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The Municipal Committee and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1967P& H430

..... of which the municipality has been superseded are extraneous and that it is humanly impossible to conclude from the reasons alleged in a particular case that any of the eventualities justifying supersession of municipality under section 238 (1) of the act has in fact occurred.it is open to this court in exercise of its writ jurisdiction to see whether in a given case the notified reasons are at all germane to the exercise of power vested in the state government for superseding a ..... as follows: --'whereas the municipal committee of kharar in the ambala district is incompetent to perform and has persistently made default in the performance of duties imposed on it by or under the punjab municipal act, 1911--now, therefore, in exercise of the powers conferred by section 238 of the aforesaid act, the governor of punjab hereby directs that the said municipal committee of kharar in the ambala district shall be superseded with immediate effect and directs that all powers and ..... in that case it was held that in exercising the powers of dismissal conferred by the english municipal corporations act, 1882 (where the power was to be exercised on the ground of negligence which required to be proved) the watch committee was bound to observe the principles of natural justice and that ridge, the employee, not having been ..... act deals with the subject of dissolution of municipal committees which are incompetent or which commit default in the performance of their duty or exceed or abuse their powers. .....

Bachan Singh, Sher Singh and anr. and Ujagar Singh and anr. Vs. State ...

Court : Supreme Court of India

Reported in : AIR1982SC1325

..... section 302 was passed by the rajya sabha in 1978 and it was pending in the lok sabha at the time when rajendra prasad's case was decided and though it ultimately lapsed with the dissolution of the lok sabha, it shows how strongly were the minds of the elected representatives of the people agitated against 'homicidal exercise of discretion' which is often an ''obsession with retributive justice in disguise. ..... ' the question at issue in the present writ petitions is one of momentous significance namely, whether the state can take the life of an individual under the cover of judicial process and whether such an act of killing by the state is in accord with the constitutional norms and values and if, on an issue like this, a judge feels strongly that it is not competent to the state to extinguish the flame of life in an individual by employing the ..... the father of the nation who said years ago, reaffirming what prince satyavan said on capital punishment in shanti parva 10 of mahabarata that 'destruction of individuals can never be a virtuous act' and this sentiment has been echoed by many eminent men such as leonardo da vinci, john bright, victor hugo and berdyaev. ..... . a big margin of subjectivism, a preference for old english precedents, theories of modern penojogv, behavioral emphasis or social antecedents, judicial hubris or human rights perspectives, criminological literacy or fanatical reverence for outworn social philosophers buried in the debris of time except as part of history .....

State of Karnataka and Others Vs. B. Krishna Bhat and Others

Court : Karnataka

Reported in : ILR2001KAR2030; 2001(2)KarLJ1

..... should be heard by not less than two judges; section 259 of the income-tax act, 1961 provides that a reference shall be heard by not less than two judges; section 17 of the indian divorce act, 1869, requires that cases for confirmation of a decree for dissolution of marriage under the said act should be headed by a bench of three judges; and there are several other ..... to corporation and bda to commence without fail by 1-11-1998 the work of repairing, restructuring and resurfacing of roads and also publish in the press (both in kannada and english) the list of roads that are going to be repaired, the contractors who had been entrusted with the said work, and the amount that was allotted for such work. ..... the validity of such allocation should stand the test of arbitrariness and capriciousness; that every judge of the high court being a constitutional functionary, has the inherent power to act suo motu and such power cannot be negated by a prohibition contained in an administrative direction issued by the chief justice; that the notification dated 8-7-1997 had the effect ..... the rule-making power extends to all jurisdiction and powers possessed by the existing high courts, whether at the date of their letters patent or of the government of india act of 1915-1919 or of the government of india act, 1935, or conferred upon it by the constitution itself or subsequent to the commencement of the constitution itself or subsequent to the commencement of the constitution by any amendment .....

Joseph Carlos, Xavier Louis Anthony Benedict Aldo Costa Vs. Stanislaus ...

