Court : Karnataka
Reported in : 2006(5)KarLJ140
ORDERH.V.G. Ramesh, J.1. HRRP 511/2002 arises out of the order passed by the 19th Addl. Small Causes Judge, Bangalore in HRC 1506/1997. HRRP 567/1999 arises out of the order passed by the Addl. Small Causes Judge, Bangalore in HRC 1500/1997.2. HRC 1506/1997 was filed by the petitioner landlady seeking for possession of the petition shop premises beating No. 1 comprised in premises No. 283, 7th Cross, 1st Main Road, K N Extension, Yeshwanthpur, Bangalore 22, for her bonafide use and occupation for commencement of business. According to the petitioner, the petition premises was let out on a monthly rent of Rs. 300/- during the year 1970 for the purpose of running a General Stores by the tenant. According to the petitioner, the schedule shop premises and also other shop premises bearing Nos. 2 to 5 comprised in the property bearing No. 283 are adjacent to each other. The petitioner's husband has retired from service and her son has studied BBM and they intend to start a departmental store...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP96
ORDER1. N. T. Ramarao, the wellknown Telegu film star has recently formed a political party called 'Telegu Desam'. The avowed objective of this party as it can be gathered from the material papers filed in this case is to promote the all-rounded development of the Telugu people. With that objective in view, the Telugu desam decided to contest the state Assembly elections. For that purpose it applied to the Election commission of India New Delhi, for the allotment of an election symbol. No individual either on his own or as a candidate of a political party can contest elections to the parliament or to the state Legislatures without the contestant's name appearing on hte ballot paper. But in a largely illiterate country like ours, where voters can neither read nor write, appearance of a candiate's name on ballot paper would not help to ascertain the preference of the illiterate voter. Voters' preferences can only be shown through their choice of election symbols. The possession of a symb...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD269; 2000(1)ALT472
1. Both Civil Revision Petitions can be disposed of by a common judgment. The petitioner in both the Civil Revision Petitions is the auctionpurchaser of the suit schedule property in EP No. 33 of 1983.2. It is necessary to trace out the relevant facts leading to the filing of the Civil Revision Petitions. One Mr. Vemula Shivaramaiah filed suit in OS No. 115 of 1979 on the file of the Principal Subordinate Judge, Kurnool against late Byasani Laxmaiah for recovery of money and the said suit was decreed. By the time, EP proceedings were initiated, Laxmaiah expired and LRs., of Laxmaiah were made JDrs., in the EP late Laxmaiah had two sons, one daughter and wife. Execution proceedings were initiated by the decree holder Vemula Shivaramaiah (hereinafter called as decree holder for the purpose of convenience) and brought the schedule mentioned properties for sale. In pursuance of sale held by the Court on 12-3-1984, the auction purchaser Mr. N. Mohan Kumar, who is the petitioner in the prese...
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1022
Ravi S. Dhavan and Aloke Chakrabarti, JJ.1. Insofar as the litigation is concerned, tt is terminal after the decision of the Supreme Court dated 17th September, 1996 when the appeals filed by the State of Uttar Pradesh against the Judgment and order of the Division Bench of the High Court at Allahabad dated 23rd November, 1983 were dismissed. The issue related to the grant of the licences for wholesale vend of the Indian made foreign liquor in Form FL 2 on payment of fixed fee in accordance with the U. P. Excise Manual so framed under the United Provinces Excise Act, 1910. The licences were effective from 1st April. 1993 to 31st March. 1994. Two and half months after the licences had been granted, i.e., a contract betweenthe licencees and the State of Uttar Pradesh was complete, a notification dated 25th May. 1983 was issued required the licensees to pay. assessed fee. in addition to licence fee. The licence fee had already been paid and deposited. This action under the notification wa...
