Court : Punjab and Haryana
Decided on : Nov-20-1989
Reported in : AIR1990P& H288; (1990)97PLR155
..... the petitioner could not be described to be elected sarpanch as he never took oath of the office as required by s.9(l) of the act which reads as under:'section 9. oath and terms of office of panches and sarpanch and no confidence motion against sarpanch:-- (1) before entering upon the duties of his office ..... them; and property so seized shall be handed over as soon as possible to the panchayat secretary. (4) notwithstanding anything contained in this act, whoever, in contravention of the provisions of this section, wilfully evades the handing over of such records or property shall, on conviction by a judicial magistrate of the 1st class, be punishable with ..... petition no vacancy of sarpanch has accrued as is required by s. 10(1) of the punjab gram panchayat act, 1952 (hereinafter called 'the act'). s. 10(1) of the act is reproduced below, at this stage, for facility of ready reference:'section 10(1). filling of casual vacancies- (1) whenever a vacancy occurs by death, resignation or removal of .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-20-1989
Reported in : 1990CriLJ1057
..... to condone the delay in filing the appeal and shall treat the appeal as filed within the period of limitation subject to the condition that an application under section 5 of limitation act is filed along with the memo of appeal before the sessions judge, fatehpur within a period of one month from today. however in order to protect the ..... sentence of imprisonment for less than 7 years, the appeal would lie before the sessions judge and not to this court. in the instant case, appellant had been convicted under section 307, i.p.c. and sentenced to imprisonment for a term of 5 years' s.i. the legal position is transparently clear and it requires no reading between the ..... sentence authorised by law except, a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years'.from a combined reading of section 374(2) (3) and section 28(3), it is deducible that asstt. sessions judge is competent to pass a sentence not exceeding ten years and on a trial held by him in .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-18-1989
Reported in : 1991(2)BomCR609
..... petitioners and further the controller decided to take up the main application for eviction and more particularly when there had been no application under sub-section (4) of section 22 of the rent act. it is pertinent to note and by now i have sufficiently adverted that there are 3 opportunities given to a tenant to get over the ..... application. it is therefore not necessary to continue further proceedings. both the application dated 6-6-1980 and the application dated 17-10-1980 under section 32(4) of the act therefore deserves to be dismissed with costs.''the manner in which the matter of sufficient cause has been disposed of by the controller highlighted above is ..... government for short the department.as the rents were not paid regularly nor the amount of municipal tax for a long time by the statutory requirement of section 22 of the rent act, the petitioner served a notice dated 15th november, 1979 upon contesting respondents demanding of them the arrears of rent amounting to rs. 12,471.14 .....
Tag this Judgment!Court : Delhi
Decided on : Nov-17-1989
Reported in : 40(1990)DLT251
..... is implicit in the recital in the control orders that they were being made under s. 3 of the act that the central government had formed the requisite opinion within sub-s. (1) of that section. this disposes of the first four contentions.'this contention of the petitioners, thereforee, has to be negatived. ( ..... immersion water heater by the electrical appliances sectional committee. his argument was that plugs,sockets and switches were electrical wiring accessories and thus were not accessories of electrical appliances. he also referred to sub-heading (6) of heading no. 5 of the first schedule to the industries act which is : electrical cables and ..... into account and to this extent the proposed draft is modified from the original international standard. the preliminary draft is examined critically by the concerned sectional committee of the bureau of indian standards consisting of experts in the related area of technology and representatives of all concerned interests, for required changes/ .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-1989
Reported in : JT1989(4)SC481; 1989(2)SCALE1137; (1990)1SCC227; [1989]Supp2SCR209
..... in the definition of permissible area to emphasise the qualitative aspect of a land holding and the maximum limit of sixty acres its quantitative aspect.4. section 2(2) of the act defining small land-owner reads as follows:small land-owner means land-owner whose entire land in the state of punjab does not exceed the ' ..... computed each of the landowners were holding at the relevant date less than 60 acres. when these proceedings were pending simultaneously applications filed by the tenants under section 18 of the act for purchase of the surplus area were also been considered by the various authorities. when that matter came up before the financial commissioner, haryana, in surplus ..... land owned by their father bishao das in pakistan and consequently the permissible area of each of them is to be computed under the proviso to section 2(3) of the act and so computed the holding of each of the five were well below the permissible limit of 30 standard acres prescribed thereunder. the writ petition .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-17-1989