Court : Chennai

Reported in : AIR1968Mad161

..... new trustee and for delivery to the new trustee of the property improperly alienated by the previous trustee, that such a suit for constructive possession was not prohibited by section 63 of the trusts act, that prima facie, section 10 of the limitation act seemed to contemplate an action by a beneficiary under a trust of which section 10 applied and provided that in such an action the beneficiary might follow the property and ask for a proper ..... the third defendant resisted the suit contending that the suit itself was not maintainable, that the first defendant on the dissolution of the partnership which subsisted between them and in respect of money due to the first defendant by the third defendant for debts of the first defendant discharged by the third defendant ..... (21) learned counsel for the appellant contended that in any event the 10th defendant could not plead adverse possession by availing of article 144 of the limitation act, as the suit was not by an owner but by a beneficiary and he was not claiming possession of the trust properties but only seeking the help of the court to appoint an administrator and ..... of the general rule protecting a purchaser from an executor, if the purchaser concurs in any act which manifests from the transaction itself that it is not the legitimate mode of administering the estate ..... 205 of air):"for the purpose of the english statutes of limitation time runs from the accruer of the cause of action, but a cause of action does not accrue unless there .....

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... the present scheme the executive which is given the 'right of primacy' and the 'freedom of choice' in the matter of selection and appointment of judges to the superior judiciary, assumes the role of 'lord of lords' and indeed acts as an 'overlord' with the result that the right of making appointments even in defiance of the unanimous opinion of all the three constitutional functionaries including the cji; that during the entire process, wholly concerning ..... had been watched with bated breath and awaited with a great deal of anxiety, nothing tangible in this regard had come out but no the other hand, the bill unfortunately lapsed consequent upon the dissolution of the 9th lok sabha and there does not seem to be any ray of hope for the revival of the bill.115 ..... 522. interestingly the word 'rank' in common parlance, as also in english diction refers to a position, especially an official one, within a social organisation, of high social order or other standing ..... to re-write the constitution by the art of construction, passionately impelled by contemporary events, is unwittingly to distort the judicature scheme our founders planned with thoughtful care and to wish into words that plain english and plainer context cannot sustain ..... . in webster's encyclopedic unabridged dictionary of the english language, the meaning of consultation is given thus :consultation: ..... . even though the english judiciary secured independence, neither the crown nor the parliament was prepared to concede it to the .....

Most. Rev. P.M.A. Metropolitan and Others, Etc. Etc. Vs. Moran Mar Mar ...