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR336; [2008(4)JCR316(Jhr)]
D.G.R. Patnaik, J.1. Since common question of law arises on the basis of identical facts in all the three writ applications, they are heard and disposed of together by this common order.2. Challenge in these writ petitions is against the initiation of the land acquisition proceeding vide L.A. Case No. 1 of 2006-07 (Annexure-3) in respect of the lands belonging to the petitioners. The petitioners have challenged the notification issued under Section 4(1) of the Land Acquisition Act and the declaration under Section 6 of the Land Acquisition Act.3. Petitioners claim themselves to be owners of the various units of land situated within Pundag and other areas and this fact is confirmed by the revenue records of the State Government, wherein the names and identity of the petitioners in respect of their respective area of land, stands mutated and they are in occupation and possession of their respective lands.4. A public interest litigation vide W.P. (PIL) No. 149 of 2003 was filed before thi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC230; [1966]1SCR319
Gajendragadkar, C.J.1. This appeal arises out of a suit filed by the appellant, Mirza All Akbar Kashani, against the two respondents, the United Arab Republic, and the Ministry of Economy, Supplies, Importation Department of the Republic of Egypt at Cairo, on the Original Side of the Calcutta High Court. By his plaint, the appellant claimed to recover from the respondents damages assessed at Rs. 6,07,346 for breach of contract. According to the appellant, the contract in question was made between the parties on March 27, 1958. Respondent No. 2 which was a party to the contract had agreed to buy tea from the appellant upon certain terms and conditions; one of these was that respondent No. 2 would not place any further orders in India for purchase of tea with anyone else during the tenure of the contract and that it would, in every case, give the appellant the benefit of the first refusal for respondent No. 2's additional requirements. The appellant alleged that during the tenure of the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2002(Suppl1)SC577; 2002(1)SCALE273; (2002)3SCC76; [2002]1SCR377
Arijit Pasayat, J.1. Lehna (hereinafter referred to as accused) was awarded 'Sentenceof Death' by the learned Sessions Judge, Sonepat which has beenconfirmed by the Punjab & Haryana High Court. Accusations against himwere that he took away the lives of his mother, brother and sister-in-law.It was also alleged that he caused injury on his father Suraj Mal (PW-6)and nephew - Chand (PW-7). He was tried for allegedly committingoffences punishable under Sections 302 458 and 324 of the Indian PenalCode 1860 (in short 'IPC'), was found guilty and accordingly convicted.Corresponding sentences imposed were sentence of death, 4 years and 6months respectively. The sentences were directed to run concurrently.2. Prosecution version sans unnecessary details is as follows:Suraj Mal (PW-6) had two sons i.e. the accused and Jai Bhagwan(hereinafter referred to the deceased by that name) and a Youngerbrother Dariya Singh. The accused and deceased-Jai Bhagwan wereresiding separately. Suraj Mal (PW-6) owne...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC56; [1960]40ITR490(SC); [1961]1SCR453
Hidayatullah, J.1. This is an appeal with the special leave of this Court against the judgment of the High Court of Rajasthan dated April 22, 1954. The appellant is a private limited company, which was incorporated in 1945 in the former Kotah State. The income-tax authorities sought to tax its profits and income for the assessment year 1950-51, corresponding to the previous year, 1949-50. The appellant claimed exemption under section 14(2) (c) of the Indian Income-tax Act, 1922, as it stood before the amendment in 1953, contending that the exemption stood good even after the amendment. This claim was rejected by the High Court, which was moved under Art. 226 of the Constitution. Hence this appeal. 2. Prior to the integration of the Kotah State into the United State of Rajasthan in 1949, there was no income-tax law in force in Kotah State. Till the formation of the State of Rajasthan, there was no such law in force in any part of Rajasthan, except Bundi State. The Indian Finance Act of ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC624; 1983CriLJ1052; 1983(1)Crimes1170(SC); 1983(1)SCALE487; (1983)3SCC307; [1983]2SCR982
1. This petition under Article 32 of the Constitution raises a question of some nicety. The question is whether the 'right to be defended by a legal practitioner of his choice' under Article 22(1) of the Constitution comprehends the right of an accused to be supplied with a lawyer by the State.2. The petitioner is an advocate-on-record practising in this Court and has been arraigned along with four others to stand his trial for the commission of an alleged offence of murder in furtherance of criminal conspiracy punishable under Section 302 read Section 120-B of the Indian Penal Penal Code in what is known as the Samastipur Bomb Blast case in the Court of the Additional Sessions Judge, Delhi. Bawa Gurcharan Singh engaged by the main accused Santoshanand and Sudevanand as senior counsel was also appearing for the petitioner as a matter of professional courtesy to a fellow member of the Bar. The evidence of the first approver P.W. 1 Madan Mohan Srivastava @ Visheshwaranand was concluded o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC192; 1975LabIC141; (1975)ILLJ198SC; (1975)3SCC602; [1975]2SCR894; 1975(7)LC42(SC)
V.R. Krishna Iyer, J.1. We may as well begin this judgment with a prefatory sociological observation. The meaning of two common expressions 'teaching experience' and 'teaching institution' incarnated into a legal frame and subjected to forensic dissection and examination during three years of litigation makes up this bitter contest between a talented orthopedic surgeon and two like rivals trying to break each other's academic bones to gain the post of Lecturer in Orthopedics, one in each of two government medical colleges in Bihar. Our judicial bone-setting operation cannot undo the social farceur inflicted by this long expensive bout in court. Research and reform of 'he system is needed if the therapeutic value of law is to last and be not lost.2. The two appeals before us, by special leave, unfold a musical-chair type situation where three candidates ran for two posts in the government-run Patna and Dharbanga Medical Colleges. Inevitably one lost or, rather, was screened as ineligibl...
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