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A.i.i.M.S. Students Union Vs. A.i.i.M.S. and ors.

Court : Supreme Court of India

Reported in : AIR2001SC3262; 93(2001)DLT97(SC); JT2001(7)SC12; 2001(5)SCALE430; (2002)1SCC428; 2001(4)SCT150(SC)

..... section 23 opens with a non-obstante clause giving the provision an over-riding effect on the provisions of indian medical council act, 1933 and declares that the medical degrees and diplomas granted by the institute shall be recognised medical qualifications for the purpose of that act, thereby entitling the holders to the same privileges as those attached to the equivalent awards from the recognised universities of india ..... the parties and the submissions made by the learned counsel for different parties appearing before it framed the following points for consideration and decision:(1) does aiims have a special status as per the aiims act, 1956 and can the reservation of 33% for aiims students introduced in 1978 be justified on the basis of principles applicable for a university wise quota? ..... way merit has been made a martyr by institutional reservation policy of aiims, the high hopes on which rests the foundation of aiims are belied. ..... the all india institute of medical sciences act, 1956 (hereinafter the act, for short) sets out the statement of objects and reasons as under:-'for improving professional competence among medical practitioners, it is necessary to lace a high standard of medical education, both post-graduate and under-graduate, ..... , 1993 14 ..... to a few provisions of the act is apposite. ..... will have the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the indian medical council act, 1933'.4. .....

Secretary, Jaipur Development Authority, Jaipur Vs. Daulat Mal JaIn an ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)550; JT1996(8)SC387; 1996(7)SCALE135; (1997)1SCC35; [1996]Supp6SCR584

..... is not now a public servant as defined in now a public servant as defined in section 2(1) of the rajasthan lokayukta and up-lokayukta act, 1973 (for short, the 'act') because she has ceased to be a minister, so investigation is not being commenced against her but the investigation deserves to be commenced against ..... the rational relationship and legal back up are the foundations to invoke the doctrine of equality in case of ..... petitioner in the third case, contended that the judgment in radhey shyam 's case is per incuriam since the relevant provisions under the act and the rajasthan land acquisition rules had not been brought to the notice of this court. ..... that such allotment in many a cases was in violation of the urban land ceiling act which prohibits holding the land in excess of the prescribed ceiling limit of the urban land ..... appropriate to extract from the enquiry report dated november 12, 1992 of the lokayukta of rajasthan under section 10 of the rajasthan lokayukta and uplokayukta act, 1973 as under:in view of what has been stated above, it is prime facie established that smt. ..... in that behalf, house of lords had held that the prevention of corruption act was not restricted to local authorities; it was applicable to any body which has public and statutory duties to perform and bodies which perform those duties and carry out their transactions for ..... appeals from the judgment and order of the division bench of the rajasthan high court made on september 2, 1993 in writ petition no. .....

State Trading Corporation of India Ltd. Vs. Government of the People's ...

Court : Delhi

Reported in : AIR1997Delhi31; 1996(38)DRJ690

..... held it needs to be clarified that the power under section 443 read with section 2(15) of the act cannot be construed to be confined to the admiralty court alone whose power is derived from the provisions of the admiralty courts act, 1861, made applicable to india by the colonial courts of admiralty (india) act, 1890, read with colonial courts admiralty (india) act, 1891, but the power is available to all high courts in india subject to the conditions specified ..... observations of the supreme court it is absolutely clear that all the high courts will have power under section 443 read with section 2(15) of the act to arrest and detain an offending vessel for causing damage provided the conditions laid down therein are fulfillled.25. ..... an action in rem lies in the english high court in respect of matters regulated by the supreme court act, 1981, and in relation to a number of claims the jurisdiction can be invoked not only against the offending ship in question but also ..... subsection (1) of section 2 states that unless otherwise expressly provided, the provisions of this act which apply to any vessel which is registered in india; or any vessel which is required by this/act to be so registered; or any other vessel which is owned wholly by persons to each one of whom any of the descriptions ..... the foundation of an action in rem, which is peculiarity of the anglo-american law, arises from a maritime lien or claim imposing a personal liability upon the ..... 1993, decided on november 9, 1993 .....

