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Kapila Hingorani Vs. State of Bihar

Court : Supreme Court of India

Reported in : 2003(3)AWC2344(SC); 2003(2)BLJR1354; [2003]116CompCas133(SC); JT2003(5)SC1; (2003)IIILLJ31SC; (2003)3MLJ1(SC); 2003(4)SCALE712; (2003)6SCC1; [2003]44SCL429(SC)

..... . international airport authority of india : (1979)iillj217sc ), a three-judge bench of this court laid down that corporations created by the government for setting up and management of public enterprises and carrying out public functions, act as instrumentalities of the government; they would be subject to the same limitations in the field of constitutional and administrative laws as the government itself, though in the eye of the law they would be distinct and independent legal entities ..... noticed that natural calamities committee had been constituted at the districts level of kalahandi and koraput directed the government of orissa to recommend at least five persons belonging to the recognized voluntary organizations like sarvodaya gandhi peace foundation, ramakrishna mission, bharat sewa sangha and registered voluntary agencies as members of the said natural calamities committee ..... . the protection of human rights act, 1993 defines human rights to mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in international covenant on civil and political rights and international covenant on economic, social and ..... means the right to feed oneself, which emphasizes dignity and self-reliance, very different from command economics of big government.does the right to food require a moral revolution of society, allowing human rights to become the foundation of interpersonal ethics ..... . pai foundation v .....

Ms. National Seeds Corpn. Ltd. Vs. M. Madhusudhan Reddy and anr.

Court : Supreme Court of India

..... 11.learned counsel for the respondents supported the impugned orders and argued that the district forums did not commit any illegality by entertaining the complaints filed under the consumer act because the seeds act and the rules framed thereunder do not contain any provision for compensating a farmer whose crop is lost or who does not get the expected yield if the seeds ..... 1998) 6 scc 738, this court did not decide the issue relating to the alleged non-compliance of section 13(1)(c) of the consumer act, but approved the reasoning of the state commission which found fault with the appellant for not taking steps to get the seeds tested ..... have awarded compensation to the respondents without complying with section 13(1)(c) of the consumer act was negatived by the national commission by observing that after having used all the seeds for sowing the respondent was not in a position to provide sample for testing and the report of the horticulture officer was sufficient for proving that the foundation seeds supplied by the appellant were defective. ..... with a view to obviate any confusion -- the expression large scale is not a very precise expression -- parliament stepped in and added the explanation to section 2(d)(i) by ordinance/amendment act, 1993. 33. ..... 18.6.1993 by the consumer protection (amendment) act 50 of 1993, it was clarified that the expression `commercial purpose' used in sub-clause (i) does not include use by a consumer of goods bought and used by him for the purpose of earning .....

Dr. Bheem Rao Ambedkar Degree College Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(3)ESC2162

..... reservation under this clause shall not apply the category of other backward classes of citizen specified in schedule ii to the uttar pradesh public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994--(b) admission to the medical and engineering colleges and to course of instruction for degrees in education and ayurvedic or unani systems of medicine (including the number of students to be admitted) shall subject to clause (a), ..... karnataka prohibition of admission of students to the unrecognised and unaffiliated educational institution act, 1993 being repayment to provision of act has to be held as void and cannot be resorted to by the state government for permitting the students of recognised or unrecognised institutions to sit at the examinations conducted by the examining bodies except on fulfilment of requirements under sections 14 and 16 of central act of 1993, air 1997 kant 44 (48). ..... '16...the following societies may be registered under this act:charitable societies, the military orphan fund as or societies established at the several presidencies of india, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public, or public museums ..... foundation ..... foundation ..... placed reliance of cases of tma pai foundation v. .....

Durga Hotel Complex Vs. Reserve Bank of India and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1467; 2007(3)AWC2281(SC); II(2007)BC575(SC); [2007]136CompCas631(SC); 2007(3)CTC609; JT2007(4)SC424; 2007(2)KLT717(SC); (2007)5MLJ35(SC); 2007(4)SCALE482; (2007)5S

..... a banking ombudsman, though might have initially jurisdiction to entertain a complaint on the basis that it has a legal foundation, here in terms of the scheme, he may be divested of that jurisdiction or the foundation in law might be lost on either of the parties approaching the court, the arbitrator or the debts recovery tribunal in respect of the same subject matter. ..... on 1.11.2000, the respondent bank approached the debts recovery tribunal constituted under the recovery of debts due to banks and financial institutions act, 1993 (for short, 'the recovery of debts act') for recovery of amounts alleged to be due from the appellant. ..... drawing an analogy, it is possible to say that the complaint must continue to have a foundation in law at the time the ombudsman takes up the claim for his consideration and renders his decision or award. ..... in the context of the power conferred on the ombudsman by the scheme read in the light of section 35a of the banking regulation act, it would be appropriate to understand the expression as having a foundation in law in the sense that the claim must have a foundation in law. ..... according to black's law dictionary 'lie' means, 'to have foundation in the law; to be legally supportable, sustainable or proper' ..... when the subject matter of the complaint is taken to any other competent forum, the complaint loses its foundation in law. ..... the foundation would be lost when a court, arbitrator, tribunal or any other competent forum is moved on the same subject matter .....

