Court : Karnataka
Reported in : ILR1996KAR860; 1996(3)KarLJ272
..... in view of the said provisions under the state act, the state government has competence to direct the examining authorities like the karnataka state secondary education examination board orthe university established under the karnataka state universities act, 1976 to conduct examination for students of unaffiliated institutions ..... universities act, 1976 (karnataka act 28 of 1976) and subject to such conditions as may be specified in such direction, to conduct the examinations for such students within four months from the date of issue of such directions and it shall be the duty of such board or university ..... before the appointed day fails or neglects to obtain recognition or permission under this act, the qualification in teacher education obtained pursuant to such course or training or after undertaking a course or training in such institution, shall not be treated as a valid qualification for thepurposes of employment under the central government, any state government or university, or in any school, college or other educational body aided by the central ..... (i) every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations :provided that an institution offering a course or ..... state of karnataka, ilr (1989) kant 2715, cannot stand in the way of the petitioner in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR1361; 1995(2)KarLJ28
..... matter, carcasses or any other obnoxious substance in his premises or neighbourhood;(iii) forcibly removes clothes from the person of a member of a scheduled caste or a scheduled tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;(iv) wrongfully occupies or cultivates any land owned by or allotted to, or notified by any competent authority to be allotted to, a member of a scheduled caste or a scheduled tribe or gets the land allotted to him ..... 216 of the code of criminal procedure, 1973 ('the code' for short), on the ground that the special court had only the power and jurisdiction to try the offences punishable under the act that without a valid order of commitment, the special court could not have taken cognizance of the offences punishable under sections 312 and 376 of the indian penal code and that therefore ..... powers conferred by section 14 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (central act 33 of 1989) the government of karnataka, with the concurrence of the chief justice of high court of karnataka, hereby specify the courts of session specified in column (2) of the table below, to be special courts for the district specified in the corresponding entries in column (3) thereof, to try the offences under the said act ..... possible to enunciate any comprehensive formula of universal applicability for the purpose of determining whether two or more acts constitute the same transaction .....
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT367; 2008(103)DRJ369
..... in view of the findings given above, it is held that the petitioner is entitled to exemption from payment of municipal taxes in view of section 184 of 1989 act, but only in respect of assets/properties which have been defined as railway in section 2(31) and not in respect of other assets/properties. ..... the assessment order now passed by the assessor and collector on 30th march, 2005, in paragraph 3 refers to section 184 of the 1989 act, but the entire order is silent and does not specifically deal with the said section. ..... /2002, which was allowed vide order dated 4th april, 2002 with the direction to the assessing authority to decide the question whether the petitioner is liable to pay tax in view of section 184 of the railways act, 1989 (hereinafter referred to as the 1989 act, for short). ..... as already held above, the expression 'railway administration' has not been defined in section 2(32) of 1989 act but the said definition merely stipulates the person who will be regarded as an administrator of the railway in question. ..... it was pointed out by the counsel for the petitioner that under section 184 of the 1989, act, exemption or immunity has been granted to 'railway administrator' from payment of taxes to local authorities. ..... the next question, which arises for consideration is whether the petitioner is in fact a 'railway', which is a pre-condition for section 184 of the 1989 act to apply and, thereforee, can be regarded as 'railway' within the expression 'railway administration'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD763; 1999(6)ALT381
..... exercising the power of judicial review one cannot be permitted to rewrite the constitution once sufficient bar has been provided by the constitution itself that the governor shall not be answerable to any court for his acts done or supposed to have been done in the discharge of his constitutional functions by any stretch of interpretative law by importing implications and giving credence to the other section of the constitution, giving a precedent meaning ..... governors and raj pramukhs :--(1) the president or the governor or raj pramukh of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties : provided that the conduct of the president may be brought under review by any court, tribunal or body appointed or ..... that in the said cases either theact of the governor acting as chancellor, having been appointed as such under the universities act. ..... a legislation like universities act may confer a function on the governor which is de ..... , his excellency, the governor of andhra pradesh, the first respondent herein to forthwith grant permission to prosecute the second respondent herein for offences under the prevention of corruption act, as detailed in the representation dated 5-6-1999 made to his excellency the governor of andhra pradesh or pass such order or orders as are deemed fit and proper in the ..... : (1989)iillj324sc , .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1990All188; (1990)2UPLBEC1110
..... state universities act, ..... the very locus standi of rachpal singh to be on the kshettra samiti, reference section 6 of the act, is that he must be an elector on the assembly rolls of the area of the khand within the sphere of which the kshettra samiti is to ..... again, in reference to universities or educational institutions affiliated to it a suit itself against the state government or certain officers of the state, or the university, its officers or authority, is in any case barred under the ..... (9) a dispute was raised in an election petition under section 14(2) of the act that rachpal singh was not even eligible to be a member of the kshettra samiti, bazpur vikas khand, ..... to probe every nook and corner of the issues before him to see that rachpal singh's fraud has not tampered the result of the election and if it has, remedy the situation under the act and the rules, and in accordance with law. ..... present case, rachpal singh's entry into the kshettra samiti, is an act of fraud, not even resisted before this court. ..... now, referring back to sub-section (1 a) of section 7 of the act, it is clear that the kshettra samiti may be functioning, what-ever may be the reason, without a member representing co-operative societies as under sub-clause (iii) of section 6(i) or even without co-opted members referred to under ..... is to the first proviso to section 6 of the act, immediately following the extract of the section quoted above. ..... it is dated 17th november, 1989 and annexure 'iv' to the counter .....
