Court : Supreme Court of India
Decided on : Oct-03-2002
Reported in : AIR2002SC3588; [2003(1)JCR194(SC)]; JT2002(7)SC578; 2002(7)SCALE217; (2002)8SCC715
..... . v. state industrial and investment corporation of maharashtra ltd. : [1993]1scr340 where there was inconsistency between two special laws, the finance corporation act, 1951 and the sick industries companies (special provisions) act, 1985. the latter contained section 32 which gave overriding effect to its provisions and was held to prevail over the former. it ..... (g) of the said section. we have noticed that the commission in exercise of its power under section 58 of the 1998 act has framed the regulations. regulation 42 in chapter iv directs that the commission shall without prejudice to the generality of its powers keep in view the principles enumerated in sub-clauses (a ..... of dhulabhai and ors. the state of madhya pradesh and anr. : [1968]3scr662 , a constitution bench of this court held:'challenge to the provisions of the particular act as ultra vires cannot be brought before tribunals continued under that act. even the high court cannot go into that question on a revision or reference .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-24-2002
Reported in : 2003(2)ARBLR259(Gujarat)
..... ad interim order and the legislature has not contemplated an appeal against the said order under section 37 of the act. in support of the aforesaid contention he has relied on the judgment of this court in the case of sundaram finance ltd., chennai v. govind swamp mittal, air 1999 gujarat 74=1999(1) arb. lr 460 (gujarat) particularly para ..... questions for a smouldering one. --ambrose bierce'(new dimensions of justice by hon'ble mr. justice j.s. verma, in the article 'courts and the arbitral process' in chapter 17 on page 121).11. the difference between ordinary court of law and international commercial arbitration has been able to put by mr. n.a. palkhiwala in his book, we ..... the nation in chapter 'international arbitration v. litigation in law courts' on page 205. at page 209 it is noted thus :'to sum up, a court of law is a rolls royce .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-20-2002
Reported in : AIR2002Raj293; 2001(1)WLC709
..... for making nominations in forms 'a' and 'b' prescribed for the purpose by the commission under para 13 of the election symbols (reservation and allotment) order, 1968. the said para 13 of the symbols order has also been amended by the commission accordingly.15. as a result of the aforesaid amendments made to the forms of ..... of the rules of 1961 and all other powers enabling it in this behalf, the election commission of india has issued the election symbols (reservation and allotment) order, 1968 (hereinafter to be referred to as 'the symbols order'). the order provides for allotment of symbols to the contesting candidates, for classification of symbols into reserved symbols ..... by the returning officer having regard to the other provisions of that act.'24. so are the instructions for the guidance of the returning officerscontained in the handbook for returning officers, 1998 vide papers 10.3.(iii),10.3 (iv) and 10.3 (vii) of chapter vi as under:--'(iii) if a candidate has filed one nomination .....
Tag this Judgment!Court : Chennai
Decided on : Sep-06-2002
Reported in : (2002)3MLJ513
..... the case may be, should be afforded reasonable facilities to function effectively and in a meaningful manner. that requires substantial funds. under the label of self financing institutions, the colleges should not be permitted to hike the fees to any extent in order to meet the expenses to provide the infrastructure and for appointing ..... guaranteed to the individuals under part iii could be enjoyed by all. without making 'right to education' under article 41 of the constitution a reality the fundamental rights under chapter iii shall remain beyond the reach of large majority which is illiterate.. ... ... ... (12) 'right to life' is the compendious expression for all those rights ..... which is not less than two academic years commencing the academic year 1967-1968 or any earlier academic year from any university in india which is recognised for the purposes of this act by the bar council of india.27. under part-ii, chapter-111 of the bar council of india rules, the council is empowered to .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-08-2002
Reported in : AIR2003Bom41; 2003(1)ALLMR1016; 2003(1)BomCR218
..... take note of the following ruling of the full bench in 'ramabai govind' (supra), while dealing with the issue regarding classification of preliminary decrees :--'in rule 1 in chapter 12 of volume 1 of the manual (at page 145, 1940 edn.), preliminary decrees are divided into two classes those in which further action for final decrees has to ..... conferred upon them under the statute under which such statutory bodies are created. the decision of the apex court in dhulabhai v. state of madhya pradesh, reported in : [1968]3scr662 is very clear in that regard.37. their lordship of privy council in secretary of state v. mask and co. has held that the exclusion of the jurisdiction ..... tribunal created by a statute, even if its order is, expressly or by necessary implication made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions.'39. the fall out of above discussion is that in cases of contravention of provisions of law or transgression of law .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-03-2002
