Court : Gujarat
Decided on : Jan-23-1998
Reported in : AIR1998Guj169; (1998)2GLR262
..... paper mills limited (hereinafter referred to as 'cpm') have to be proceeded against for violating the provisions of the wild life (protection) act, 1972, as amended upto 1991, and under sections 119, 120-b, 408 and 409 of the indian penal code and section 13(2) read with section 18(1)(c) and (d) of the prevention of corruption ..... act, 1988. 3. order passed by the learned single judge on 10-4-1996, registering special civil application no. 2798 of 1996 was taken ..... to register cases and to prosecute the concerned delinquents. this, according to us, was clearly beyond his jurisdiction. even the provisions contained in the delhi special police establishment act, 1946 have been ignored, in as much as, the learned judge directed dispensation of the contest of the state government to exercise jurisdiction by the cbi. high .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-23-1998
Reported in : 1998CriLJ1837
..... business premises of the petitioner-manjit singh dhillon were searched by the officers of the enforcement directorate, jalandhar, under section 37 of fera, 1973, and indian currency amounting to rs. 70,500/- and certain documents were allegedly seized from the residential premises. it is further alleged that the personal search of saudagar ..... by the joint secretary i.e. detaining authority; (vi) further, the petitioners made a representation to the central government under section 11 of the cofeposa act addressed to secretary, government of india, ministry of finance, which has been considered by the joint secretary (cofeposa). the representation was not addressed to the joint ..... sunday). thus, there is no delay in consideration of the detainee's representation by the central government or the detaining authority. the detaining authority has acted promptly and diligently in issuing the detention order. 16. the search warrant was shown to the wife of the petitioner at the time of search and .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-22-1998
Reported in : ILR1998KAR2479; 1998(4)KarLJ117
..... allottee) shall be deemed to have been validly made and shall have effect for all purposes as if, it had been made under section 38b of the principal act as amended by this act and accordingly,...' from a reading of the above, it is clear that the bulk allotment made by the bda in accordance with section 38-b is validated. any ..... castes, scheduled tribes, minority communities and backward classes improvement centre, wherein it is held that the bda has no power to make bulk allotment. after this decision, the act has been amended by introducing sections 38-b and 38-c authorising the bda to make bulk allotment and to validate the bulk allotment already made by the bda. in view of ..... this case, on the basis of the resolution there is no order of allotment made by the bda in favour of the petitioner-society.13. section 38-b as amended by act no. 17 of 1994 provides for bulk allotment. under this section, the bda may make bulk allotment with the prior approval of the government. section 8 of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-1998
Reported in : AIR1999MP23
..... in the statute and in the light of the aims and objects of such provisions.21. the provision in section 170b of the code has been introduced by amendment act no. 15 of 1980 with obvious aim to protect aboriginals against exploitation and restore possession of agricultural lands to aboriginals who have lost them because of their unequal ..... as also section 170d barring second appeals in proceedings under section 170b of the code are applicable only to the scheduled areas in accordance with the above mentioned amendments incorporated to the code in terms of sub-paragraph (1) of paragraph 5 of the vth schedule to the constitution of india. i have examined the original ..... in the scheduled area. when i called the original notification named the scheduled areas (states of bihar, gujarat, m.p. and orissa) year 1977 published in current indian statutes, 1978 pt. i page 134, i find that only dondi tribal development block of balod tahsil in durg district is included in the scheduled area.9. the .....
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 : Andhra Pradesh
Decided on : Jan-21-1998
Reported in : 2000ACJ350; 1998(3)ALD244; 1998(4)ALT26
..... loss of expectation of life, pecuniary loss by adopting the multiplier method and accordingly rs.48,000/- was awarded as a whole, taking into consideration the fact that the amended act has fixed rs.25,000/- as the minimum compensation in all cases of death of a human being, whetheran adult or a child, man or woman. in fact ..... 1939) which came into force on 16th february, 1939 and the latest one is the motor vehicles act, 1988 (act no. lix of 1988), which came into force on 1-7-1989. the 1988 act has also undergone amendment by the motor vehicles (amendment) act, 1994 (act no. 54 of 1994) which came into force with effect from 14-11-1994. therefore, the ..... atleast in india, there wasno statutory basis to assess the compensation in such claims for the negligence of others till the indian fatal accidents act, 1855 was enacted to come on the statute book on 27th march, 1855 (act 13 of 1855). therefore, the first law was born almost one and half centuries ago in relation to awarding of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-21-1998
Reported in : [1999]97CompCas80(P& H); (1998)118PLR520
..... . consequently, while allowing these petitions, the petitioners banks/financial institutions are granted leave under the provisions of section 446(i) of the companies act to prosecute their petitions before the debt recovery tribunal in accordance with law. however, any execution of the decree/recovery certificate so issued in ..... can be concluded expeditiously without offending any provisions of the companies act. no statute can be understood to have the effect of throttling the proceedings which spring from another legislation and legislations must be permitted to ..... by mortgage and hypothecation deeds executed in their favour. such security is obviously subject to the statutory charge under section 529a of the companies act. the contesting respondents have not filed any reply to oppose these applications in spite of various opportunities. the proceedings before the debt recovery tribunal .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-1998
Reported in : 1998(3)ALLMR601; 1998(3)BomCR355; (1998)1BOMLR326; 1998(2)MhLj135
..... the court to consider whether the telecommunication department of the union of india would be an industry, within the meaning of section 2(j) of the act in the amended provision, which has not been brought into force. it is further held that the question as to whether the telecommunication department is an industry, within ..... the apex court has reviewed its judgment in the case of bombay telecommunication canteen employees association v. union of india, : (1997)iillj647sc and held that such an amendment made in the definition of the term 'industry' in 1982 has not been brought into force by the central government by issuance of notification required for the purposes and ..... the meaning of the definition contained in the existing unamended section 2(j) of the act, has to be answered, according to the decision of the apex court .....
Tag this Judgment!Court : Rajasthan
Decided on : Jan-16-1998
Reported in : AIR1999Raj22; 1999(2)WLC218; 1998(1)WLN88
..... and there was also knowledge of institution and pendency of the suit to the defendant and, lastly, the finding of the learned appellate judge that the amendment by way of addition of second proviso to rule 13 of order 9, cpc by amendment act 1976 could not be applied to the case in hand since the original suit was already pending when the ..... amendment came into force and hence no retrospective effect could be given to the newly added provision of rule 13 of order 9, cpc. 8. however, the learned ..... second proviso to rule 13 of order 9, cpc could not be applied to the proceedings of the suit which were already pending at the time of insertion of the amendment as such. 20. the learned counsel for the petitioners has also relied on the ratio of decision rendered in murarilal v. state of m.p. air 1980 sc 531 : (1980 .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-16-1998
Reported in : 1998(3)ALLMR610; 1998(3)BomCR337; 1998(2)MhLj570
..... crackers in the suit premises. but admittedly this documentary evidence or other evidence was not tendered before the trial court. 16. therefore, to enable both the parties to amend their pleadings and to adduce evidence, it is necessary to remand the matter to the lower court. hence order. 17. civil revision application is allowed and the orders ..... true that there is a specific condition in the rent note preventing the tenant from using the suit premises, storing explosives or inflammable articles. however, hyderabad rent control act initially empowers the landlord to evict the tenant only on account of pure and simple breach of the terms of the rent deed. the breach of the agreement has ..... ii)(b) is very clear. it provides that if landlord can evict the tenant, if he proves that the tenant has after commencement of the hyderabad rent control act, used the house for a purpose of other than for which it was leased. the wordings of sub-section (ii)(b) clearly shows that the landlord will have .....
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