Court : Karnataka
Reported in : ILR2009KAR2159
..... he has placed reliance upon these decisions of the apex court viz. : air 1967 sc 483, : air 1967 sc 1081 and another judgment of the privy council reported in : air 1945 pc 156 and another decision of the supreme court in ca 110/1996, wherein it is held that exercise of power by the ..... the learned additional government advocate, inter alia contending that the acquisition of land is for public purpose and is in accordance with the karnataka industries (facilitation) act 2002 and the rules framed thereunder to see that the industrial policy of the state government is implemented to promote establishment of more industries in the karnataka ..... designated for various purposes such as agricultural, residential, industrial and other purposes by the town planning authority under section 21 of the karnataka town and country planning act, 1961, which reads thus:21. contents of the comprehensive development plan.-(1) the comprehensive development plan shall consist of a series of maps and documents .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR612;
..... the civil courts and the magistrate court shall stand transferred to such family court on the date of which it is established. section 7 of the act, specifically sets out the proceedings which are cognizable by such family courts. therefore, any matters which are set out in explanation to section 7, no ..... marriage and family affairs and matters connected there with. 'his act exclusively confers jurisdiction on the family courts to resolve the disputes relating to matrimonial relief, including nullity of marriage, judicial separation, divorce, restitution of conjugal ..... the suit for partition to protect their interest and to get legitimate share in the suit schedule properties.13. the parliament has enacted the family courts act, 1984 for speedy settlement of family disputes. the object of such enactment was to promote conciliation in and secure speedy settlement of disputes relating to .....
Tag this Judgment!Court : Delhi
Reported in : 154(2008)DLT605; 2008(106)DRJ541
..... recurrent laryngeal papillomatosis and there is some evidence in literature to suggest that use of laser may result in fewer recurrences. similarly, the delhi medical council in its report dated 15th september, 2006 although held that post explosion treatment including treatment provided in the picu and the ward was as per standard ..... torts, ratanlal and dhirajlal (edited by justice g. p. singh) referred to hereinabove, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three: 'duty', 'breach' and 'resulting damage'.(2) negligence in ..... skill attained was that of the ordinary competent medical practitioner exercising an ordinary degree of professional skill. the fact that a defendant charged with negligence acted in accord with the general and approved practice is enough to clear him of the charge. two things are pertinent to be noted. firstly, the .....
Tag this Judgment!Court : Kerala
Reported in : 2008(3)KLJ699
..... considered as a discriminatory or violative of article 14 of the constitution of india. it is further submitted that various committees and commissions appointed by the central government established the extent of educational deprivation experienced by the muslim community and those committees recommended various measures in that regard. it is further pleaded ..... pleaded that complaints have been made to the authorities by the moonniyur grama panchayat regarding illegal filling up of paddy fields and the paddy field protection council of the area has also objected to the unauthorized conversion of paddy fields into garden land by the 5th respondent. the petitioner, in paragraph 3 ..... little exception, being available only to those 'existing schools' as defined in section 2(3) and falling within section 3(4) of the act.92. the act was made because it was deemed necessary to provide for the better organisation and development of educational institutions in the state, providing a varied and .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)MhLj97
..... to employ only the word 'information' without qualifying the said word. section 139 of the code of criminal procedure of 1861 (act xxv of 1861) passed by the legislative council of india read that `every complaint or information' preferred to an officer in charge of a police station should be reduced into ..... : 2006crilj1622 , the supreme court, while referring to the bhajan lal's case (supra) and while directing the case to be registered and transferred to the central bureau investigation for further investigation, held as under:3. mr. vikash singh. learned additional solicitor general, at the outset, invites our attention to the counteraffidavit filed ..... report, recommendations were made for holding departmental proceedings against the concerned officers. the court while approving conducting of a preliminary inquiry and referring to the central bureau of investigation manual which provides for a preliminary inquiry in terms of paragraph 9.1 of the cbi manual, made out a distinction between .