Court : Chennai
Decided on : Jan-31-2014
..... , it is necessary to take note of the fact that clause (3) was inserted originally by the constitution (42nd amendment) act, 1976. later, it was substituted by the present clause (3) by the constitution (44th amendment) act, 1978. a careful look at clause (3) would show that it comprises of two parts namely (1) a ..... , i have found on facts that the petitioner has been guiding the research scholars for ph.ds. he was appointed as examiner in several universities, including the indian institute of technology, madras. therefore, the decision in raja ram verma, would also not support the respondents.91. in chief officer, nagar parishad vs. pratibha pradip ..... . the deputy registrar of cooperative societies [2007 (5) ctc369(fb)]. vi. kesoram rayon & kesoram ind. ltd. vs. pran ballav das [2010 stpl (le) 43283 (sc)].; vii. indian institute of technology, kanpur vs. raja ram verma [2010 stpl (le) 44518 (sc)].; viii. chief officer, nagar parishad vs. pratibha pradip gaikwad [2011 (4) bom.c.r. 690 .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-2014
..... that the petitioner is the district secretary of bahujan samaj party, north chennai. it is claimed by him that his is a major political party in indian continent and it is fighting for socially underprivileged and marginalized people through constitutional means and within the purview of established law. the petitioner also claims that ..... for the purpose of regulating public assemblies and processions and licensing of the same in the places in question, the provisions of section 30 of the police act, 1861 are applicable and the said section reads as under: (1) the district superintendent or assistant district superintendent of police may, as occasion requires, ..... therefore be exercised by the judiciary with the utmost humility and self restraint.39. the judiciary must therefore exercise self-restraint and eschew the temptation to act as a super legislature or a court of appeal sitting over the decisions of the administrative authorities. by exercising self-restraint it will enhance its own .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Jul-16-2014
..... emergency. 12. in j.k. industries ltd. and others v. chief inspector of factories and boilers and others, (1996) 6 scc 665 highlighting the object of the amending act of 1987, by which section 7 a of the act, 1948 was inserted in the act, 1948, their lordships of the supreme court expressed about the responsibility of an occupier as under: 38 ..... the factory that is safe and without risk to the workers working in it. section 7 a of the act, 1948 was not originally included in the act, 1948. section 7 a of the act, 1948 was inserted by the amending act 20 of 1987 to provide especially for the safeguard to be adopted against the use and handling of hazardous ..... . by the amending act of 1987 it appears that the legislature wanted to bring in a sense .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-10-2014
..... the state could not be withdrawn as the constitution (scheduled castes) order, 1950 did not make a distinction between the two categories of thandans till the amendment act of 2007 for the first time introduced such a difference.29. that apart the question of ouster of ezhuvas and thiyyas known as thandan on account ..... thandan was included as a scheduled caste for the entire state of kerala.23. consequent upon the promulgation of the scheduled castes and scheduled tribes orders (amendment) act, 1976, the kerala state government started receiving complaints alleging that a section of ezhuva/thiyya community of malabar areas and certain taluk of malabar districts who ..... that a large number of applications for change of caste name from thiyya to thandan had been received pursuant to the scheduled castes and scheduled tribes order (amendment) act, 1976 and ordered that all such certificates as were corrected on the basis of such applications after 27th july, 1977 ought to be scrutinized by a .....
