Court : Mumbai
Decided on : Apr-04-1988
Reported in : (1988)90BOMLR639
Lentin, J.1. Medical teachers in the municipal medical colleges in Greater Bombay, being as much municipal employees as any other, are likewise entitled to leave travel assistance (L.T.A.). Such is the ratio of this judgment.2. The Municipal Corporation of Greater Bombay runs three medical colleges and one dental college in Greater Bombay. Medical teachers are employed in those colleges. They are full-time employees of the Corporation. They are but a handful compared to the Corporation's remaining employees.3. In 1976 the Corporation revised the pay scales of all its employees including medical teachers. On April 29, 1977 the Medical Council of India passed a Resolution that all medical teachers in all the affiliated medical colleges should be given the University Grants Commission (UGC) scales of pay, plus clearness allowance (D.A.), house rent allowance (H.R.A.), city living allowance (C.L.A.) and non practicing allowance (N.P.A.). The Resolution was accepted by the State Government ...
Tag this Judgment!Court : Karnataka
Decided on : May-27-1988
Reported in : ILR1988KAR2817; 1988(2)KarLJ455
..... being the life insurance corporation of india, (to be shortly called the 'corporation') who is admittedly the owner of the suit plot had arranged for laying a foundation stone on the 26th of september, 1986 signifying the commencement of a project for constructing 122 houses on the suit plot for the benefit of the policy holders ..... the railways declined the request and hence the claim for holding railways bound to their earlier assurance, regard being had to the fact that the company had fully acted upon the same. under those circumstances, the court held the, railways bound to the assurance given earlier in the context. the court made in that enunciation the ..... following observations:'the court, however, would compel the opposite party to adhere to the representation acted upon or abstained from acting. the entire doctrine proceeds on the premise that it is reliance based and nothing more.xx xx xx xxthe concept of detriment as it now .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-16-1988
Reported in : AIR1989All55
..... no reservation at all even on the basis of instil utional preference and admissions should be granted purely on merit on all india basis.' 11. the foundation of abdicating reservation and relating to merit in courses like super specialities in cardiology and neurosurgery had already been laid down by the supreme court in an ..... quashed raise a sensitive human issue. it is unquestionably true that the authorities who are charged with the duty of admitting students to educational institutions must act fairly and objectively. if admissions to these institutions are made on extraneous considerations and the authorities violate the norms set down by the rules and regulatioas, ..... compatable with the recommendations of the medical council of india. thus, this court has shown the guidelines upon which the state respondents, if they desire, may act with speed and increase the seats, the numbers of which shall also be at their discretion. 27. this court after having examined the facts and circumstances, .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-24-1988
Reported in : 1988(1)WLN526
..... court has unlimited powers to interfere in the cases where the process has been issued by the magistrate against an accused without any reason or without any foundation, and if the court is satisfied that the process has been issued without any basis, the court is fully competent to quash the proceedings.18. ..... restrictions for shooting and in these circumstances it cannot be said that the petitioner were not legally to entitled to filminise the film, 'deceivers'. the cinematograph act, 1952 provides no restriction imposed at the stage of shooting or script preparation. but, still the executive examined story and script of the film 'deceivers'. ..... ), learned counsel for the petitioners contended that the petitioners' stand is duly protected against criminal prosecution in view of section 79, ipc, as they have acted on the basis of categorical, definite and unequivocal permission accorded by the government of india in exercise of its executive authority in constitutional manner. the learned .....
Tag this Judgment!Court : Kerala
Decided on : Feb-19-1988
Reported in : AIR1989Ker113
..... whittle down the force of the earlier observations.12. it is therefore evident that the court cannot grant relief to the plaintiff on a basis for which there was no foundation in the pleadings and on a plea which the defendant was not able to call upon, nor had an opportunity, to meet. if this is the general rule, that ..... to a variety of reasons, (some of which have been indicated even in the preamble to some of the related enactments. the kerala private forests (vesting and assignment) amendment act, 1986, act 36/86 to wit)' the defence put up by the state had not been effective. (see for example o.p. 5357 of 1974 referred to in damodaran v. verghese ..... in about six acres of forest area, quite close to a timber depot of the forest department. there suit for injunction restraining the state government and its officials from acting against them has been decreed by the courts below. the state government has therefore come up in second appeal.3. the suit was filed with a specific allegation that .....
