Court : Andhra Pradesh
Decided on : Oct-31-2003
Reported in : 2004(4)ALD261; 2004(3)ALT445
..... a decision of a court or tribunal which lacked jurisdiction.'in the light of the above legal position, we hold that the decision of the tahsildar under section 3 of the inams act as to the character of the wakf property which was upheld by the high court of andhra pradesh being one passed without jurisdiction, cannot operate as res ..... same bad attained finality. the learned counsel also had drawn the attention of this court to order 47, rule 1 of the code and section 11 of the code and also section 41 of the transfer of property act, 1882. the learned counsel would maintain that even if the decision is erroneous, the remedy is elsewhere and definitely not by way of ..... held that though the inams were abolished and the lands vested in the state government by reason of section 3(1) of the 1955 act, the rights and interests of landlord and tenant mentioned in section 3(2)(b) were preserved by section 33 inasmuch as section 3(2), clauses (d), (g), (h) and (i) did not come into effect until 1-7- .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-31-2003
Reported in : [2004(101)FLR853]; ILR2004KAR1619; (2004)IIILLJ164Kant
..... by the labour court that the termination of services of smt. nirmala bai on the ground that the same came to be in violation of provisions of section 25-f of the act is also unsustainable. this aspect of the matter has been completely overlooked by the learned single judge in the impugned order. on this short ground, the ..... submission of the learned government pleader that public works department is not an 'industry' and smt. nirmala bai is not a 'workman' within the meaning of section 2(s) of the act is concerned, we find considerable force in the said submission. even according to the evidence of smt. nirmala bai in the course of the proceedings before the ..... from 28th may 1985 her services came to be abruptly terminated without any prior notice and without payment of any compensation and in violation of the provisions under section 25f of the act. it is also the case of the federation that refusal to give work to smt. nirmala bai from 28th may 1985 is wholly unjustifiable, illegal and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-31-2003
Reported in : 2004(1)ALD643; 2004(3)ALT694
..... of a part of the property of which a share by way of partition is claimed the court fee is payable as required by sub-section (2) and not sub-section (1) of section 34(1) of the act.5. in, in re mathali goundar's, : air1952mad812 , case the same view was expressed by madras high court. in a. divakrupamani's case, cited ..... considered opinion that the learned judge had totally erred in upholding the objection of the office and directing the petitioner-plaintiff to pay court fee under section 34(1) instead of under section 34() of the act.6. in view of the same, the impugned order is hereby set aside with a direction to number the suit, if it is otherwise in ..... that the plaintiff is not in joint possession of the plaint schedule properties along with the defendants and hence, the court fee is payable under section 34(1) of the act and not under section 34(2) of the act, was upheld. as can be seen from the pleading, no doubt the plaintiff in the plaint had pleaded that she along with defendants .....
Tag this Judgment!Court : Orissa
Decided on : Oct-31-2003
Reported in : 2003(II)OLR637
..... , kasinath das and dinabandhu panigrahi should not have been superfluously dealt with and disposed of by opposite party no. 5 in as much as sub-section (3) of section 12 of the orissa prevention of land encroachment act, 1972 confers revisional jurisdiction to check illegality and impropriety in orders of settlement or denial of settlement land. therefore he should have verified and in ..... consideration to reject the recommendation of the opposite party no. 2. we do not find illegality in the impugned orders. the plot under encroachment belongs to reserve category therefore the act of denial of settlement of the said land with the petitioner is found not to be illegal, unjust or improper.6. the aforesaid contention of the petitioner relating to settlement .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-31-2003
Reported in : 2004(3)ALD605
..... seniority list. in other words, the learned judge was exercising the jurisdiction to consider the matter on merits in the contempt proceedings. it would not be permissible under section 12 of the act.'8. the learned advocate-general also refers to the judgment of a division bench of this court reported in prof. pannalal v. holy bharathi p.g. college ..... 2000 rejecting the request of the writ petitioner for grant of affiliation, therefore even if it is accepted that this court has no power under section 19 of the contempt of courts act, this court has the power under clause 15 of the letters patent.'9. so in the present case also the learned single judge passed an ..... in any public sector undertaking. this order, in our opinion, is wholly without jurisdiction and could not have been made in proceedings under the contempt of courts act or under article 215 of the constitution.4. the high court in the writ petition had issued a direction for the consideration of the respondent's representation by .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-2003
Reported in : 2004(1)MPHT362; 2004(1)MPLJ572