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2007(2)BLJR1101; JT2007(5)SC276; (2007)2MLJ1211(SC); 2007(5)SCALE179; (2007)4SCC361

..... 14-15 para 7.21, 7.22 and 7.23)(b) section 11 of the national commission for backward classes act, 1993 which says 'the central government may at any time, and shall, at the expiration of ten years from the coming into force of this act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward ..... it would be permissible for the respondent-union of india to initiate or continue process, if any, for determining on a broad based foundation 'other backward classes' notwithstanding pendency of the cases before this court and without prejudice to the issues involved.33. ..... the national commission for backward classes act, 1993 (in short the 'backward classes act') defines 'backward classes' to mean such backward classes of citizens other than the scheduled castes and scheduled tribes as may be specified by the central government in the ..... it is pointed out that the intention of the parliament does not appear to be that any existing list under article 16(4) should be treated as the foundation for section 2(g) of the act. ..... that is more so because the lists relatable to article 16(4) form the foundational base for article 15(5).32. ..... these cases have to be examined in detail as to whether the stand of union of india that creamy layer rule is applicable to only article 16(4) and not article 15(5) is based on any sound foundation. .....

Madhu Kishwar and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442

..... it under cultivation by establishing tenants on it, and includes-(a) the successors-in-interest of persons who have acquired such a right, and(b) the holders of tenures entered in any registered prepared and confirmed under the chota nagpur tenures act, 1869.but does not include a mundari khunt-kattidar.section 6 :meaning of raiyat - (1) 'raiyat' means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of ..... the parliament has enacted the protection of human rights act, 1993, section 2(b) defines human rights to mean 'the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution, embodied in the international conventions and enforceable ..... single judge of that court held that the occupancy rights held by a limited owner (widow) before the hindu succession act had come into force, enlarged as absolute property under the punjab occupancy tenants (vesting of proprietary rights) act and thereby she became an absolute owner and was entitled to gift over that land as an absolute owner which was ..... indian constitution has stated that secularisation of law is essential to the emergence of modern indian state, foundation of which stands on twin principles of democracy and secularism. ..... they constitute core foundation for economic empowerment and social justice to women for ..... agricultural land is the foundation of a sense of security ..... therefore, law is a foundation on which the potential .....

Prahladbhai Khemchanddas Patel Vs. Election Officer of Visnagar Taluka ...

Court : Gujarat

Reported in : (2003)2GLR1450

..... which has been kept in mind by the tribunal was that the burden is upon the petitioner to satisfy the election tribunal that the election officer has committed breach of a particular provision of the gujarat panchayats act, 1993 or the rules framed therein and the election tribunal was of the view that the petitioner has not been able to satisfy the election tribunal about any such breach of any statutory provision committed ..... 31 sub-clause (3) would mean detailed inquiry which would require detailed evidence and right of cross examination of the respective parties, but the tribunal has not followed the procedure prescribed under section 31 of the act; the tribunal has not considered each and every contentions raised by the petitioner in the election petitions and has dismissed the election petition filed by the petitioner and rest of the contentions raised by the ..... the original record has also been produced before this court by the election officer by way of additional affidavit-in-reply and there is no suggestion of any malpractice as alleged by the petitioner, and therefore, according to him, there is no foundation made by the petitioner in his application for recount of votes and if the said application is not having any foundation, then, subsequent challenge would become meaningless. ..... thus, in the application for recount of votes, no specific allegation has been made by the petitioner which is the foundation of the demand. .....

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... supreme court's directive (in para 847 mandal) that this exercise should be entrusted to a permanent statutory body comprised of experts in the field and the reason underlying the enactment of the 1993 act is the recognition that such exercise and its consequence have critical implications for the equilibrium of our civil society, for the very basic constitutional value of equality and extended impact on vast ..... will understand that the words 'reasonable persons and prudent persons' have been used in very many laws and if he will refer only to the transfer of property act, he will find that in very many cases the words 'a reasonable person and a prudent person' have very well been defined and the court will not ..... analyses of the data so collected, restricted to muslims excluding those classes/groups of muslims already identified and recognized by the government as backward classes, constitutes a fatal flaw in the conceptual foundation, adopted methodology and social survey of the commission's exercise and introduces an irredeemable infirmity to its conclusions and recommendations.66. ..... be confined only to a secondary role and will only have to see whether the administrator has done well in his primary role, whether he has acted illegally or has omitted relevant factors from consideration or has taken irrelevant factors into consideration or whether his view is one which no reasonable person ..... of the rule of law, which is the foundation of any parliamentary democracy, has at least .....

Chanasma-patan Taluka Gram Vikas Higher Education Trust Vs. Hemchandra ...

Court : Gujarat

Reported in : 2008GLH(1)15; (2008)1GLR429

..... 3 it is stated thus:now, therefore, in exercise of the powers vested under section 14(3)(a) of the ncte act, 1993, the western regional committee hereby grants recognition to smt. k.b. ..... course of one year duration with annual intake of 100 students in exercise of powers under section 14(3)(a) of the ncte act,1993 read with clause 7(10) of the regulation dated 13.01.2006. ..... by mindlessly adding additional coaching time and by providing for working of college round the clock through out the year would completely destroy this purpose and would leave the foundation of the students weak. ..... human mind cannot work as robot and cannot be expected to absorb training without enough gaps to strengthen the foundation. ..... we do not think that the authorities can be said to have acted arbitrarily and unreasonably in not departing from the practice which they had invariably been following. .....

Jimmy Abraham Thomas and ors. Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2002(1)ALLMR1; 2002(3)BomCR219

..... the commencement of the indian medical council (amendment) act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission capacity, such person or medical college, as the case may be, shall seek, within a period of one year from the commencement of the indian medical council (amendment) act, 1993, the permission of the central government in accordance ..... words or conduct made to the other a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do ..... mistake resulting into denial of as many as 13 marks to a large number of students who were rightfully entitled to receive better marks, the basis and foundation of the earlier merit list and the admissions granted on that basis itself gets vitiated. ..... other particulars of students so indefinite shall be intimated by the council to all concerned for taking action under the provisions of the act.any dispute in the matter of identification of excess admission student(s) in a medical institution shall be referred to the central government ..... foundation for these prayers is laid by submitting .....