Tag this Judgment!Court : Karnataka
Decided on : May-12-1988
Reported in : ILR1988KAR1613; 1989(3)KarLJ236
..... of a fact, having a bearing on the charge which may be made against him he may appropriately be deemed to have surrendered himself to the police. the broad foundation of this rule is stated to be that section 46 of the cr. p.c. does not contemplate any formality before a person can be said to be taken ..... for facilitating the discovery. besides, if and when the occasion arises, it may be possible for the prosecution to claim the benefit of section 27 of the evidence act in regard to a discovery of facts made in pursuance of information supplied by a person released on bail by invoking the principle stated by this court in state of ..... as not controverted. the learned sessions judge was hesitant to accept these averments on the ground that it was not supported by an affidavit and looked as though constrained to act on an unsworn statement. undisputedly, criminal rules of practice do not contemplate filing of an affidavit in support of such applications. the fact that he belonged to janatha party .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-1988
Reported in : AIR1988SC2211; JT1988(3)SC765; 1988(2)SCALE447; (1988)4SCC226; [1988]Supp2SCR643
..... innovated specially for the of public interest action recognises the concomitant need to lower the locus-standi-thresholds so as to enable public-minded citizens or social-action-groups to act as conduits between these classes of persons of inherence and the forum for the assertion and enforcement of their rights. the dispute is not comparable to one between private-parties .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-12-1988
Reported in : (1989)2GLR725
..... put up entirely as a new industry. the plaintiff has obtained lands from the government of gujarat for this part of the project within the limits of village sikka. foundation stone was laid on july 16, 1985 and the construction on the said lands at sikka has commenced on or around october 20, 1985. it has been further stated ..... onwards. prior to that, respondent no. 2 was ijardar for collection of octroi and respondent no. 2 was party before the trial court. secondly, respondent no. 3 is acting as an agent of the respondent no. 1-panchayat. therefore, once the direction is given to respondent no. 1-panchayat not to collect the octroi from the appellant, then ..... construction of the factory.13. in spite of this clear position of law, the learned judge refused to grant any injunction solely on the ground that the company was act bringing the goods, but the contractor was bringing the goods or materials on his own name and those articles or goods, belong to the contractor, till those articles or .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-19-1988
Reported in : (1989)2GLR782
..... mean 'removal from office' as contemplated under the aforesaid second set of circumstances. to us. it appears that aforesaid submissions are fallacious and altogether without any foundation. in the first place, they ignore the legislative intent in providing the said third set of circumstances. secondly, they overlook the conscious departure made by the ..... said case differ from the facts of the present case. all the same, the said case involved a construction of section 55(1) of maharashtra municipalities act (act no. 40 of 1965), which runs as under:55(1). a president or a vice president shall cease to be president or vice president as the ..... basis of incapacity, misconduct or neglect of duty. dealing with the administrative law, mr. tanna has submitted that the removal from office is a quasi-judicial act and the government cannot mechanically remove on the mere resolution of the corporation without affording any opportunity to the person affected to explain himself. according to mr. .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-29-1988
Reported in : 1988(2)WLN641
..... . she wanted her father to bring its list also so that it could be tallied. this leads me to infer that the foundation was distrust among each other rather than demand of dowry. it is also borne out from the reading of the rest of the ..... commission of the crime and would not govern the cases which come after incorporation of section 113a and 113b of the indian evidence act, i have kept the consideration of these sections out of consideration because they were not on statute on the day offence was ..... as under:108. abettor-a person abets an offence, who abets either the commission of an offence, or the commission of an act which would be offence, if committed by a person capable by law or committing an offence with the same intention or knowledge as ..... may make it clear that the incident had taken place prior to bringing into provisions of section 113a of the indian evidence act which is regarding presumption as to manner of suicide by a married woman and therefore the case has to be decided on .....
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