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... of section 100a is patently clear from the unambiguous and definite language of section 100a. we must notice here that both the motor vehicles act and the code of civil procedure are central enactments. no state amendment has been carried by the state of maharashtra to dilute or alter the effect of the language of either section ..... (supra) clearly stated while referring to clause 44 of the letters patent that provisions of letters patent were subject to legislative powers of the governor-general-in-legislative council and, therefore, in the present-day context, subject to legislative power of the appropriate legislature. (emphasis supplied).now we would refer to the judgments, some of which ..... from other judgments of judge of the high court or of such division court shall be to us, our heirs of successors in our or their privy council, as hereinafter provided.46. clause 15 of the letters patent is the provision which grants right of appeal to the aggrieved party against the judgment of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
..... interest of the community, as opposed to the particular interest of individuals, is directly and vitally concerned.(emphasis suppled)71. the aggrieved appellant approached the privy council. the council in hamabai framjee petit v. secretary of state (1914) 42 ia 44 : air 1914 pc 20 approved the above observations of batchelor, j. speaking ..... 76. in state of bombay v. ali gulshan : [1955]2scr867 , a constitution bench of this court considered vires of the bombay land requisition act, 1948 (act 23 of 1948). interpreting provisions of the constitution and schedule vii thereof, the court held that requisition of property by the government of bombay for ..... 7180/2000 dated : 26-04-2005form - 5-adraft declaration under section 6 of the landacquisition actunder section (6) of the land collector, land acquisitionacquisition act, the (industries), hyderabad,government of andhra pradesh and may be inspected at anyhereby declares that the time during the officeland specified below in the hours.schedule .....
Tag this Judgment!Court : Chennai
Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)
..... india, bombay, from time to time, shall be carried in the cable service.'52. the advertising standards council of india (asci) is a non statutory tribunal set up in 1985 and incorporated under section 25 of the companies act, 1956. it entertains and disposes of complaints based on its code of advertising practice (cap). the code ..... the instance of a consumer or a group of consumers or a voluntary consumer association or even the central or the state government (see the definition of the word 'complainant' under section 2(1)(b) of the consumer protection act). it may even lie before the mrtp commission. (or the competition commission after it is constituted).(d ..... sale of human organs(ix)the drugs and cosmetics act, 1940 preventing the use of the reports of a test or analysis of the central drugs laboratory for advertising a drug or cosmetic(x)the prize competition act, 1955 and the prize chits and money circulation schemes (banning) act, 1978(xi)the cigarettes and other tobacco products ( .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom
..... learned judge of the employees' insurance court was pleased to dismiss application (esi) no. 18 of 1993 filed under section 75 of the employees' state insurance act, 1948 ('the esi act' for short). it appears that the sub-regional office of the appellant - corporation at pune had by its letter dated 17/8/1993 informed the company ..... of law.(3) the period of limitation for an appeal under this section shall be sixty days.(4) the provisions of sections 5 and 12 of the limitation act, 1963 (36 of 1963) shall apply to appeals under this section.8. in the state of maharashtra, the state government has issued notifications appointing the industrial courts ..... this court held that no letters patent appeal would lie against the decision rendered by the single judge in a first appeal filed under section 10f of the companies act, 1956 challenging the decision rendered by the company law board. whereas, another division bench of this court, in the case of maharashtra power development corporation ltd. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763
..... in allahabad bank v. canara bank and anr. : [2000]2scr1102 , a similar question was raised before this court. there the court considered two acts, (i) rddb act, 1993 and companies act, 1956. it was held that even where a winding up petition was pending or a winding up order had been passed against a company for debt ..... out by him in case he was required to vacate any residential premises allotted to him by the central government or by a local authority. the conferment of the right was 'notwithstanding anything contained elsewhere in this act or in any other law for the time being in force'. section 25b laid down special procedure for ..... no suit can be proceeded with.45. in jai engineering works ltd. v. industry facilitation council and anr. : air2006sc3252 , after referring to all leading decisions on the point and describing 1985 act as a `complete code', this court stated;the 1985 act was enacted in public interest. it contains special provisions. the said special provisions had been made .....
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