Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
..... above acts were repealed by the government of india act of 1915 ..... rules, like rule 55 referred to above, was bodily lifted out of the rules and together with an additional opportunity embodied in section 240(3) of the government of india act, 1935 so as to give a statutory protection to the government servants and has now been incorporated in article 311(2) so as to convert the protection into a constitutional safeguard.67. ..... nor could any law provide for the exercise of that pleasure by an office with the result that pleasure by any officer with the result that statutory rules governing dismissal are binding on every officer though they were subject to the overriding pleasure of the governor. ..... rule of construction of statutes that where two interpretations are possible, one of which would preserve and save the constitutionality of the particular statutory provision while the other would render it unconstitutional and void, the one which saves and preserves its constitutionality should be adopted and the ..... service to govern such parts of india as were under the dominion of the east india company and macaulay's report on recruitment to the indian civil service provided the inspiration for the report of 1854 on the organization of the permanent civil service in britain which recommended recruitment by open competitive examination, the selection of higher civil servants on the basis of general intellectual attainment, and the establishment of a civil service commission to ensure proper .....
Tag this Judgment!Court : Jharkhand
..... court at goa bench for a declaration that the report of justice shah commission is illegal and for quashing the findings in the report as also for quashing the order dated 10.09.2012 of the government of goa suspending the mining operations in the state of goa and the order dated 14.09.2012 of the ministry of environment and forest, government of india directing that environmental clearances granted to the mines in the state of goa ..... of the notification of this amendment, shall be deemed to have been extended by a further period of two years from the date of coming into force 48 of this amendment or till the state government passes order thereon or the date of expiry of the maximum period allowed for first renewal, whichever is the earliest: provided further that the provisions of this sub-rule shall not apply to renewal under ..... of such power on the part of the state government after coming into force of the mines and minerals 2 (development and regulation) (amendment) act, 2015 (hereinafter to be referred as amendment act, 2015 ) and the judgment rendered by the apex court in the case of common cause versus union of india & ors in writ petition ..... shah commission shows that cto was to be taken immediately after 23.01.2007 for starting production in which the lessee failed and continued its mining and production violating the statutory conditions as made in the moef letter for grant ..... act consistent with the repealed act ..... under section 58 of the repealed act, renewal of a permit is .....
Tag this Judgment!Court : Jharkhand
..... court at goa bench for a declaration that the report of justice shah commission is illegal and for quashing the findings in the report as also for quashing the order dated 10.09.2012 of the government of goa suspending the mining operations in the state of goa and the order dated 14.09.2012 of the ministry of environment and forest, government of india directing that environmental clearances granted to the mines in the state of goa ..... of the notification of this amendment, shall be deemed to have been extended by a further period of two years from the date of coming into force 48 of this amendment or till the state government passes order thereon or the date of expiry of the maximum period allowed for first renewal, whichever is the earliest: provided further that the provisions of this sub-rule shall not apply to renewal under ..... of such power on the part of the state government after coming into force of the mines and minerals 2 (development and regulation) (amendment) act, 2015 (hereinafter to be referred as amendment act, 2015 ) and the judgment rendered by the apex court in the case of common cause versus union of india & ors in writ petition ..... shah commission shows that cto was to be taken immediately after 23.01.2007 for starting production in which the lessee failed and continued its mining and production violating the statutory conditions as made in the moef letter for grant ..... act consistent with the repealed act ..... under section 58 of the repealed act, renewal of a permit is .....
Tag this Judgment!Court : Jharkhand
..... court at goa bench for a declaration that the report of justice shah commission is illegal and for quashing the findings in the report as also for quashing the order dated 10.09.2012 of the government of goa suspending the mining operations in the state of goa and the order dated 14.09.2012 of the ministry of environment and forest, government of india directing that environmental clearances granted to the mines in the state of goa ..... of the notification of this amendment, shall be deemed to have been extended by a further period of two years from the date of coming into force 48 of this amendment or till the state government passes order thereon or the date of expiry of the maximum period allowed for first renewal, whichever is the earliest: provided further that the provisions of this sub-rule shall not apply to renewal under ..... of such power on the part of the state government after coming into force of the mines and minerals 2 (development and regulation) (amendment) act, 2015 (hereinafter to be referred as amendment act, 2015 ) and the judgment rendered by the apex court in the case of common cause versus union of india & ors in writ petition ..... shah commission shows that cto was to be taken immediately after 23.01.2007 for starting production in which the lessee failed and continued its mining and production violating the statutory conditions as made in the moef letter for grant ..... act consistent with the repealed act ..... under section 58 of the repealed act, renewal of a permit is .....
Tag this Judgment!Court : Supreme Court of India
..... . we may also mention here that the finding by the full bench that continuation of directions to be given by the central government by virtue of entry 44 in the union list, the board being an inter-state body corporate by virtue of section 72 of the act of 1966, also can not sustain as, in our view, if the states might adapt, modify or repeal the act of 1925, the board, which is an inter-state body corporate, shall no more remain an inter-state body corporate and ..... general provision as to statutory corporations-(1) save as 7 for short, the 1957 act 7 otherwise expressly provided by the foregoing provisions of this part, where any body corporate has been constituted under a central act, state act or provincial act for an existing state or to a new state, then, notwithstanding such transfer, the body corporate shall, as from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately ..... union of india & ors.16 to contend that the state legislature is competent to enact a law in respect of the 1925 act when the state of punjab nominated members to the judicial commission constituted under the 1925 act.26. .....