Niranjan Singh Vs. the State (Delhi Administration)

Court : Delhi

Reported in : 1997CriLJ336

..... 304-a, indian penal code, it is necessary that the death should have been the direct result of a rash and negligent act of the accused, and that act must be the proximate and efficient cause without the intervention of the author's negligence. ..... this is a serious infirmity which shakes the very foundation of the prosecution case. 7. ..... learned counsel for petitioner are that there is not an iota of legal evidence on record to prove that on the day in question the petitioner was driving the bus in a rash or negligent manner and further that his act of driving the bus was the proximate cause of the death of the deceased. ..... he has examined sukhanlal (dw 1) and surjit singh (dw 2) in support of his defense that his act of driving the bus was not the proximate cause of the death of the deceased. ..... did so without having given any thought to the possibility of there being any such risk or, having recognized that there was some risk involved, had nonetheless gone on to take it; and (iii) the rash or negligent act of the accused was the proximate cause of the death of the deceased. 6. ..... this is a revision against the judgment dated 5-7-1993 of additional sessions judge, new delhi in cr. ..... the criminality lies in such a case in running the risk of doing such an act with recklessness or indifference as to the consequences. ..... rashness consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury. .....

Puri and Company Vs. Delhi Development Authority

Court : Delhi

Reported in : 1997VAD(Delhi)186; 71(1998)DLT512; 1997(43)DRJ57

..... the arbitrator has also given a reasoned finding that it was on account of the delay in late issue of structural drawings (c 2 to c 12), delay in handing over complete site (c 11), the late issue of foundation design for block 4(c 13), delay in issuance of door shutters, late decision of concrete coping on parapet and stair case and restricted supply of cement, delay in approval of layout plant of sewerlines, waterlines, late issue of cement on working days, ..... aggrieved by the award, the respondent has filed objection under sections 30 and 33 of the arbitration act 1940. .....

V.P. Chetal and M.P. Gogia Vs. Union of India and ors.

Court : Delhi

Reported in : 1994IIIAD(Delhi)189; 1994(30)DRJ76; 1994LabIC2422

..... the trap organized by c.b.i, was without jurisdiction and without any authority of law, and that this was on account of the fact that the act of 1988, came into force on 9 september 1988 and the notification under section 3 of the delhi special police establishment act, 1946 specifying the offences which could be investigated by the c.b.i, was , issued by the central government only on 29 october 1988 after the ..... chetal while functioning as chief engineer (civil) ndmc, new delhi, during the period of september, 1988 failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a public servant and committed misconduct in as much as he on 12.9.88 demanded and accepted rs.10,000.00 as illegal gratification from shri surender kumar, a contractor of ndmc as a consideration for showing him favor in ..... of section 8 of the code of criminal procedure, 1973 (2 of 1974), of an assistant commissioner of police; (c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank, shall investigate any offence punishable under this act without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make any arrest thereforee without a warrant. ..... a valid and legal police report is the foundation of the jurisdiction of the court to take ..... on 5 january 1993, another special judge, who had by this time taken over, noticed the submission of the c.b.i, that the sanctioning authority by its letter dated 29 .....

Poonam Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : I(2003)ACC194; 2004ACJ80; AIR2003Delhi50; 100(2002)DLT721; 2003(66)DRJ407; [2004(101)FLR165]

..... that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford ..... duty, it is submitted that accused vinod kumar s/o banarsi dass r/o rzb-52, anoop nagar, jundal park, uttam nagar, delhi who was arrested under section 185 motor vehicle act is in the lock-up and is being sent for treatment to din dayal uppadhaya hospital under custody of constable sumer singh 1197/w who has suddenly developed problem. ..... in the instant case, the foundation of the alleged house trespass is the doing of an illegal act, forcibly and without legal authority, as against the property of the petitioner. ..... while observing that the petitioner's husband died while in service in mysterious circumstances and his death is attributable to and aggravated by the military service and the responsibility of his death was prima facie traceable to the act of criminal omissions and commissions on the part of the concerned authorities, it was held that the petitioner is entitled to suitable compensation.32. ..... , : [1993]1scr594 acts as a shield against deprivation of life or personal liberty. .....

