Court : Mumbai Nagpur
Decided on : Dec-12-2014
..... . in view of the fact that relevant subsequent event is intended to be brought on record, application is allowed. office to register the application. petitioner to carry out amendment forthwith. 2. wp no. 396 of 2014 : rule. heard forthwith by consent of parties. 3. this petition involves a short but important question of law viz. ..... assistant government pleader, since a criminal case was pending against the petitioner for the offences punishable under sections 420, 468, 471 read with section 34 of the indian penal code, it was within the jurisdiction of the appointing authority i.e. respondent no. 3 to terminate the services of the petitioner on the said ground. ..... were pending against him. on 13.8.2012 petitioner was relieved from his service. on 16.8.2012 petitioner preferred oa under section 19 of the administrative tribunals act, 1985 before the tribunal. oa so filed by the petitioner was dismissed on 27.8.2012. aggrieved thereby, the petitioner has filed the present writ petition. 5 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2014
..... to think so as section 285 uses the term "cart-stand" and by way of amendment, it has been specified that a cart- stand would be 'stand' for a carriage including motor vehicles within the meaning of 1939 act. the proviso to section 285-a also uses the phraseology "stand" solely for the ..... is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to take upon itself the task of amending or alternating (sic altering) the statutory provisions. wherever the language is clear the intention of the legislature is to be gathered from the language used. ..... we have modified the same direction as per our direction and the corporation shall follow the directions which are stated hereinabove. we expect the corporation to act in quite promptitude and become more vigilant, for it protects the collective interest. ........................................j.[dipak misra]. .........................................j.[uday umesh lalit]. new delhi december12 2014. .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-11-2014
..... or the date of expiry of the maximum period allowed for first renewal, whichever is earliest. however, amended rule provided that this shall not apply to renewal under sub section (3) of section 8 of the mmdr act, 1957. further amendments were brought in rule 9 of the said rules. the state government through its letter dated 20.08. ..... to the petitioner, the said letter indicates that the state government had in principle taken a decision to renew mining lease of the petitioner. in the meantime, the indian bureau of mines (in short ibm) gave a report on 28.08.2014 in terms of mc rules 1960 recommending grant of renewal in favour of the petitioner. further ..... mining lease, the petitioner-company submitted an application on 17.12.2009 for grant of renewal of the mining lease. in the meantime, the report of the indian bureau of mines was also received by the state government and the state government itself wrote a letter to the central government opining that the condition contained in section .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2014
..... mr.muchhala's submission is that since the appellant is domiciled in the united states outside the indian territory at all material times has not married under the hindu rites he is not subject to the provisions of the hindu marriage act. 29. having considered the rival contentions in our view the following questions arise : firstly, ..... heard and disposed of by the court as expeditiously as possible and shall not in any case be adjourned to the hearing of the suit." this maharashtra amendment requires the court to determine at the hearing of any application for the interim relief, the issue as to jurisdiction of court as a preliminary issue ..... the propositus immediately he abandons his domicile of choice. these principles are culled out from the various judgments of the supreme court, high courts and also the indian and english private international law. these principles are of great relevance in the matter concerning domicile of choice. thus, keeping these principles in view, we proceed .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-11-2014
..... as in 1957 had, in united commercial bank ltd. v. cit (1957) 32 itr 688 (sc), held that the heads of income provided for in the sections of the indian income tax act, 1922 are mutually exclusive and where any item of income falls specifically under one head, it has to be charged under that head and no other. in other words ..... the assessing officer could have proceeded to levy and assess the gains derived as capital gains. it may be that sub-section (2) of section 55 clause (a) having been amended, there is a stipulation with regard to the tenancy rights. however, even in the case of tenancy right, the view taken by the hon'ble supreme court, after the provision ..... judgment of the hon'ble supreme court in the case of cit v. b.c. srinivasa shetty [1981] 128 itr 294/5 taxman 1 and the amendment to section 55(2) of the income tax act and held that the assessee did not incur any cost to acquire the leasehold rights and that if at all any cost had been incurred it .....
