Court : Delhi
Reported in : 47(1992)DLT575
..... he had failed to do so. he was once again advised to report to the unit within 10 days. failing which necessary apprehension roll for apprehension by the civil police authorities would beissued. the petitioner did not report for duty and on the contrary served the respondents with a legal notice dated 19/07/1988, to the effect that ..... being conducted against one of the other members of thestaff.(2) the brief facts, which are relevant for the present controversy, are that the petitioner joined service in the border roads organisation of the general reserve engineer force as a civilian superintendent b/r grade ii on 3/08/1966. he was promoted as superintendent b/r grade i as ..... m. nayar, j.(1) the present petition is directed against (a)apprehension roll, issued vide no. 1011/219/14/e dated 17/09/1988,by the respondent border roads organisation, on the ground, that the petitioner was absent without leave with effect from 26/05/1988, and thus committed a cognizable offence under section 39 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC847; [1992]73CompCas762(SC); JT1992(1)SC463; 1992(1)SCALE264; (1992)2SCC255; [1992]1SCR481
..... , so as to avoid any ambiguity or uncertainty. the right accrues or liability arises exactly as prescribed by the statute. decisions such as keshave nilkanth joglekar v. the commissioner of police, greater bombay [1975] scr 653, and salim v. state of west bengal : [1975]3scr394 , deal with the expression 'forthwith' in the context of preventive detention demanding a liberal or reasonable .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT86
Sivaraman Nair, J.1. Petitioners challenge the constitutional validity of,Sections 3 and 5 of A.P. Co-opdrative Societies (Amendment) Act 13/90. 'The facts leading to these writ petitions are representative in character in view of the averments and the reliefs sought in them. We will therefore, refer to facts in W.P.No. 17035 of 1990.2. Peittioher was elected as President of the District Co-operative Central Bank, Karimnagar in the year 1987. In that capacity, he was a Member of the General Body and Managing Committee of the A.P. State Co-operative Bank as also the A.P. State Agricultural Land Development Bank. These will be referred to hereafter as 'Apex Banks'. These apex banks elected the petitioner as their President. The term of office of elected members of Management Committees was three years according to the provisions contained in A.P. Co-operative Societies Act, 1964. The period was extended to five years by A.P. Co-operative Societies (Amendment) Act 16/1989. The period of t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ693
..... 582 have been quoted with approval on the rule of pith and substance. reliance is also placed on a full bench decision of gauhati high court in the case of border security force v. state of meghalaya, air 1989 gauhati 81.30. learned counsel appearing for the state disputed the contention of the petitioner that the 'appropriate government' on the subject .....
Tag this Judgment!Court : Chennai
Reported in : (1992)2MLJ252
Srinivasan, J.1. The plaintiffs, who succeeded in the trial court but failed in the appellate Court, have preferred this second appeal. The suit relates to three items of properties. The first two items arc agricultural lands and the third item is a house.2. The relationship of the parties is not in dispute. The plaintiffs are the sons of Abdul Kuthoose Rowther, son of Kader Moideen Rowther. The third defendant is the sister of Abdul Kuthoose Rowther and the daughter of Kader Moideen Rowther. The first defendant is the daughter of the third defendant. The second defendant is a stranger. For the sake of convenience, the parties will be referred to by their rank in the suit, as plaintiffs and defendants.3. The case set out in the plaint is as follows: Kader Moideen Rowther died more than fifty years prior to suit and Abdul Kuthoose Rowther died about twenty years prior to suit. The latter was entitled to the suit properties and he was in long, continuous and open possession and enjoyment...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1110; JT1992(2)SC470; (1993)1MLJ9(SC); 1992(1)SCALE571; (1992)3SCC14; [1992]2SCR47
ORDERS.C. Agrawal, j.1. These appeals by special leave directed against the judgment dated April 25, 1975 of the Andhra Pradesh High Court in Appeals Nos. 87 and 362 of 1972, involve the question whether the Temple of Sri Anjaneya Swami (hereinafter referred to as 'the suit temple') situate at Valuthimmapuram in Peddapuram Taluk, East Godavari District of the State of Andhra Pradesh is a private temple and not a public temple and the appellant as the hereditary trustee of the suit temple is entitled to the possession of the temple and the properties attached to it.2. After the enactment of the Madras Hindu Religious Endowments Act, 1926 (Madras Act II of 1927), hereinafter referred to as 'the 1927 Act', Turanga Rao, father of the appellant, submitted an application (O.A. No. 117 of 1934) under Sections 18 and 84 of the said Act wherein it was claimed that the suit temple is a private temple and the applicant was the hereditary trustee of the same. One M. Satyanarayana Murthy of Peddapu...
