Court : Rajasthan
Decided on : Dec-15-1987
Reported in : AIR1988Raj164; 1988(1)WLN247; 1988(1)WLN663
M.C. Jain, J.1. This is a plaintiffs appeal against the judgment and decree dated 13th Dec. 1972 whereby the plaintiffs suit was dismissed with costs holding that the suit is barred by time as the period taken in litigation at Delhi cannot be excluded under Section 14 of the Limitation Act.2. I may state a few relevant facts necessary for the disposal of the present appeal.3. The plaintiff Surajbhan instituted the suit against the defendants on 13th March,1958 in the court of Senior Sub-Judge at Delhi which was registered as No. 95 of 1958. The suit was for the recovery of damages amounting to Rs. 11,880.10 Annas. Before the filing of that suit a suit for permanent injunction was filed in the court of Sub-Judge Delhi but the same was allowed to be withdrawn by the order dated 27th Dec. 1957 with the permission to bring a fresh suit on the same cause of action. According to the plaintiff the cause of action arose at Delhi in July 1956 when the agreement took place subsequently on 1st Ju...
Tag this Judgment!Court : Mumbai
Decided on : Nov-27-1987
Reported in : 1988(1)BomCR464
S.N. Khatri, J.1. This judgment disposes of L.P.A. Nos. 14 and 15 of 1983. Ishwarlal Parikh is the common appellant. Prabha who is the first respondent in both appeals is his wife. The husband has filed two petitions against her under the Hindu Marriage Act for dissolution of their marriage on the ground of adultery and cruelty. The first one was filed in January 1973, with one Ram Ahuja as the co-respondent. The second petition was filed in July 1976. Here are two co-respondents, Joshi and Malkan. The two petitions were tried separately by two Judges of the Bombay city Civil Court, Shri R.V. Joshi and the Late Shri Makhijani. Both came to be dismissed. The learned Single Judge (Mody, J.) has dismissed the two appeals preferred by the petitioner. Now he has preferred these two Letters Patent Appeals before this Court.2. It is not in dispute that the marriage of the appellant and the first Respondent (hereafter generally referred to as 'the Respondent') was solemnised according to Hindu...
Tag this Judgment!Court : Chennai
Decided on : Nov-19-1987
Reported in : (1987)2MLJ280
Ratnavel Pandian, J.1. These two appeals are preferred against the order of Mohan, J., made in W.P. Nos. 8586 and 8587 of 1987 dismissing those writ petitions which were filed challenging the validity, of the land acquisition proceedings taken out for public purpose, viz. for the creation of a new neighbourhood known as Kalaignar Karunanidhi Nagar.2. The brief facts of the case are as follows : A notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) was made on 29.8.1975, and it was published in the Gazette on 1.10.1975. The property was originally owned by one Noorudeen and Saradambal. The daughters of Noorudeen are the petitioners in W.P. Nos. 8586 and 8587 of 1987 (which were heard by the learned single Judge). On 4.3.1975, the daughters of Noorudeen entered into an agreement for sale of the property to one Sundaram. After the publication of the notification under Section 4(1) of the Act, the said Sundaram and the petitioners in the two wri...
Tag this Judgment!Court : Mumbai
Decided on : Nov-17-1987
Reported in : AIR1988Bom134; 1988(1)BomCR134
1. This petition under Art. 226 of the Constitution impugns the notification dated 22nd November, 1985, whereby the use of Anabolic Steroid with other drugs has been completely prohibited in purported exercise of the power conferred upon the Central Government by Section 26-A of the Drugs and Cosmetics Act, 1940 (Act No.. 23 of 1940), hereinafter referred to as 'the Drug Act'.2. Petitioners are a pharmaceutical company engaged in the manufacture of a variety of drugs and pharmaceutical products. One of the products manufactured by them is a drug known as 'Trinergic'. The product is brought out in two forms, viz. capsules and injections. Trinergic is a combination of Anabolic Steroid known as Methandienone and Vitamins B1, B6 and B12. M/s. Ciba Geigy of Basle, Switzerland took a decision to withdraw their Anabolic Steroid, a preparation of Methandienone being marketed under the brand name 'Dianabol' from the world market. Their Indian subsidiary informed the Director General of Health S...
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-1987
Reported in : AIR1988Kant194; ILR1987KAR3679; 1987(3)KarLJ549
Shivashankar Bhat, J. 1. In W.P. No. 23/1986, the prayer of the petitioner is to 'quash' the provisions of Karnataka Rent Control Act, 1961 ('the Act' for short) specially Ss. 29, 21(1) (a) and 31 of the Act. There is also a prayer to direct the State to enact a uniform legislation for the litigants in the State etc. There was also a prayer for striking down Act 31 of 1975 to the extent of it deleting the provisions for appeal under S. 48.2. Petitioner states that he applied for allotment of a premises under the provisions of the Act, which was opposed by the then landlord. The writ petition proceeds on the assumption that he is the tenant against whom eviction proceedings are pending on the file of the Court of 19th Addl. Small Causes, Bangalore. The writ petition is sketchy about the facts. It straightway attacks the provisions of the Act as discriminatory because, litigants in Bangalore are subjected to a discriminatory treatment in the matter of forum. The eviction proceedings in B...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Nov-09-1987
Reported in : (1988)25ITD479(Mum.)