Tag this Judgment!Court : Jharkhand
..... apparent from the pleadings in the present case and undisputed by the parties, the lessee has not obtained the statutory clearances like environmental clearance and forest clearances and also the consent to operate from the state pollution control board ..... in respect of the violation relating to para-2 of part-vii of form 'k', it is submitted that the government approved surveyor namely gem surveyors has been issued work order to undertake survey which has ..... the provisions of amendment act, 2015 specifically section 8(a), as interpreted in the judgment rendered in the case of common cause (supra) by the apex court, para-32 thereof also lead to a prima facie view that the petitioner being an applicant for the first renewal and having made its application on 23.02.2007 within statutory time prior to expiry of the original lease, is entitled to treat its lease to continue for a period of 50 years from the date ..... commission on the aforesaid lease, it has been submitted that no mining operations have been carried out in contravention of the environment (protection) act ..... union of india dated 4th april, 2016, the allegation relating to violation of rule 28/28a of mineral concession rules, 1960 relating to lapse of mining lease are no longer available to be taken as there is no such order or declaration by the state government before ..... union of india (writ petition ..... union of india & ..... rent has been quashed by this court and the matter is pending in appeal before the hon'ble supreme court of india. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal74
..... may sue as a body corporate and clause (3) provides thatthe property for the time being vested in his majesty for the purposes of the government of india shall be liable to the same judgments and executions as it would have been liable to in respect of liabilities lawfully incurred by the east india company, if the government of india act and this act had not been passed.32. mr. ..... power was taken by government under the defence of india (consolidation) act, 1915, and under rule 11a(a) an officer specially authorized in this behalf is enabled by an order in writing to require the owner of any particular class of goods (these goods were specially notified by government) to place them at the disposal of government at such time and place as was specified in the order, making disobedience to the order punishable at law. ..... 12, he says that for a considerable period prior to the transaction alleged in the plaint the plaintiff firm had been systematically defrauding the government of india by supplying goods at exaggerated prices under false weights and measures and quantities and that the quotations put forward by the plaintiff firm as amounting to a contract were part and parcel of the same scheme of fraud and can give rise to no cause of action.11. ..... the result, therefore, is that the 'suit will stand dismissed with costs on scale 2, including costs of the commission and reserved costs, if any. ..... (x) was the statutory notice duly served? .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC212; [1987(54)FLR30]; 1987LabIC213; 1986(2)SCALE941; (1987)1SCC172; 1988(2)SLJ114(SC); 1987(1)LC167(SC)
..... on giving three months notice be permitted to resign his commission on compassionate grounds of which the government of india will be the sole judge. ..... termination of commission(a) the commission of an officer may be terminated at any time by the government of india-(i) for misconduct, or if services are found to be unsatisfactory; or(ii) on account of medical unfitness; or(iii) if his services are no longer required; or(iv) if he fails to qualify at any ..... emergency commission was liable to be terminated at any time by the government of india under para 15 of ..... dated 3rd june, 1976 and 16-5-1983, respectively, are letters from the government of india to the chief of the army staff in relation to the appellant. ..... the letter signed by the under secretary to the government of india reads as follows :i am directed to refer to your ..... that the appellant was released from the army as per para-15a(iii) of the army instructions under the phased programme for release of emergency commissioned officers which was approved by the government and communicated to all army headquarters. ..... raised in virendra kumar's case that the army instruction did not have any statutory status and could not therefore bind the service conditions of the emergency commissioned officer. ..... the army act, the rules & regulations and instructions thereunder govern the service conditions of the commissioned officers including those on emergency commission, like the ..... applied for permanent commission as part of normal screening .....
Tag this Judgment!Court : Supreme Court of India
..... in consequence thereof, a government order dated 31.5.2010 was also issued by the ministry of human resources development to the effect that in view of the statutory provisions of the act 2009, which provided that the central government shall develop a framework on national curriculum with the help of academic authority specified under section 29 thereof, the ncf 2005 would be the ncf till such time as the central government requires to develop a new framework. ..... air 1963 sc 1019, this court held that in case a statute violates any of the fundamental rights enshrined in part iii of the constitution of india, such statute remains still-born; void; ineffectual and nugatory, without having legal force and effect in view of the provisions of article 13(2) of the constitution. ..... thus, undoubtedly, submission made by learned senior counsel on behalf of the respondents that once the act stands repealed and the amending act is struck down by the court being invalid and ultra vires/unconstitutional on the ground of legislative incompetence, the repealed act will automatically revive is preponderous and needs no further consideration. ..... in 1964-1966, the report on national education policy was submitted by the kothari commission providing for common schools suggesting that public funded schools be opened for all children irrespective of caste, creed, community, religion, economic conditions or social status. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD1
..... the concerned authority while bifurcating the posts medium-wise indicated 14 posts for urdu medium and 26 posts for telugu medium and that the commission filled up 26 posts for telugu medium and three posts for urdu medium, leaving the rest of vacancies under urdu medium as there are no ..... ) : --(1) reservations may be made for appointments to a service, class or category in favour of scheduled castes, scheduled tribes, backward classes, women, physically handicapped, meritorious sportsmen, ex-servicemen and such other categories, as may be prescribed by the government from time to time, to the extent and in the manner specified hereinafter in these rules or as the case may be, in the especial rules. ..... referring to section 191 of indian penal code the supreme court further held: in india, law relating to the offence of perjury is given a statutory definition under section 191 and chapter xi of the indian penal code, incorporated to deal with the offences relating to giving false evidence against ..... in suresh chandra verma's case (supra) the word 'post' was interpreted with reference to section 57(4)(a) of nagpur university act, 1974 and it was held that post used in the context has relation to the faculty, discipline or the subject for which it ..... the few papers produced before us 'as file' and the counter-affidavit filed by the respondents we are convinced that there are attempts on the part of the respondents to plead falsehoodwhich is against public justice. ..... 1562) (england) (repealed). .....
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