Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... shri mishra for forcing the corporation to initiate certain schemes according to his wishes.again, the advice given by the national development council that further nationalisation of transport services should be deferred did not in anyway restrict the freedom of the state government to assist in the programme of nationalisation ..... in regard to the programme of the corporation for exclusive operation on various routes and appropriate amendment of the motor vehicles act with regard to nationalisation of passenger services in madhya pradesh. that on 14-12-1962, the departmental standing committee of the planning and development department suggested nationalisation ..... clothe the authority with the judicial power of the state. even administrative or executive authorities are often by virtue of their constitution, required to act judicially in dealing with question affecting the rights of citizens. boards of revenue, customs authorities, motor vehicles authorities, income-tax and sales-tax .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(3)MPHT471
..... for their livelihood.3. the central government issued a notification dated 18-3-2005 under sub-section (1) of section 3a of the national highways act, 1956 (for short 'the act of 1956') declaring its intention to acquire the land mentioned in the schedule thereto for the public purposes of building (widening), maintenance, ..... basic amenities like fuel services, restaurants, dormitory, trauma center, repair shops, spare parts shops and bays for parking of different categories of vehicles. he referred to section 16 of the national highways authority of india act, 1988 (for short 'the act of 1988') to show that the functions of the national highway authority of india ..... was being acquired not for the widening of the national highway but for providing fuel and service facility, restaurants, motels etc., which are commercial purposes. she vehemently argued that the acquisition of land of the appellant for such commercial purposes is ultra vires the act of 1956.7. mr. dharmendra sharma, learned .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR125; 2009(2)SLJ329(P& H)
..... relations.j.l. kapur j., described the object underlying section 123 of evidence act thus:but the sole object of this privilege ***** is that the disclosure would be injurious to national defence or to good diplomatic relations or for the proper functioning of the public service and it is necessary to keep that document or that class of documents secret ..... is universally recognised that there are two kinds of public interest which may clash. there is the public interest that harm shall not be done to the nation or the public service by disclosure of certain documents, and there is the public interest that the administration of justice shall not be frustrated by the withholding of documents which must ..... be produced if justice is to be done. there are many cases where the nature of the injury which would or might be done to the nation or the public service is of so grave a character that no other interest, public or private, can be allowed to prevail over it. with regard to such cases it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(1)BLJR140; [2006(1)JCR254(SC)]; JT2006(1)SC195; 2006(1)SCALE122; (2006)2SCC545
..... management of private schools. had the legislature of the state of bihar made an enactment nationalizing the schools like bihar non-government elementary schools 'taking over' control act, 1976 the terms and conditions for taking over of the services of the teaching and non-teaching staff could have been laid down therein so that ..... pay as it has been paying to its own teachers. in case of nationalization of schools, furthermore in terms of the provisions of the statute itself, the educational or qualification as also other qualifications for taking over the services of the teachers would be laid down. in absence of any such legislation, ..... mystery. counsel appearing on behalf of the respondents had unequivocally stated that the services of the teaching and non-teaching staff had been regularized. the expression 'regularization' has a definite connotation. regularization of services must be preceded by a legislative act or in absence of legislation, rules framed in terms of proviso appended .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC801; (2001)1CALLT41(SC); 2000(1)CTC594; JT2000(1)SC481; (2000)IIMLJ72(SC); 1999(4)SCALE477a; (2000)2SCC617; [2000]1SCR505