Tag this Judgment!Court : Rajasthan
Reported in : 1999CriLJ3552; 1999(2)WLC543; 1999(1)WLN344
..... raj) 613 (supra) the learned single judge took the view that as there was no express provision for the special court or the sessions judge exclusively to take cognizance of the offences under the sc/st act, the power of the magistrate to take cognizance under section 190 was not excluded and the sessions court though was exclusively entitled to try the sessions cases was not empowered to take cognizance unless ..... by the supreme court s in that case after going through the meaning of the word 'trial' in several dictionaries that the : words 'tried' and 'trial' appeared to have no fixed or universal meaning though in certain provisions in the code they have been used in the sense of reference to a stage after the inquiry. ..... to a scheduled caste, filed a complaint against the petitioners bhura ram, aaidan, asha ram and chaina ram alleging commission of offences under section 3 (i) (iv) (v) (ix) (x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (hereinafter called for the sake of brevity and convenience as the sc/st act) before the additional chief judicial magistrate, phalodi. ..... the intention of the legislature is clearly to ensure that a court of the level of a 'court of session' only is empowered to deal with the offences under the sc/st act triable otherwise by a court of session or not cutting short the delay involved in the judicial trials in the normal course and to provide speedy, effective and qualitative justice to the victims of the social .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALT461
..... a learned, single judge of this court against the 1st respondent for having lodged a complaint against the learned judge concerned under section 3 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (for short 'the 1989 act'), for giving a complaint on 28-4-1999, to the hon'ble the chief justice in respect of proceedings in the court and for issuing a notice to the learned judge under section 16 of the contempt ..... the complaint preferred by the 1st respondent against the learned judge of this court in the charminar ps seeking initiation of action under the provisions of the 1989 act was clearly calculated to overawe the learned judge and this court in respect of writ petitions filed by the said respondent and in which he was ..... bar council of the state to look into the matter and see whether in terms of the advocates act and rules made thereunder a practising advocate can at the same time take up the profession of ..... . (prevention of atrocities) act, 1989.i submit that the accused does not enjoy any immunity as he committed the crime with an ..... that-'every news item containing contemptuous news cannot be brought within the parameters of section 2(c) of contempt of courts act and the newspaper, the editor and the reporter could not be punished for the same ..... the charminar police station on friday seeking to prosecute justice swamy under scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 ..... held to be universally paramount over other .....
Tag this Judgment!Court : Gujarat
Reported in : 1992CriLJ1994
..... seriousness of the dowry death and need for immediate arrest of the accused persons; and (iv) the legislature may as well consider incorporating some provisions in the dowry prohibition act akin to section 4 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 providing for the punishment for neglect of duties in order to make the concerned investigating officer liable for the prosecution and punishment for the same.8-2. ..... , baroda, jamnagar and surat confirm that not all such deaths are reported to the government and, sure enough, government records confirm only 10,000 deaths between january 1989 and april 30, 1991 though they do confirm that at least 4,500 women die of burns every year in the state. ..... that to ensure the effective implementation of the dowry act, the state government may also take some measures by framing rules on the line of section 21(1)(i)(iv)(v) and (vi) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. ..... india' dated 3rd august, 1991, wherein the learned author shri gautam mehta has vividly picturised the burning problem of the atrocities on women by setting forth the statistics for the year 1989, 1990 and up to 31st july 1991 in his informative article under the title 'trial by fire'. ..... the state cid (crime branch) as many as 2,596 women committed suicide by self-immolation between january 1989 and april 1991, and that 5,540 women succumbed to accidental bums. ..... university, baroda, and got married .....
Tag this Judgment!Court : Jharkhand
Reported in : 2004CriLJ1842
..... 879 of 2003) registered under sections 147, 341, 323, 447, 504 of the indian penal code as well as section 3(1)(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 against the petitioner and others on the written information lodged by one ganesh ravi das.2. ..... in order to appreciate the submission of the learned counsel for the petitioner, it is relevant to quote section 3(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 which reads thus.3. ..... it was next contended that section 3(x) of the scheduled castes and scheduled tribes (prevention of atrocities) act is not attracted nor any case under the aforesaid provision is made out, from the contents of the f.i.r. ..... in the case of kurukshetra university v. ..... therefore, in my view certainly offence of section 3(x) of the said act is prima facie made out against the petitioner and other accused persons.14. ..... therefore, section 3(x) of the scheduled castes and the scheduled tribes (prevention of atrocities) act is not attracted. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]120CompCas648(Bom); (2004)2CompLJ317(Bom); [2004]53SCL158(Bom)
..... -section shall debar the liquidator from parting with such assets or properties in compliance with any order of a court or for the purpose of the payment of the tax payable by the company under this act or for making any payment to secured creditors whose debts are entitled under law to priority of payment over debts due to government on the date of liquidation or for meeting such costs and expenses of ..... or piece work and salary earned wholly or in part by way of commission of any workman, in respect of services rendered to the company and any compensation payable to any workman under any of the provisions of the industrial disputes act, 1947 (14 of 1947) ;(ii) all accrued holiday remuneration becoming payable to any workman, or in the case of his death to any other person in his right, on the termination of his employment before, or by the effect ..... maharashtra is concerned, the applicant in the respective applications, it has claimed recovery of its dues arising under the provisions of the bombay sales tax act, the central sales tax act and the maharashtra state tax on works contract act, 1989. ..... provisions of the maharashtra sales tax on the transfer of property in goods involved in the execution of works contracts (re-enacted) act, 1989, to find out as to what is the efficacy of the outstanding amount due and payable under the provisions of the said act. ..... from the company in liquidation under the provisions of the maharashtra sales tax on works contract act, 1989, is claimed. .....
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