Reported in : 1991(2)ALT536; (1993)IIILLJ178AP
..... case where there was violation of principles of natural justice.11. as to the incidental point relating to alternative remedy, no doubt, section 41 or the 1966 act (section 48 of the new shops and establishments act) provides a right of appeal initially to the assistant commissioner of labour and then second appeal to the labour court. but it ..... entitled to contend that there is not only breach of bye-laws but that there is also 40 a breach of the provisions of the section 40(4) (or section 47(2) of the new act) and rule 20 of the a.p. shops and establishments rules, 1966, which deal with the procedure for conducting disciplinary enquiries. i ..... of india without directing the petitioner to file an appeal before the assistant commissioner of labour and then before the labour court under section 41 of the shops and establishments act, 1966 (now section 48 of the act of 1988) ? (3) whether a writ lies against a cooperative society under article 226 of the constitution of india treating the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-1989
Reported in : [1990]183ITR90(Raj)
..... to challenge the aforesaid finding recorded by the appellate assistant commissioner regarding partition and has submitted that the said finding is not in accordance with section 20(2) of the act from the order of the tribunal we find that the revenue did not assail the finding with regard to the partition of the hindu undivided family ..... the financial year ending on march 31, 1976, in respect of undisclosed income from other sources. in view of the definition of 'valuation date' contained in section 2(q) of the act, the latter date, i.e., march 31, 1976, has to be taken into consideration. the appellate assistant commissioner and the tribunal were, therefore, right in ..... was the year ending on september 30, 1968, and the question was whether the income from undisclosed sources declared by the assessee was taxable under section 68 or under section 69 of the income-tax act, 1961. relying upon the decision in baladin ram's case : [1969]71itr427(sc) , the patna high court held that the previous .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-1989
Reported in : AIR1991Raj40; 1990(1)WLN537
..... sanction of the state government make regulations not inconsistent with the provisions of the act of 1951. thus section 48 is not mandatory section and it is only an enabling section. it is not necessary to frame the rules and regulations under section 48 of the act and corporation can function without the rules. legislature in its wisdom has rightly ..... section 29 cannot be invoked as no regulations have been framed under s. 48 of the said act of 1951. section 48 of the act is an enabling provision under which the board may after consulation with the development bank and with ..... already granted to the petitioner. in the matter of realisation it is necessary to take the management and possession of the property under section 29 of the state financial corporation act, 1951.3. mr. bhandari appearing on behalf of the petitioner, with all vehemence at his command submitted that the provisions of .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-1989
Reported in : 1991ACJ150; AIR1990Raj152; 1990(1)WLN179
..... court to bring to the notice of the hon'ble chief justice that it is our duty on the administrative side to prescribe the manner of deposit. thus, section 173 of the act further curtails the rights of appeal or limits the right of appeal for one reason or the other. thus, the subordination of the motor vehicles tribunal is there ..... because of the provisions of section 110-d now 173 of the act of 1988.12. mr. gupta submitted that in some cases the revision has been converted in the writ petition. the powers under article 227 are very ..... at his command submitted that the motor accident claims tribunal is not a civil court, but it is a tribunal constituted under the motor vehicles, act, as such, is not subordinate to the high court under section 115, c.p.c. and the revision petition does not lie.on the other hand, mr. subhash jindal appearing on behalf of the petitioner .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-17-1989
Reported in : 1990(1)WLN572
..... referred two notifications. it can, therefore, be said that the definition of officer-in-charge of police station 'as welt as of police station was the same which is in section 2(o) and (s) respectively, in my opinion, therefore, it can be said that all the officers of the anti corruption department o rajasthan above the rank of ..... officer was posted. therefore there can be no doubt that in rajasthan there is anti-corruption police station at jaipur. police station is defined under clause (s) of section 2 of the new code and was also defined under the old code, and means any post or place declared generally or specially by the stats government, to be ..... order dated 14-3-1989 of the learned special judge for acd cases, jaipur, discharging the accused non-petitioner of the charge under section 161, ipc read with section 5(1)(d)(2) of the prevention of corruption act. the only ground on which the accused non-petitioner was discharged is that the charge-sheet could not be filed by the addl .....
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