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N. Lokananandham Vs. Chairman, Tele-com. Commission and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2689; JT2008(5)SC640; 2008(6)SCALE382; (2008)5SCC155; 2008AIRSCW4493

..... . the core question, however, would be as to whether the tribunal had the jurisdiction to issue the impugned directions. the tribunal, in terms of the provisions of the administrative tribunals act, 1985 exercises a limited jurisdiction. indisputably, a candidate, in order to qualify in the jao part ii examination is required not only to secure 33 per cent marks in each .....

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... force on 17.06.1956. section 5 of said act reads:- 5. act not to apply to certain properties. this act shall not apply to (i) any property succession to which is regulated by the indian succession act, 1925, by reason of the provisions contained in section 21 of the special marriage act, 1954; (ii) any estate which descends to ..... as may be directed by this hon ble court.2. the trustee shall delegate his powers of administration under section 18(2) of the travancore-cochin hindu religious institutions act, 1950 (the act ) to a committee (the administrative committee ) which shall administer the temple through an executive officer to be appointed by the committee.3. the ..... the shebait of the idol instead of the minor son of the shebait born from his first marriage who was the respondent. it was contended that the office of shebaitship would devolve in accordance with the hindu women s right to property act, 1937. b.k. mukherjea, j.speaking for a four-judge bench of this court accepted .....

Badrinarayan Shankar Bhandari and Others Vs. Ompraskash Shankar Bhanda ...

Court : Mumbai

..... equal treatment of women a part of the fundamental rights guaranteed under the constitution. in line with the above constitutional objective, the parliament enacted the hindu succession act,1956 i.e. the principal act. this act applies to all hindus including buddhists, jains and sikhs. it lays down a uniform and comprehensive system of inheritance and applies to all hindus, ..... the mischief rule or rule of purposive construction. this rule was approved by the supreme court in bengal immunity co. ltd. v/s. state of bihar (air-1955-sc-661) and after setting out the above rule, stated that it is the office of the judge to always make such construction as would advance the remedy and ..... has already become a coparcener prior to her marriage. one more recommendation of the law commission was to do away with the erstwhile section 23 of the principal act which provided that a woman would have a right to stay in the family house as a member of the joint hindu family but unlike a male, she would have .....

P.v. Nidhish Vs. Kerala State Wakf Board

Court : Supreme Court of India

..... of the joint parliamentary committee on waqf were considered by the 11 central waqf council. the various issues and the need for amendments to the act have also been considered in consultation with other stakeholders such as the all india muslim personal law board, representatives of the state governments and the chairmen ..... development corporation and state waqf development corporations so as to facilitate proper utilization of valuable waqf properties for the objectives intended. the committee recommended that the act should be amended so that the state waqf boards become effective and are empowered to properly deal with the removal of encroachments of waqf properties. ..... cannot validly contend that those who were in possession and occupation of the premises, as tenants for a century became encroachers, upon enactment of the 2013 act. counsel pointed out that the provision which enables the wakf board to deal with encroachers, is section 54; it provides for eviction. no proceedings were .....

Municipal Council Morshi Vs. Tulsiram

Court : Mumbai

Reported in : AIR1978Bom92; 1977MhLJ735

..... relied upon a decision of this court in municipality of ankaleshwar v. chhotalal ghelabhai gandhi : (1955)57bomlr547 . the learned counsel further contended that .the provisions of the act as well as the provisions of the bombay district municipal act are part materia and, therefore, the said decision applies to the. controversy raised in these ..... division bench it is not necessary to make a detailed reference to the various provisions of the act over again.12. it is pertinent to note that the case of this court in municipality of ankleshwar v. chhotelal : (1955)57bomlr547 was subsequently referred to in balkrishna vora v. poona municipal corporation : (1963)65bomlr119 . ..... in a bill presented to any person under section 150 of the act. practically similar provisions were made under bombay district municipal act, 1901, with which a division bench of this court was concerned in the case of municipality of ankleshwar v. chhotelal : (1955)57bomlr547 (cit. supra). in the said case after making a .....

Rani Aloka Dudhoria and ors. Vs. Goutam Dudhoria and ors.

