Court : Karnataka
Reported in : ILR1985KAR481; [1986]61STC107(Kar)
..... for the exercise of revisional power. the power has to be exercised in conformity with the principles of natural justice. lastly, the power has to be exercised within the period specified in the act and not at all time. every one of these provisions and principles clearly control the power conferred on the ..... the commissioner to issue directions to all his subordinate officers including the deputy commissioner, for the purpose of ensuring efficient enforcement of the provisions of the act, as regards administrative matters, he cannot exercise control over quasi-judicial functions of the appellate authority by directing any appellate authority to decide any question ..... of revenue (exhibit a). in this petition under article 226 of the constitution, the petitioner has challenged the constitutional validity of section 22-a of the act and the show cause notice issued thereunder by the commissioner as one without jurisdiction. 5. on 27th january, 1981, the division bench, which initially heard .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR41; 2009(1)BomCR275; (2008)110BOMLR2696
..... ceiling limit, which was either surrendered to the state government under the special plot scheme or declared surplus under the ulc act, the high court has constituted one man commission i.e. 'justice batta commission' to inquire into the irregularities alleged to have been committed by the state government in allotment of all these ..... by the counsel for the petitioner that, vide impugned government resolution dt. 12.4.2007, the scheme evolved by the government resolution dt. 22.8.1986, was made applicable to the schemes wherein multi-storied buildings was constructed or the construction was in progress, by amalgamating more than 2/3rd plots in the ..... due to creation of third party interest, they would face tremendous inconvenience and requested the government for relaxing the conditions mentioned in the guidelines dt.22.08.1986. the petitioner made oral statement before this court that no such scheme holders had approached the government and the government had taken a decision on its .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1
..... second committee and in view of certain other facts an ad hoc legislation was passed under the name of parliamentary commission of inquiry act, 1986. under this act further steps were being taken when mr. justice murphy moved the high court of austraila for an order of injunction challenging the validity of the ..... guilty of an attempt to pervert the course of justice but the said verdict was set aside by the court of criminal appeal. fresh trial was held whereunder the judge was found not guilty. thereafter, an ad hoc legislation, namely, parliamentary commission of inquiry act, 1986 was enacted by the commonwealth parliament and a commission ..... before the said commission could give its report, the judge became gravely ill and the act was repealed [lane's commentary on the australian constitution, (1986) p. 373].15. in one other case, proceedings for removal were initiated against mr. justice vasta of the supreme court of queensland and for that purpose, the queensland legislature enacted .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALD807; 2004(5)ALT755
..... refer to action in futuro and not in presenti. as early as 1909 the english court in smithies v. national association of operative plasterers, while agreeing with lord chief justice, vaughan williams lj, said 'we are all agreed on this point. it is a proposition founded in common sense that, where vested rights have already accrued, and ..... change over of proceedings or there is some other clear indication that pending actions are affected. (see principles of statutory interpretation, justice g. p. singh, 8th edition, 2001, p.442). we have already indicated that the act does not bring about a change in forum so far as the pending actions are concerned. moreover by the time the amendment ..... section 109 civil procedure code.'22. a reference is also made to the division bench decision of orissa high court reported in duryodhan samal v. smt. uma dei, air 1986 ori. 30, wherein the division bench held that the suit for valuation of rs. 20,000/- or less was filed before the enforcement of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2006Bom153; 2006(2)MhLj612
..... the said order of city civil court was challenged by the respondent by filing civil revision application no. 212 of 1985 in the high court. the learned chief justice (madhava reddy, cj) who heard the revision in the first instance thought it fit to refer the matter to a division bench, looking to the importance of ..... has created a special forum with a special procedure for trying such disputes, and hence, said forum i.e. small causes court has all necessary powers to do complete justice between parties including power to issue interim/temporary, mandatory and permanent injunctions. he relies upon the judgment of hon'ble apex court reported at : [1995]1scr996 , ..... jurisdiction within the local limits of the court of small causes by which the suit is triable.5. here reference to certain decided cases on act becomes necessary. in lilabai waghela v. keshaorao tidke reported that 1986 mh.l.j. 207, the learned single judge of this court has considered the position in light of 1984 amendment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)
