Court : Supreme Court of India
Decided on : Nov-09-1989
Reported in : JT1989(4)SC410a
Ranganath Misra, J.1. Special leave granted.2. The short question in these appeals is as to whether the High Court was right in upholding the decision of the Uttar Pradesh Public Service Commission to re-hold the recruitment examination.3. On the requisition of the State Government the State Public Service Commission had undertaken the recruitment to the posts of Upper Zila Basic Shiksha Adhikari (Women), District Inspectress of Girls Schools/Associate Regional Inspectress of Girls Schools in Uttar Pradesh education Service -Junior Scale (Women Branch). The advertisement inviting applications from eligible candidates was published on May 5, 1985 and a corrigendum was published on June 8, 1985. The recruitment examination was in two stages - written and interview/personality test. After the written examination was over, on the basis of the results thereof successful candidates upto a base limit have to be called to be interviewed. On account of improper feeding into the computer some of...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-09-1989
Reported in : (1990)(30)LC39Tri(Delhi)
..... the expression 'perfumed oil' as under : "the expression 'perfumed oil' must connote an oil to which perfume has been imparted by way of positive and deliberate act and not as meaning an article which just happens to have perfume".11. in the light of above discussion, we are of the view that the products, in ..... appellants are manufacturing these products since more than 25 years and they were subject to control of food and drugs administration of maharashtra state under drugs and cosmetics act, 1940. as the said administration classified the products as 'cosmetics' and as central excise duty on cosmetics and toilet preparations and perfumed hair oil was imposed by ..... not discussing this aspect of the appeal.16. after coming into force of the cet act 1985, entire basis of the classification has changed. the appellants have produced a copy of the opinion given by the director general of health services (drug section) from a letter of the central board of customs & excise dated 18-3-1988 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-08-1989
Reported in : II(1990)DMC510
..... in the community of goja in the state of maharashtra. therein it was held that the adoption of a boy aged above 15 years is protected by section 10(iv) of the act as there was sufficient proof of such a custom in that community.9. in this case no custom has been pleaded nor proved on the basis of ..... land reforms cases, the parties will gain one standard holding. in those eases, the declarants are interested parties. in this connection it is relevant to notice section 10(iv) of the hindu adoptions and maintenance act, which reads as follows : '10. no person shall be capable of being taken in adoption, unless the following conditions are fulfilled, namely :-- (i) xx ..... of an attestor can be sufficient proof, and there is no necessity of calling for the attestors in compliance with the provisions of section 68 of the evidence act. it is true that the proviso to section 68 has no application to the case of a will and the application of examining one witness in proof of the execution when the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1989
Reported in : (1990)1MLJ457
..... , and the appellate court by judgment dated 31.8.1976, while confirming the conviction, modified the sentence with a direction to release the petitioner under section 4(1) of the probation of offenders act on his executing a bond in a sum of rs. 1,000 with two sureties for a like sum to the satisfaction of the chief judicial magistrate ..... was suspended from service on 6.6.1975 pending enquiry into the case. on 23.5.1976 the chief judicial magistrate, salem, convicted the petitioner and three others under sections 120-b, 420 and 511, i.p.c. and sentenced them to imprisonment till the rising of the court and to pay a fine of rs. 1,000 each ..... convicted of a criminal charge, he could not be said to be not liable to be dismissed in view of provisions of section 12 of the probation of offenders act when he is released under the beneficial provisions of that act.the factors taken note of by the appellate court in criminal proceedings to release the petitioner under the probation of offenders .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-08-1989
Reported in : JT1989(4)SC386; 1989(2)SCALE1157; (1990)1SCC324; [1989]Supp2SCR93
..... residence in the local area where he or members of his family can reside. those conditions being satisfied the certificate cannot be refused. a liberal construction of section 13-a1 of the act as it is being pressed upon us, would also enable unscrupulous landlords who cannot get rid of tenants to transfer their premises to ex-military men, as ..... of the armed forces to recover from a tenant possession of a building which he acquires after his retirement. acceptance of this argument will expose the very section 13-a1 of the act to a successful challenge on the ground of violation of article 14 of the constitution for if that were so, a retired military officer who has no ..... out to the respondent by his father in july, 1982, and upon his father dying in the following month the tenant attorned to the appellant.5. section 13-a of the act provides:where a specified landlord at anytime within one year prior to or within one year after the date of his retirement or after his retirement but within .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1989
Reported in : (1990)1MLJ163
..... bad.4. i have carefully considered the arguments of the learned counsel for the petitioner. in exercise of the powers conferred by sub-section (1) of section 3 of the commissions of inquiry act, 1952 (central act ix of 1952) a commission of inquiry consisting of a single member namely justice bhaskaran of this court has been appointed by the ..... a departmental inquiry against its officers.'in orient paper mills v. union of india : air1979cal114 the calcutta high court referred to section 3 of the act and held as follows: (at p.124)section 3 of the act has got two parts. it confers power upon the central government to appoint a commission if there exists definite matter of public ..... bhaskaran of madras high court and that the very appointment of the commission of inquiry is not in consonance of the provisions laid down under section 3 of the commissions of inquiry act, 1952. it is further stated that it is not for a definite matter of public importance but only for information to find out the .....
