Court : Himachal Pradesh
Reported in : AIR2009HP85
..... . : [1995]1scr304 , wherein the apex court held as follows: 11. it seems parliament while enacting the act created agencies at the state level as well as at the central level in the form of state bar councils and bar council of india and invested them with rule making powers on diverse matters touching the legal profession, presumably because it must ..... shall be eligible to be admitted as an advocate on state roll if he/she fulfills the conditions laid down in the advocates act, 1961 and the bar council of india rules and the bar council of himachal pradesh advocates enrolment rules, 2006. provided that a person who has completed the age of 45 years on the date on ..... ' to the enrolled as advocates. we, therefore, are of the opinion that the impugned rule is beyond the rule making power of the bar council of india and is, therefore, ultra vires the act. 13. the next question is, is the rule reasonable or arbitrary and unreasonable? the rationale for the rule, as stated earlier, is to maintain .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR59; 2009(111)BomLR2131
..... examination during the years 20052007 and claim to have secured reasonably good marks in their ll.b. examination. thereafter, they enrolled themselves as advocates with the bar council of maharashtra and goa and are practicing advocates. on 4th july, 2007, the deputy secretary of the commission issued an advertisement inviting applications for filling up 150 vacancies ..... the purpose of selection, because that was the view of the high court also previously intimated to the punjab government on which the haryana government thought fit to act. that the punjab government later on fixed a lower score is no reason for the haryana government to change their mind. this is essentially a matter of ..... interview only those who have completed seven and half years of practice, it is neither violative nor in conflict with the requirement of section 8(3)(c) of the act.15. the supreme court in yet another case titled union of india and anr. v. t. sundararaman and ors. : (1997)iillj368sc held that where the .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT636
..... report is a report relating to the commission of an offence given to the police and recorded by it under section 154, cr. pc. as observed by the privy council in k.e. v. khwaja , the receipt and recording of information report by the police is not a condition precedent to the setting in motion of a criminal investigation ..... code of criminal procedure, 1973 (crpc) are directed against order on charge dated 8th april, 2008 and an order dated 16th april, 2008 passed by the learned special judge, central bureau of investigation (cbi) framing charges against each of the petitioners, inter alia, for the offences under section 120-b indian penal code (ipc) read with sections 8 and ..... no 32 and 33 unauthorisedly on public land to erect some heavy structure on that, in future.34.6 in terms of section 31 of the delhi development authority act (dd act), action was initiated and a `stop construction notice` was issued by the dda on 3rd january, 2003. a copy of the said notice was pasted on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009CriLJ2969; (2009)3GLR2264(SC); JT2009(13)SC638; 2009(4)MPHT241(SC); 2009(7)SCALE214; (2009)6SCC576
..... scheme of the criminal procedure code is that the power of the police to investigate a cognizable offence is not to be interfered with by the judiciary. their lordships of the privy council were, of course, concerned only with the powers of the high court under section 561a crpc, while we have to interpret section 159 of the code which defines the powers ..... common judgment were taken up for hearing together.appellants herein are depositors in city cooperative bank ltd. (the bank), a bank incorporated and registered under the gujarat co-operative societies act, 1962.3. some of the borrowers had mortgaged their properties with the bank. alleging commission of offences under sections 406, 420, 423, 465, 477, 468, 471, 120b, 124 and 34 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(4)ALT431:AIR2009NOC2482(A.P)(F.B).
