Court : Karnataka
Decided on : Oct-04-1988
Reported in : ILR1989KAR324
..... petition that he did not file his nomination paper because the notification issued under section 5(3) of the act which was the foundation for the entire election process, was defective. the petitioner has certain statutory rights under the act and the rules framed thereunder. we cannot in the circumstances of this case hold that the petitioner has ..... 6-1986, we are concerned with thuruvanur mandal panchayat and the state government under section 5(1) of the act had fixed the total number of seats for that mandal panchayat at 26. this notification is the foundation of the issue of the subsequent notifications by the deputy commissioner in exercise of the power conferred under section 5 ..... (5) and the proviso to section 5(2) and 5(4) of the act. that notification, annexure-a, was made on 28-7-1986 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-26-1988
Reported in : AIR1989AP96
..... , while the legislature can nullify the basis of a decision, it cannot override the decision of the court. therefore, whenever an act undertakes to determine a question of right or obligation and property as the foundation on which it proceeds, such act to that extent is a judicial one and it is not a proper exercise of legislative power. in that case, since ..... already had. the second relates to, or prescribes, what the law shall be in future cases arising under it. whatever an act undertakes to determine a question of right or obligation, or of property, as the foundation on which it proceeds, such act is to that extent a judicial one, and not the proper exercise of a legislative function. ... ... ... the real test, in .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-22-1988
Reported in : 1989(22)ECC16,1991(55)ELT518(Cal)
..... jew v. angur bala mullick 70 c. w.n. 1150, where on the facts of the case, a learned judge of this court has observed that the foundation of an application for commital his personal service of the order alleged to have been violated unless the order shown that he was evading services.22. in fact, mr ..... by law' under or in terms of article 21 must be reasonable just and fair and the authority exercising such or any statutory power, as in this case, must act reasonably, otherwise the procedure as prescribed, would be deemed to be unreasonable. such determination, at this stage, cannot be appropriately applied in this case, as stated earlier, ..... connection with their application for exemption of personal appearance which was fixed for orders today. mr. sen further informs that the division bench presided over by the learned acting chief justice have heard this appeal in part today and adjourned the matter till monday next. this court has also been informed that the division bench desired that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-15-1988
Reported in : AIR1988SC1208; 1989(1)BLJR31; 1988CriLJ1745; JT1988(2)SC102; 1988(1)SCALE728; (1988)3SCC167; [1988]3SCR547
..... as to amount to contempt of court. the minister's statement does not interfere with the administration of justice. administration of justice in this country stands on surer foundation.j.a.g. griffith in "the politics of the judiciary", part i has two interesting passages on the judiciary which are worth quoting:"there is one matter which ..... to punish for contempt of itself. however, the powers of the supreme court and high court in this regard have been recently classified in the contempt of courts act, 1971. this act defines "contempt of court" and classifies it into two categories, "civil contempt" and "criminal contempt". these definitions need not be set out here, particularly as ..... .3. the criminal miscellaneous petition filed by the petitioner purports to be only "information" u/s 15(1)(a) and (b) of the contempt of courts act, 1971 ('the act'). the petitioner seeks to inform this court that he came to know from a report in 'hindustan times' that respondent no. 1, in the course of a .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-1988
Reported in : ILR1989KAR241
..... the relevant enactments and the statutory rules. the substance of the plea stated in the application for amendment, of the writ petition, in our opinion, lays sufficient foundation to the question raised and argued. further, none of the parties can be held, as being taken unawares, by the plea. the appellants and other contesting ..... the owners of the sites in the area in question to put up multistoreyed/multi-family dwelling units;(b) the scheme under both the citb act and bda act provides for the construction of the residential houses by the owners of the sites in question and not for exploitation of those sites for construction of ..... shivaprakash, who appeared for the interveners in support of the appellants' contentions. this decision proceeded on an interpretation of section 40 of the transfer of property act and the effect of the contractual covenants. said decision has no bearing on the covenants attributable to statutory rules. there are other distinguishable features, such as .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-13-1988
Reported in : ILR1989KAR123; 1988(3)KarLJ562