Tag this Judgment!Court : Chennai
Decided on : Nov-08-1989
Reported in : (1989)2MLJ385
..... compound interest, in the aforesaid circumstances, at 12% p.a. with half-yearly rests appears to be just and reasonable, especially when, on the facts, section 23(f) of the act stood attracted and the appellants have not exercised an option for payment of the net profits made by the respondent by the employment of the trust funds. considering ..... interest at 6% p.a., unless the court otherwise directs. as we have pointed out earlier, with reference to clauses (e) and (f) falling under section 23 of the act, there is no specification of the rate of compound interest, but it is stated that such interest would be at the same rate and that would enable the ..... committed breach of trust and he is, therefore, liable to make good the loss, the beneficiaries of the trust property had thereby sustained. the further provision under section 23 of the act is to the effect that such a trustee committing a breach of trust is not liable to pay interest except in the cases enumerated under clauses (a) to .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-07-1989
Reported in : ILR1990KAR346; 1990(1)KarLJ138
..... and sri g.p. shivaprakash, learned counsel for the new tenant urged the following contentions viz., that in the absence of a statutory notice as contemplated under section 27 of the act, the tenant was not entitled to claim his right of re-entry into the reconstructed premises. that the tenant had waived his right of reentry for valid consideration ..... the tenant's claim for re-entry. on the contrary sri c.v. subba rao, learned counsel for the tenant contended that no notice in writing under section 27 of the act was necessary in view of the alleged unequivocal undertaking by the landlord to put the tenant in possession of the newly constructed premises and the election by the ..... building and in all other respects the occupation will be on the same terms and conditions on which he occupied the earlier building. the basic object of section 27 of the act is to inform the landlord of the definite intention of the tenant to occupy the new premises with willingness to pay the fair rent and to abide .....
Tag this Judgment!Court : Chennai
Decided on : Nov-07-1989
Reported in : AIR1990Mad353; (1995)IIMLJ603
..... under the hire-purcha.se agreement, entered into by the second-defendant with the third-defendant or us predecessor in interest shall certainly come within the ambit of property. section 4 of the act, as a whole, reads as folows :'4. prohibition of the right to recovery property held benami (1) no suit, claim or action to enforce any right in ..... and the suit property itself was convexed to the plaintiff through a sale deed executed by the third defendant at the instance of the second-defendant. apparently, section 4(2) ol the act would apply. it is true that this is a suit which got instituted and in which decision has been rendered anterior to the coming into force of ..... counsel for the first-defendant have no relevance at all to the facts as they stand exposed in the present ease.11. then, submissions were made that section 4(3)(a) of the act would be attracted. the language ol the said provision is unambiguous when it speaks about the case where a person in whose name the property is held .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-07-1989
Reported in : ILR1990KAR498; 1989(3)KarLJ527
..... that, -'if there is a bona fide dispute between the parties as to the existence of such relationship between the parties, the court exercising special jurisdiction under section 8 of the act cannot decide that question; nor can the court proceed with the petition for eviction on the basis that such relationship exists between the parties. it is not ..... the eviction petition with liberty to file a fresh one. the instant petition is filed on similar grounds including the ground under clause (a) of section 21(1) of the act. it is thus seen that the denial of tenancy and the title of the petitioner was made for the first time by the respondent in the ..... directing the parties to establish their rights in a properly instituted suit.3. the petitioner has sought for eviction of the respondent on several grounds under section 21(1) of the act including the ground that the respondent had committed default in payment of rent to the extent of rs. 11,200/-. the respondent contested the said petition .....
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