Court : Mumbai
Reported in : 1996(5)BomCR228
..... claimant herein for the purpose of university campus. the land acquisition officer, who held an inquiry, after issuance of notification, awarded a sum of rs. 2/- per sq. metre for a land which was level, ..... 2. we will advert to the facts briefly relevant in the matter :by notification dated 23-9-1972, issued under the provisions of section 4(1) of the said act and published in the official gazette on 12-10-1972, the acquisition authority proposed to acquire a chunk of land admeasuring 13,01,903 sq. metres, belonging to the ..... m.s. rane, j.1. this appeal has been filed by the original claimant under section 54 of the land acquisition act, 1894 (hereinafter referred to as 'the said act' for brevity sake), wherein the appellant has challenged the judgment dated 28-6-1988, passed by the addl. district judge, south goa, at margao in land reference case no .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(2)BomCR650
..... already undergone by him in imprisonment. the accused was, however, acquitted of the charges under section 8(c) read with sections 21 and 29 of the n.d.p.s. act, 1985.3. mr. ghare, the learned counsel appearing on behalf of the appellant, contended that the conviction and sentence passed by the trial court is liable to be set aside as ..... trial court by its judgment dated june 13, 1994 convicted the accused for the offences punishable under section 8(c) read with section 21 of the n.d.p.s. act, 1985 and sentenced him to undergo rigorous imprisonment for a period of ten years and also to pay a fine of rs. 1,00,000/- in default of which the accused ..... facts accused was prosecuted for commission of offence under sections 8(c) read with section 21 of the n.d.p.s. act, 1985 and also under sections 8(c) read with 21 and 29 of the n.d.p.s. act, 1985. the accused was also charged for commission of offence of conspiracy with accused no. 2, who subsequently absconded. it was contended .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(6)BomCR182; (2005)ILLJ322Bom
..... in error in making the implementation of its directions conditional upon such orders as may be passed by the bifr under the sick industrial companies (special provisions) act, 1985, thereby effectively and indefinitely prolonging the payment of earned wages of the workmen. in the petition which has been filed on behalf of the employer, the order ..... in several judgments of this court the payment of earned wages is not subject to the embargo of section 22 of the sick industrial companies (special provisions) act, 1985. moreover it is submitted that while the financial difficulties of a company or even financial inability is no defence to a complaint under item 9 of schedule ..... . in view of the settled position in law there can be no gainsaying the fact that the provisions of section 22 of the sick industrial companies (special provisions) act, 1985 are no bar whatsoever to the payment of the earned wages of the workmen. in baburao p. tawade v. hes limited bombay : (1997)iiillj265bom mr. justice .....
Tag this Judgment!Court : Mumbai
Reported in : (2007)109BOMLR2744; 2008CriLJ1131
..... 15 of 2003. by the impugned judgment, appellant herein is convicted for offence punishable under section 20(i)(b) of the narcotic drugs and psychotropic substances act, 1985 (for short, 'the n.d.p.s. act' ) and is sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of rs. 1 (one) lac in default to suffer ..... leaves, seeds and stalks. the report shows that the samples were of 'ganja', which fall within definition provided by section 2(iii)(b) of the n.d.p.s. act. 11. in 'madhukar s/o pandurang kanthale v. the state of maharashtra' (supra), the question for consideration was whether 'bhang' is a narcotic drug or psychotropic substance. ..... of chemical analyser, aurangabad. consequent upon completion of investigation, the appellant was chargesheeted for commission of offence punishable under section 20(1)(b) of the n.d.p.s.act. 3. a charge was framed at exh.6. the appellant entered plea of not guilty. his defence is one of simple denial. he asserted that false charge is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774
..... ado. the continuation orders would be nullities too, because you cannot continue a nullity.28. the supreme court in the case of dhurandhara prasad singh v. jai prakash university and ors. : [2001]3scr1129 had an occasion to consider these expression. it held that the expressions 'void and voidable' have been subject-matter of consideration on ..... jurisdiction erroneously. that makes the list voidable and not void. it remains good until it is set aside.26. in the case of inre mec. (a. minor), 1985) 1 ac 528, the house of lords followed the dictum of lord coke in the marshalsea case quoting a passage rendered in (1613), 10 co rep 68b at ..... innumerable occasions by courts. the expression 'void' has several facets. one type of void acts, transactions, decrees are those which are wholly without jurisdiction, abinitio void and for avoiding the same no declaration is necessary, law does not take any notice of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP25
