Court : Chennai
Decided on : Jul-25-1989
Reported in : (1989)2MLJ124
..... public good. both the decisions have preceeded on the basis that the candidate has, no vested right. thereafter, it is open to given directions to a public authority to not act against rules and the principle of law upheld by the court. it is the cardinal duty of court to enforce the provisions of the ..... act, regulations, and rules in the manner as framed, and if they are found to be unreasonable, illegal or invalid, it is open to the court to strike down the rules. .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-26-1989
Reported in : [1990]69CompCas442(Cal),94CWN412
..... to do so, such non-compliance is ordinarily complete on the expiry of the period and is not a continuing offence. that was a case under the mines act, 1952, section 66 whereof enjoined submission of the annual return within the time prescribed and the supreme court rules (at p. 910) that since the relevant 'regulation does not ..... out any adequate reasons as to how those two decisions, under two other different enactments, could lead us to hold that the offences under section 162(1) and section 220(3) of the companies act are not continuing offences. no notice at all appears to have been taken of the observation in deokaran nenshi, : 1973crilj347 that a continuing offence ..... long it continues, the continuance of the default would be a 'continuing offence'.7. if that is so, then, looking at the provisions of section 162(1) and section 220(3) of the companies act, it would, in our view, be legitimate to hold that the offence punishable thereunder is and has been made a continuing one. as already .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-26-1989
Reported in : AIR1990P& H95
..... whereas under the above said rule, the licence could be cancelled inpublic interest, which according to the learned counsel, was ultra vires the act itself. i do not find any force in this contention.3. section 6 of the act does not give powers to the central government to make rules. it only provides for the powers of the central government to make ..... . it has been stated therein inter alia that in exercise of the powers conferred by ss. 5 and 7 and sub-section (2) of s.8 of the aircraft act, 1934, (xxii of 1934) and s. 4 of the indian telegraph act, 1855 (xxii of 1885), the central government is pleased to make the said rules. 4. faced with this situation, the ..... orders in emergency. the power of the central government to make the rules is provided under s. 5 of the act, which reads as under:--'1) the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-26-1989
Reported in : (1990)97PLR161
..... material alteration and their effect of diminishing the value and utility of the building no notice can be taken of such a plea. mere reproduction of the words of a section does not in itself constitute facts. non-disclosure of the facts by the respondent landlady in her petition has frustrated the very purpose of pleading viz. that the tenant be ..... otherwise also that on the other side of the shop in dispute the verandah was included in his shop by babu lal by constructing two walls in the verandah which act of said babu lal is alleged to have been condoned and accepted by the landlady. in view of these undisputed facts having come on record, it cannot be attributed to ..... on one side of the verandah and the only door of the shop was shifted in front of the verandah does not by itself lead to an inference that the act has materially impaired the value or utility of the building particularly when there is not an iota of evidence on record whether the wall has been constructed by digging out .....