..... them with the approval of the authority. it is pointed out that the expression 'local authority' has not been defined in the act. 'local authority' has been defined in section 2(viii) of the act. section 2(viii)(2) states that 'local authority' means in the case of a local area other than a municipality, or a cantonment ..... samples of the food articles from the persons selling such articles or the persons who are dealing with such articles or a consignee. sub-section (2) of section 10 of the act specifically empowers the food inspector to enter and inspect any place where any article of food is manufactured or stored for sale, or stored ..... jabalpur including all the areas of municipal corporation, cantonment board and notified areas of district jabalpur. in the circumstances, the notification which was issued under section 24 of the act empowers the food inspectors to take the sample. in these circumstances, it is not necessary that the state govt. should itself issue notification and the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-31-2003
Reported in : 2004(1)ALLMR124; 2004(3)BomCR143; 2004CriLJ1205; I(2004)DMC414
..... however, that can be done only if similar provision exists in the high court rules. it appears that our high court has framed rules under section 34(1) of the advocates act, 1961, which are incorporated as appendix vi of the original side rules and schedule vii of part iii of the appellate side rules, respectively. ..... was clearly biased against the petitioner. the above allegations are clearly one of 'fact' confirmed by the advocates. the expression 'fact' has been defined in section 3 of the indian evidence act, 1872. to put it differently, all the allegations made in the communication, albeit by the petitioner, by itself, constitute criminal contempt and even the ..... day, i.e., 17th may 2003, by the following order:'heard mr. bhavsar advocate for the respondent. the order in question has been passed under section 26 of the hindu marriage act, granting interim custody from 17-05-2003 to 02-06-2003 to petitioner father. no ground for review. rejected.'5. accordingly, the aforesaid two .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-2003
Reported in : 2004(1)MPHT93; 2003(4)MPLJ590
..... structure has been extended to those cases which were 'pending before the courts' on the date of amendment. there was a proviso to section 41 of amending act. it reads 'provided that nothing in this section shall apply to cases pending in appeal'. the constitutional validity of this proviso has been examined by a division bench of this court in ..... therefore, we hereby strike down the proviso and issue a writ in the nature of mandamus directing that the proviso to sub-section (1) of section 41 of act no. 9 of 2001 'provided that nothing in the section shall apply to the cases pending in appeal' shall not be given effect to being violative of article 14 of the constitution ..... grams of charas. this was a small quantity as per notification dated 19-10-2001 of the central government. therefore, the appellant is punishable under section 20(b)(ii)(a) of the act with rigorous imprisonment for a term which may extend to six months or with fine which may extend to rupees ten thousand or with both. the .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-31-2003
Reported in : [2004(101)FLR1187]; RLW2004(2)Raj1087; 2004(1)WLC648
..... funds from the government of india as other autonomous or voluntarily organization or non-governmental organization receives; and alternative remedy under section 74 and section 92 of the multi-state co-operative societies act, 1984 is available to the petitioner; and the petitioner has misrepresented the facts as he was working with the society ..... the constitution of india.8. the instant writ petition is also not maintainable on the ground of availability of alternative remedy under sections 74 and 92 of the multi-state cooperative societies act, 1984. in u.p. state cooperative land development bank ltd. v. chandra bhan dubey and ors. (3), the apex ..... institutions such as the council of scientific and industrial research which are sponsored and controlled by the central government and registered under the societies registration act and the employees of such institutions have no standing to impeach circulars of the institution relating to service matters on ground of infraction of their .....
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Oct-31-2003
Reported in : (2004)49SCL421SAT
..... its power under regulation 12, initiate action for suspension or cancellation of registration of an intermediary holding a certificate of registration under section 12 of the act." the regulation provides that no such certificate of registration shall be suspended or cancelled unless the procedure specified in the regulation applicable ..... power under regulation 12, initiate action for suspension or cancellation of registration of an intermediary holding g a certificate of registrations under section 12 of the act; provided that no such certificate of registration shall be suspended or cancelled unless the procedure specified in the regulation applicable to such ..... its powers under regulation 12, initiate action for suspension or cancellation of registration of an intermediary holding a certificate of registration under section 12 of the act. provided that no such certificate shall be suspended or cancelled unless the procedure specified in the regulation applicable to such intermediary is .....
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