Court : Supreme Court of India
Decided on : Dec-08-2003
Reported in : JT2003(10)SC144; 2003(10)SCALE51; (2004)1SCC612; 2004(2)SLJ234(SC); 2004(1)LC614(SC); (2004)1UPLBEC529
..... 34 (3) or the amended rules, the teachers have a right to continue till the age of 60. it went on to hold that in view of section 14(1)(b) of the specific relief act. the teachers were entitled to damages in the event of forced premature retirement. consequently, the appeal was rejected.8. this judgment is impugned before us.9 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-2003
Reported in : 2004(1)ALD41(SC); 97(2004)CLT411(SC); [2004(1)JCR76(SC)]; 2003(10)SCALE511; (2004)1SCC453
..... never be treated as an application within the meaning of order 21, rule 89 or 90; that the later application was filed is barred by limitation; that the section 5 of limitation act is not applicable in the instant case; that the deposit was not made within the prescribed date; that there is no evidence to the effect that the value of ..... sold in execution of a decree, any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest if such person, may apply to have the sale set aside on his depositing in court, - (a) for payment to the purchaser, a sum equal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-2003
Reported in : AIR2004SC428; 2004(1)ALD(Cri)637; 2004CriLJ815; JT2003(10)SC44; 2003(10)SCALE46; (2004)1SCC616
..... is absolute and cannot be fettered by any statutory provision such as sections 432, 433 and 433a of the code. this power cannot be altered, modified or ..... interfered with in any manner whatsoever by any statutory provisions or prison rules'.(underlined for emphasis)8. the governor, in terms of the dicta laid in the last noted case has to act on the advice of the ..... of the code, subject of course to section 433a, or where the clemency power under the constitution is invoked. but while exercising the constitutional, power, under articles 72/161 the president or the governor, as the case may, be, must act on the advice of the council of ministers. the power under articles 72 and 161 of the constitution .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-05-2003
Reported in : AIR2004SC390; 2004(1)ALD113(SC); 2004(5)ALLMR(SC)159; [2004(1)JCR79(SC)]; JT2003(10)SC401; 2003(10)SCALE461; (2004)12SCC306
..... his say that he is an illiterate person and/cannot put his signatures. this will clearly demonstrate that the respondent herein has not received the notice under section 12(2) of the act personally. if that is so, the notice upon the respondent was not duly served. the contention of the appellants on this ground, therefore, fails. ..... of the receipt of payment. it is undisputed that the application was received on 18.9.92. therefore, there was only one day's delay.10. section 18 of the act prescribes the procedure for reference to court and provides that every application for reference shall be made -- (a) if the person making it was present or ..... petition by setting aside the order dated 8.12.92 and directed the land acquisition officer to re-hear the question of maintainability of the application under section 18 of the act after affording an opportunity of hearing to the 1st respondent by adducing evidence. the land acquisition officer, thereafter, heard the matter afresh and rejected the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-2003
Reported in : 2004(1)BLJR502; 2004CriLJ842; 2004(91)ECC161; JT2003(10)SC273; 2003(10)SCALE533; (2004)1SCC337
..... questions correctness of judgment of a learned single judge of the orissa high court by which the respondent was acquitted of the charges under section 20(b)(i) of the narcotic drugs & psychotropic substances act 1985 (for short 'the act'). though the trial court found the respondent-accused guilty of offences, the high court held that the accusation was not established and, therefore .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-2003
Reported in : JT2003(10)SC156; (2004)ILLJ782SC; 2003(10)SCALE44; (2004)9SCC461; 2004(2)SLJ129(SC); 2004(1)LC608(SC)
..... regulations came to be operative. the said regulation was wade in exercise of powers conferred by clause (5) of sub-section (2) of section 58 of the reserve bank of india act, 1934 (for short the 'act'). the central board, of the employer-bank with the previous sanction of the central government made the regulations. the reserve ..... said regulations were framed with the sanction of the central government and are framed in exercise of the powers conferred by clause (1) of subsection (2) of section 58. if the central board recommended for changes in the pension regulations, sanction of the central government is mandatory. this aspect seems to have been lost sight ..... pension regulations. it also recorded a finding that there cannot be any doubt that resignation from service being not equivalent to dismissal or termination which are the acts of the management, is more akin to voluntary retirement. it held that as regulation 18 of the pension regulations was not attracted, the claim for pension .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-2003
Reported in : 2004(1)ALD(Cri)119; 2004(1)BLJR420; 98(2004)CLT4(SC); 2004(91)ECC194; 2004(1)JKJ3[SC]; JT2003(10)SC50; 2003(10)SCALE42; (2004)2SCC56
..... sustainable in law. (7) that an illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in section 50 of the act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search may be relied ..... conviction has been recorded only on the basis of the possession of the illicit article, recovered during a search conducted in violation of the provisions of section 50 of the act, it was illegal. it was further held that the omission may not vitiate the trial as such, but because of the inherent prejudice which would be ..... the accused-appellants.4. in support of the appeals, learned counsel appearing for the accused-appellants mainly focused on alleged non-compliance with the requirements of section 50 of the act. according to them, mere asking the accused as to whether they would like to be searched by the gazetted officer or the magistrate is not sufficient .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-2003
Reported in : AIR2004SC227; 2004(1)ALD(Cri)40; 2004CriLJ595; JT2003(10)SC58; 2003(10)SCALE389; (2004)1SCC339
..... , or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.'the object of this section seems as much to protect the minor children from being seduced for improper purposes as to protect the rights and privileges ..... by the accused-appellant, same cannot be a ground to discard her evidence. the courts below have rightly acted upon her evidence.6. next comes the question whether ingredients of section 363 and 366 ipc are made out.7. section 361, i.p.c. reads:'361. kidnapping from lawful guardianship. - whoever takes or entices any minor ..... kidnap such minor or person from lawful guardianship.explanation. - the words 'lawful guardian' in this section include any person lawfully entrusted with the care of custody of such minor or other person.exception - this section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2003
Reported in : 2004(1)AWC605(SC); JT2003(9)SC548; 2003(10)SCALE43; (2004)1SCC391; (2004)1UPLBEC855
..... certified foundation seeds; such exceptions have been notified by way of amendment to the schedule in exercise of the power of the state government under section 40 of the act. the high court took the view that when foodgrains of particular varieties were treated and subjected to chemical process for preservation, those grains become ..... and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder;22. under section 3 of the act, the central government has the authority to constitute a committee called the central seed committee to advice the central government and the state governments on matters ..... rakesh dwivedi, learned senior counsel appearing for the appellants that the first respondent being the purchaser/trader is liable to pay market fee under section 17(iii) of the act and that the contention of the respondent that they sell wheat and the entire transaction is of wheat within the market area of mandi .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2003
Reported in : 2004(1)ALD103(SC); 2004(1)CTC68; 2003(10)SCALE39; (2004)1SCC641
..... sought and made was beyond the statutorily fixed period, this court in mohammed hasnuddin v. state of maharashtra, : [1979]2scr265 held that the collector acting under section 18 of the act being a statutory authority exercising his own powers under the said provisions and that the making of an application for reference within the time prescribed by proviso ..... of that land together with solatium and interest, though limited to the amount of purchase price of which he was entitled to get for the land under section 18 of the tenures act and nothing more or less.16. in inder parshad's case, : (1994)5scc239 , this court, while dealing with the compensation payable and apportionment of ..... land had apportioned ten annas share in favour of the government and six annas share in favour of the appellants. aggrieved, the appellant sought reference under section 18(1) of the act. as a consequence of which, seven references came to be made. the state also sought for and got a reference made, as well.5. the .....
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