Tag this Judgment!Court : Chennai
Decided on : Dec-11-2014
..... the ratio of 75%:25% is to be maintained in the whole of the cadre and was accordingly reflected in the subsequent amendment which was brought about in the rules of 1958 in purported exercise of the power under the act of 1958 (sic 1968).therefore, this general rule which is not repugnant with the rules of 1974 will prevail and the ..... 1968, therefore, the rules of 1958 which have already been deemed to have been made under the act of 1968 and the amendment which has been brought out by appending note (3) is also under the act of 1968. as such, the argument of learned senior counsel cannot now survive. the rules of 1958 are of general nature which clearly stipulates that cadre .....
Tag this Judgment!Court : Delhi
Decided on : Dec-11-2014
..... unfilled reserved vacancies in a recruitment year should be carried over to the next recruitment year as per rules and the same cannot be cancelled/erased by amending the recruitment rules prospectively; 3. the contractual appointees of 2005 against backlog reserved vacancies only should be regularized as the selection process was elaborate and as ..... .43. (3) if the corporation is found to be disciplinary authority, it would be bound by the directive issued by the lt. governor and would act according to the said directive for which the matter would be placed before the corporation for necessary sanction. while concluding the arguments, mr.gupta, learned counsel ..... in the reserved vacancies in a recruitment year should be carried over to the next recruitment year as per rules; the same cannot be cancelled/erased by amending the recruitment rules prospectively.51. as noted above, the aforementioned inquiring authority did not point out what were the faults in the vacancies advertised in rd .....
Tag this Judgment!Court : Delhi
Decided on : Dec-11-2014
..... unfilled reserved vacancies in a recruitment year should be carried over to the next recruitment year as per rules and the same cannot be cancelled/erased by amending the recruitment rules prospectively; 3. the contractual appointees of 2005 against backlog reserved vacancies only should be regularized as the selection process was elaborate and as ..... .43. (3) if the corporation is found to be disciplinary authority, it would be bound by the directive issued by the lt. governor and would act according to the said directive for which the matter would be placed before the corporation for necessary sanction. while concluding the arguments, mr.gupta, learned counsel ..... in the reserved vacancies in a recruitment year should be carried over to the next recruitment year as per rules; the same cannot be cancelled/erased by amending the recruitment rules prospectively.51. as noted above, the aforementioned inquiring authority did not point out what were the faults in the vacancies advertised in rd .....
Tag this Judgment!Court : Delhi
Decided on : Dec-11-2014
..... unfilled reserved vacancies in a recruitment year should be carried over to the next recruitment year as per rules and the same cannot be cancelled/erased by amending the recruitment rules prospectively; 3. the contractual appointees of 2005 against backlog reserved vacancies only should be regularized as the selection process was elaborate and as ..... .43. (3) if the corporation is found to be disciplinary authority, it would be bound by the directive issued by the lt. governor and would act according to the said directive for which the matter would be placed before the corporation for necessary sanction. while concluding the arguments, mr.gupta, learned counsel ..... in the reserved vacancies in a recruitment year should be carried over to the next recruitment year as per rules; the same cannot be cancelled/erased by amending the recruitment rules prospectively.51. as noted above, the aforementioned inquiring authority did not point out what were the faults in the vacancies advertised in rd .....
Tag this Judgment!Court : Chennai
Decided on : Dec-11-2014
..... has been registered."14. the power of inspector general to superintend registration offices and make rules has been provided for under section 69 of the act. since the main attack to the impugned amended rule 54 by the petitioner is that the authority has exceeded his rule-making power, the said section 69 is extracted hereunder for easy reference ..... shall now proceed to discuss the other aspects argued on either side.7. since the respondents are heavily relying on rule 54 of the puducherry registration rules, 1969, as amended by the notification issued by the inspector-general of registration, pondicherry, dated 2.8.2004, published in the gazette of the pondicherry, the petitioner has also filed w.p ..... respect of the lands in r.s.nos.117 and 118 of the said village. it is his further contention that he had applied for a loan to the indian overseas bank and that the bank had formally agreed to sanction the loan and that in view of the impugned communication, he was not able to get the sale .....
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