Tag this Judgment!Court : Kerala
Decided on : Jan-07-2014
..... that the prosecution is incompetent. learned counsel for the petitioner would argue that the learned magistrate could not have taken cognizance on a police report prior to the amendment of the electricity act, 2003 on 15-06-2007. learned counsel for the petitioner would contend that crl.m.c.no.4382 of 2011 2 the entire amount found to be ..... due from the petitioner as energy charges was paid. it is also found by the division bench that the amendment to section 151 of the electricity act is prospective in nature. following is the finding : " a perusal of the aforesaid provisions will clearly indicate that until 15/06/2007 with effect ..... effect from 15/06/2007 with the introduction of first proviso to section 151 crl.m.c.no.4382 of 2011 3 of the act. no body had entertained any doubt prior to the above amendment that there was a statutory interdict against the magistrate taking cognizance on a police report. even the referring judge has made it explicitly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-28-2014
..... herein that revised government policy dated april 23, 2010, which fundamentally changes the prospects of promotion of the respondent, was discriminatory. it also amounted to retrospective amendment to the promotion policy, which could not be to the detriment of an employee thereby taking the rights accrued to him by virtue of the policy governing his ..... assurance of ministry of defence. there is no breach of any service conditions under the army act and rules. the non-selection of the petitioner is on account of the service conditions as mentioned in om dated 28th october, 1978, as amended from time to time. therefore, the objection raised by the learned counsel for the respondent, ..... as well as the background facts in which the oa seeking such a relief was filed. the respondent joined the indian army as a major. indubitably, in that capacity he was subject to the discipline of the army act, 1950. it is a normal practice that the personnel belonging to the armed forces, namely, army, air .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-31-2014
..... which attract the provisions of non-commercial quantity as per amendment carried out in the ndps act in the year 2001. appendix-i appended to the ndps act clearly spells that the case of the appellants would attract the provisions of non-commercial quantity. the relevant extract of ndps (amendment) act, 2001 (9 of 2001) is reproduced as under:- ..... 41. application of this act to pending cases.- (1) notwithstanding anything contained in subsection (2) of section 1, all cases pending before the courts or under investigation at the commencement of this act shall be disposed of in accordance ..... of the principal pooj.sharma201408.21 10:00 crl. appeal no.s-1125-sb of 2007 (5) act as amended by this act and accordingly, any person found guilty of any offence punishable under the principal act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-2014
..... , thereby reducing the chances of its success.7. under the circumstances, the petition is allowed, and fir no.165/2012 registered under section 379 ipc read with section 135 of the indian electricity act (amend) 2003 at police station jaitpur on 18.05.2012, and all proceedings emanating therefrom, are hereby quashed.8. the petition is disposed off.9. ..... .c. no.4832/2014 1. this petition under section 482 cr.p.c. seeks quashing of fir no.165/2012 registered under section 379 ipc read with section 135 of the indian electricity act (amend) 2003 at police station jaitpur on 18.05.2012, on the ground that the matter has been amicably settled between the parties.2. issue ..... terms of the relevant assessment bill for theft (direct theft), and that there are now no dues claimed by the second respondent in terms of the relevant act and rules.4. counsel for the second respondent affirms this position and states that the matter has been amicably settled; and that the second respondent does not .....
Tag this Judgment!Court : Delhi
Decided on : Sep-09-2014
..... significant sources of delay in the judicial process. in the year 1999, as per the recommendations of law commission, the provision for amendment of pleadings was altogether deleted by amendment act no.46 of 1999. the deletion of the provision led to widespread protests by different legal bodies and as a result in the ..... withdraw certain admissions made by it in its unamended written statement regarding similarity between its trademark(s) ( indian heritage/heritage heritage select ) and that select/indian of the appellant (heritage); and (iv) the application seeking amendment of written statement filed by the respondent no.1 three years after filing of the suit by the ..... on november 10, 2009 the respondent no.1 filed its written statement essentially stating therein that it is continuously using the trade mark(s) indian heritage select/indian heritage/heritage select since the year 1985 much before trade mark heritage was adopted/use by the appellant and is also the registered proprietor of .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Mar-03-2014
..... complete procedure is changed and requisition for increasing the number of vacancies was sent to the commission on 11.10.2012 after the date of amendment, therefore, there was no occasion for the respondent rajasthan public service commission to include those additional/increased vacancies in the present selection process because ..... answer scripts evaluated by the same examiner, therefore, it becomes necessary to distribute the answer scripts amongst several examiners for evaluation with the paper-setter acting as head-examiner. when more than one examiners evaluate the answer scripts relative to a subject disparity will creep into the marks awarded by different ..... or notification issued/published calling for applications constitutes a representation to the public and the authority issuing it is bound by such representation. it cannot act contrary to it. one reason behind this proposition is that if it were known that persons who obtained the qualifications after the prescribed date but .....
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