Court : Supreme Court of India

Reported in : AIR2010SC53; 2009(57)BLJR1293; JT2009(3)SC616; 2009(3)SCALE865; 2009(3)LC1193(SC):2009AIRSCW5572:2009(2)LHSC1095

..... application before the learned single judge to assail the said sale.(ii) when the plaintiff no. 2 sheela was in calcutta, she represented the plaintiffs. after her marriage, plaintiff no. 4 amita represented the plaintiffs and when amita also was not available, plaintiff no. 6 seema represented the plaintiffs because none of the other plaintiffs ..... under order xxi of the code of civil procedure, this court in manilal mohanlal shah and ors. v. sardar sayed ahmed sayed mahmad and anr. : [1955]1scr108 held that the inherent power of the court cannot also be resorted to circumvent the mandatory provisions of the code.106. this court in laxmikant chhotelal gupta v ..... repairs and furthermore tax liabilities were mounting.27. directions were sought for on the following terms:a) mr. nirmal kumar mitra, bar at law be directed to act as the sole commissioner of partition with consequential directions;b) minutes of the meeting dated december, 19, 1993 and february 27, 1994 along with the plan annexed .....

O.V. Usman Kurikkal Vs. State of Kerala, Represented by the Secretary ...

Court : Kerala

..... the following conditions, among others, should be satisfied:- (i) there should be something to suggest that the manager has neglected to perform any of his duties under the act or the rules; (ii) he should be given a reasonable opportunity to show cause against the proposed take-over; (iii) the cause, when shown, should be ..... indicate that the conditions under section 14(1) are attracted. only because there are two rival claimants for managership, the power under section 14(1) of the act cannot be exercised. the dispute between two persons, or among some persons who constitute the educational agency, for managership, by itself does not constitute a complete and ..... government. section 14(4) enables the government to pass further orders and, therefore, ext.p1 is just and legal. the power under section 35 of the act also can be exercised by the government. since the district educational officer usurped the powers of the director of public instruction and passed ext.p2 order, certainly the .....

Divvi Suryanarayana Murthy Vs. Competent Authority and anr.

Court : Andhra Pradesh

Reported in : [1976]102ITR19(AP)

..... date of its execution and not from the date of its registration and, therefore, the sale in favour of the petitioner was untouched by section 269c of the income-tax act. sri anjaneyulu relied on kalyanasundaram pillai v. karuppa mooppanar sadei sahu v. chandramani dei, air 1948 pat 60 thirumagaral mudaliar v. muruga pillai : air1960mad55 and adaikappa chettiar v ..... 4. the question is what is the effect of section 47 of the registration act on section 54 of the transfer of property act ?5. in kalyanasundaram pillai v. karuppa mooppanar], the question before the privy council was whether an adoption of a son by a hindu made after the execution and delivery of a deed of gift in favour of ..... a charity, but before its registration, rendered the deed void as against the adopted son. the answer to the question depended on the effect of section 47 of the registration act on section 123 of the transfer .....

Suba Singh Vs. Mahendra Singh and ors.

Court : Supreme Court of India

Reported in : AIR1974SC1657; (1974)1SCC418; 1973(5)LC853(SC)

..... of land was concerned. title, conglomeration, allotment and occupation, practically the whole gamut of consolidation stages was thus covered.9. there is no provision in the act for' any dispute of title which arises subsequent to confirmation of the statement under section 23 to be decided by way of arbitration or otherwise.10. now ..... out of consolidation proceedings or with respect to any other matter in regard to which a suit or application could be filed under the provisions of this act.' the anxiety of the legislature that the civil courts shall not unsettle what has been painstakingly settled by the consolidation authorities is understandable.6. the whole ..... title arises, that also is relegated for decision by the arbitrator (vide section 12(4). after all these stages are completed, under section 23 of the act the settlement officer confirms the statement which thereupon becomes final and is published in the village. section 23 declares this statement of consolidation scheme to be final .....

Sub-divisional Officer, Mirzapur Vs. Raja Sri Niwas Prasad Singh

Court : Supreme Court of India

Reported in : AIR1966SC1164; [1966]2SCR970

..... respect of any share or interest to which such person is entitled, entered in a representative capacity or in the capacity of the karta of the joint hindu family, to appear and file objections upon such statement or roll within a period of two months : provided that no objection on the ground that the ..... upon it. the state government averred that information about the revision of the compensation rolls was received by it for the first time on july 22, 1955 and the applications were moved immediately. the raja opposed the applications and alleged that the state government had knowledge of the proceedings and had actually participated on ..... compensation officers. 12. it is contented that under certain notifications all sub-divisional officers were empowered to discharge the functions of a collector under the abolition act and all assistant collectors were made ex officio compensation officers and the compensation officer having notice, the state government must be deemed to have notice also. .....