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT225; 1992(I)OLR421
..... and then proceed with the trial. therefore, an excise official investigating into an offence under the act cannot be held to be a police officer nor the report submitted by him can be equated with a report submitted under section 173 cr. p. c. the question whether an excise officer having invested ..... authorised in this behalf can take cognizance of that offence without the accused being committed to it for trial. thus it contemplates submission of a report by the police or a complaint by an officer of the central government or state government authorised in this behalf on the basis of which the special court can take cognizance ..... referred these cases to a division bench. the learned single judge has formulated four questions:(1) whether an excise official investigating into an offence under the act is a police officer empowered to file a charge sheet or he is required to file a complaint under section 190 of the code of criminal procedure, 1973 (in short 'the .....
Tag this Judgment!Court : Mumbai
Reported in : II(1992)DMC578; 1992MhLJ997
M.F. Saldanha, J.1. This appeal involves a rather intricate angle of the law relating to desertion. The proceedings, now in the second round, involve a review of the case that was tried by the Family Court at Pune. Under the law, an appeal lies to the Division Bench of the High Court where the parties are represented by Counsel and are subject to being circumscribed to the pleadings and the record of the trial Court. With recurring regularity, we are faced with a situation of both learned Counsel making a strong grievance that the case has either gone by default or that it has been seriously jeopardized because the parties were deprived of legal assistance before the Family Court. A remand at this stage would be inhuman to the parties and it is, therefore,essential that corrective steps be taken forthwith, First, the facts.2. The appellant before us, the original petitioner before the FamilyCourt at Pune in Petition No. A-812 of 1989, has presented this appeal whichis directed against ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1993Bom160; 1992(2)BomCR648; I(1993)DMC32
1. This is an unfortunate litigation and that too a civil revision application arising out of an order, in the nature of an interlocutory order, under S. 24 of the Hindu Marriage Act, 1955. The petitioner-husband seeks to challenge the order dated 30th August 1989 passed by the Civil Civil Court, Bombay, in Notice of Motion No. 6849 of 1987 for maintenance pendente lite and expenses of proceedings in accordance with the provisions of S. 24 of the Hindu Marriage Act. Section 24 of the said Act reads asunder:--'24. Maintenance pendente lite and expenses of proceedings :--Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as having regard to th...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1992)42ITD242(Hyd.)
1. This appeal by the assessee for assessment year 1989-90 has been preferred against the order of the Commissioner of Income-tax (Appeals). The appeal raises the issue of computation of book profit under Section 115J of the Income-tax Act, 1961, for the assessment year under appeal.2. The appellant is a private limited company. The first year of the company is assessment year 1987-88. The figures of the net profit and loss as per profit and loss account are as follows:--Asst. DepreciationYear Profit/Loss debited to P&L A/c1987-88 (+) 3.087 --1988-89 (+) 35,79,997 67,75,759 (profit before depn.) The appellant-company had filed return of income disclosing 'nil income after setting off a part of arrears of depreciation against current year's profit of Rs. 28,37,947. The appellant took stand that for the accounting year relevant to assessment year under appeal, there was no book profit after adjustment of earlier year's loss against current year's profit.3. The Income-tax Officer, ho...
Tag this Judgment!