..... afterwards it will stultify the statutory provision. again in the present case an election petition covering the same subject-matter is actually pending. there is no foundation whatever for thinking that where the challenge is to an entire election then the writ jurisdiction springs into action. on the other hand the circumstances of this ..... was not argued in those appeals.8. the panchayat is a statutory body as it is constituted and incorporated under the provisions of the statute (the act), the act envisages the constituents of the panchayat, to be duly elected, or to be lawfully nominated under circumstances stated in section 5(3) and in the manner ..... the said power and nominate the persons to be members of panchayats, such nominated members, would not attain any legal status. the nominations are ultra vires acts and are void. declaration of the invalidity of the nominations strikes at the root of the respective nominations, resulting in the declaration that the nominations were void .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-1988
Reported in : AIR1988SC1369; [1988]64CompCas358(SC); JT1988(2)SC167; (1988)IILLJ423aSC; (1988)3SCC105; [1988]3SCR662; 1988(2)LC10(SC)
..... apply to the state bank of india and the nationalised banks also. tamil nadu shops act which is of the year 1947 and which really seems to be the precursor and foundation of the kerala shops act and the andhra pradesh shops act which are of the years i960 and 1966 respectively contains exemptions in section 4. sub- ..... section (1) of section 4 starts with the words 'nothing contained in this act shall apply to-'. thereafter it contains clauses (a) ..... regards the first reason referred to above we have already pointed out that even if the decisions dealing with article 12 of the constitution are not made the foundation for deciding the point in issue, the principles enumerated therein referred to above particularly with regard to deep and pervasive control are relevant for deciding the point .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-20-1988
Reported in : 1989(3)BomCR1
..... -examination suggestive of consent by the plaintiff to defendant no. 6's sub-tenancy. when asked as to how such suggestions could be made to the plaintiff when no foundation for the same was laid in the written statement, another edition of silence followed and when asked as to whether there was any basis for the plea of consent in ..... deemed to authorise the re-opening of suit or proceeding for eviction of any person, if such proceedings had been finally disposed of before the commencement of the said amending act (maharashtra act no. 18 of 1987). i have mentioned above that the suit was decreed by the trial court as early as on 30th march, 1976. an appeal filed by ..... yet another reason why mr. dalvi's submission in this respect cannot be accepted and that is to be found in the provisions of section 25 of the amending act, viz. maharashtra act no 18 of 1987. the verbatim text of the section is set out in appendix 2 attached to this judgment. however, i am examining this position emanating from .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-1988
Reported in : JT1988(4)SC46; (1988)94PLR699; 1988(2)SCALE1269; (1988)4SCC545; [1988]Supp3SCR391; 1989(1)LC38(SC)
..... and ors. : [1987]1scr968 it was held that the raising of a temporary wall of 6 feet height in a hall in the demised premises, without digging any foundation in the floor of the hall so as to convert the hall into two portions for convenient use without the consent of the landlord and the extension of a pre ..... taken the building for hotwiring business and removal of a portion of parapet wall for temporarily accommodating the hotel employees housed in the adjacent building cannot be said to be acts which would impair the utility of the building or its value.' g. natarajan v. p. thandavarayan [1969] rcj 733.10. 'mere construction of a false roof which ..... tenant/appellant in a shop taken on lease by him for running a dry cleaning laundry has been construed by the rent controller and the appellate authority as an act causing material impairment to the building and the high court has affirmed their findings and dismissed the revision preferred by the appellant. the correctness of the order of the .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-12-1988
Reported in : 1989(3)BomCR244
..... admittedly, their use continued to be agricultural use. the implication of section 2(8) of the tenancy act is that the assessment has no relevance to the question whether the land is governed by the tenancy act or not. the very foundation of this very main contention of mr. shah, therefore vanished. mr. shah rightly gave up the contention ..... the two sides on the same coin. they reveal the failure of those advancing them or accepting them to read and appreciate section 2(8) of the tenancy act. the tenancy act applies to certain kinds of lands and the word 'land' is defined in section 2(8). that section runs as follows:'section. 2 (8) 'land' ..... mohannagar co-op. housing society limited (which will be referred to hereafter as the respondent society under section 84 of the bombay tenancy and agricultural lands act, 1948 & hereafter the tenancy act.) the contention of the respondent society is that they are the owners of the lands in question, that the lands (which are agricultural lands) are .....
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