Bhagirath Mal Rainwa Vs. the Judge, Industrial Tribunal and anr.

Court : Rajasthan

Reported in : (1995)ILLJ960Raj; 1994(2)WLN194

..... argued that as per this order a conductor could be proceeded by way of disciplinary action only in the event of his committing the fifth act of similar misconduct of carrying passengers without ticket and, therefore, the order of punishment passed against him should be declared as illegal and without jurisdiction ..... to accept or not to accept the testimony of witnesses produced on behalf of the corporation in fact this is a matter which precisely and primarily falls within the domain of a body constituted under the act of 1947 and this court while exercising certiorari jurisdiction, will be extremely slow in interfering with such evaluation of evidence made by the tribunal. ..... whether corruption in public services should be overlooked by the courts, whether the court should condone misappropriation, fraud, cheating and similar acts committed by public servant, and whether the court should be a silent and mute spectator of the growing corruption in public services and grant indulgence in cases of proved corruption ..... to the cadre of conductors or any other cadre who is found responsible for making holes in the fabric which constitutes the foundation of the petitioner corporation, constitutes a serious threat to the entire industry. ..... the moot questions which arise out of the arguments of learned counsel for the petitioner who has made strenuous efforts to persuade the court to annual the award dated september 1, 1993 passed by the industrial tribunal, jaipur in reference case no. .....

Union of India Vs. K. Siraj

Court : Chennai

Reported in : 1993(44)ECC262; 1993(65)ELT25(Mad)

..... any goods liable to confiscation or any documents relating thereto or secreted in any place any goods liable to confiscation or any documents or things which in his opinion will be used for or relevant to any proceedings under the act or that any aircraft, vehicle or animal in india or any vessel in india or within the indian customs waters has been, is being, or is about to be, used in the smuggling of any goods or in the ..... the smuggling of any goods' and 'any enquiry which such officer is making in connection with the smuggling of any goods', since we have a definition of 'smuggling' to mean 'in relation to any goods any act or mission, which will render such good liable to confiscation, the words 'goods liable to confiscation' under section 111 or section 113 have to be read in both section 107 and section 108 in place of the ..... cal) , the calcutta full bench considered two questions : (1) whether, by virtue of section 23a of the foreign exchange regulation act, 1947, the provisions of sections 113 and 114 of the customs act, 1962, are attracted for the contravention of section 12(1) of the foreign exchange regulation act, 1947, in relation to goods which had been exported beyond india and (2) whether, when goods have been exported beyond india such ..... we have already noticed that foundation of the jurisdiction to act under section 107 or under section 108 is in the suspicion that any person, who was summoned, had secreted about any goods liable to confiscation or any documents .....

Queen Mary

Court : Delhi

..... such of the employees of other aided schools as have become surplus in pursuance of the provisions of rule 47; (f) it shall comply with the directions given by the director under subsection (3) of section 24 of the act;(g) it shall fill in such number of posts in the school as have been approved by the director, in accordance with the post fixation in pursuance of rule 75, without any discrimination or delay as per the recruitment rules prescribed ..... unless suitable undertakings are given by the managing committee no school shall be granted aid unless its managing committee gives an undertaking in writing that:(a) it shall comply with the provisions of the act and these rules;(b) it shall fill in the posts in the school with the scheduled castes and the scheduled tribes candidates in accordance with the instructions issued by the central government from time ..... -rule (3), a person nominated under paragraph (iii) of clause (c) of sub-rule (3), officers nominated under paragraph (iv) of clause (c) of sub-rule (3), a person nominated under paragraph (iii) of clause (b) of sub-rule (3), shall act only as advisers and will not have the power to vote or actually control the selection of an employee. ..... the petitioners in these two writ petitions (one in wp 2845/1992 and four in wp 4291/1993), claim to be minority educational institutions, established and administered by christian denominations, which fall within the expression "minority" in terms ..... pai foundation v state of karnataka 2002 .....