..... cases 13 years before the decision of the supreme court in gideon v. wainwriget, 372 us 335 between 1950 and 1968 when the administration of justice act, 1968, was introduced, many advances were made in the administration of justice by civil courts but they were not reflected in military court proceedings. to correct these deficiencies the congress enacted military ..... any procedural clap trap.50. turning towards the u.s.a., a reference to uniform code of military justice act, 1950, would be instructive. a provision has been made for setting up of a court of military appeals. the act contained many procedural reforms and due process safeguards not then guaranted in civil courts. to cite one example, ..... justice act, 1968, the salient features of which are : (1) a right to legally qualified counsel guar-anteed to an accused before any special court martial; (2) a .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ARBLR624(Bom); 2003(3)BomCR117
..... which is the municipal corporation for greater bombay impugnes in these proceedings under section 34 of the arbitration and conciliation act, 1996, an award of a sole arbitrator dated 4th march, 2002. 3. in october, 1986, the petitioner awarded to the respondent a contract for carrying out the civil, electrical and mechanical work for a ..... objection, it will not be allowed to do so. the role of institutions in promoting and organising arbitration has been recognised.' 9. mr. justice b.n. srikrishna (as the learned chief justice then was) speaking for a division bench of this court in vijaya bank v. maker development services pvt. ltd. 2001(3) bom. cr ..... 652 noticed that despite the 'terse phraseology' used in section 30 of the arbitration act, 1940, 'judicial creativity and innovation (had) expanded the scope of challenge .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... is unable to maintain herself'.115. after the above decision of the supreme court in shah bano's famous case conic act no. 25 of 1986 with an attractive title 'muslim women (protection of rights on divorce) act, 1986 to provide as per title protection to the rights of divorced muslim women but in effect undoing the little or something ..... destitution to starvation prostitution and the like and the children after attaining the age two years may be compelled to join waif and strays to become vagrants and juvenile delinquents.118. these are evils and evil consequences of an unbridled power or authority of husband to make irrevocable divorce and consequent miseries of divorced women and their ..... . the words of hon. mr. justice krishna iyer reveals a legislative terror and a dishonour to muslim womenhood. the sum and substance of substantive rights entitled and declared by the section of the act of 1986 is a hard truth i.e. to women who has been the queen of the heart of husband once but since has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1519; 1979CriLJ943; (1979)2SCC628; [1979]3SCR768
..... other countries, the children act is a preliminary exercise, the borstal school is an experiment in reformation and even section 360 cr. p.c. tends in the same direction. correction informed by compassion, not incarceration leading to degeneration, is the primary aim of this field of criminal justice. juvenile justice has constitutional roots in ..... case under the available law and the available facilities. the mainstream of criminal justice has not been refined by restorative legislations.8. we have the uttar pradesh children act, 1952 and 'approved schools' of sorts under it. we have provision for juvenile courts (section 60), reformation officers (section 34), and a flexible cluster of ..... of sentencing must release man from distortions and pressures on lines ancient and modern. this parenthesis, in a sense, argues for the new orientation in juvenile justice.19. a copy of this order will be sent to the approved school, etawah, and to the trial judge for immediate compliance. a copy of .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... supra is also of no help to them. in that case, the court, while dealing with the constitutionality of madras race club (acquisition and transfer of undertakings) act, 1986, held that the horse racing was a sport which was primarily dependent on the special ability acquired by training, which could not be termed as either gaming or ..... in the same enactment, by the implication of the context, and even by considerations arising out of what appears to be the general scheme of the act.'the learned chief justice proceeded to state:'...an endeavour must be made to solve it, as the judicial committee have said, by having recourse to the context and scheme of ..... resources with the intention to achieve the building of a welfare state and an egalitarian social order. the provisions have been incorporated ensure 'dispensation of social justice and economic justice'. h.m. seervai in constitutional law of india referred to the objects sought to be achieved by articles 38 and 39 and on the basis of .....
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