Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2974; JT2006(7)SC562; 2006(8)SCALE222; (2006)11SCC92
..... minority institution.27. it is interesting to note that the question as to whether the jains should be treated to be a minority under section 2(c) of the national commission for minorities act, 1992 came up for consideration before a three-judge bench of this court in bal patil and anr. v. union of india and ..... community which has different sects, sub-sects, faiths, modes of worship and religious philosophies. in various codified customary laws like the hindu marriage act, hindu succession act, hindu adoption and maintenance act and other laws of the pre- and post-constitution periods, definition of 'hindu' included all sects and sub-sects of hindu religions including ..... and you had assured that you will never repeat such mistakes and indiscipline in future. therefore, being the principal of school, i advise you to stop these acts of indiscipline and work as a model teacher.yours faithfully,sd/-(smt. kusum sharma)principalg. jr. high school, bal vidya mandir, etah copy forwarded to following .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2996; 2006(6)BomCR734; 2006(2)CTLJ212(SC); [2006(111)FLR1]; JT2006(7)SC554; (2006)IIILLJ773SC; 2006(8)SCALE245; (2006)7SCC330
..... was no master and servant relationship between the parties and the members of the union were not workmen within the meaning of the expression 'workman' under section 2(s) of the act. the high court was of the further view that the company had not established either that the members of the union were not workmen or that ..... or difference shall be referred to the decision of two arbitrators one each to be named by either party and thereupon all the provisions of the indian arbitration act (act x of 1940) or any other statutory modification thereof for the time being in force shall be applicable.9. it is to be noted that this court had ..... passed by the industrial tribunal, bombay (in short the 'tribunal') rejecting the reference made to it by the government of maharashtra under the industrial disputes act, 1947 (in short the 'act') on the ground that the respondent-union was not able to establish master and servant relationship between the alleged workmen represented by the union and the present .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : 2006(6)ALD103(SC); (2006)205CTR(SC)53; [2006(4)JCR89(SC)]; JT2006(8)SC328; 2006(8)SCALE161; (2006)6SCC613
..... the opinion of additional solicitor general of india who has certified that no substantial questions of law arise for determination by the high court under section 260a of the i.t. act. accordingly, it is submitted by the respondents that the writ petitions deserve to be dismissed with heavy costs.55. submissionsmr. ram jethmalani, learned ..... incomes which had escaped assessment as she had not filed her returns earlier. the assessee also applied for waiver of interest and penalty under section 273a of the i.t. act. in the voluntary returns, the assessee disclosed income derived from dairy farming, agriculture and rent from house property. upon receipt of returns for ..... given in the impugned decision of the tribunal for making such strong observations against the officers of the revenue. although the high court under section 260a of the i.t. act would not have enquired into the sufficiency of materials or substituted its judgment for that of the tribunal in regard to facts, nevertheless, if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : (2006)205CTR(SC)512; [2006]156TAXMAN512(SC)
..... the opinion of addl. solicitor general of india who has certified that no substantial questions of law arise for determination by the high court under section 260a of the income tax act. accordingly, it is submitted by the respondents that the writ petitions deserve to be dismissed with heavy costs.submissions7. mr. ram jethmalani, ..... incomes which had escaped assessment as she had not filed her returns earlier. the assessee also applied for waiver of interest and penalty under section 273a of the income tax act. in the voluntary returns, the assessee disclosed income derived from dairy farming, agriculture and rent from house property. upon receipt of returns for ..... the assessment years 1995-96 and 1996-97 the assistant commissioner issued notice of defecting (defective) returns under section 139 of the income tax act in which it was alleged that regular books of accounts were not maintained-, that, return was not accompanied by a statement indicating the amount .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... definition or connotation of these concepts. these concepts undergo changes with the passage of time. they cannot be decided etymologically by reference to dictionaries. sub-section (1) of section 20 of the rp act, 1950 clarifies that mere ownership or possession of a dwelling house at a certain place does not necessarily mean that a person is ordinarily residing there ..... seat' as used singly or together in articles 81(2)(b), 84, 101(2), and 330 held as under:. some articles of the constitution and some sections of the act refer to seats in connection with election to the house of the people. for instance, when article 81(2)(b) provides for the same ratio throughout the state ..... by one half of the states legislatures. on this premise, it has been submitted that it should follow, as a necessary corollary, that the change made in section 3, rp act, 1951 is one that no longer ensures, by parliamentary law, the representation of states in parliament, or in any case one that makes a change in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2006
