Court : Andhra Pradesh
Decided on : Dec-14-1998
Reported in : 1999(3)ALD699; 1999(2)ALT352
..... nothing prevented the petitioner to invoke the said clause and determine the contract after promulgation of bp ms. no.149 dated 28-12-1996 incorporating necessary amendment. the amendment has come into force with effect from july, 1998 and that is how the bills from july, 1998 have been revised demanding difference of amount is ..... to a class of consumers and intended to operate uniformly in future. even otherwise, i do not find any stipulation in the scheme or in the indian electricity act, conditions of supply or the regulations framed by the board, which otherwise contemplates observance of any principles of natural justice.14. reliance placed by the learned ..... is required to notice that the respondent-board in exercise of the power conferred by section 49 of the electricity (supply) act, 1948 (act 54 of 1948) and all contractual, statutory and other powers made amendment by deleting a paragraph under part 'd' of lt category iii (industrial) and is substituted by the following:'the tariffs .....
Tag this Judgment!Court : Chennai
Decided on : Dec-12-1998
Reported in : 2000(3)CTC565
..... of the petitioner allottee is governed by the provisions of thetamil nadu buildings (lease and rent control) act, 1960, as amended by tamil nadu act of 1973 and act 1 of 1990 or the provisions of transfer of property act, that as late as 15.7.96, the respondent corporation threatened the lessees with action for non- ..... required that the licensee on termination be given a reasonable time to remove his goods and nothing further. this is also the statutory provisions of the indian easement act. we hold that the petitioners/appellants have no right to continue the trade after termination of the license and the licensor could evict the unauthorised ..... a provision for removal of encroachments, namely, section 182. there are provisions for granting licences to sell in private or public markets. the public premises act is an act which provides for the eviction of unauthorised occupants from public premises. the definition of public premises lakes, premises vested with a local authority. the power .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-11-1998
Reported in : 1999CriLJ2388
..... we have no hesitation in saying that were a state affirmatively to sanction such police incursion into privacy it would run counter to the guarantee of the fourteenth amendment.murphy, j. considered that such invasion was against 'the very essence of a scheme of ordered liberty.it is true that in the decision of the u ..... sri sudhir mehrotra, learned addl. government advocate, on the other hand, contended that since the petitioners were convicted of an offence of dacoity under section 395, ipc and it is not their case that they have been acquitted, there was necessity to keep surveillance on them and the members of their family and accordingly this ..... a right of an individual to be free from restrictions or encroachments are directly imposed or indirectly brought about by calculated measures. if so understood, all the acts of surveillance under regulation 236 infringe the fundamental right of the petitioner under article 21 of the constitution. 16. article 21 of the constitution has, therefore, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-11-1998
Reported in : 1999CriLJ1919
..... alias baljinder kaur and kiran rani, accused were initially charged under sections 498-a, ipc and 304-b, ipc. subsequently the charges were amended and the charge under sections 498-a and 302, ipc read with section 34, ipc and in the alternative under section 304-b, ipc were framed to which they pleaded not guilty and claimed trial. 4. in order to ..... the prosecution and the accused in their defence, the learned sessions judge found that the prosecution also failed to establish its case against parveen kumar under section 498-a, ipc and the prosecution also failed to establish its case against jagdish ram, ms. kulwinder kaur alias baljinder kaur and ms. kirna rani, co-accused of parveen kumar for ..... in para 9 of the judgment it was observed by their lordships that (at page 32 of cri lj) :- 'under clause (1) of section 32 of the indian evidence act, 1872, a statement made by a person who is dead, as to the cause of his death or as to any of the circumstances of the transaction which resulted .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-10-1998
Reported in : 1999(2)ALD250
..... and it equally applies to both. it was further held that the provisions of usurious loans act, 1918 (act 10 of 1918) as amended by usurious loans (madras amendment) act 8 of 1936. section 3 of madras agriculturists debt relief act and a.p. agriculturists relief act, 1938 are not applicable to the advance made by the bank to the agriculturists. in ..... court elaborately considered the effect of section 21-a of the banking regulation act vis-a-vis the provisions of the usurious loans act and the agriculturists relief act and held that after the introduction of section 21-a of the banking regulation act, 1949 by amending act 1 of 1984 the courts have no power to scale down the ..... survives. as the liability is joint and several dl cannot escape from his liability merely because the claim as against d2 stood abated. section 43 of the indian contract act provides that when two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one .....
