Court : Supreme Court of India
Decided on : Dec-05-1989
Reported in : AIR1990SC405; [1990(60)FLR103]; (1990)1SCC411; [1989]Supp2SCR385
..... then) is an integrated one. at every stage in that process certain rights are treated in favour of one or the other of the candidates. section 16f of the act cannot, therefore, be construed as merely a procedural provision. it is true that the legislature may pass laws with retrospective effect subject to the recognised constitutional ..... by the director of education as required by section 16f(4) of the act. the high court directed the director of education to make selection and appointment. pursuant to the direction of the high court, the director made ..... director of education and anr. : (1983)illj502sc this court considered the validity of appointment of principal by the director of education made under section 16f of the u.p. intermediate education act 1921. the high court quashed the selection of principal on the ground that the appointment had been made by the selection committee and not .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-05-1989
Reported in : (1990)1CALLT265(HC),[1991]70CompCas262(Cal)
..... has no opinion but to pass the order in terms of prayer (a) of the petition. all parties and the official liquidator are to act on the signed copy of this dictated order ...' 9. the matter again, however, travelled to the court of appeal and the appellate court in ..... able to pay now if at all, and the company expressed its inability to pay anything. this shows that throughout the company has been acting in a dilatory manner. the order dated june 19, 1987, also speaks for itself and the conduct of the company would be apparent ..... creditor establishes such a claim even though prima facie, the question of the maintainability of the petition under the provisions of the companies act for winding up of the company cannot be doubted. at this juncture, it is to be noted that this burden lies on the ..... umesh chandra banerjee, j.1. the basic requirement of the provisions of section 434 of the companies act, 1956, is the existence of a debt due and payable by the company to the petitioning creditor .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1989
Reported in : AIR1991P& H12
..... of the parties the trial court came to the conclusion that in view of the provisions of thenorthern india canal and drainage act, 1873 particularly section 30(g) read with section 68 of the said act, jurisdiction of the civil court was barred. however, it also dismissed the application of the plaintiffs-petitioners for temporary injunction ..... challenged the orders of the authorities passed under the northern india canal and drainage act, 1873, in civil suit is contrary to law inasmuch as the jurisdiction of the civil court is barred under section 30(g) read with section 68 of the act (supra) which are reproduced as under:'30(g) bar of jurisdiction of the ..... superintending canal officer, ferozpur canal circle, forezepur cantt. under the northern india canal and drainage act 1873. along with the suit an application under order 39 rules 1 and 2 read with section 151 cpc and application under section 80(2) cpc were also filed. the trial court granted permission to the plaintiffs-petitioners to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-05-1989
Reported in : AIR1991P& H175
1. With the consent of the learned counsel for the parties, the appeal has been taken up for final adjudication.2. The plaintiff has come up in appeal gainst the order dated August 7, 1989 of the first appellate Court, which, on appeal, set aside the judgment and decree dated December 15, 1986 of the trial Court and remanded the case to the latter to redecide the same after permitting the parties to lead evidence on the issue framed by the first appellate Court and also on the other issues already framed.3. The facts:The plaintiff filed a suit for declaration to the effect that she was the owner of the suit land and for permanent injunction restraining the defendants from taking forcible possession from her. The suit land was owned by her father Shri Santa Singh, who expired on December I, 1982. He had no other issue except the plaintiff.4. Defendant No. 1 resisted the suit on the ground that the deceased executed wills dated April 21, 1969 and November 18, 1982, vide which he bequeath...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1989
Reported in : AIR1990SC548; JT1989(4)SC453; 1989(2)SCALE1269; (1990)1SCC311; [1989]Supp2SCR376; (1990)1UPLBEC209
..... type, together with their explanations, illustrations and exceptions, have the force of law, having been made by the government in exercise of the powers conferred by section 296 of the act, and, except where otherwise stated, are applicable to all municipalities. the notifications in which they were published are referred to on the margins of the ..... provision and provision, is, in the opinion of the state government, necessary.in prescribing the procedure for the imposition of taxes by the board, section 131 of the act requires the board while framing the proposal to prepare a draft of the rules which it desires the state government to make in respect of the ..... by the legislature. the taxes that can be raised in exercise of delegated power are predetermined and procedure is prescribed by the municipal act, thus section 128 of the u.p. municipalities act confers on the municipalities in the state the power to levy taxes enumerated there under. the power conferred is not absolute but is .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1989
