Court : Mumbai
Reported in : 1988(1)BomCR188; 1987MhLJ955
..... legislative wisdom must prevail and judicial review must abstain.''in the case of man singh v. state of punjab and others, : air1985sc1737 while considering the constitutional validity of the punjab cycle rickshaws (regulation of licence) act, 1976, the supreme court has made the following significant observations which provide as a guide whenever attack based on excessive delegation and unbridled delegated powers .....
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 : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318
S.H. KAPADIA, CJI.1. We have had the benefit of carefully considering the erudite judgment delivered by our esteemed and learned Brother Radhakrishnan, J. Regretfully, we find ourselves in the unenviable position of having to disagree with the views expressed therein concerning the non-applicability of the Right of Children to Free and Compulsory Education Act, 2009 (for short "the 2009 Act") to the unaided non-minority schools.2. The judgment of Brother Radhakrishnan, J. fully sets out the various provisions of the 2009 Act as well as the issues which arise for determination, the core issue concerns the constitutional validity of the 2009 Act.Introduction3. To say that "a thing is constitutional is not to say that it is desirable" [see Dennis v. United States, (1950) 341 US 494].4. A fundamental principle for the interpretation of a written Constitution has been spelt out in R. v. Burah [reported in (1878) 5 I.A. 178] which reads as under:"The established Courts of Justice, when a que...
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2836; 1992(3)KarLJ669; (1993)ILLJ709Kant
1. The question of law involved in all these petitions is common and, therefore, they are clubbed together and a common order is passed. 2. The point for consideration in these writ petitions is 'Whether the petitioners who were the employees of the Karnataka Government Insurance Department (hereinafter referred to as 'the KGID') whose services were subsequently absorbed in one of the nationalised insurance companies which came into existence pursuant to the nationalisation of insurance business in the country are to be retired on attaining the age of sixty years of fifty-eight years ?' 3. In all these petitions the reliefs sought for are common, viz., (i) to quash the orders of retirement of the petitioners at the age of fifty eight years; and (ii) to declare that the petitioners are entitled to continue in service till they attain the age of sixty years and not to terminate them at he age of fifty-eight years as is now ordered. 4. A few facts which are necessary to dispose of these p...
Tag this Judgment!Court : Kolkata
..... the law abiders will be placed into worse situation than law violators in the name of unwillingness. 246. 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 : 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 : Punjab and Haryana
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15786 of 1999 (O&M) Date of Decision: December 20, 2012 **** M/S.Vijayant Travels & Anr. . . Petitioners versus State of Punjab & ORS.. . Respondents **** CORAM: HONBLE MR.JUSTICE SURYA KANT HONBLE MR.JUSTICE R.P.NAGRATH **** 1. Whether Reporters of local papers may be allowed to see the judgment?.2. To be referred to the Reporters or not?.3. Whether the judgment should be reported in the Digest?. **** Present: Mr.MS Khaira, Senior Advocate; Mr.Sumeet Mahajan, Senior Advocate; Mr.DS Kamra, Advocate; Mr.Dharminder Singh, Advocate; Mr.Rajender Sharma, Advocate; Mr.PS Bawa, Advocate; Mr.Vishal Sharma, Advocate; for the PETITIONER(s) Mr.Amol Rattan Singh, Addl. AG Punjab assisted by Mr.Daman Dhir, Advocate Mr.Ravi Dutt Sharma, DAG Haryana Mr.Baldev Kapoor, Advocate and Mr.Rohit Kapoor, Advocate Mr.Anupam Singla, Advocate (in CWP-8783-2012) for PRTC/PEPSU Mr.Vijay Rana, Advocate for respondent No.16 (in CWP-13624-2009) **** CWP No.1...
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 .....
Tag this Judgment!Court : Supreme Court of India
..... a commodity is determined by numerous variables including the nature of the product, availability of raw material, transportation and infrastructure, the nature and extent of competition, market cycles as well as the elasticity of demand and supply. the tax structure is one ingredient which has a bearing on the allocation of resources. for a tax to ..... was negatived by approving the limited restraint put on the state legislature as engrafted in article 304(b) proviso.243. a constitution bench of this court in kaiser-i-hind pvt. ltd. and another vs. national textile corpn. (maharashtra north) ltd. and others, (2002) 8 scc182 has held that the power exercised by the president under ..... , it would not be a restriction on trade but an encouragement to it. it was observed: [scc page 678, para 8]. the submission of shri ashok sen, learned senior counsel that compensation is that which facilitates the trade only does not appear to be sound. the concept of compensatory nature of tax has been widened .....
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!