Court : Supreme Court of India
Decided on : Apr-13-1989
Reported in : AIR1989SC1741; JT1989(Suppl1)SC105; 1989(1)SCALE1103; (1989)4SCC138; [1989]2SCR475
..... . 457 & 458 of 1972 where a similar legislation of the state of assam was challenged. the contention is noticed in our judgment in those appeals thus:.the acquisition of the two undertakings are challenged by the petitioner on several grounds, the principal attack, however, being that the legislation, brought forth, as they were, in ..... 14 of the constitution in as much as it seeks to enter upon the government an alternative and discriminatory power of attaining the same end namely the acquisition of petitioners' undertakings on terms more advantageous to the government and more disadvantageous to the petitioners than those contained in the electricity act 1910; that the ..... ., so in the present case, government in purported exercise of power under section 4(1) of the earlier act, viz., the tamil nadu electricity supply undertaking (acquisition) act, 1954, had made an order on 12.1.1968 declaring that undertaking of the petitioner shall vest in the government with effect from 15.7.1968. .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-12-1989
Reported in : 1990(1)BomCR561; (1990)92BOMLR70
..... as if such judgment, order or decree had never been rendered. (of. corpus juris secuudum vol. 5-b, paras 1950). (of. also smt. kausalya devi bogra and others v. land acquisition officer aurangabad and another, : [1984]2scr900 ; and state of gujarat v. mohd. ismail jumma and others, : 1982crilj421 . therefore a wrongful refusal to stay the suit in the teeth of section ..... to return the application to the party presenting it. he has relied upon an unreported judgment of lentin j., dated 16th june, 1976 in the case of european grain and shipping ltd. v. indo univarsal corporation, in arbitration petition no. 8 of 1968 in support of his contention. in the present case, however, the application was not presented without a copy .....
Tag this Judgment!Court : Delhi
Decided on : Mar-14-1989
Reported in : AIR1991Delhi71
ORDERD. P. Wadhwa, J. 1. In this petition the petitioners, in effect, seek direction to the first respondent Municipal Corporation of Delhi (for short 'the MCD to extend, u/ S. 341 of the Delhi Municipal Corporation Act 1957 (for short 'the Act), the period of their building plan sanctioned earlier in a certain group housing scheme. The second respondent was at the relevant time Commissioner of the first respondent and had refused extension of the period. He has been imp leaded as a party as his act of refusal is termed as male fide.2. During the pendency of this petition, respondents Nos. 3 to 15 were imp leaded as parties by order dated 21-9-198 1. Respondent housing scheme was recommended subject to No. 3 is the association of respondents Nos. 4 the following conditions to 15. The petitioners, as owners of the group housing scheme, had earlier sold various buildings, numbering 18, to respondents Nos. 4 to 15 and others, who later formed themselves into an association under the name ...
Tag this Judgment!Court : Chennai
Decided on : Mar-29-1989
Reported in : (1990)ILLJ73Mad
Sathiadev, J 1. Petitioner in W.P. No. 12581 of 1988 is the appellant, and the three respondents therein are the respondents herein. The write petition was filed for issue of a write of certiorari to quash the proceedings of the third respondent dated 16th September 1988. 2. In the supporting affidavit, he has stated as follows : He joined third respondent college in June 1966 as Associate Lecturer in Electrical Engineering. In 1974, he was promoted as Lecturer in Electrical, Electronics and Communication Engineering. After referring to several writ proceedings filed in the Court and the Supreme Court between himself and the college, he would state that on 30th April 1988, he attended the Annul Senate Meeting of the first respondent University to which he was selected unopposed in April, 1986. During the course of discussions in the meeting, in the presence of the Principal of the third respondent College, who was also present, he had made his speech about internal assessment marks bei...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-16-1989
Reported in : 1991CriLJ3302
V.K. Mehrotra, J. 1. Criminal Revision No. 20 of 1985 (Rattan Lal v. State of Himachal Pradesh) was filed in this Court on April 4, 1985. Rattan Lal was convicted by the Chief Judicial Magistrate, Bilaspur, under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for brief 'the Act') by judgment and order dated November 17, 1984. He was sentenced to undergo rigorous imprisonment for six months and pay a fine of Rs. 1,000/-. The offence found proved against him was of selling adulterated cow milk to the Food Inspector. In appeal, the conviction was upheld by the learned Sessions Judge, Shimla, on March 22, 1985. The sentence awarded to the petitioner was also upheld.2. The sample of milk was found to be adulterated by the Public Analyst on account of the fact that the milk fat was found to be only 2.6% which was deficient by 29% than the minimum prescribed standard. One part of the sample was also sent, as per the request of the petitioner, to the ...
