Court : Kerala
Reported in : AIR1994Ker179
..... scale of expenditure is fixed under that section, in accordance with the dittam or scale of expenditure fixed for the temple and the subordinate temples under section 51 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951); (b) to provide facilities for the proper performance of worship by the worshippers; (c) to ensure the safe custody of the funds, valuable securities and jewelleries and the preservation and management of ..... or group of persons is violated and as far as possible, not entertain cases of individual wrong or injury at the instance of a third party, where there is an effective legal aid organisation which can take care of such cases...........................but there may be cases where the state or apublic authority may act in violation of a constitutional or statutory obligation or fail to carry out such obligation, resulting in injury to public interest or what may conveniently be termed as public injury as ..... pity that the government, in whom the supervisory jurisdiction is vested under the act to oversee that the administration of the managing committee is carried on in accordance with the provisions of the act and according to law, has not even taken serious note of the patent discord, dissension and dissatisfaction in the majority members of the managing ..... of the charge is that the guruvayur devaswom invited tender forthe said work and the government concern viz ..... . identification marks should be inscribed on all the movable .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj154; 1987(2)WLN268
..... any order, in favour of a landlord, whether execution of a decree or otherwise, evicting the tenant so long as he is ready and willing to pay rent therefor to the full extent allowable by this act, unless it is satisfied --(a) that the tenant has neither paid nor tendered the amount of rent due from him for six month; or(b) that the tenant has wilfully caused or permitted to be caused substantial damage to the premises; or(c) that the tenant has without ..... said judgment of the apex court, makes it very clear that once rent control laws occupy the field in a particular geographical area, then, the provisions of the transfer of property act, even for the purposes of giving a notice and termination of tenancy, becomes irrelevant and redundant, because the relationship of landlord and tenant is exclusively and wholly governed and regulated by the ..... the matter, all that is required to be done is that the revision petition is partially accepted to this limited extent that the order striking out the defence, though legal, would not be interpreted to mean striking out the defence against grounds other than the ground mentioned in clause (a), i.e. ..... there must be a failure to pay rent which, in the context, indicates wilful failure, deliberate default or volitional non-performance, secondly, the section provides no automatic weapon but prescribes a wise discretion, inscribes no mechanical consequence but invests a power to overcome intransigence. ..... 1979 sc 1745) (supra) was not taken note of. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1983AP69
..... either to quell some prejudicial activity or to palliate some measure economic or otherwise would be frustrated..........the rules of natural justice vary with the varying constitution of statutory bodies and the rules prescribed by the act under which they function and the question whether or not rules of natural justice had been contravened, should be decided not under any preconceived notions but in the light of the statutory rules and provisions ..... de smith pointed out in his standard work 'judicial review of administrative action', fourth edition, at pages 157 and 158:'that no man is to be judged unheard was a precept known to the greeks, inscribed in ancient times upon images in places where justice was administered, proclaimed in seneca's medes, enshrined in the scriptures, mentioned by st. ..... embarking on a consideration of the question relating to the propriety of the procedure adopted by the commissionone other submissionof hte learned counsel relating to the legality of the privilege claimed on behlaf of the government and upheld by the commission under sections 123 and 124 of the evidence act by the order dated 7-7-82 in respect of certain documents requested for inspection by the petitioner, may be considered.11. ..... petitioner wa permitted by the commission to tender his evidence in the form of affidavits as already intimated to him in the notices issued under section 8b of the act. ..... baldwin (1964 ac 40) it was held by a majority that the decision was void, and not merely .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1664; (1980)3SCC610; [1980]3SCR325; 1980(12)LC722(SC)
