Court : US Supreme Court
..... . s. 39 . the substantive fourth amendment principles announced in those cases are fully consistent with our holding here. [ footnote 9 ] the court held in united states v. johnson that a construction of the fourth amendment that did not constitute a "clear break with the past" is to be applied to all convictions not yet final when the decision was handed down .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1584; 1984(2)SCALE171; (1984)4SCC58; [1985]1SCR430; 1984(16)LC1108(SC)
Balakrishna Eradi, J.1. These appeals by special leave are directed against the Judgment of the High Court of Bombay (Panaji Bench) dated 2.11.1982 whereby a Division Bench of the High Court allowed a batch of Writ Petitions filed by some students who had appeared in the XII standard examination conducted by the Goa, Daman and Diu Board of Secondary and Higher Secondary Education and declared the provisions of Clauses (1) and (2) of Rule 37 of the rules framed by the Administrator of Goa, Daman and Diu under Goa, Daman and Diu Secondary and Higher Secondary Education Board Act as ultra vires and invalid insofar as they prohibit inspection and/or revaluation of answer books. In reaching the said conclusion on the validity of the impugned rules the High Court followed its earlier Judgment in Paritosh Bhupesh Kumarsheth and Ors. v. Maharashtra State Board of Secondary and Higher Secondary Education, Pune and Anr. AIR 1981 Bom 895-wherein Regulation 104 (3) framed by the Maharashtra State ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC28; 1984(2)SCALE608; 1984Supp(1)SCC571; [1985]1SCR1003
D.A. Desai, J.1. The appellant was ill-advised in filing this appeal because the more the learned Counsel appearing for the appellant dived deep into a veritable dustbin of facts, the further hearing caused deep anguish more on account of the realisation as to how occasionally, and we are happy to record very occasionally, a member of the noble profession sinks to the lowest and to vindicate his actions tries to clutch at the highest.2. One M. Ram Mohan Rao, who was described as a senior of appellant M. Veerabhadra Rao has been a practising advocate at Hyderabad. Appellant M. Veerabhadra Rao was enrolled as an advocate in the year 1961 as stated in his evidence. He joined the chamber of his senior and at the relevant time he was working in the chamber of his senior. Shri M. Ram Mohan Rao was a tenant of the premises bearing Municipal No. 3242 situated at Rashtrapathi Road, Kingsway, Secunderabad of which respondent Tek Chand son of Lala Moti Ram was the owner. It is alleged that the re...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC218; 1984(2)SCALE769; (1985)1SCC345; [1985]2SCR72; [1986]62STC130(SC)
..... improvements; (xi) production and betterment of agricultural produce; (xii) meeting any legal expenses incurred by the board; (xiii) imparting education in marketing or agriculture; (xiv) construction of godowns; (xv) loans and advances to the employees; (xvi) expenses incurred in auditing the accounts of the board; (xvii) with the previous sanction of the state ..... facilities, such as shelter, shade, parking accommodation and water for the persons, draught cattle vehicles and pack animals, coming or being brought to the market or on construction and repair of approach roads, culverts, bridges and other such purposes; (ix) expenses incurred in the maintenance of the offices and in auditing the accounts of the ..... of course, construe even a reserved judgment of even russell l. j. as if it were an act of parliament.' and, in herrington v. british railways board (1972) 2 wlr 537 lord morris said:there is always peril in treating the words of a speech or judgment as though they are words in a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC119; (1985)87BOMLR49; 1984(2)SCALE793; (1985)1SCC234; [1985]2SCR129; 1985(17)LC432(SC)
..... prevent them from exploiting any further the helpless members of the community who are virtually at their mercy. not only have these defiant law-breakers constructed unauthorised structures on private and public properties but, as stated in the objects and reasons of the act, they have been collecting extortionate rents from ..... department to demolish the unauthorised huts and 'houses was found immediately necessary. further, it was also necessary to take drastic penal action against those who construct unauthorised hutments or colonies of temporary sheds, and traffic in lands and such structures or recover rents by letting out such structures.it is clear ..... various plots of tend comprised m survey no. 154 formed of association through which, they requested the standing committee of the bombay municipal corporation to the constructions. the association was, however, informed that its request could not be granted because, the government was considering a proposal for the acquisition of the land .....