Tag this Judgment!Court : Kerala
Decided on : Dec-10-1998
Reported in : [1999]97CompCas216(Ker)
..... order as it thinks fit.'19. the provisions in sections 397 and 398 were first introduced in the indian companies act, 1913, as section 153c by the amendment act lii of 1951, following the enactment of section 210 of the english companies act, 1948. section 397 provides against oppression of minority shareholders and section 398 provides for relief against mismanagement ..... otherwise indicated.2. the city hospital private limited, the first defendant in o. s. no. 723 of 1992 is a private limited company incorporated under the indian companies act as per exhibit-a1 memorandum and articles of association and registered on july 12, 1971. the total share capital was originally rs. 5 lakhs divided into 500 ..... pondicherry on august 18, 1992, as he had to attend a meeting of examiners. he was at that time working as the director of the school of indian legal thought in the mahatma gandhi university at kottayam. the first plaintiff as p.w. 3 has also stated so. according to the first plaintiff, the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-09-1998
Reported in : (1999)1CALLT82(SC); [1999(81)FLR266]; JT1998(8)SC462; 1998(6)SCALE484; (1999)2SCC71; [1998]Supp3SCR435
..... members of west bengal higher judicial service. there is no dispute that the first respondents's pension was fixed in accordance therewith.3. the indian administrative service (pay) rules, 1954 were amended on the basis of the recommendation of the fourth central pay commission as per government order dated 13th march, 1987. thereby the previous single ..... may, 1987.8. in exercise of the powers conferred by sub-section(1) of the section 3 of the all india services act, 1951 the central government issued a notification on 22nd may, 1987 amending the all india services (death-cum-retirement) benefits rules, 1958. the word 'emoluments' has been defined thereby to mean the ..... retiral benefits cannot be availed of by such employee. in that case the employee retired voluntarily on 12.4.1976. later on the statutory rules were amended by notification dated 18.11.1976 granting benefit of additional qualifying service in case of voluntary retirement. the court held that the employee was not entitled to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-1998
Reported in : AIR1999SC436; JT1998(8)SC472; (1999)122PLR140; 1998(6)SCALE475; (1999)2SCC384; [1998]Supp3SCR404; (1999)1UPLBEC254
..... counsel for the appellant shri raju ramachandran urged that there was no such urgency as required dispensing with the inquiry under the act, that the acquired land was reserved for 'light industries' (later amended as green belt) in the master plan and, therefore, it was not permissible to acquire the land for fruit and vegetable ..... it was held in that case that the government could acquire any property under the act and later develop the same after obtaining the necessary approval of die concerned local authority under the development act. it was stated (at page 651) :'amendment of master plan is permissible with the approval of the state government under section ..... 13 of the u.p. urban planning and development act, 1973 and in the present case the master plan showing the .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-08-1998
Reported in : (1999)1UPLBEC233
..... termination of service. thus this condition contemplates a completely different disciplinary action other than contemplated in regulation 521. he next contends that the question as to whether amended regulation could be attracted in the case of the petitioner, is concluded by the judgment in case of general manager (operations) stage bank of india and ..... official administrative system. the petitioner having never disputed that there was no circulation of the said circular, the petitioner's individual ignorance is immaterial. when amendment was brought in the rules so long it stands and is not struck down or replaced, it is as much binding on every individual employee of ..... postulates a consideration by the bank, such consideration is a consideration by an employer with regard to its business being performed through its employees. whether an act will affect the bank's work or not is a question absolutely within the discretion of the employer to be taken into consideration, which is subjective .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1998
Reported in : 1999(1)BomCR455
..... section 36-a of the maharashtra land revenue code, no occupancy of tribal can be transferred after the commencement of the maharashtra land revenue code and lands (amendment) act, 1974 in favour of non-tribal by sale etc. except on an application of such non-tribal and except with the previous sanction of the concerned authority. ..... learned advocate general has stated that the government is not going to permit any developer to violate the statutory provisions of the indian forests act, 1927, forest conservation act, 1980 and the maharashtra felling of trees act. it is stated that the state government is not going to permit any reduction of forest cover. however, the learned ..... 13 lakhs foreign tourists visited india. the number increased by 5.3% in 1990. india also made considerable progress in local tourism in 1989. nearly 5 crores indian reported to have taken tours to various places throughout the country. clauses 11.2 and 11.3 of the said chapter mentions mawal-mulshi area is full of .....
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