned either in the giving or in the offering to give a bribe, or in the taking of it for or in respect of any of his duties as a member of that assembly; and it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... further provision in clause (4) of section 123 laying down that 'the publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal conduct or character of any candidate in relation to the candidature or withdrawal, of any candidate being a statement reasonably calculated to prejudice the election of that candidate ..... under a separate and distinct provision which is contained in section 171g and is as follows :-whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, shall be punished with fine.this section clearly recognises that, at elections, there is bound to be propaganda ..... schedule is similar to section 171g and reads as follows :the publication by a candidate or his agent, or by any other person with the connivance of the candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
..... the object of the article 311(2) was that no government servant should be condemned unheard and dismissed or removed or reduced in rank without affording him at least some chance of either showing his innocence or convincing the disciplinary authority that the proposed penalty was too drastic and was uncalled for in his case and a lesser penalty should, therefore, be imposed ..... 7393, 1392 and 2022 of 1981) and all transferred cases, fiat is, writ petitions filed in high courts and transferred to this court, relate to railway servants who were either dismissed or removed from service by applying to their cases either clause (ii) of rule 14 of the railway servants rules or clause (b) of the second proviso to article 311(2) or clause (ii) of rule 14 read with clause (b) of ..... a delinquent railway servant must, therefore, be ex parte and where the disciplinary authority comes to the conclusion that the penalty which the facts and circumstances of the case warrant is either of dismissal or removal or reduction in rank, no opportunity of showing cause against such penalty proposed to be imposed upon him can be afforded to the delinquent government servant. ..... been preferred, or (v) any other authority not below the rank of a deputy head of department or a divisional railway manager in the case of a railway servant serving under its control, at anytime, either on his or its own motion or otherwise, to call for records of any inquiry and revise any order made under the railway servants rules. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543
..... of this act to any trustee, dharmakartha, mutawalli, any office-holder or servant including all offerings made in the premises of the temple or at such places as may be specified by the trustee, all prasadams and panyarams offered either by the temple or devotee, and such other kinds of offerings, all shares in the lands of the institution or endowment allotted or allowed to be in possession and enjoyment of any archaka, office-holder or servant towards remuneration or ..... in seshammal's case (supra) on which great reliance was placed and stress was laid by the counsel on either side this court while reiterating the importance of performing rituals in temples for the idol to sustain the faith of the people, insisted upon the need for performance of elaborate ritual ceremonies accompanied ..... a saivite temple, a vaishnavite cannot be an archaka and vice versa, though there is no bar for them worshipping either deity as a lay worshipper, therefore, any other archaka is not competent to do pooja in vaishnavite temple according to ..... similarly, the other group who is incharge of preparing prasadams will furnish either bank guarantee or property security to the satisfaction of the same additional district judge ..... this is the reason why hindus start adoring any deity either handed down by tradition or brought by a guru or swambhuru and seek to ..... erroneously, western scholars explained the vedic sacrifices in terms of either sympathetic magic or an act of offering the fire to gods emulating the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507
..... similarly, in the case of a promotee from class ii service defined under section 2(4) and found eligible, to be put in the list, appointed in the service as per the order in the list either under section 8(10) and put on probation under section 11(1), he becomes eligible to perform the duties of the post in class i service as executive engineer, though he is not member of the service as he was not appointed substantively to the ..... a promotion could be made in respect of a temporary post or for a specified period, but direct recruitment has generally to be made only in respect of a clear permanent vacancy, either existing or anticipated to arise at or about the period of probation is expected to be completed; (v) if promotions are made to vacancies in excess of the promotional quota, the promotions may not be totally illegal but would ..... adumbrates that if it appears to be necessary to promote an officer in public interest who does not possess such minimum service, the government may for reasons to be recorded in writing, either generally for a specified period or in any individual case, reduce the period specified in clauses (a), (b) or (c) to such an extent as it may deem proper. ..... other words, the proviso to clauses (a), (b) or (c) of sub-section (3) of section 9 gives elbow power to the government in an appropriate case either generally or in a case of any individual to relax the minimum period of service mentioned in the respective clauses as it is indeed proper and appropriate .....
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