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D.R. Shivappa Gowda Vs. Zilla Parishad, Chief Secretary

Court : Karnataka

Reported in : ILR1988KAR509

..... v. pye, (1861) 10 c.b. ns 179 at p. 191 in the following words :'those whose duty it is to administer the law very properly guard against giving to an act of parliament a retrospective operation, unless the intention of the legislature that it should be so construed is expressed in clear, plain and unambiguous language; because it ..... up as candidates and matters connected therewith. how the disqualification should operate is provided under section 3 of the act excerpted in the earlier part of this order. the fact that there had been defections both at the national level and the state level from one political party to another in this country is a matter of common ..... the initial non-compliance with its provisions. in other words, if an act is passed without obtaining the previous assent of the president, it does not become void by reason of the said infirmity; it may be said to be unenforceable until the assent is secured assuming that such a law is otherwise valid, its validity cannot be .....

Eppala China Venkateswarlu and ors. Vs. Secretary to Government, Socia ...

Court : Andhra Pradesh

Reported in : 2006(5)ALD409

..... and legal provisions.9. on 26th day of january, 1950, the people of this country resolved to constitute india into a sovereign democratic republic and to secure to all its citizens:justice, social, economic and political;liberty of thought, expression, belief, faith and worship;equality of status and opportunity; and to promote ..... among them allfraternity assuring the dignity of the individual and the unity of the nation.10. by constitution (forty-second amendment) act, 1976, the words 'sovereign, socialist, democratic republic' were substituted for the words 'sovereign democratic republic' and the words 'unity and integrity of ..... any election dispute though not hit by the bar of article 329(b) but brought to it during the pendency of election proceedings. the court must guard against any attempt at retarding, interrupting, protracting or stalling of the election proceedings. care has to be taken to see that there is no attempt .....

Dr. T. Patanjali Sastry, President, Environment Centre Vs. Chairman, A ...

Court : Andhra Pradesh

Reported in : 2001(5)ALT315

..... prohibition of hunting of wild animals as specified in schedules i, ii, iii and iv appended to the act except as provided under sections 11 and 12.64. chapter iv of the act deals with sanctuaries and national parks. section 18 thereof deals with declaration of sanctuary by a preliminary notification with defined margins where the ..... areas, which were once teeming with wild life, have become devoid of it and even in sanctuaries and national parks the protection afforded to wild life needs to be improved. the wild birds and animals protection act, 1912 (act 8 of 1912) has become completely outmoded. the existing state laws are not only out-dated but ..... validity of final notification issued by the state under section 26-a of the wild life (protection) act, 1972 declaring kolleru lake as 'wild life sanctuary' arise for consideration in these writ applications.9. protection of lakes of national importance from pollution, ecology, encroachment, etc., should be the primary concern of the state. in .....

Bondu Ramaswamy Vs. Bangalore Development Authority and ors.

Court : Supreme Court of India

..... to draw attention to the plight of farmers affected by frequent acquisitions for urban development.85. there are several avenues for providing rehabilitation and economic security to landlosers. they can be by way of offering employment, allotment of alternative lands, providing housing or house plots, providing safe investment opportunities for ..... directing repetition thereof, by applying the principle of equality. article 14 guarantees equality before law and not equality in subverting law nor equality in securing illegal benefits. but courts cannot be silent bystanders if acquisition process is used by officers of the authority with ulterior or malafide motives. for example ..... -friendly.87.1 in acquisitions of the first kind (for benefit of general public or in national interest) the question of providing any benefit other than what is presently provided in the land acquisition act, 1894 may not be feasible. the state should however ensure that the landloser gets reasonable compensation .....

K. Veera Chary S/o Kistaiah Vs. the Hon'ble High Court of Andhra Prade ...

Court : Andhra Pradesh

Reported in : 2008(5)ALD372; 2008(5)ALT115

..... exercise leading to termination of contract of service which results in dismissal or removal. as bureaucracy and other public servants play important role in democracy, security of tenure becomes an important and inseparable facet of public service. a public servant has status though his conditions of service are impliedly governed by contract ..... judges' association-ii. the compulsory retirement of judicial officer at the age of fifty years or fifty five years is in accordance with the recommendation of first national judicial pay commission (hereafter referred to as justice shetty commission) as well as observations of supreme court in nawal singh v. state of u.p. : ..... are grouped together from others. the latter requires the state to substantiate that differentia has rational relation to the object sought to be achieved by the act.parent act inter alia applies to all persons appointed to public services and posts in connection with the affairs of the state (sub-section (2) of section .....

