Court : Supreme Court of India
Decided on : Feb-05-1998
Reported in : JT1998(1)SC555; 1998(1)SCALE468; (1998)3SCC704; [1998]1SCR685; 1998(1)LC408(SC); (1998)2UPLBEC1004
..... 1990 or ph. d. degree upto december, 1992 shall not be required to qualify in such a comprehensive test. '8. thus, the effect of the amending act amending the principal act and by insertion of clause (c) to sub-section (3) of section 31 would be mat any lecturer who was appointed without reference to the selection ..... judgment are as under :'good academic record with at least 55% marks or an equivalent grade at master's level in the relevant subject from an indian university or an equivalent degree from a foreign university. candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by ugc ..... stage the university made an advertisement in which wrong or lesser qualification was mentioned is wholly irrelevant and that advertisement cannot override the requirement of the amending act. it has been consistently held that a person not possessing prescribed qualification cannot be appointed in a university or in an affiliated college and if .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-1998
Reported in : (1999)152CTR(SC)393,[1998]236ITR23(SC),[1998]103TAXMAN363(SC)
..... grants for the needy and deserving persons to meet marriage expenses is a charitable object and the assessee was entitled to exemption under section 4(3)(i) of the indian income tax act, 1922?(5) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the assessee-trust was entitled to the exemption ..... required to carry out the objects of the trust and spend the trust funds for charitable purposes in the manner indicated therein. no power was given to the trustee to amend, alter, vary or change in any manner the objects of the trust as created in 1941. the result of this is that neither the trustee nor the founders could bring ..... the trust been a party to that decision, it possibly may have brought to the notice of this court the fact that it had been constituted in 1941 and the amendments which were sought to be made by the deed dated 1.7.1944 were invalid in law. in our opinion, the decision, of this court in east india industries case .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-1998
Reported in : AIR1998SC1400; 1998(2)ALLMR(SC)528; 1998(2)ARBLR1(SC); 1998(2)BLJR819; 1998(1)CTC443; JT1998(2)SC149; (1998)IIIMLJ54(SC); (1998)120PLR802; RLW1998(2)SC183; 1998(2)SCALE58;
..... balance amount of sale consideration, the earnest money shall stand forfeited.6. during the pendency of the appeal before the additional district judge, respondent made certain amendments in the plaint which have been set out in the judgment of the lower appellate court as under:-'(a) he corrected the area of the suit land ..... it was subsequently discovered that brahmatter rights did not carry mineral rights. the high court held that the agreement became void under section 20 of the contract act as soon as the mistake was discovered and, therefore, the plaintiffs were entitled to refund of money advanced under a contract which was subsequently discovered to be ..... matter at the time of entering into the agreement or executing the document. such realisation would have the effect of invalidating the agreement under section 20 of the act. on such realisation, it can be legitimately said that the agreement was 'discovered to be void'. the words 'discovered to be void', therefore, comprehend a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-29-1998
Reported in : 1998IAD(SC)435; AIR1998SC801; JT1998(1)SC289; 1998(1)SCALE256; (1998)2SCC536; [1998]1SCR411; [1998]109STC134(SC)
..... goods. as a result, government is losing huge amount to tax to overcome this situation government decided to amend the act suitably.'12. having regard to the phraseology and the objects of the amending act extracted above, it is fairly clear that the amendment in explanation to section 2(xxvi) was made with a view to alter the legal position that closing ..... stock held outside the state will not acquire the character of last purchase till it is sold. prior to passing of the amendment act, non-obstante clause occurring in the explanation to section 2(xxvi) did not permit the application of section 8(b) of the ..... by the high court of kerala.2. according to the appellant, it purchases areca nuts locally and after processing them dispatches the same to agents in the north indian states for sale on consignment who effect sales according to the market trends and render accounts, sales statements to the appellant. drafts or cheques for sale proceeds less expenses .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-1998
Reported in : 1998IAD(SC)374; AIR1998SC805; JT1998(1)SC167; 1998(1)SCALE149; (1998)2SCC651; [1998]1SCR240; (1998)1UPLBEC599
..... that the contentions raised on behalf of the assistant audit officers were unacceptable in that, if accepted, they would lead to unjust results of the indian railways conferring special privileges and facilities upon persons belonging to foreign department of comptroller and auditor general of india while their own servants who held equivalent posts ..... pay scales drawn by the government teachers. this was in pursuance to section 7 of the punjab privately managed recognised school employees (security of service) act, 1979. there was no dispute that the pay scales and dearness allowance which were being paid to the private teachers were not less than what was ..... & ors., : (1998)1scc428 employees unions of various banks which were subsidiaries of the state bank of india under the state bank of india (subsidiaries banks) act, : (1998)1scc428 , better medical facilities and extra increments in their pay-scale on the ground that such benefits were available to the employees holding equivalent or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-1998
Reported in : 1998IAD(SC)385; AIR1998SC831; 1998(1)ALD(Cri)323; 1998(1)ALLMR(SC)705; [1998]91CompCas895(SC); (1998)2CompLJ217(SC); 1998CriLJ1111; JT1998(1)SC111; 1998(1)SCALE95; (1998)2S
..... to be noted. sub-section (1) thereof lays down that 'on and from the commencement of the special court (trial of offences relation to transactions in securities) amendment act, 1994, the special court shall exercise all such jurisdiction powers and authority as were exercisable, immediately before such commencement by any civil court in relation to any matter ..... an architect by profession. that accused is the son of his brother, that is, his nephew. he filed a criminal complaint under section 409 of the indian penal code ('ipc' for short). we will refer to the respondent as the complainant and the appellant as the accused in the latter part of this judgment. the complainant's ..... that as the appellant - accused is not a notified person as per section 3 sub-section (2) of the act the special court will have no jurisdiction to try him for the offence under section 409 of ipc but it is the regular criminal court which can try such an offender.rival contentions9. learned senior counsel, shri raju .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-07-1998
Reported in : JT1998(1)SC18a; 1998(1)SCALE34; (1998)2SCC242; [1998]1SCR4; 1998(1)LC368(SC); (1998)1UPLBEC345
..... first time to see if the judgment needs a reversal.10. we shall now proceed to take up the main issues arising in this appeal.11. section 14-b as amended by act 40/73 w.e.f. 1.11.1973, confers power on the concerned authority to recover damages. where an employer makes default in the payment of any contribution to ..... that the department permits a 'grace period' of 5 days and it is only thereafter that the damages are computed. section 11 of the act deals with 'penalties'. further under section 405, explanation-i of the indian penal code, 1860, if a person being an employer, deducts the employee's contribution from the wages payable to the employees for crediting to ..... period of limitation for computing and recovering the arrears. as the amounts are due to the trust fund and the recovery is not by suit, the provisions of the indian limitation act, 1963 are not attracted. in nityanand m. joshi v. life insurance corporation of india, : (1969)iillj711sc , it has been held that the limitation .....
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