Court : Supreme Court of India
Decided on : Mar-12-2003
Reported in : AIR2003SC3428; 2003(3)AWC1850(SC); 2003(2)BLJR1316; [2003(97)FLR338]; 2003(1)JKJ685[SC]; JT2003(3)SC164; 2003(3)SCALE235; (2003)4SCC753; [2003]2SCR992; 2003(3)SLJ213(SC)
..... be obtained. (c) non-gazetted officers and men of all ranks shall be enrolled subject to sub-rule (b) above by the commandant in the manner prescribed in section 5 and be appointed by him as members of the force after such period of training as he may consider necessary. rule 27: procedure for the award of punishment. ..... capacity as the assistant secretary of the state board, could terminate the service of the concerned employees in view of section 14(3)(iii) of the assam elementary education act (no. 30) of 1962 read with section 18 of the assam general clauses act (no. ii) of 1915. it was held that as the assistant secretary did not have complete power to ..... and on the basis of a departmental enquiry held under the central reserve police force rules, 1955 (in short 'the rules') framed under central reserve police force act, 1955 (in short 'the act') was dismissed from service, in terms of an order dated 26.6.1980 passed by the deputy inspector general of police (in short 'the dig'), said .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-12-2003
Reported in : AIR2003MP256; 2003(4)MPLJ503
..... 2 to continue in possession for last 45 years hence rights are perfected by prescription, action for ejectment having not initiated within the prescribed period of limitation under section 120 of the limitation act, 1963 has arisen and civil court is already in seisin of the matter for more than 4 years civil suit is pending. thus, in my opinion, ..... the respondent. the apex court held thus :'7. it seems to us clear from these provisions that the summary remedy for eviction which is provided for by section 6 of the act can be resorted to by the government only against persons who are in unauthorised occupation of any land which is 'the property of government.' xx xx xx ..... by the apex court in govt. of andhra pradesh v. thummala krishna rao, air 1982 sc 1081. the apex court has held that though the provisions of section 6 of the act provided for the summary remedy for eviction can be resorted to by the government only against persons who are in unauthorised occupation of any land which is 'the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-12-2003
Reported in : AIR2003SC4017; JT2003(3)SC159; 2003(3)SCALE171; (2003)5SCC283; [2003]2SCR951; (2003)2UPLBEC1194
..... cent total reservation had been applied. this order in effect respected the rule of 69 per cent devised by the government of tamil nadu - and sanctioned by the tamil nadu act 45 of 1994 - while, at the same time, removing the grievance of the general category candidates by creating additional seats for them for that year. in other words, the ..... constitutional validity of the provisions of the said act was challenged before this court in slp (c) no. 13526/1993. pending final orders, an interim order was passed on 18.8.1994. essence of the order is being ..... the state of tamil nadu. prior to its enactment, the ratio of admission was as follows:open category 50% bc/mbc 31% sc 18% st 1%after enactment of the act, the communal reservation to be followed in the admissions was 31% to open competition candidates, while the rests 69% was allotted to bc, mbc, sc and st candidates. .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2004(1)MhLj487
..... complainant or the substance of the examination recorded by the magistrate in view of section 200 of the code. the intention is very much lacking which is the soul of the definition of criminal intimidation. the intention can be gathered by the words uttered, sentences uttered and the act which follows such utterances. it can be gathered by surrounding circumstances also. how ..... not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.'here the allegations have been hurled at random in a scattered way. no ingredients as indicated by section 503 defining criminal intimidation has been brought in picture either by .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-2003
Reported in : 2003(3)ALD427; 2004(4)ALT185
..... he could not have approached the returning officer for recount. the only remedy, therefore, available to the appellant was to file an election petition. 14. in view of section 122 and the rules, we are unable to agree with the ratio laid down in ram rati case. it is not correct to hold that, in an election petition, ..... the apex court are that the jurisdiction of high court to issue a writ of certiorari is a supervisory jurisdiction and the court exercising it is not entitled to act as an appellate court. this limitation necessarily means that findings of fact reached by the inferior court or tribunal basing on the appreciation of evidence cannot be reopened ..... it, or as a result of failure to exercise jurisdiction. a writ can, similarly, be issued where in exercise of jurisdiction conferred on it, the court or tribunal acts illegally or improperly, as for instance, it decides a question without giving an opportunity to be heard to the party affected by the order, or where the procedure .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-12-2003
Reported in : I(2004)ACC106
..... . dahiya, the learned counsel, has contended that the multiplier of 21 applied by the tribunal was much in excess of that visualised in the schedule given to the motor vehicles act and was even contrary to the express directions of the hon'ble supreme court and a multiplier of 17 would be a suitable one. this assertion is correct. in this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-12-2003
Reported in : 2003(88)ECC11; 2003(154)ELT12(SC)
..... the order by which respondent is aggrieved is the order passed by the superintendent. an appeal against that order has to be filed before the commissioner (appeals) under section 128. by virtue of section 129a, cegat has no jurisdiction to entertain such an appeal.5. it is clear that the impugned order is passed without any jurisdiction. therefore, it cannot be sustained .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-12-2003
Reported in : AIR2003SC2041; 2003(3)AWC1853(SC); (2003)3CALLT52(SC); [2004(2)JCR16(SC)]; JT2003(3)SC183; (2003)IILLJ531SC; RLW2003(4)SC509; 2003(3)SCALE220; (2003)4SCC557; [2003]2SCR968;
..... a great extent on the fact and circumstances of that case, the frame-work of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative at has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. expression 'civil consequences' ..... speaking for the judicial committee of privy council, used the phrase 'the requirements of substantial justice', while in arthur john specman v. plumstead district board of works (1884 (10) ac 229, earl of selbourne, s.c. preferred the phrase 'the substantial justice', while in arthur john specman v. plumstead district board of works ..... 1884 (10) app.case 229, earl of selbourne, s.c. preferred the phrase 'the substantial requirement of justice'. in vionet v. barrett 1885(55) ljrd 39, lord .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-12-2003
Reported in : (2003)4GLR252
..... rectify any defect or irregularity pointed out by the auditor. it also empowers the registrar to make order directing the society or its officers to remedy the defects. section 86 of the act empowers the registrar himself or by a person authorized by him to hold an inquiry into the constitution working and financial condition of a society of his own motion ..... a special provision, the liquidator could not have made an order of recovery under section 110 of the act.' mr.patel has submitted that provisions under section 96 of the act are also general provisions. considering the special provisions contained in section 93 of the act, the suit under section 96 of the act was not maintainable. i am unable to agree with this contention also. it is .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-2003
Reported in : 2003(6)BomCR775
S.G. Mahajan, J.1. By this miscellaneous civil application the applicant, who is the original revision-petitioner is Civil Revision Application No. 402 of 2002, is seeking review of the judgment & order passed by this Court on 16th August, 2002 in the said revision application.2. The applicant is the tenant and the non-applicants are the L.Rs. of the deceased landlady. By the notice dated 26-5-1994 the landlady terminated the tenancy of the applicant/tenant with effect from the midnight of 10-7-1994 and 11-7-1994. The landlady thereafter filed a suit for recovery of possession, being Small Causes Suit No. 59/94, in the Court of Joint Civil Judge Senior Division, Yavatmal. The learned Joint Civil Judge, Sr. Dn., Yavatmal held that the notice issued by the landlady was valid. He accordingly passed the decree for the recovery of possession and for payment of damages & mesne profits. The applicant/tenant thereupon preferred Regular Civil Appeal No. 55 of 1997 which came up for hearing befo...
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