Court : Delhi
1. By way of this application under Section 151of the Code of Civil Procedure read with Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"), the respondent No.1 prays for dismissal of the petition as not maintainable in view of non-compliance of the provisions of Sections 81 and 83 of the Act. 2. It is stated in the application that the petitioner has failed to supply a complete set of papers alongwith the petition to the respondent No.1. It is further stated that the counsel for the respondent No.1 appeared before the Court on 20.05.2009 and requested the counsel for the petitioner to supply the complete set to enable him to file reply to the petition. The counsel for the petitioner held out an assurance that the complete set would be supplied the same day. However, a set of the petition alongwith the annexures was supplied to the counsel for the respondent No.1 on 6.7.2009, but even this copy was not complete and not a true copy of the peti...
Tag this Judgment!Court : Allahabad
Reported in : (2004)3UPLBEC3070
..... on similar lines. this would be a better check against the dangers of fragmentation than and centralization of government or concentration of power in the hands of the central authority.'mahatma gandhi was also of the view that atleast basic national education should be uniform throughout the whole of india. accordingly atleast for higher education the central government has been given wide .....
Tag this Judgment!Court : Delhi
Rajiv Sahai Endlaw, J. W.P.(C) No.6968/2011. 1. The petitioner claims to be a Society registered under the Societies Registration Act, 1860 established with the aim and objective inter alia to promote the study and practice of radio-diagnosis, ultrasound, CT, MRI and other imaging modalities and, having more than 8600 radiologists and imaging experts having recognised post-graduate degrees in the field of radio-diagnosis and imaging recognised by the Medical Council of India (MCI) as its members. The petition is filed contending: (i) that to overcome the growing problem of sex-selective termination of pregnancy of female foetuses after determining sex of the foetus by using pre-natal sex determination techniques, the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sect Selection) Act, 1994 (PNDT Act) was enacted with the objective of prohibition of sex selection and for regulation of misuse of pre-natal diagnostic techniques and the Pre-conception and Pre-natal Diagn...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... upon lawful and relevant grounds of public interest. reliance may be placed on the observations of this court in e.p. royappa v. state of tamil nadu : (1974)illj172sc , menaka gandhi v. union of india : [1978]2scr621 , r.d. shetty v. international airport authority of india : (1979)iillj217sc , kasturi lal lakshmi reddy v. state of j&k; : [1980]3scr1338 and ajay ..... rule of natural justice including personal hearing. see c. b. gautam v. union of india : [1993]199itr530(sc) , referred by learned counsel for the appellants. in some cases like maneka gandhi, post-decisional hearing was regarded as sufficient.74. in state of a.p. v. mc.dowell & co. : [1996]3scr721 the apex court held at para-44 as hereunder:it is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... hinges upon socio-economic democracy. right to development is one of the important facets of basic human rights. right to self-interest is inherent in right to life. mahatma gandhiji, the father of nation said that 'every human being has a right to live and, therefore, to find the wherewithal to feed himself and where necessary to ..... enforce the law by appropriate directions. the right to judicial review is now a basic structure of the constitution by catena of decisions of this court starting from indira gandhi v. raj narayan : [1976]2scr347 and bommai's case. it would, therefore, be necessary that instead of leaving the workmen in the lurch, the court would ..... development and his right to employment and his entitlement for employment to the labour, would all harmoneously be blended to serve larger social interest and public purpose.52. mahatma gandhiji, the father of the nation, in his book 'socialism of my concept', has said thus:to a people famishing and idle, the only acceptable form in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VAD(SC)678; AIR1996SC2462; 82(1996)CLT875(SC); JT1996(6)SC685; 1996(5)SCALE414; (1996)9SCC709; [1996]Supp3SCR808
ORDERA.M. Ahmadi, CJ.1. Special Leave granted.2. These appeals seek to challenge: (i) the common judgment and order of the Orissa High Court dated April 4, 1995, arising out of OJC No. 7729 of 1993 and allied matters and (2) the decision of the Central Government dated August 17, 1995 made pursuant to the said judgment of the High Court.3. The appellants in these appeals are the Tata Iron and Steel Company, Limited, (hereinafter called 'T1SCO') and the Industrial Development Corporation of Orissa Limited (hereinafter called 'IDCOL'). The principal respondents are the Union of India, the State of Orissa, M/s. Indian Charge Chrome Limited, (hereinafter called 'ICCL'), Indian Metal & Ferro Alloys Limited (hereinafter called 'IMFA'), M/s. Jindal Strips Limited, (hereinafter called 'JSL'), Ferro Alloys Corporation Limited (hereinafter called 'FACOR') and Ispat Alloys Limited.4. The factual matrix of the case is as follows :The appellant, TISCO, is a limited company, one of whose primary obj...
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)420; 64(1996)DLT572; 1996(39)DRJ512
R.C. Lahoti, J.(1) Whether an application under Section 5 of the Limitation Act seeking condensation of delay in filing an appeal must accompany the memo of appeal? If the application is not so filed does it cease to be maintainable merely because it was filed a few days after the filing of the appeal? These are the questions of law of day to day recurrence, which arise for decision in this appeal.(2) The order of injunction which is under appeal was passed on 24.5.96. On 25.5.96 an application for certified copy of the order was made. Copy was ready on 28.5.96. The last day of filing the appeal was 27.6.1996. The appeal was filed on 2nd July, 1996. It was not accompanied by an application seeking condensation of delay in filing the appeal. The registry raised a few objections including one of the appeal being barred by time and brought it to the notice of the appellant's counsel. The appeal was returned to the appellant's counsel for removing the defects and refiling the same within o...
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR1; 2008(2)BomCR497; (2008)110BOMLR805; 2008(4)MhLj125; 1996(72)FLR166
R.C. Chavan, J.1. Being aggrieved by the judgment dated 29-4-2005 rendered by a learned Single Judge dismissing the writ petitions filed by the appellant-employer and partially allowing the petitions by the respondent-employees, the employer has preferred these appeals. 2. The facts, in the context of which these proceedings have arisen and about which there is not much dispute, are as under:3. Appellant M/s. Mahindra & Mahindra manufactures tractors, jeeps, auto components, etc., in its plant including one at Nagpur according to market needs. For this purpose, apart from its regular work force, it also engages a large number of temporary workmen, who are employed and re-employed by issuing orders of appointments from time to time for fixed periods. These employees claimed to have completed 240 days of such employment and, therefore, demanded regularization and permanency. They complained that they were given deliberate breaks and other temporaries were employed in their place to preve...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... (19th supra), held that the word 'life' to mean something more than survival or animal existence and it would include the right to live with human dignity.92. in maneka gandhi v. union of india, : [1978]2scr621 their lordships, while considering the words 'personal liberty' occurring in article 21 of the constitution, held that the expression 'personal liberty' is of the .....
Tag this Judgment!Court : Chennai
Reported in : 2006(2)CTC241; (2006)3MLJ129
..... that if competent legislation is enacted as visualised in article 327 the commission cannot shake himself free from the enacted prescriptions. after all, as mathew, j. has observed in indira gandhi : [1976]2scr347 :in our opinion of some of the judges constituting the majority in bharati's case : air1973sc1461 (supra) rule of law is a basic structure of the constitution apart .....
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