Reported in : AIR2006SC2945; JT2006(8)SC547; (2007)2MLJ427(SC); RLW2007(1)SC359; 2006(8)SCALE399
..... after the second world war, however, certain information is available. a book edited by mr. bishweshwar dass was published titled 'combined inter-services : historical section : india and pakistan', wherein it has been stated that the government had accepted full responsibility for medicare of disabled ex-servicemen as also for their rehabilitation ..... the rejoinder affidavit unequivocally states that the objection raised by the union of india is incorrect. the confederation was registered under the societies' registration act, 1860. likewise, all associations which constitute the confederation are similarly registered individually. it is further stated that air force association and indian ex- ..... or occupations or the like. what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration. (emphasis supplied) 19. the principle laid down in anwar ali sarkar and budhan choudhry has been consistently followed and reiterated by this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-24-2006
Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756
..... was mandatory, such contract was to be warranted by the terms of the incorporation. the words 'ratified and adopted' have been dropped from the main section and in section 19 of the 1963 act, a proviso has been added that the company has accepted the contract and communicated such acceptance to the other party of the contract. an express ..... occupied or intended to be occupied as a separate dwelling, and(b) any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it [housing act, 1996 (c. 52 1996), section 6b(1)]in 'word and phrases, permanent edition, volume 19a, it is stated:the word 'building' necessarily embraces the foundation on which it rests; and the ..... court must decide what is the most appropriate form for the relief to take. the aim is (as sir arthur hobhouse said in plimmer v. mayor of wellington (1884) 9 ac 699 to 'look at the circumstances in each case to decide in what way the equity can be satisfied'. the court approaches this task in a cautious .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-2006
Reported in : AIR2006SC3098; 2006CriLJ4594; JT2006(8)SC171; 2006(8)SCALE560; (2006)10SCC595
..... completion of the investigation, charge sheet was submitted against both the accused viz. santosh kumar (appellant) and munim mishra.3. the learned sessions judge framed charge under section 376 ipc against both the accused, who pleaded not guilty and claimed to be tried. in order to establish its case, the prosecution examined 10 witnesses and filed ..... some documentary evidence. the appellant and co-accused munim mishra in their statements under section 313 cr.p.c. denied the prosecution case and examined two witnesses in their defence. the learned sessions judge believed the case of the prosecution and convicted ..... with due caution and care, accept, in the light of the other evidence on the record, that part of his testimony which he finds to be creditworthy and act upon it. if in a given case, the whole of the testimony of the witness is impugned, and in the process, the witness stands squarely and totally .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-2006
Reported in : AIR2006SC3346; [2007(1)JCR321(SC)]; JT2006(8)SC255; (2006)4MLJ1599(SC); 2006(8)SCALE575; (2006)8SCC433
..... of science, literature, art or any other branch of learning being declared as obscene literature as there is no specific provision in the act for exempting them from operations of those sections. the present provision is so vague that it becomes difficult to apply it. the purposeful omission of the definition of obscenity has led to attack of ..... public decency and morality. the crucial question therefore, is, 'what is obscenity?' the law relating to obscenity is laid down in section 292 of the indian penal code, which came about, by act 36 of 1969. under the present section 292 and section 293 of the indian penal code, there is a danger of publication meant for public good or for bona fide purpose .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-28-2006
Reported in : AIR2006SC3106; JT2006(8)SC293; 2006(6)KarLJ457; 2006(8)SCALE710; (2006)11SCC731
..... prescribed for director including managing director. neither any age limit for appointment is prescribed. these qualifications do not prescribe any age limit. section 8 of the act itself suggests that even a legal practitioner could be appointed as a director. the only limitation or disqualification is with regard to a serving ..... undergone several training programmes abroad in planning, appraisal implementation of water and sanitation projects and management development programme for senior public health engineers.section 4(2) of the act, 1973 mandates that the managing director shall possess the prescribed qualification and he shall be appointed by the government. rule 3 of ..... not complied with the above requirements, even after notice, contravened the above provisions of law. therefore in exercise of my powers conferred under section 10(b) of the act, i hereby order that the registration of the water supply & drainage board employees association, hubli bearing registration no. 544/85 be .....
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