Court : Supreme Court of India

Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542

..... section (1) and sub-section (2) shall apply to, - (a) any place of worship referred to in the said sub-sections which is an ancient and historical monument or an archaeological site or remains covered by the ancient monuments and archaeological sites and remains act, 1958 (24 of 1958) or any other law for the time being in force; (b) any suit, appeal or other proceeding, with respect to any matter referred to in sub-section (2), finally decided, settled or disposed of by a court, tribunal or other ..... holiness the patriarch, to collect the 'kaimuthu and other income due to the metropolitans from the churches and in case it was not sufficient to find other ways for the same and also for maintenance of the dayaras (monasteries), to effect payment of salaries to the vicars according to the capacity of the parish and pay the salary of the secretary and ..... episcopacy'. whereas 'episcopacy' is defined as under:-government of a church by bishops.new english dictionary of historical principles by sir john murray, volume iii, explains it to mean:theory of church polity which places the supreme authority in the hands of episcopal or ..... explained. it reads thus:episcopalism is defined in the new english dictionary of historical principles - by sir john murray vol.iii as theory of church polity which place the supreme authority in the hands of episcopal or pastoral ..... dispossessed. scottish law goes even further than english: delay in vindicating a claim will not only bar the remedy but actually extinguish the .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... by resolutions of both houses of parliament: provided that if any such proclamation (not being a proclamation revoking a previous proclamation) is issued at a time when the house of the people is dissolved or the dissolution of the house of the people takes place during the period of two months referred to in this clause, and if a resolution approving the proclamation has been passed by the council of states, but no resolution ..... welliams appears to echo our thought correctly the professor says, 'variability, of course, is the outstanding feature of judicial review of administrative action...an english judge has commented that (with administrative law 'in a phase of active development') the judges 'will adapt the rules...to protect the rule of law' and an ..... as far as the parliament is concerned, such acts will not include the removal of the council of ministers and the dissolution of the legislative assembly since there is no ..... 361 is the manifestation of the theory prevalent in english law that 'king can do no wrong' and ..... defined in shorter oxford english dictionary [3rd edition] ..... section 123 enacts a rule of english common law that no one shall be permitted to give evidence derived from unpublished official records relating to affairs of ..... pointed out, on a consideration of several english and indian authorities that the expressions 'is satisfied', 'is of the opinion', 'or has reasons to believe' are indicative of subjective satisfaction, though it is true the nature of the power has .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... minister), restricted though this choice is by the paramount consideration that he should command a majority in the house: (b) the dismissal of a government which has lost its majority in the house but refuses to quit office; (e) the dissolution of the house where an appeal to the country is necessitous, although in this area the head of state should avoid retting involved in politics and must be advised by his prime minister (chief minister) who ..... is only the council which can sue but if a member of the council can show that for some sufficient reasons it is not possible for the council to take action for challenging the order of dissolution, he can file an application for a writ to assert the right of the council and to redress the legal wrong or injury done to the council. ..... -clause (b) of clause (1), where the legislature of a state has prescribed any language other that the english language for use in bills introduced in or acts passed by the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the english language published under the authority of the governor of the state in the official gazette ..... of the judicial committee denied standing to the appellant in the following words:the appellant was no doubt mayor at the time of its dissolution but that does not give him any right to complain independently of the council. .....

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court : Supreme Court of India

..... minister), restricted though this choice is by the paramount consideration that he should command a majority in the house; (b) the dismissal of a government which has lost its majority in the house, but refuses to quit office; (c) the dissolution of the house where an appeal to the country is necessitous, although in this area the head of state should avoid getting involved in politics and must be advised by his prime minister (chief minister) who will eventually take ..... 200; the appointment of the chief minister under article 164; dismissal of a government which has lost confidence but refuses to quit, since the chief minister holds office during the pleasure of the governor; dissolution of the house under article 174; governor's report under article 356; governor's responsibility for certain regions under article 371-a, 371-c, 371-e, 371-h etc. ..... 200; the appointment of the chief minister under article 164; dismissal of a government which has lost confidence but refuses to quit, since the chief minister holds office during the pleasure of the governor; dissolution of the house under article 174; governor's report under article 356; governor's responsibility for certain regions under article 371-a, 371-c, 371-e, 371-h etc. ..... this, and referring to english constitutional law, which is incorporated in our constitution, it was held in paragraph 32 of the report: it is a fundamental principle of english constitutional law that ministers must accept responsibility for every executive act. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... restricted though this choice is by the paramount consideration that he should command a majority in the house; (b) the dismissal of a government which has lost its majority in the house, but refuses to quit office; (c) the dissolution of the house where an appeal to the country is necessitous, although in this area the head of state should avoid getting involved in politics and must be advised by his prime minister (chief minister) who ..... this discussion is that mandatory consultation between the president and the chief justice of india postulated in the constitution is by-passed bringing about a huge alteration in the process of appointment of judges; the 99th constitution amendment act and the njac act have reduced the consultation process to a farce a meaningful participatory consultative process no longer exists; the shared responsibility between the president and the chief justice of india in the appointment of judges is ..... above judgment would reveal, that this court had recorded its conclusions, without relying on either the english common law, or the provisions of the general clauses act, which constituted the foundation of the contentions advanced at the hands of the respondents, before ..... bill was not passed in any house of parliament due to the dissolution of the lok sabha in march 2004 and the ..... not taken up for consideration due to the dissolution of the lok sabha in ..... this court. dissolution of state assemblies and dismissal of state governments have also .....