Reported in : 1990(1)BomCR433
..... has been caused to him by the omission.22. the learned assistant government pleader urged that the prosecution could fall back upon the presumption under section 54 of the narcotics act. but that is the presumption from possession of illicit articles and before the presumption can be raised, it is necessary to establish that the ..... the provisions of the code of criminal procedure unless there is an inconsistency between the provisions of the code of criminal procedure and the narcotics act. it is noteworthy that section 42 does not cover all the contingencies but deals with the situation where the authorised officer has reason to believe from personal knowledge or ..... it was pointed out that the investigating agencies cannot and ought not to show complete disregard of such provisions as are contained in sub-sections (1) and (2) of section 15 of the act. the legislature in its wisdom provided special safeguards owing to the nature of the premises which have to be searched involving inroads on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1989
Reported in : AIR1990SC471; JT1989(4)SC498; 1989(2)SCALE1283; [1989]Supp2SCR722; 1990(1)LC417(SC)
..... court, before us, the short question that arises for consideration is whether a sub-tenant in possession of the property is entitled to adhivasi or sirdari rights under section 20 of the act. this section, in so far as it is material, reads thus :20 every person who-xxx(b) was recorded as occupant, xxx(i) of any land...in the ..... of the issue in the present case.14. learned counsel for the fourth respondent, however, contended that this respondent was disabled landholder within the meaning of section 10 read with section 157 of the act. he contended that she was entitled to become the owner of the plots in dispute and that the appellant could be no more than an asami in ..... respect of the same, in view of the provisions contained in sections 10, 21, section 157 of the act. this is a point which had been raised by the respondent in the writ petition. we find that, in the counter affidavit, the fifth respondent had .....
Tag this Judgment!Court : Kerala
Decided on : Dec-04-1989
Reported in : [1990]183ITR197(Ker)
..... hukumchand jute mills ltd. v. second industrial tribunal, : (1979)illj461sc . in fact, this aspect of the matter is discernible from the second proviso to section 36(1)(ii) of the act. certainly, the first proviso to section 36(1)(ii) will not be attracted to the case of payment of customary or contractual bonus.7. the assessee contended that the bonus was ..... the tribunal for the decision of this court.4. we heard counsel on both sides. the question that has to be decided is one under section 36(1)(ii) of the income-tax act. the above section reads thus :'36(1) the deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in ..... opinion that the tribunal has not adjudicated the matter in the true spirit of the provisions of law, particularly clauses (a) to (c) of the second proviso to section 36(1)(ii) of the act.8. in the circumstances, the specific aspect as to whether the bonus paid by the assessee may stand the tests specified in .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1989
Reported in : AIR1990Bom355
..... and delegation is in favour of the high authority, such a delegation cannot be said to be uncontrolled or unguided. the legislative policy of section 53(1)(vii) of the act is absolutely clear. it is to prevent the speread of aids in public interest. the authority to take decision in the matter of isolation ..... person to a hospital under four circumstances mentioned in sub-sections (i) to (iv).3. the act was made when goa was a union territory along with daman and diu. state of goa, soon after its formation amended the act by the goa public health (amendment) act, 1987), which was published in the official gazette on 17 ..... of the constitution of india.2. the act aims at advancing the public health. section 2(15) defines the term 'infectious disease' as meaning an infactiousdisease as defined in section 47 and includes notified diseases as defined in section 57. chapter vii relates to prevention, notification and treatment of diseases. section 47 enumerates the list of infectious diseases .....
Tag this Judgment!Court : Orissa
Decided on : Dec-04-1989
Reported in : 69(1990)CLT648; [1990]78STC475(Orissa)
..... that belief has failed to pay the tax at enhanced rate, it cannot be a case of 'fraudulent evasion', within the ambit of clause (c) of section 14(1) of the act. section 14(2)(b) must be interpreted to mean that in case of a fraudulent evasion, the levy of penalty would be double the amount of tax evaded ..... second submission of mr. lal is concerned, we, however, find sufficient force in the same. the second contention really centres round an interpretation of section 14(2)(b) of the act. under sub-section (1) of section 14, four different types of defaults are contemplated under clauses (a) to (d). if the default in question is covered by clause (a) ..... no infirmity in the same. the rival contentions require a careful examination of the provisions of the statute.4. for better appreciation of the point in issue, section 14 of the act is quoted herein below in extenso:'14. penalties.--(1) the proprietor of any entertainment who-- (a) admits any person for payment to any place of entertainment .....
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