..... india and the ministry of civil aviation and also because it took into consideration an irrelevant consideration that air india is a public sector undertaking and a national carrier.9. what was emphasised by mr. nariman and mr. venugopal is that cial was incorporated to set up a new private international airport. at all ..... are indian organisations, operate mainly in india and has better proven adaptability for operating in indian conditions. it then recommended cambatta for undertaking the around handling services without giving any reason for its preference for cambatta. while 'king the decision the committee observed that it would be for the board of directors to ..... to have interfered as no substantial amount of public interest was involved.7. the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in r. d. shetty v. international airport authority : (1979) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... appropriate government having protection under articles 14 and 19(2), it is an instrumentality or agency of the state.(4) the state is a service corporation. it acts through its instrumentalities, agencies or persons - natural or juridical.(5) the governing power, wherever located, must be subject to the fundamental constitutional ..... every citizen to develop the scientific temper, humanism and to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement. to make these rights meaningful to workmen and meaningful right to life a reality to workmen ..... except with specialised experience.' it would appear that regional labour commissioner (central) bombay by letter dated january 20, 1972 informed the appellant that the state government is the appropriate government under the act. therefore, by proceedings dated may 22, 1973 the regional labour commissioner (central) had revoked the registration. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)SCALE148
..... of its liability under the contract and in dismissing the petition qua the said company.28. that brings us to the question whether the national commission was justified in holding that the service rendered by the carrier was deficient, and if so, whether it was right in awarding rupee equivalent of us$ 1800 by way of ..... true purport of the expression 'insurable interest'.14. halsbury's laws of england, fourth edition has, while dealing with the expression 'insurable interest' under the marine insurance act, 1906 prevalent in that country, explained the purport of the expression 'interest' in a marine adventure in the following words:a person may be said to be ..... was based on utmost good faith not only by reason of the general principles governing such contracts but also by reason of section 19 of the marine insurance act, 1963. the shipper had not, however, observed utmost good faith while obtaining the insurance cover from the respondent-insurance company inasmuch as the shipper had taken .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; [1989]Supp2SCR597
..... secure its residents from the harmful effects of discrimination and to obtain full and equal participation in the federal employment service scheme established pursuant to the wagner-peyser act and the immigration and nationality act of 1952. justice white referred to the meaning of the expression 'parens patriae'. according to black's law dictionary ..... , and against virginia apple growers, to enjoin discrimination against puerto ricans in favour of jamaican workers in violation of the wagner-peyser act, and the immigration and nationality act. the district court dismissed the action on the ground that the commonwealth lacked standing to sue, but the court of appeal for the ..... of human rights and against any incitement to such discrimination. article 8 states that everyone has the right to an effective remedy by competent national tribunal for acts violating fundamental rights guaranteed to him by the constitution or by the law. it is, therefore, necessary to bear in mind that indian .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC40; (1974)2SCC702; [1975]2SCR37; 1974(6)LC586(SC)
..... high court and has been rejected, for reasons stated, which meet with our concurrence.10. it is surprising that a nationalization scheme, calculated to provide efficient and coordinated transport services to the common people of backward areas has got bogged down on some ground or other for over a decade. ..... had received the concurrence of the state of rajasthan. although the act contemplates the framing of schemes for nationalization for the obvious benefit of the travelling public by provision of an efficient, adequate, economical and properly coordinated road transport service and affords statutory opportunity for raising objections and making representations, not ..... r. krishna iyer, j.1. these appeals stem out of a litigation which germinated from a certain nationalization scheme contemplated in chapter iva of the motor vehicles act, 1939 (act iv of 1939) (hereinafter called the act).2. more than a decade ago, the state transport undertaking of uttar pradesh (hereinafter referred to as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)AWC2358(SC); JT2009(5)SC189; 2009(3)SCALE786; (2009)4SCC684; 2009AIRSCW2509; 2009(4)KCCR2824.
..... clause (6) of the agreement and insisting upon payment of dues before executing the sale deed, did not amount to deficiency in service. but the state commission and national commission acted on wrong assumptions. further, any fora under the consumer protection act, 1986 (`act' for short) before granting any relief to a complainant, should be satisfied that the complaint relates to any of the matters ..... specified in section 2(c) of the act, and that the complainant has alleged and made out either unfair or restrictive trade practice by a trader, or defects in the goods sold, or any deficiency in a service rendered, or charging of excessive price for the goods sold, or offering of any goods .....
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