..... the conclusion necessarily follows that the striking out of the defence was not legal and the appellant should have been given an opportunity to contest the claim of the landlord for ..... no option but to strike out the defence if the failure to pay or deposit the rent is proved; under the new act the controller who takes the place of the court has a discretion in the matter, so that that in proper cases he may refuse to strike out the defence.these observations leave no doubt that under section 15(7) of the act, it is in the liberal discretion of the rent controller whether or not to strike out the defence.6. ..... section provides no automatic weapon but prescribes a wise discretion, inscribes no mechanical consequence but invests a power to overcome intransigence. ..... radhey shyam a.i.r.1964 sc 1370 in that case, the court compared section 13(5) of the delhi rent control act, 1952 which laid down that on the failure of a tenant to deposit the arrears of rent within the prescribed time, 'the court shall order the defence against ejectment to be ..... the language of section 15(7) with that of section 13(5) of the repealed act is significant and indicates that in the present act there is a deliberate modification of law in favour of the tenant. ..... interesting point affecting the validity and propriety of an order under section 15(7) of the delhi rent control act, 1958 (for short, the act), has been raised by counsel for the appellant. ..... it will be noted that section 15(7) of the act is not couched in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
..... debentures policies, or other like interests in that company which, under the compromise or arrangement, are to be allotted or appropriated by that company to or for any person;(iii) the continuation by or against the transferee company of any legal proceedings pending by or against any transferor company;(iv) the dissolution, without winding up, of any transferor company;(v) the provision to be made for any persons who, within such time and in such manner as the court directs ..... in support of their stand:a) the board of directors of ril were appreciative of the resolution of the issues between shri mukesh ambani and shri anil ambani and in their meeting held on june 18, 2005 noted the settlement and amicable resolution of the dispute providing for reorganization of the reliance group including the businesses and interests of ril and adopted a resolution thanking the efforts made by smt. ..... . the decision at the level of the division bench turned, it seems, on the fact that a portion of the mou was jointly tendered by ril and rnrl and apperception of the division bench that under the psc, ril is entitled to a physical share of natural gas, as a part of cost ..... . there is a certain legal sanctity associated with it, in the first place, in the form of presumptions that flow from sections 193, 194 and 195 of the companies act, 1956 that they are an accurate ..... . those instructions are inscribed, nay genetically encoded and hardwired, in the commands 'to be held' 'for the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All8; 1968CriLJ1
..... of the price of the grain, (d) the lota which the deceased was carrying with him was recovered from the bed of pandu river falling in the way at the instance of appellant bhagwan das (e) on 22nd september, 1964, when bholey khan was medically examined he had two abrasions 1/2' x 1/8' and 1/6' x 1/10' on the right base of thumb palmer side, one healed abrasion 3/4' x 1/6' on right wrist outer side, contused area 3' x 2 1/2' on left ..... to allahabad and at his instance some pieces of cloth eight in number and a chappal were recovered from a pit by the side of grand trunk road near village nidura on the 24th of september, 1964 a lota bearing the inscription 'hari prasad gupta mohammadabad gohna' was also taken out from pandu river from a place pointed out by him during the course of their journey the two appellants are ..... hari prosad gupta is the uncle of the deceased whose name was found inscribed on the lota gyah chand and sheo dutta prasad have testified that panna lal had taken the lota with him when he had left his home at mohammadabad gohna for kalpi ..... 2100 in the shape of 21 notes of 100 rupees denomination at the instance of bhagwan das from the house of his mother-in-law has been established beyond the ..... of his dead body to screen themselves from legal punishment.3. ..... have been convicted by the learned additional district and sessions judge, kanpur, of offences of murder, robbery and causing disappearance of evidence of murder for screening themselves from legal punishment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1183; 1978CriLJ1107; (1978)3SCC279; [1978]3SCR823
..... the high court seems to have accepted the statement of the respondent that the police took 'his finger impressions on the currency note while he was in police custody, but it not only lost sight of the fact that there was not evidence to that effect, but also of the fact that the prosecution had succeeded in proving the recovery by ..... the respondent was anxious to hide the ill gotten property as soon as possible, and the fact that it was recovered in pursuance of his information under section 27 of the evidence act, and at his instance, by his digging out the place where it lay buried, was quite sufficient to prove the genuineness of the recovery. ..... as it is, the evidence on the record was sufficient to show that the statement was not only voluntary but it fell within the purview of section 27 of the evidence act in as much as the 'fact discovered' was the place from which the various articles were produced by the respondent and his knowledge of it. ..... it will be recalled that the deceased was undoubtedly in possession of currency notes because of the realisation he had made from the debtors of the co-operative society only a little while earlier, and the fact that the respondent hid the notes after tying them in a handkerchief, shows that he knew that their possessions with him would be incriminating and unexplainable. ..... were inscribed on it. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1990Ker101