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1989
Reported in : 1990(1)BomCR433
M.S. Deshpande, J.1. This is an appeal by the accused who was convicted under section 22 of the Narcotic Drugs and Psychotropic Substance Act, 1985 and was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default to suffer rigorous imprisonment for two years.2. The incident on the basis of which the appellant came to be tried occurred on June 4, 1989. At about 4.10 p.m. P.S.I. Khodke of Ambazari Police Station of Nagpur, received information that the appellant was in possession of brown sugar and used to sell on plot No. 269, Abhyankar Nagar, Nagpur. After receiving this information, he called two panchas and told them and Shri Thakre. Assistant Commissioner of Police, Sitabuldi Zone and proceeded to the spot where he found the appellant. After offering their search to him, the appellant was searched and was found to be in possession of 65 small packets covered with plastic bag in the left pocket of his full-pant and an amount of Rs. 30/...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-30-1989
Reported in : 1990ACJ495
..... harishankar tiwari v. jagru, 1987 acj 1 (mp)---the position on facts was different. reliance thereon must, therefore, be held inappropriate. indeed, in those cases, though passengers were carried for hire in a 'goods vehicle', it was held that primary contract in that case being for carriage of goods with which they were travelling, they were ..... speed testing.(2) use whilst drawing a trailer except the towing (other than for reward) of any one disabled mechanically propelled vehicle.(3) use for the conveyance of passengers for hire or reward.21. now, we turn to the relevant provisions of the motor vehicles act, 1939, contained in chapter viii (insurance of motor vehicles against ..... the truck, it was drizzling. they consistently deposed that the truck driver tore off in an excessive speed which induced fear and apprehension in the minds of the passengers. they cried out for the slackening of the speed but the truck driver did not pay any heed to them. the result was that the truck overturned. .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-1989
Reported in : AIR1990All65
ORDERG. D. Dube, J.1. This appeal has been preferred against the judgment and decree passed by Fourth Additional District Judge, Agra. The lower Court has decreed the suit of the respondents for specific performance of the contract. The defendant No. 1 has been directed to execute a sale-deed within a period of three months after receiving the amount ofsale consideration and rent up to 31st October, 1974-75 as is disclosed in the compromise entered into between the parties. The defendant No. 1 was further directed to obtain permission from the District Magistrate, if necessary. It was ordered that in case defendant No. 1 failed to comply the decree, then the sale-deed would be executed through Court at the cost of the appellant. It has also been declared that after 31st October, 1975, the plaintiffs and defendants 2 to 6 are not required to pay rent or interest to defendant No. 1.2. It is an admitted case between the parties that the house in dispute situated at Agra belonged to the pl...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-1989
Reported in : AIR1990SC1; JT1989(4)SC21; (1989)IILLJ591SC; 1989(2)SCALE697; (1989)4SCC710; [1989]Supp1SCR257; 1990(1)SLJ120(SC)
ORDERA.M. Ahmadi1. This batch of petitions brought under Article 32 of the Constitution of India challenge certain actions taken by the officers of the Trade Fair Authority of India (TFAI) in exercise of their disciplinary jurisdiction whereby the services of certain regular workmen have been terminated and several casual or daily rated workers are rendered jobless. Put briefly, the facts giving rise to these petitions are as under:2. The Trade Fair Authority Employees' Union (Union hereafter) was demanding housing facilities, regularisation of atleast 50% of casual or daily rated employees and upward revision of the salaries and allowances of the workers of TFAI. These demands were discussed with the Chief General Manager of TFAI on August 29, 1986 and thereafter from time to time but nothing concrete emerged. The case of the Union is that the Chief General Manager had assured the Union representatives that although it may not be possible to regularise the service of casual labour to ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jul-31-1989
Reported in : (1989)31ITD29(Delhi)
..... on scientific research include all expenditure incurred for the prosecution, or the provision of facilities for the prosecution, of scientific research, but do not include any expenditure incurred in the acquisition of rights in, or arising out of, scientific research.22. shri r. ganesan, referring us to the provisions of section 12 submitted that in the first place it had to ..... the growth and development of different varieties of various export-oriented agricultural produce. (b) to establish institutions, laboratories, research centres, model farms, study teams for promoting better packaging, transport and shipping with a view to improve the life of the produce and to carry on experiments in that behalf and to provide funds for such work and to educate farmers and .....
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