..... the respondent did not file any such petition objecting to the amount of compensation after the appellant made the award on 22-12-1958.(3) section 18 of the act is in the following terms:18(1) 'any person interested who has not accepted the award may, by written application to the collector, require that the matter ..... the learned government pleader on behalf of the appellant at the hearing is that the reference was incompetent as there was no application made under section 18 of the act by the respondent, kodandaramacharlu, and therefore the lower court ought to have declined to interfere with the award made by the appellant. (2) the facts necessary to ..... principle thus :'wherever jurisdiction is given to a court by an act of parliament, or by regulation in india (which has the same effect as an act of parliament), and such jurisdiction is only given upon certain specified terms contained in the regulation itself, it is a universal principle that these terms must be complied with, in order to .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3307
..... all the three petitioners were granted ad hoc appointment as lecturers by the committee of management of the college on 10.8.1984/25.6.1985, 25.6.1985 and 10.8.1984/ 26.6.1985 respectively. r.i.g.s. approved the appointment of all the three petitioners by orders dated 15.11.1984 ; 3.2.1986 and 13 ..... two writ petitions which was allowed it was prayed that respondents be commanded to consider the case of the petitioners for regularisation under section 33a of the commission act and for granting selection grade. through amendment it has been stated that the committee of management resolved to grant selection grade to the petitioners which was approved by ..... view of the above, i hold that the petitioners are entitled to be considered for regularisation and consequential benefits, if regularised, in accordance with the relevant provisions of commission act, as amended from time to time. salary already deducted in pursuance of order of d.i.o.s.. dated 26.7.2002, shall not be refundable to the .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)ALT(Cri)17; 2004CriLJ3555
..... sessions judge, ghazipur in s. t. no. 11 of 1996 whereby he convicted the accused under section 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act) and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine o f rs. one lac. he was also directed ..... best known to it.19. in view of the aforesaid discussion and scrutiny of the evidence on record and non-compliance of the provisions of section 50 of the act. i hold that the learned trial judge was not justified in convicting the appellant. the prosecution could not bring home the charge against the appellant beyond reasonable doubt. ..... the prosecution and considering the arguments also advanced on behalf of the parties learned judge found the accused guilty for the offence punish able under section 21 of the act and convicted and sentenced him, as indicated above.10. aggrieved by his conviction and sentence, the accused has come up in the appeal.11. i have heard .....
Tag this Judgment!Court : Allahabad
Reported in : [2004(102)FLR298]; (2004)3UPLBEC2391
..... was transferred from bulandshahar to churchandpur and sri bhagwan singh was transferred from bulandshahar to gotakha. the aforesaid transferees filed separate original applications under section 19 of the administrative tribunals act, 1985, challenging their transfers on various grounds.7. the tribunal vide the impugned order being of the view that there was no reason why these transferees could not be accommodated within ..... counsel for the contesting respondents, had been given in the counter affidavit filed by the present petitioner in opposition to the application filed under section 19 of the administrative tribunals act, 1985. in the aforesaid view of the matter, the ratio of the decision of the apex court in the case of union of india (supra) stood squarely attracted and no justifiable .....
Tag this Judgment!Court : Allahabad
Reported in : [2004(101)FLR331]
..... shall be deemed to be substantive teacher in c.t. grade appointed by operation of law on date of commencement of u. p. act no. 19 of 1985. section 33a was added in the u. p. act no. 19 of 1985. for ready reference the same is extracted below :'33a. regularisation of certain appointments.--(1) every teacher directly appointed before the commencement of the ..... on the date ofpromotion. as the petitioner, who wasdeemed to be substantively appointedc.t. grade teacher under u. p. act no.19 of 1985, his promotion to the postof l.t. grade teacher was rightly madein accordance with law. the districtinspector of schools acted illegally inrefusing to accord financial approvalon the vacant post for not havingcompleted 5 years substantiveservice. from record, it transpires .....
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