Tag this Judgment!Court : US Supreme Court
..... of the incontestability provisions of the lanham act in the context of an infringement action defended on the grounds that the mark is merely descriptive. statutory construction must begin with the language employed by congress and the assumption that the ordinary meaning of that language accurately expresses the legislative purpose. see american tobacco ..... preclude injunction and damages in the case of an incontestable mark. however, there is always the possibility that the courts might give the act a strict and technical construction, precluding any defense except those specifically enumerated." diggins, the lanham trade-mark act, 35 geo.l.j. 147, 195 (1947). [ footnote 2/23 ] ..... s. 492 (1942) ("[c]ourts of equity may appropriately withhold their aid where the plaintiff is using the right asserted contrary to the public interest"); virginian r. co. v. railway employees, 300 u. s. 515 , 300 u. s. 552 (1937). [ footnote 2/26 ] griffin v. oceanic contractors, inc., 458 u. s. 564 , 458 u .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC551; 1985(33)BLJR485; [1985(51)FLR166]; (1985)ILLJ444SC; 1985(1)SCALE31; (1985)1SCC523; [1985]2SCR579; 1985(1)SLJ277(SC)
..... than 18,000 vacancies arose on account of the reduction in the age of retirement.(e) the careful planning by the employees of their important affairs of life like the construction of a house, the marriage of a daughter or the repayment of loans, has been suddenly set at naught by the reduction in the age of retirement; (f) ..... ). learned counsel contends that this decision is of doubtful authority since the court based its opinion on the majority judgment in moti ram deka v. general manager, north frontier railway : (1964)iillj467sc , in which the court was not called upon to consider and did not consider the validity of a rule of superannuation. it is true that in ..... moti ram deka : (1964)iillj467sc , the court was concerned to determine the validity of rules 148(3) and 149(3) of the railway establishment code which provided for the termination of the service of a permanent servant by a mere notice. but, interestingly, the judgment in bishun narain mishra shows that it was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC981; 1985(1)SCALE998; 1985Supp(1)SCC102; 1985(17)LC685(SC)
P.N. Bhagwati, J.1. This appeal by special leave is directed against a Judgment of a Division Bench of the High Court of Punjab and Haryana holding that the State of Punjab was wrong in denying admission to the 1st respondent Bhagwant Singh in the sports quota for the 1st year M.B.B.S. course for the academic year 1982-83. The 1st respondent had claimed admission to the 1st year M.B.B.S. course on the strength of a certificate dated 3.8.82 issued by the Joint Director of Sports, Punjab certifying that the 1st respondent, who was a member of junior Hockey Team, had been declared as C-1I Grade Sportsman in Hockey Group-I. This certificate was issued on the basis of a certificate given by the Punjab Agricultural University Ludhiana that the 1st respondent was a member of the Punjab Agricultural University Hockey Team and that he had participated in All India Inter-Varsity Hockey Tournament held at Meerut in 1981-82. The 1st respondent appeared in the entrance examination held by the State...
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1985)ACC184; AIR1985SC493; 60(1985)CLT99(SC); 1985(1)SCALE376; (1985)2SCC636; [1985]3SCR1; 1985(17)LC838(SC)
..... of 1969, a concept of a tourist permit for a tourist vehicle was introduced in the act. 'tourist vehicle' is denned in section 2(29a) to mean 'a contract carriage constructed or adapted and equipped and maintained in accordance with such specification as the state government may, by notification in the official gazette, specify in that behalf. by the same amending ..... that permit to the effect that the vehicle to which the permit relates is a tourist vehicle.' there is nothing in sub-section (7) of section 63 to warrant this construction. the high court unfortunately did not look at the substantive provision enacted in sub-section (7) of section 63, did not analyse it to ascertain its width and content but .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC973; (1985)87BOMLR290; [1986]60CompCas1(SC); 1985(1)SCALE644; (1985)2SCC670; [1985]3SCR580; 1985(17)LC1080(SC)
..... ) requires the expression to be given a broad interpretation since there can be no higher interest than the public interest. we do not however desire to quibble with rules of construction since we propose to examine what a 'corporation' means and comprehends ordinarily and in the scheme of the constitution.7. what is a corporation in halsbury's laws of england .....
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