Court : Supreme Court of India
Reported in : AIR1978SC1601; (1979)81PLR60; (1979)2SCC274; [1979]1SCR900; 1978(10)LC858(SC)
..... justice cardozo luminously stated.more and more we lawyers are awaking to a perception of the truth that what divides and distracts us in the solution of a legal problem is not so much uncertainty about the law as uncertainty about the facts-the facts which generate the law. ..... but he contested the land-lord's claim by asserting that there was no specific commercial purpose inscribed in the demise and, therefore, it was not possible to postulate a diversion of purpose. ..... he filed a petition for eviction of the appellant-tenant under section 13(2)(ii)(b) of the east punjab urban rent restriction act, 1949, as applied to himachal pradesh on the ground that the premises were being used for a purpose other than the one for which they were let out ..... we do not have to investigate into that question in the view we have already taken and note the amendment only to indicate that the legislature, in its realism, has veered round expressly to approve de jure what is the de facto situation prevailing in the urban areas of himachal pradesh.12 ..... law, not being an abstraction but a pragmatic exercise, the legal inference to be drawn from a lease deed is conditional by the prevailing ..... original landlord passed away and his sons, the respondents, stepped into his shoes as legal representatives. ..... even assuming that the letting was for a commercial purpose, the fact that he had cooked his food or stayed at night in the rear portion of the small shop did not offend against section 13(2)(ii)(b) of the act.4. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR346
..... a perusal of the evidence adduced by the prosecution, according to us, does not establish that the accused spoke or wrote the words or made the signs or representations, or did some other acts, or the accused thereby brought or attempted to bring into hatred or contempt; or excited or attempted to excite disaffection; or that such disaffection was towards the government established by law in ..... a direction may be issued that the accused shall not be entitled to any commutation or premature release under the code, prisoners act, jail manual or any other statute and the rules made for the purpose of grant of commutation and remissions, and shall spend his entire life in the prison, in view of the act committed by the accused, who is a pakistani citizen, by bringing explosive substance to the indian territory with a view to blast it and ..... section 13(2) of the foreigners act, 1964 and rules 3 and 6 of the indian passport rules, 1950 (entry into india) as well as paragraph 3 of criminal law amendment, 1961 and paragraph 3 of the indian foreigners (report to police) orders, 1971 and sections 25(1)(d), 25(1)(a), 25(1aa), 25(1b)(f) of the indian arms act.3.12. ..... upon reaching there, he learnt that a terrorist has been apprehended with an ak 56, currency notes and a live cartridge and ha:, been taken to the b.s.f. ..... produced by the prosecution but was not tendered in evidence by the prosecution. ..... say of the accused is that he is a poor man and could not afford to come via the legal route. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD474; 2004(3)ALT417
..... of depreciation provisions and amalgamation;(d) 'debt' means any liability (inclusive of interest), which is due and payable by a society, in cash or otherwise, whether secured or unsecured, or whether payable under a decree or order of any civil court or otherwise and legally recoverable from such society;(e) the expression 'cannot undertake its operations in a viable manner' shall mean the level of operations of the society in any financial year during four financial years immediately preceding the financial ..... for alternative avenues for improving the functioning and reviving of these units so that the interests of the farmers and workers of these mills can be safeguarded.the existing provisions of the andhra pradesh co-operative societies act, 1964 do not permit the transfer of the assets of a co-operative institution to any non-cooperative institution. ..... while upholding the validity of the impugned clause, the court observed that the legislature must declare the policy of the law and the legal principles which are to control any given cases and must provide a standard to guide the officials or the body in power to execute the law, and where the . ..... we have noted the 'best offer' that means the offer received that best satisfies the criteria specified in the call for tenders or offers. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT433
..... petitioners urge that the chief minister of the state having been away from the country from the end of may till the middle of july, 1990, the state cabinet could not have met or tendered its advice to the governor on the promulgation of the ordinance, and the governor would not have therefore been satisfied that circumstances existed which rendered it necessary for him to take immediate action ..... . under clause (2) of the ordinance it is provided that in the andhra pradesh co-operative societies act, 1964 in section 31, in sub-section (2), in clause (a), for the words 'five years', the ..... , a new english dictionary on historical principles, oxford, 1905, volume vii part-i page 186, column 2 the word 'ordinance' is defined for legal purposes as 'an authoritative direction, decree or command; in more restricted sense, a public injunction or rule of narrower scope, less permanent, nature, or less constitutional character than a law or statute, as a decree of a sovereign, an enactment of a ..... .' the reason to replace the elected bodies was stated to be - 'the government had an occasion to note that there was considerable justification for the complaints by the public that there are wholesale induction of bogus members into very many societies and certain persons ..... . we should also take note of the fact that section 31(2)(b) of the act, which the full bench interpreted in the above cast, required the registrar to record reasons only for extending the term of the committee, but the appellant before this .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(5)ALD516; 2003(4)ALT177
..... neither the provision nor the rules made thereunder authorise any other authority or authorities to intervene in the matter of evaluation of tenders and offers and in the matter of identification of societies or body, as the case may be, to which the assets of the sick sugar factory may be transferred ..... avenues for improving the functioning and reviving of these units so that the interests of the farmers and workers of these mills can be safeguarded.the existing provisions of the andhra pradesh co-operative societies act, 1964 do not permit the transfer of the assets of a cooperative institution to any non-co-operative institution. ..... it may be appropriate to make note of settled legal position that every act carries with it the presumption of constitutional validity and unless the petitioners are able to discharge the said burden by placing adequate material, the court should not strike down a legislative ..... co-operative societies act, 1964 (for short 'the act') is the primary issue in these ..... made an oral application immediately after pronouncing the judgment for grant of certificate to prefer an appeal to the supreme court so far as the question concerning the constitutional validity of section 12-a of the andhra pradesh co-operative societies act, 1964 is concerned. ..... have, therefore, decided to provide for the transfer of the assets and liabilities of such sick units to non-co-operative institutions by suitably amending the andhra pradesh cooperative societies act, 1964.'26. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1322; 2002(3)KarLJ192
