Court : Mumbai
Decided on : Apr-16-2014
..... approach to the award of costs and has repeatedly recommended that the law commission should not only take up the matter, but that the high courts should amend the rules to reflect modern-day exigencies. however, the supreme court in sanjeevkumar jain held that the high court had misconstrued the decision of the supreme ..... incurred by the party in prosecuting his suit or his defence. we are now far removed from the days when "the plaintiff who failed was punished in amendment pro falso clamore,and the defendant, where the judgment was against him, in miserecordiacum expensis litis , for his unjust detention of the plaintiffs right". the theory ..... , consonant with the increased pecuniary jurisdiction, increased litigation costs and the decisions of the supreme court. the bombay pleaders act, 1920 must also be taken up for review so that a suitable replacement act or amendments can be suggested to the state government. 84. there will, therefore, be a decree for costs in favour of the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : May-05-2014
..... the order of appointment shall be drawn up in the form prescribed in that behalf, and shall state the period of appointment of such person.? by subsequent amendment introduced by the maharashtra act no.ix of 2012, brought into force with effect from 14-5-2012, the words œshikshansevak? in section 5 were replaced by the words œassistant teacher ..... the service and not as a shikshan sevak. this is the policy, which is incorporated under section 5 of the meps act. 17. section 5 of the meps act, by an amendment introduced by section 11 of the maharashtra act no.xiv of 2007, is reproduced below: œ5. certain obligations of management of private schools. (1) the management shall ..... (probationary)? shall hereinafter be referred to as the œshikshan sevak?). it is subsequent to this amendment that the services of the respondent no.1 were terminated on 31-10-2012. 18. sub-section (1) of section 5 of the meps act deals with a permanent vacancy. it states that every permanent vacancy shall be filled in by .....
Tag this Judgment!Court : Guwahati
Decided on : May-27-2014
..... a special court, shall be deemed to be a public prosecutor. 36-d. transitional provisions. (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988, which is triable by a special court shall, until a special court is constituted under section 36, notwithstanding anything contained in ..... 775 and raj deo sarma vs. state of bihar; reported in (1998) 7 scc 507; (1999) 7 scc 604 and the recent judgment in the case of indian bank association vs- union of india in wp(c) no.18 of 2013 ( date of order 21.4.2014). the judgment in the present case is also to devise ..... since long. counsel immediately realised that such a distinction if drawn would result in cases of indian citizens being further delayed at the behest of foreigners, a procedure which may not be consistent with law. he, therefore, rightly sought permission to amend the cause-title and prayer clauses of the petition which was permitted. in substance the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Dec-22-2014
..... issue a writ must be within its territorial jurisdiction either by residence or location. realising the difficulty of the people at large, the parliament amended article 226 by the constitution (fifteenth amendment) act, 1963, and added a new clause (1-a), which was then re-numbered as clause (2) by the constitution (forty-second ..... amendment) act, 1976, and that is what is the extant position. the underlying object of amendment was expressed in the following words:- under the existing article 226 of the constitution, the only high court which has jurisdiction with ..... the passage of time created a situation wherein the original suppression of involvement of the respondent in the prosecution for an offence under section 307 of the indian penal code did not remain so pernicious a misconduct on his part as to visit him with the grave punishment of termination from service on these peculiar .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-12-2014
..... integrity of this document high court chandigarh crl.misc.no.m-20508 of 2014 (o&m) 2 case, the law regards her as a major vide section 3 of the indian majority act, 1875. a major is deemed by the law to know what is in his or her welfare. (2) the wish of the girl. in the circumstances, we direct that ..... as under : there is no law which prohibits a girl under 18 years from falling in love with someone else. neither falling in love with somebody is an offence under ipc or any other penal law. desiring to marry her love is also not an offence. a young girl, who is in love has two courses available to her one is ..... nobody will harass, threaten or commit any acts of violence or other unlawful act on the petitioner, chanchali devi/mehvesh anjum and the petitioner's family members and they shall not be arrested till further orders in connection with the case in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-21-2014
..... 2009. in the course of trial for the offences under sections 147, 148, 324, 326, 307, 302 r/w 149 of ipc, sections 3, 4, and 6 of explosive substances act and section 25(1-b)(b) and 27 of arms act. they filed a petition before the ii additional sessions judge, kurnool at adoni who is trying the said case to appoint .....
Tag this Judgment!Court : Delhi
Decided on : May-23-2014
..... of cambridge. in 1958, the inter-state board for anglo indian education set up a council for the indian school certificate examination and on 19.12.1967, the council was registered as a society under the societies registration act xxi of 1860, (punjab amendment) act, 1957 as extended to the union territory of delhi.24. ..... to grant exemption under section 10(23c)(vi) of the income tax act, 1961 (hereinafter referred to as the act ) for the ay200809 onwards, to the petitioner.2. the petitioner is a society registered under the societies registration act xxi of 1860, (punjab amendment) act, 1957 as extended to the union territory of delhi. the petitioner ..... is recognised and listed as a body conducting public examinations under the delhi school education act, 1973.3. the petitioner had applied for the approval under .....
Tag this Judgment!Court : Kerala
Decided on : Sep-22-2014
..... petitioners herein, challenged the recommendations of the wage boards and the notification dated 11.11.2011 mainly on the following grounds:- (i) constitutional validity of the act and the amendment act, 1974. (ii) improper constitution of the wage boards (iii) irregularity in the procedure adopted by majithia wage boards. (iv) majithia wage boards overlooked the ..... the same is also covered as per the reasoning of the constitution bench 25 page 26 decision of this court. therefore, the challenge as to the amendment act, 1974 stands disallowed. 22) although, the aspect of violation of article 14 was intricately decided by the constitution bench, it is the stand of the ..... basis of gross revenue and relied on the observations in indian express newspapers (pvt.) ltd. (supra):- 53 page 54 "16...in view of the amended definition of the "newspaper establishment" under section 2(d) which came into operation retrospectively from the inception of the act and the explanation added to section 10(4), and .....
Tag this Judgment!Court : Delhi
Decided on : May-09-2014
..... are acceptable to them, and that necessary action to implement the "guidelines" has been initiated. details of the arrangements made with regard to the amendment of the constitutions and holding of fresh elections may also please be intimated. 7. having regard to the autonomy of the ioa and the nsfs ..... coaching camps for national teams representing india (code, paragraph 10.2), as well as getting coaches (code, paragraph 10.7), organizes for participation of indian teams in international competitions and training abroad (bearing costs of the sportspersons, their boarding, travel etc., code paragraph 10.4), acquires clearances for, and assists ..... sports clearly demonstrates that the constitution framers consciously placed the subject field in the state list. it was submitted that under the government of india act, 1935 ( 1935 act ), societies and associations, including those relating to sports were included in the state list (list ii, entry 33). theatre, dramatic performances, cinema .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2014
..... high court in narang overseas pvt. ltd. (supra). however, the said decision was dealing with and interpreting provisos to section 254 (2a) after amendment by way of finance act, 2008 w.e.f. 1st october, 2008. the said amendment has made substantial difference and has to be duly noted as reflecting a different legislative intent consequent to the ..... commissioner of central excise 2013 (30) str113(p&h), relating to provisions of section 35(2a) of the ce act. in the said decision after extensively ..... amendment. at this stage, we would like to take notice of the decision of punjab and haryana high court in pml industries ltd. vs. .....
Tag this Judgment!