Tag this Judgment!Court : Chennai
Decided on : Jul-26-1989
Reported in : (1989)2MLJ469
..... and permitted increases, if any, and observes and performs the other conditions of the tenancy in so far as they are consistent with the provision of the act. section 13 provides for exceptional cases in which the landlord can eject the tenant even though he had been paying rent regularly or be ready and willing to pay rent ..... both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona ..... to make such alterations or modifications as necessary for his purposes. the provision for requirement for purposes of demolition and reconstruction is found in section 14(1)(b) of the act. under that sub-section, the controller shall, if he is satisfied on an application made by the landlord that the building is bona fide required by the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-26-1989
Reported in : 1989CriLJ2452
..... ends including the period of interval. this provision of the rule, if violated, is made punishable under section 10 of the kerala cinemas (regulation) act, 1958, hereinafter referred to as the act'. in view of this specific provision in the act, learned counsel submits that the action of petitioners in switching off the airconditioning unit can at best ..... of film censors, the exhibition of the film was held to be one not falling within the purview of section 292, i.p.c. i fail to understand how this decision will help the petitioners. the act and the rules enjoin them to commission the airconditioning system through out the show including the period of interval. ..... unit is switched off, the action of the petitioners will amount to cheating and they are liable for punishmen under section 420, i.p.c. learned counsel would contend that petitioners had not by any overs act disnonestly induced customers to purchase tickets by giving higher fare to have entry into the theatre. hence, it is .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-27-1989
Reported in : AIR1990All108
..... not. the full bench decision of this court in state of u.p. v. radhe raman agrawal (air 1987 ah 272) (supra) was approved.8. a bare reading of sub-sec, (ix) of s. 4 leaves no room for doubt that where there is a building with a dwelling unit, the extent of land occupied by the building and the land ..... , (supra), it has been held while interpreting s. 2(g)(i) and (ii) read with s. 4(9) as follows:'in the ultimate analysis the position is quite clear that section 4(9) contemplates that if a person holds vacant land as also other portion of land on which there is a building with a dwelling unit, the extent of land ..... provisions of the statutes have to be read together and same principle applies to read every part of the same section. in other words the interpretation must be texual and contextual. no doubt in such matters where actually general provisions of the act have to be interpreted, either building has been constructed in accordance with the buildingregulations or other wise, what is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : AIR1989SC1778; JT1989(3)SC305; 1989(2)SCALE1450; (1989)3SCC558; [1989]3SCR560; 1989(2)LC521(SC)
..... made in such revision application as set out above, shall be subject to any order passed by the state government under section 7f of that act. sub-section (d) of section 2 of the u.p. rent act of 1947 gives an inclusive definition of the term 'district magistrate' and states that the said term would include an officer ..... the general public for the regulation of idling and rent of, and the eviction of tenants from, certain classes of buildings situated in the urban areas. section 21 of this act provides for release of a building under occupation of the tenants, that is, very briefly, for the eviction of tenants from the buildings under tenancy ..... revision petition against that said order was dismissed by the commissioner, rukhilkhand division, as we have already pointed out earlier. the order passed under section 7f of the u.p. rent act of 1947 by the state government also dismissed the revision petition preferred by the tenant to the state government. the order of the state government .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : JT1989(3)SC231; 1989(2)SCALE99; (1989)4SCC43; [1989]3SCR569
..... 324, 504, 114 ipc, 135(1) b.p compounded 2. maninagar 120/86 sections 336, 337, 427, 114 ipc compounded 3. kagdapith 225/87 section 135(1) b.p. conviction 4. maninagar 122/86 sections 307/451, 147, 148, 149, 436, 440, not proved 120b ipc 258 arms act, 3, 4, explosive. 5. maninagar 33/88 secs. 324, 504, 114 under in- ipc, 135(1 ..... ) b.p. act investigation. 6. kagdapith 51/88 307, 232, 114 ipc, under 135(1 ..... ) b.p. act, investigation. 7. kagdapith 81/88 326, 114 ipc .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1989
Reported in : JT1989(3)SC228; 1989(2)SCALE77; (1989)4SCC55; [1989]3SCR591; 1990(1)LC11(SC)
..... paragraph 4(d) of the plaint, plaintiff pleaded that the suit land was not 'land' and was not banjar (waste) and did not come within section 154(1)(i) to (vii) of the act and, therefore, there was no vesting in law. the proprietor, according to the plaintiff, grew fuel wood and partly used the property as ghat wars ..... . 4. the only other submission advanced on behalf of the plaintiff for our consideration is that the disputed property did not constitute 'land' as defined in section 3(13) of the act and, therefore, the right, title and interest of the appellant as proprietor of the property was in no way affected by the provisions of the ..... the case of haiti v. sunder singh : [1971]2scr163 settled the legal position that a claim under section 11 of the act for declaration of bhumidari right was not maintainable in the civil court in view of section 185 of the act read with schedule i and exclusive jurisdiction for adjudication of such claims vested in the appropriate revenue court. .....
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