Reported in : 2002(5)ALD294
..... the title of some one who is not in existence and for whom, if in existence, he would be a trustee'effect of declaration :--a declaration made under this chapter is binding only on the parties to the suit, persons claimingthrough them respectively, and, where any of the parties are trustees, on the persons from whom, if in ..... my attention to order i, rule 3 and also order 1, rule 9 cpc in this regard and also had placed reliance on vamamamlai thevar and ors. v. narayana pillai, 1968 mlj 622, chuba temsu ao v. nangpongcr, air 1994 gau. 110, subbaraya v. seetha ramuswamy air 1933 mad. '664, n. venkaieswarly v. p.pullamma. : air1994ap87 . the ..... deceased. all such persons would be covered by the expression 'legal representative.'it is no doubt true that in the peculiar facts and circumstances the 2nd appellant is acting in dual capacity - one as the legal representative on record only for the purpose of prosecuting the litigation and another in contesting the litigation on the ground that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2002
Reported in : AIR2003SC724; 2003(2)ALLMR(SC)389; 2003(51)BLJR324; [2003(1)JCR105(SC)]; JT2002(9)SC200
..... lyster, cambridge,grotius publications ltd. 1985 edn.)28. the united national general assembly adopted on october 29, 1982.the world charter for nature. the chapter declares the awareness that: '(a) mankind is a part of nature and life depends on theuninterrupted functioning of natural systems whichensure the supply of energy ..... the book 'law and environment' by p.leelakrishnan. 22. the economic and special council of the united nations passed aresolution on 30th july, 1968 on the question of convening an internationalconference on problems of human environment. in the united nationsconference on human environment at stockholm form 6th to 16th ..... in construing thedomestic law. it is, therefore, necessary for the government to keep in viewthe international obligations while exercising discretionary powers under theconservation act unless there are compelling reasons to depart therefrom. 45. the united nations conference on human environment held instockholm during june 1972 brought into focus .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-28-2002
Reported in : 2002(4)ALLMR484; 2002(6)BomCR569; 2002(4)MhLj113
..... or ouster of thejurisdiction of the civil court such exclusion or ouster cannot be lightly inferredand cannot be held to be implicit. no doubt in chapter xii of the act, section 74refers to tribunal of arbitration to decide certain disputes regarding serviceconditions. relevant sections 73 and 74 are reproduced hereinbelow for readyreference.73. (1 ..... alternative remedy to a party aggrieved by an order made under it. in dhulabhai and ors. v. the state of madhya pradesh and anr., : [1968]3scr662 , it was noticed that where a statute gives finality to the orders of the special tribunals jurisdiction of the civil courts must be held to be ..... ) except as otherwise provided by or under this act, the vice-chancellor and every salaried officer and teacher of the university shall be appointed under a written contract, which shall be lodged with the registrar .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-05-2002
Reported in : 2002(4)MPHT360; 2002(3)MPLJ504
..... ratio of the judgment section 100a will cover the appeals under section 96 of cpc or appeals under any other provisions of special act namely-- motor vehicles act, workmen's compensation act and other acts. thus, the ratio laid down in this case clearly indicates that after the appellate order of the single bench no further appeal ..... initiated under a repealed statute. in this case a suit was filed in the year 1960 under the portuguese civil procedure code. suit was decreed in the year 1968 and thereafter appeal was preferred before the court of judicial commissioner within ninety days. preliminary objections were raised that according to portuguese code the appeal was to ..... repealing clause in sub-section (4) of section 217, the apex court held that it has preserved the general application of section 6 of general clauses act. the act does not expressly or by necessary implication make the proviso to section 173 retrospective in operation.12. in the case of baddula lakshmaiah and ors. v. .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-2002
Reported in : 2003(1)AWC628
..... in fact when a lis commences, all rights and obligations of the parties get crystallized on that date. the mandate of section 6 of the general clauses act is simply to leave the pending proceedings unaffected which commenced under the unrepealed provisions unless contrary intention is expressed. we find clause (c) of section 6, refers ..... any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty. forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.' 25. the opening words of section 6 specify the field over which it is operative. it is operative over all the enactments ..... sections and give the intention of the legislature. in case of revisions, such intention has not been expressed. it is submitted that after the amendment by amending act no. 46 of 1999, the powers of saving revisions have been restricted, and there is significant restriction on the powers of the high court. after the amendment .....
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