..... :'one arbitration agreement can produce one or more awards; and the law of arbitration, as i understand, does not nurse any dogma to say that it can never do so under any circumstances because of some fancied universal doctrine of legal merger of the arbitration agreement in the award.....this is however very far from saying that the same point can be decided over and over again by different awards, which of course cannot be done'.the decision ..... 36 for providing facine mattress foundation consisting of bush weed upto 5 cm dia; (c) expenses to inscribe numbers on each 200dm3 granite stone; (d) additional conveyance charges for procuring and conveying rubble from the quarry situated at a distance of 30 km away from the site; (e) procuring and conveying of 45 dm3 stone from the distant ..... 192 of 1984 to the effect that clause 24 of the tender notice read along with clause 73 of the madras detailed standard specifications, postulates as condition precedent to a reference that the claimant should in ..... this appeal under section 39 of the arbitration act (for short the act) arises from an order of the subordinate judge, trivandrum allowing o ..... it not open to a party to plead that an objection to the legality of the award is apparent on the face of it? ..... we have, however, to take due note of the recent changes in law dealing with this aspect.19 ..... present appellants had filed objections under sections 16 and 32 of the act to set aside or remit the award to the arbitrator. ..... , air 1964 cal 452, m. s .....
Tag this Judgment!Court : Kerala
Reported in : 2007(1)KLT368
..... and drainage scheme under sub-section (1) may realise water charge and service charge for sewerage from the beneficiaries in the manner as prescribed.as such, it is very clear that the local bodies also have legal duties under law in the matter of supply of drinking water to the people of the municipality spite of that, the 4th respondent-alappuzha municipality and the 5th respondent-block panchayat have not even responded, to ..... kerala water authority was constituted by the government of kerala under section 3 of the kerala water supply and sewerages act, 1986 as an autonomous body under the direct control and supervision of the government for the development and regulation of water supply and waste water collection and disposal in the state of kerala and for matters ..... steel pipes which are available for supply from the steel authority of india which is a central government concern and in fact a notification inviting the tenders for the project was issued as ext. p4. ..... water authority had put up a huge plaque showing the foundation stone laid by the then chief minister, on 30.8.2002 with the 'hudco aided augmentation water supply scheme to alappuzha municipality and adjoining villages - phase i' inscribed thereon. ..... in this connection we also note that in the budget estimate for 2003-04 and 2005-2006 an amount of rs ..... it is also distressing to note that in spite of specific allegation in the writ petition that with mala fide intention respondents 2 and 3 are changing grp pipes by m.s .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi387
..... undertaking, forming subject matter of the order, and may eventually result in the deprivation of the other attributes of the ownership of the undertaking and, on one interpretation of some of provisions of the act, to dominion and control over, the management and the various attributes of ownership of all the undertakings, if the owner happens to be a company, industrial or non-industrial, scheduled or unscheduled and ..... immediate action, in the context of the provisions of sections 15 and 16 of the act and having regard to the statement of object and reasons for the addition of section 18aa, as reinforced by the marginal note to it, has its impact on the investigation under section 15 and the remedial directions ..... ours, which is governed by the doctrine of rule of law, every executive action must conform to the constitutional and legal constraints and be just and fair not only in the content of the order or the decision, but also in ..... that no man is to be judged unheard was a precept known to the greeks, inscribed in ancient times upon images in places where justice was administered, proclaimed in seneca's medea, enshrined 'in the ..... 1964 ac 40.on the 2nd question, the court felt relieved of an obligation to lay down any definition or standard of natural justice and observed that 'the person concerned should have a reasonable opportunity of presenting his case and that the administrative authority concerned should ..... baldwin 1964 ac 40, as 'insusceptible of exact definition but ..... 1964 .....
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