Court : Mumbai
Reported in : AIR1981Bom95; 1981MhLJ587
..... them, the failure in examination or passing with lesser marks than expected, affects future career of the examinees and as such involves civil consequences. reliance is placed mainly on maneka gandhi v. union of india : [1978]2scr621 ; mohinder singh v. chief election commr., : [1978]2scr272 and regina v. aston university senate, (1969) 2 qb 538.12 ..... out of 100 in physics and 77 out of 100 in biology. he does not make any grievance, about his 47 and 68 per cent marks respectively in hindi and english, he claims to have answered all the questions correctly, admitting of no deductions on any count; and had earlier secured 19 marks out of 20 ..... administrative actions involving civil consequences. this is what is exhaustively explained by the supreme court in the passages from maneka gandhi's case and mohinder singh's case (supra) relied on before us. cancellation of maneka gandhi's passport involved abridgment of her fundamental rights under art. 21 while the procedure of doing so without any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... appellant has certainly been prejudiced by the said order. the petition under article 226 of the constitution at his instance, therefore, is maintainable.(emphasis added).963. in adi pherozshah gandhi v. h.m. seervai. advocate general of maharashtra, bombay : [1971]1scr863 , the expression 'person aggrieved' found in section 37 of the advocates act, 1961 was ..... anything in sub-clause (a) of clause (1), the governor of a state may, with the previous consent of the president, authorise the use of the hindi language, or any other language used for any official purposes of the state, in proceedings in the high court having its principal seat in that state:provided that ..... and notice the rotational movement. shri sharma was first proposed to be moved from jodhpur to ernakulam, i. e. rajasthan to kerala, from the hindi speaking belt to an area where hindi is hardly welcome. shri gujral moves from sikkim to ernakulam, that is, from sikkimese to malayalam and from- extreme north to down south. within .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... 16. articles 14 and 16 strike at arbitrariness in state action and ensure fairness and equality of treatment.'222. the court also referred with approval to the observations in maneka gandhi (smt.) v. union of india, : [1978]2scr621 'wherever, therefore, there is arbitrariness in state action whether it be of the legislature or of the executive or of an 'authority' under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
O. Chinnappa Reddy, J.1. Unfamiliar as I am with the history, tradition and the lore of the city and the High Court of Bombay, I content myself by agreeing with the conclusion of my learned brother that no appeal under Clause 15 of the Letters Patent lies to the High Court against the order of a single judge of the High Court exercising jurisdiction under Article 227 of the Constitution, no less and no more. I do not have any doubt that the reference to Section 107 of the Government of India Act, 1915 in Clause 15 of the Letters Patent must necessarily be read as a reference to Article 227 of the Constitution. So read an appeal under Clause 15 is clearly not maintainable against an order made in exercise of the power under Article 227. This is the view taken by all the High Courts in India except the High Court of Bombay, where alone opinion has not been unanimous.D.P. Madon, J.2. The question which falls for determination in this Appeal is 'Whether an appeal lies under Clause 15 of th...
Tag this Judgment!Court : Chennai
Reported in : AIR1988Mad1
..... respondent herein. they are not intermeddlers or third parties or busy bodies having no local interest in the affairs of the society. yet, mr. subramaniam, would refer to a. p. gandhi v. h. m. shervai, : [1971]1scr863 , which takes the view that the expression person aggrieved has to be construed by reference to the enactment in which it appears, and in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2106; JT1987(3)SC180; (1988)ILLJ251SC; 1987(2)SCALE147; (1987)4SCC114; [1987]3SCR704; 1987(3)SLJ147(SC)
..... . the decisions are rai saheb ramjawaya kapur v. state of punjab : [1955]2scr225 ; a. sanjeevi naidu v. state of madras : [1970]3scr505 and u.n.r. rao v. smt. indira gandhi [1977] suppl. scr 46. these decisions neither referred to nor considered in sardari lal's case.the president as well as the governor is the constitutional or formal head. the .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR22; (1992)94BOMLR965
..... down by the supreme court was followed by a single judge of this court in the decision reported in 1986 m.l.j. 773, vidarbha kshatriya mali shikshan sanstha v. mahatma fuley shikshan samiti amaravai, holding that trustees who want to enforce their civil rights are not covered by definition of the expression 'person having interest' and are entitled to file .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR329
S.M. Daud, J.1. This is a suit for enforcing rights allegedly conferred under conveyance dated 20th March 1951 - hereinafter referred to as 'Ex.B'.2. Ratanchand Hirachand Doshi was the owner of a fairly large and valuable property comprising land and structures thereon which property was acquired by him on 15-4-1947 for a consideration of Rs. 6,55,580.80 ps. (see Ex. A-95). Certain parcels of vacant land from out of this property were transferred under three different transactions dated 28-11-1947, 18-5-1949 and 27-4-1950. That left Ratanchand with land measuring 6350.40 sq. yds. with various structures thereon. The structures included Ratan Villa also known as 'Ratan Villas' or the 'main bungalow', servants' quarters, out-house/guest-house, Secretary's house and garages. The area on which these structures stood covered 1292 sq. yds. A thousand sq. yds. to the west facing the Arabian Sea was required to be kept vacant as per the Government convenient. The vacant area in bits and pieces...
Tag this Judgment!Court : Mumbai
Reported in : 1994(4)BomCR237
S.N. Variava, J.1. This is a private complaint filed by the Standard Chartered Bank (hereinafter for brevity's sake referred to as 'the said Bank) through its Director one Mr.Bratindranath Banerjee against the accused Mr. Hiten P. Dalal alleging an offence under section 138 of Negotiable Instruments Act. It is the case of the prosecution that the accused had issued to the said Bank four cheques, viz., (1) cheque No.985203 dated 24th December, 1991 for Rs. 27 crores (Ex. B); (2) cheque No. 985204 dated 26th December, 1991 for Rs. 14.50 crores (Ex. C); (3) cheque No. 989897 dated 17th February, 1992 for Rs. 17 crores (Ex.D); and (4) cheque No. 023423 dated 27th March, 1992 for Rs. 19,95,75,000/- (Ex. E). It is the case of the prosecution that these cheques were given in discharge of the liability of the accused to the said Bank arising from differences in the Contract Rates and Delivery Rates in transactions undertaken at the instance of the accused. It is the case of the prosecution tha...
Tag this Judgment!Court : Orissa
Reported in : AIR1993Ori259; 76(1993)CLT720
..... has to pass, inter alia, the test of article 14, which would not be so if a provision would be unreasonable, in view of what has been stated in maneka gandhi's case, air 1978 sc 597, the law propounded in which has become well entrenched, as fairly admitted by shri rao. it is because of this that chapter iii has .....
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