..... from the above it is clear that the first division bench had held that the local depots/go downs of the fci cannot invite tenders for awarding handling contracts for its godowns and they were bound to entrust the same to the labour co-operative societies because they were bound by their policy decisions embodied in annexure-a ..... co-operative societies filed a petition submitting therein that as the impugned circular and tender notice were contrary to the provisions of section 10-a of the contract labour (regulation and abolition) act, 1970 and the judgments of this court, the same were liable to be ..... judgment referred to above, the supreme court noticed that 'though it was open to the corporation to engage a contractor for handling cf food grains may be true or legally acceptable' but further observed that 'it should not remain oblivious to the trend which is in favour of abolishing the contract labour''.9. ..... on the other hand, learned counsel appearing for the respondents have inter alia submitted that the corporation was bound to act strictly in accordance with the instructions issued by the central government and any deviation on this count would render now policy ..... under section 3 of the food corporation of india act, 1964 (in short the 'act'). ..... the board of directors taking note of the above judicial pronouncements as also various other factors as noticed in their 252nd adjourned meeting dated 19-10-1996 (annexure-5 to the affidavit by the senior regional manager, fci filed on .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)
..... of the constitutional issues raised in the writ petition, it would be better if the writ petition is listed for hearing before the division bench under section 9 of the karnataka high court act 1964, as expeditiously as possible.thereafter, when this matter was listed before the division bench on 29.08.1994 the division bench passed the following order:these petitions are before us on a reference under ..... their mother tongue.in new zealand, a recent study showed that maori children who received basic education in their own language performed better than those educated in english only, note don long, who produces books and teaching materials in the country's minority languages.in united states, a research unit at george mason university in virginia has monitored results at ..... any other language medium from 5th standard and above.the supreme court as per its judgment dated 8-12-1993 upheld the judgment passed by the high court and also the legality of the order passed by the government on 19-6-1989 on the direction of the high court and proceed to observe that government is well aware how to implement ..... of article 39 and articles 41 and 42 at the least, therefore, it must include protection of the health and strength of workers, men and women and of the tender age of children against abuse, opportunities and facilities of children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD436; 2001(6)ALT67
..... noticing two conflicting views on interpretation of section 13(1) of the food corporations india act, 1964, (37 of 1964) ('the said act' for the sake of brevity) these matters have been referred to a full bench by a learned judge of this court.2 ..... choudary and seetharam reddy, jj) interpreting section 13 of the food corporation act, 1964, the division bench stated the law thus:'it is rather difficult to derive from the language of section 13 of the act the duty resting on the food corporation of india to supply wheat to the flour mills owned by the petitioners and enforceable by this ..... may be that in the matter of its activity it is bound by the directions issued by the central government as envisaged under sub-section (2) of section 6 of the act, but subject thereto, the board of directors, upon whom the management vests, while discharging the functions are required to act on business principles having regard to the interests of the producer and consumer. ..... since august, 1988 a policy was evolved whereby tenders were be to invited from the wheat roller flour mills for purchase of wheat lying in the fci depots/centres.6 ..... regard to the statement of objects and reasons of the act, we are of the opinion that the respondent-corporation is not bound to supply wheat to the wheat roller flour mills by way of statutory obligation nor the petitioners have any legal right in relation thereto.19. ..... , : [1986]158itr574(sc) which noted that a division bench of two judges of this court in jit ram .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)1GLR603
..... order, nor, without the leave of the court, to cross-examine any witness upon any answer given in reply to any such question : provided that the judgment must be based upon facts declared by this act to be relevant, and duly proved : provided also that, this section shall not authorize any judge to compel any witness to answer any question, or to produce any document which such witness would be entitled ..... again amplified and magnified the concept and philosophy of free, fair and full justice, which reads as under :'39-a: equal justice and free legal aid :- the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any ..... the universal declaration of human rights and the constitutional provisions enshrined in chapters iii and iv and the provisions of legal services authorities act, 1987 and the provisions of section 304 of the code of criminal procedure manifest the human rights deriving from the dignity and worth ..... a classic statement, magna carta, in its most glorious enunciation in 40th para, evidently, has inscribed, 'to no one will we sell, to no one will we refuse or delay right of ..... he would tender advice as to which plea should be taken by the accused or defendant, including plea in mitigation and also applies for bail or ..... interesting to note that in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR5088
..... words in the enquiry what the land acquisition officer is expected to enquire into is the true area of the land for which he has to pay compensation and bearing in mind sections 23 and 24 of the act, the value of the land acquired and further if there are more than one claimant claiming compensation incidentally he has to go into the question of their respective interests in the land for apportionment of the compensation payable ..... dispute regarding apportionment, deposit such amount in a civil court and require the parties to settle the disputes inter se between them in the competent civil court as section 30 of the kiadb act makes it very clear that the provisions of the land acquisition act, 1894 shall mutatis mutandis apply in respect of the enquiry and award by the deputy commissioner, the reference to court, apportionment of compensation and the payment of compensation, in respect of lands ..... after coming into the force of the karnataka land revenue act 1964 the word phut kharab has been defined under rule 21(2) as under-'during the process of classification, land included as un-arable shall be treated as ..... decision, inter alia, in respect of the amount of compensation which should be paid to the person interested in the property acquired; but legally the award cannot be treated as a decision; it is in law an offer or tender of the compensation determined by the collector to the owner of the property under acquisition. ..... he is bound to take note of such claims and apportion the .....
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