1. This appeal by the assessee has raised several issues which are considered seriatim below. (i) Swastik Household & Industrial Products, (ii) Sarabhai Research Centre and (iii) Operation Research Group. A company, M/s. Karamchand Premchand Pvt. Ltd., transferred and assigned as a going concern on 30-6-1973 its various industrial undertakings and businesses to its wholly-owned subsidiary. While doing so, with effect from 30-6-1973, that company had transferred and assigned its industrial undertaking of Swastik Oil Mill division as a going concern to the assessee-company. With effect from the close of business of the assessee as on 28-2-1977, the assessee-company which had in the meanwhile set up two divisions, Swastik Research Centre and Operation Research Group, in 1974, transferred the industrial undertakings and businesses of Swastik Household & Industrial Products Division, business of Operation Research Group and the Sarabhai Research Centre to its subsidiary company, M/...
Tag this Judgment!Court : Mumbai
Decided on : Nov-09-1987
Reported in : 1988(1)BomCR655
P.S. Shah, J.1. The Petitioner who is a National of Thailand has filed this petition under Article 226 of the Constitution of India challenging his detention by virtue of an order dated January 28, 1987, issued under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (hereinafter called 'the Act') passed by Shri D.N. Capoor, Officer on Special Duty, who was specially empowered by the Government of Maharashtra. The order of detention shows that the Detaning Authority directed the detention of the petitioner with a view to preventing him from smuggling goods. It appears that the petitioners who was arrested in connection with the offence which forms the grounds of detention on August 22, 1986, and on the date of which the order of detention was served on him. viz. January 28, 1987, he was still in jail in connection with the said offence. He was granted bail by the Magistrate, but he did not avail of the same. Along with the order of de...
Tag this Judgment!Court : Karnataka
Decided on : Oct-31-1987
Reported in : ILR1989KAR768; 1987(3)KarLJ477
Bopanna, J.1. These appeals are directed against the common order of Rama Jois, J. in Writ Petitions 5320 of 1980 and other connected Writ Petitions disposed of on 11-4-1985. By that order the learned Judge dismissed the Writ Petitions of the Appellants/Petitioners on the ground that these are not fit cases for exercising the extraordinary jurisdiction of this Court under Article 226 of the Constitution.2. Appellants are all students who had taken their examinations in various subjects in the P.U.C. examination conducted by the Pre-University Board (hereinafter referred to as the 'Board') in the month of April, 1982. The results of the examination were announced in the month of June, 1982. Each of the appellants had failed in one or other subjects and consequently, they failed in the examination. After the results were announced, they invoked the provisions of Rule 38 of the Rules relating to Pre-University Examinations published by the State Government in Notification No. MED 119 UDC ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-20-1987
Reported in : AIR1988SC37; JT1987(4)SC129; 1988LabIC225; (1988)ILLJ263SC; 1987(2)SCALE798; (1987)4SCC691; [1988]1SCR546
E.S. Venkataramiah, J.1. The important question which arises for determination in this appeal by special leave is whether Sections 9-A, 10, 11-A, 12 and 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') are applicable to educational institutions established and administered by minorities which are protected by Clause (1) of Article 30 of the Constitution of India.2. The first respondent - Christian Medical College Vellore Association, Vellore, is an association registered under the Societies Registration Act, 1860. The object of the association is 'the establishment, maintenance and development of Christian Medical Colleges and Hospitals in India where women and men shall receive an education of the highest grade in the art and science of Medicine and Nursing or in one or other of the related professions to equip them, in the spirit of Christ, for service in the relief of suffering and the promotion of health'. Dr. Ida Shudder, a daughter of an American Med...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-19-1987
Reported in : II(1988)ACC192,AIR1989HP5
P.D. Desai, C.J.1. The prayer in these two petitions, inter alia, is that the respondents be directed to pay adequate compensation/ damages to the petitioner(s) in the respective case for the death of Laiq Ram and Rakesh Kumar, which occurred as a result of nitrous oxide having been administered to the deceased persons instead of oxygen at the time of the performance of the surgical operation upon them on Sept. 15, 1986 and Sept. 17, 1986 respectively, on account of the negligence on the part of the staff of the Indira Gandhi Hospital, Shimla. The petitions were instituted on April 13, 1987 and on April 20, 1987 affidavit(s)-in-reply were directed to be filed on or before May 7, 1987. Applications (C.M.P. No. 316 of 1987 and C.M.P. No. 317 of 1987 respectively) were moved by and on behalf of the respondents on May 8, 1987 in these cases praying that the time for filing the reply-affidavit be extended by eight weeks. Orders were passed on the said applications on May 26, 1987 in the fol...
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