Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... . vegetation regenerates in the abandoned area and after a lapse of 8 to 10 years the area is against cleared and burnt and, this, shifting cultivation is carried on. this cycle repeatedly goes on. due to pressure on land this shifting cultivation has now been abandoned and the tribes are settling to cultivate crops in fixed holdings. 17 plight of the .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Kolkata
..... the law abiders will be placed into worse situation than law violators in the name of unwillingness.238. mr. bhattacharya relied upon a decision of state of orissa vs. chitra sen bhoi reported in (2009) 17 scc 74 where the supreme court on the issue of legislative discrimination held as follows :legislature made a discriminatory policy between the poor and inarticulate .....
Tag this Judgment!Court : Delhi
Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del
H.L. Anand, J. 1. This petition article 226 of the Constitution by a former general manager of the U.K. branches of a nationalised bank, concurrently in-charge of its European operations, assails the purported termination of his service by the Bank on the ground of 'loss of confidence' in him, as a sequel to and as part of a shake up in the higher echelons of the Bank in the wake of the largest bankruptcy of an Asian business house in the U. K., and failure of certain other accounts, allegedly exposing the Bank to the risk of loss of millions of pounds, and raises some interesting, as indeed, difficult questions of law, in relation to service in public sector, as indeed, interaction between the principles of industrial jurisprudence and administrative law following recent constitutional developments in the treatment of public sector undertaking as instrumentalities of the State under article 12 of the Constitution. Some of the questions that the petition raises are perhaps not appropri...
Tag this Judgment!Court : Chennai
Reported in : (1985)2MLJ439
ORDERMohan, J.1. An important question arising in this batch of cases is, whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act) is applicable to the Nationalised Banks and to the State Bank of Indian.2. We would first note the facts; relating to W.A. Nos. 561 and 562 of 1983. They arise out of W.P. Nos. 2013 and 2014 of 1979. W.P. No. 2013 of 1979 is for mandamus to direct the first respondent to dispose of the preliminary objection raised by the Management of Bank of India, Regional Office, Southern Region, represented by the Assistant General Manager, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1975 on the file of the Additional Commissioner for Workmen's Compensation, II, Madras, in the appeal preferred by the employee, C.V. Raman under Section 41 of the Act. W.P. No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for disposal T.S.E. Case No. 49 of 1975.3. The emp...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... to the necessity of a wide amending power that "the earth belongs in usufruct to the living; the dead have neither powers nor rights over it." "if one generation could hind another, the dead and not the living would rule. since conditions change and men change, there must be opportunity for corresponding change in political institutions, and also for a renewal ..... cochin and ors. v. the bombay co. ltd. accordingly i do not rely on them as aids to construction. but i propose to refer to them, as shri a.k. sen relied heavily on the speeches of dr. b.r. ambedkar. according to him, the speeches of dr. ambedkar show that he did not regard the fundamental rights as amendable. this ..... . bombay co. ltd. [1952] s.c.r. 1112. accordingly i do not rely on them as aids to construction. but i propose to refer to them, as shri a.k. sen relied heavily on the speeches of dr. b.r. ambedkar. according to him, the speeches of dr. ambedkar show that he did not regard the fundamental rights as amendable. this .....
Tag this Judgment!Court : Supreme Court of India
..... by the husband, followed by a period of abstinence. the period of abstinence is described as iddat . the duration of the iddat is ninety days or three menstrual cycles (in case, where the wife is menstruating). alternatively, the period of iddat is of three lunar months (in case, the wife is not menstruating). if the couple ..... the supreme court of india civil original jurisdiction suo motu writ (civil) no.2 of 2015 in re: muslim women s quest for equality petitioner versus jamiat ulma-i-hind & ors. ...respondents with writ petition (civil) no.118 of 2016 shayara bano petitoner versus union of india and ors. ministry of women and child development secretary and ..... of muslim personal law shariat . it was also pointed out, that the statement of objects and reasons also highlight that his client, namely, jamiat-ul-ulema-i-hind had supported the demand of the applicability of the muslim personal law shariat , for adjudication of disputes amonst muslims, and had urged, that custom and usage to the .....
Tag this Judgment!Court : Supreme Court of India
..... had no training or background in law and yet they contributed in giving us a glorious constitution. one of the finest minds that we have today - professor amartya sen - has had no training or background in law and yet has given us the idea of justice an important contribution to jurisprudence, the idea of justice in an ..... aor ia102015 mr. ashish dixit, in person mr. gautam takuldar, aor for state of mp mr. ankur talwar, adv. mr. rohit bhat, adv. ms. prerna priyadarshini, adv. ms. suhasini sen, adv. mr. ankit kr., adv. for mr. mishra saurabh, adv. for state of mr. t.r. andhyarujina, sr. adv. maharashtra mr. mahaling pandarge, adv. mr. nishant kanteshwarkar, aor ..... 1959 that appointment of judges were virtually being made by the chief justice of india and the executive was only an order - issuing authority. (v) mr. ashok sen, the law minister reiterated in the parliament on november 25,1959 that almost all the appointments made to the supreme court and the high courts were made with the .....
Tag this Judgment!Court : Supreme Court of India
..... and socio-economic rights are complementary and not mutually exclusive. 156 some of these themes have been addressed in the writings of the nobel laureate, amartya sen. sen compares the response of many non-democratic regimes in critical situations such as famine with the responses of democratic societies in similar situations.343 his analysis ..... limit or extend, the principles derived from english decisions, entitled as they are to great respect, suiting the conditions to the indian society as a whole. (see - hind overseas (p) 14 ltd. vs. raghunath prasad jhunjhunwala & anr. (1976) 3 scc259. the questions referred need examination in the light of these principles.25) in my ..... ), at page 339 346 ibid, at page 347 218 substantial famines in sub-saharan africa. this establishes what he terms as the protective role of democracy . sen has analysed the issue succinctly: part o the causal connection between democracy and the non- occurrence of famines is not hard to seek. famines kill millions of .....
Tag this Judgment!Court : Supreme Court of India
..... his divine power and for treating him merely as his child. the lord lovingly embraced the king who prayed to bless him by freeing him from ego and the worldy cycle of rebirth. manikanta granted him moksha (salvation). he told the king that he was destined to return. the king implored manikanta to allow him to build a temple and dedicate .....
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