..... all with them, i should be bound to find some meaning and not to declare them void for uncertainty. (see pages 360 and 361).in fawcett properties v. buckingham county council (1960) 3 all er 503, lord denning approving the dictum of farwell, j. saidbut when a statute has some meaning, even though it is obscure, or several meanings, ..... the light of any discernible purpose or object, for which it is enacted. see district mining officer v. tata iron & steel co. : (2001) 7 scc 358, harbhajan singh v. press council of india : (2002) 3 scc 722 : air 2002 sc 1351, union of india v. hansoli devi : (2002) 7 scc 273 : air 2002 sc 3240, easland combines, coinbatore v. ..... is unnecessary. as regards the submission of occupied field suffice it to say that there is no repugnancy in the central and state legislation. at least none was made out. even if there would have been any the act having received assent of the president it is fully protected by article 254(2).103. in krishi upaj mandi samiti .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT780
..... court analysed the requirement of flexibility in the application of principles of natural justice in : [2003]1scr1112 state of maharashtra and anr. v. jalgaon municipal council and ors. and observed thus:32. the caution of associating rules of natural justice with the flavour of flexibilities would not permit the courts applying different standards ..... crl.a. no. 39/1952 entitled state v. b. albuquerque, it was held that the opportunity should be given by the reserve bank or the central government or a person authorised in that behalf and not by an investigating officer.17. having regard to the penal consequences of committing the contravention of fera, ..... complaint before the special cell of the delhi police alleging that the subscriber was misusing the telephone connection in violation of the provisions of the indian telegraph act, 1885. the police raided the business premises of the company, arrested sh. sanjay malviya, its managing director and sh. deepak gupta, technical advisor and .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(3)AWC2929
..... director of homeopathy should be treated as reserved for scheduled castes. the apex court repelled the contention and held that three posts of deputy director, homoeopathy, unani and ayurvedic are distinct and separate as they pertains to different disciplines and each one is isolated post by itself carried in the same cadre ..... occasion to consider the principle of rounding off in another context in the context of percentage of votes in the case of north central railway mens union, allahabad v. north central railway employees sangh 2008 (7) adj 390. following was laid down in paragraph 15 of the aforesaid judgment:the principle of rounding ..... . thus, the above provision does contemplate the concept of departments and subjects in affiliated colleges also.53. section 31 of the u.p. state universities act, 1973 contemplates selection of the teachers of the university through a selection committee. section 31 (4) contemplates different selection committees with regard to different departments. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1450
..... rate of twelve percent, per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the central government, by notification in the official gazette, on the amount due; and(b) if, in his opinion, there is no justification for the delay, direct that the ..... ' and as has been well settled a suit is 'a civil proceeding instituted by the presentation of a plaint'. that was laid down by the privy council in hans raj gupta v. dehra dun mussoorie electric tramway co. ltd. : air 1933 pc 63. a proceeding for compensation made under the workmen's compensation ..... , then, heirs and legal representatives of deceased jamalbhai are not having right to file application before workmen's compensation commissioner for claiming compensation under the w.c. act. preliminary objection raised by insurance company vide exh. 12 was decided by workmen's compensation commissioner and commissioner came to the conclusion that if the applicants have filed .....
Tag this Judgment!Court : Kerala
Reported in : 2009CriLJ3530; 2009(2)KLJ152
..... the said objection and held that he has the jurisdiction to try the case. even though the revision petitioners preferred an appeal under section 29 of the act before the sessions court, thiruvananthapuram, the learned sessions judge as per judgment dated 2.1.2009 dismissed the appeal confirming the order passed by the chief ..... hence, the chief judicial magistrate, thiruvananthapuram who is not judicial magistrate of the first class could not have entertained the application under section 12 of the act. this contention without prejudice to the main contention of the revision petitioners that even if the chief judicial magistrate is to be treated as judicial magistrate ..... over the territorial limits of two police stations, namely, the museum and valiyathura police stations could not have entertained the application under section 12 of the act.judicial evaluation in re - is c j m atjmfc?8. the contention of the revision petitioners that the chief judicial magistrate is not judicial magistrate of .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR232; 2009(4)MhLj929
..... 1), the same shall be settled or decided by the arbitrator to be appointed by the central registrar.(5) save as otherwise provided under this act, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply to all arbitration under this act as if the proceedings for arbitration were referred for settlement or decision under the provisions of ..... in addition to the conclusions as summarized in paragraph 23 quoted above.the main, leading judgement referred to by the supreme court was the judgement of the privy council in colonial sugar refining co ltd. v. irving 1905 ac 369. in paragraph 4 the supreme court cited with the approval the observations of the privy ..... council that there is no difference between abolishing an appeal altogether and transferring the appeal to a new tribunal. in either case, it was held, there is an .....
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