Vedire Venkata Reddy and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR2005AP155; 2005(1)ALD325

..... commission and their acceptance for planning commission for the purpose of inclusion in the state's development plans. it was resolved in the discussion in national conference organized by the irrigation and water resources ministry held in july, 1986 that the guidelines indicating the procedure for submission, appraisal and clearance ..... have been relaxed e.g., to provide easy access to justice to weaker section of the community and to combat exploitation and injustice and to secure to the under-privileged segments of society their social and economical entitlement. such procedural technicalities are also relaxed in petitions filed to redress public injury ..... holding that action of the state government in implementation of the project without obtaining environmental clearance as envisaged under the provisions of the environment (protection) act, 1986, the rules framed thereunder and the notification, is illegal and arbitrary, it is not permissible for the state government to proceed ahead with .....

Bank of India and ors. Vs. O.P. Swaranakar Etc.

Court : Supreme Court of India

Reported in : AIR2003SC858; 2003(3)ALLMR(SC)356; 2003(1)AWC798(SC); JT2002(10)SC436; (2003)ILLJ819SC; (2003)2SCC721; [2002]SUPP5SCR438; 2003(1)LC225(SC); (2003)1UPLBEC594

..... of service are governed by the constitutional provisions and/or the statutes and the statutory rules: but there is no gainsaying that the employees of the nationalized banks enjoy security of their employment. so far as the employees of the state bank of india are concerned their terms and conditions of service, as noticed hereinbefore, ..... concerned employee had an absolute right to withdraw the same before a concluded contract is arrived at. clause 10.5 of the punjab national bank vrs is, thus, ultra vires section 5 of the contract act.26. strong reliance, in this connection, has been placed on rajendra kumar verma v. state of madhya pradesh and ors. : ..... 37. pursuant to or in furtherance of the power conferred upon the 'bank' under clause (f) of sub-section (2) of section 19 of 1970 act, the punjab national bank (employees') pension regulation, 1995 was framed; the relevant provisions being regulations 28 and 29 thereof read thus:-'28. superannuation pension superannuation pension shall be .....

Ahmedabad Municipal Corporation Vs. Vijay Owners Association

Court : Gujarat

Reported in : (2000)3GLR2505

..... there is, therefore, all the more reason that the court should not unwillingly become a part of a design of taking unfair advantage by securing ad-interim orders notwithstanding that there may have been clear violation or non-compliance with the substantive provisions of the law by the plaintiff. passing ..... act which was served to the plaintiff on 8.11.93, calling upon the plaintiff to stop the unauthorised construction. police inspector of navrangpura police station was also requested in this behalf. despite the prohibitory order served on the plaintiff, the plaintiff continued illegal activities of unauthorised construction. it is in view of this that the corporation was constrained to post security guards ..... averred that the plaintiff was willing to give further explanation and he was willing to give security deposit in the sum of rs. 2.00 lacs or was willing to offer bank guarantee of a nationalized bank; however, the corporation has not accepted the same and has taken the decision .....

D. Sesharani and Ors. Vs. Managing Director, A.P. Women's Co-op. Finan ...

Court : Andhra Pradesh

Reported in : 2001(2)ALT607

..... to adopt a positive approach coupled with an empathy for the person. as has been repeatedly stressed by this court, security of tenure is necessary for an employee to give his best to the job. in this behalf, we do commend ..... o. chinnappa reddy and a. varadarajan, jj. (as they then were) in different judgments concurrently held that public employment was a national wealth.90. in gujarath electricity board, ukai v. hind mazdoor sabha, : (1995)iillj790sc their lordships of the supreme court upholding ..... are in existence, the corporation was registered as a cooperative society under the provisions of a.p. co-operative societies act (act 7 of 1964) in the year i.e., about 25 years back, with a laudable objective of undertaking economic upliftment ..... which includes power to amend the law. courts in their concern and endeavour to preserve judicial power equally must be guarded to maintain the delicate balance devised by the constitution between the three sovereign functionaries. in order that rule of .....

State of Haryana and Others Etc. Etc. Vs. Piara Singh and Others Etc. ...

Court : Supreme Court of India

Reported in : AIR1992SC2130; JT1992(5)SC179; (1993)IILLJ937SC; (1992)102PLR547; 1992(2)SCALE384; (1992)4SCC118; [1992]3SCR826; 1992(3)SLJ34(SC); 1992(2)LC692(SC); (1992)2UPLBEC1353

..... while doing so, the authorities ought to adopt a positive approach coupled with an empathy for the person. as has been repeatedly stressed by this court, security of tenure is necessary for an employee to give his best to the job. in this behalf, we do commend the orders of the government of haryana ..... living within a welfare society.11. the second case (jacob) arose from kerala. upon the establishment of kerala water authority under kerala water supply and sewerage act, 1986, all the functions of public health engineering department were also transferred to the authority. all the employees of the said department were transferred to the authority ..... principle was also held applicable to other categories of employees like daily wagers, casual labour and others, who were 'workmen' as defined in the industrial disputes act. the court further opined that inasmuch as the state of haryana was prescribing one year's service for regularisation (in its orders) the punjab government cannot prescribe .....