Judgment Search Results Home > Cases Phrase: pondicherry university act 1985 section 9 visitor Sorted by: recent Court: supreme court of india Year: 2011 Page 1 of about 90 results (0.093 seconds)

Girnar Traders and Digambar Motiram Jhadhav. Vs. State of Maharashtra ...

Court : Supreme Court of India

..... the subsequent benches have not taken into consideration the impact of the judgment of the constitution bench of this court in b. shama rao v. union territory of pondicherry [(1967) 2 scr 650]. a pertinent constitutional aspect that ought to have been brought to the notice of different benches was that the federal structure of the constitution ..... for the court to hold that such a statute is a self-contained code.it may not be possible to state parameters of universal application which could determine with precision as to whether an act is a self-contained code or not. it is difficult and, in fact, may not even be permissible to formulate any hard ..... had come into force which controlled governance of the country and therefore the principles, inter alia, stated by the privy council could not be adopted as law of universal application without appropriately modifying the stated position of law to bring it in complete harmony with the constitutional mandate. in the case of gauri shankar gaur v. .....

State of Punjab Vs. Davinder Pal Singh Bhullar and ors.

Court : Supreme Court of India

Reported in : 2012(1)KLT10; AIR2012SCW207; AIR2012SC364; 2012CriLJ1001

..... the same court exercising authority can, in relation to the same subject matter, invoke its writ jurisdiction as well. nevertheless, the inherent powers are not to provide universal remedies. the power cannot be and should not be used to belittle its own existence. one cannot concede anarchy to an inherent power for that was never the ..... to establish that it was not at fault. (vide: chitawan & ors. v. mahboob ilahi, 1970 crl.l.j. 378; deepak thanwardas balwani v. state of maharashtra & anr., 1985 crl.l.j. 23; habu v. state of rajasthan, air 1987 raj. 83 (f.b.); swarth mahto & anr. v. dharmdeo narain singh, air 1972 sc 1300; makkapati nagaswara ..... cannot be exercised assuming that the statute conferred an unfettered and arbitrary jurisdiction, nor can the high court act at its whim or caprice. the statutory power has to be exercised sparingly with circumspection and in the rarest of rare cases. (vide: kurukshetra university & anr. v. state of haryana & anr., air 1977 sc 2229; and state of w.b. .....

State of Rajasthan Vs. Shera Ram at Vishnu Dutta

Court : Supreme Court of India

Reported in : 2012(1)SCC602; 2012(1)KLT38(SN); 2012(1)SCC(Cri)406; AIR2012SC1; 2012(3)SCJ240

..... it will always depend on the facts of each case. thus, in such cases, it may neither be permissible nor possible to state any absolute principle of law universally applicable to all such cases. 36. in view of our discussion above, we find no error in the judgment under appeal. thus, we have no hesitation in ..... based on erroneous views and against the settled position of law then the said order of acquittal should be set aside. {see state (delhi administration) v. laxman kumar & ors. [(1985) 4 scc 476], raj kishore jha v. state of bihar & ors. [air 2003 sc 4664],inspector of police, tamil nadu v. john david [jt 2011 (5) sc ..... , post-epileptic and masked or psychic phases (psychomotor epilepsy) post-epileptic mental ill-health - in this condition, stupor following the epileptic fits is replaced by automatic acts of which the patient has no recollections. the patient is confused, fails to recognize his own relatives, and wanders aimlessly. he is terrified by visual and auditory hallucinations .....

Union Public Ser.Commn. Vs. Gyan Prakash Srivastava

Court : Supreme Court of India

Reported in : 2012(1)SCC537; 2012(1)KLT56(SN); AIR2012SCW1; 2012(1)LLN675; 2012(3)SCJ457

..... been awarded a degree in law by a recognized university, which is an essential qualification for the post of legal advisor. 5. the respondent challenged the decision of the commission in an application filed under section 19 of the administrative tribunals act, 1985 by asserting that even though he possesses the ..... prescribed qualification and produced the relevant documents, the commission arbitrarily rejected his candidature. in the counter affidavit filed on behalf of the commission, it was averred that the respondent's application was rejected because he had not annexed any document to show that he had secured degree in law from a recognized university ..... degree after 12.3.1967, then he must have undergone a three years course of study in law from any university in india which is recognized for the purposes of the act by the bar council of india. 15. since the respondent had attached with his application the certificate issued by .....

Ketan V Parekh Vs. Special Director,dir.of Enforcement

Court : Supreme Court of India

Reported in : 2012(1)KLT15(SN); 2012(1)LW705; 2012(3)MLJ141; AIR2012SCW822; 2012(3)SCJ314

..... 15. in consolidated engineering enterprises v. principal secretary, irrigation department and others (supra), a three-judge bench again considered section 34(3) of the arbitration and conciliation act, 1996. j.m. panchal, j., speaking for himself and balakrishnan, c.j., referred to the relevant provisions and observed: ....when any special statute prescribes certain ..... high court whereby the applications filed by the appellants for condonation of delay in filing appeals under section 35 of the foreign exchange management act, 1999 (for short, `the act') were dismissed along with the appeals filed against order dated 2.8.2007 passed by the appellate tribunal for foreign exchange (for short, ..... is pari materia to section 19(1) of the act, referred to the judgments in siliguri municipality v. amalendu das (1984) 2 scc 436, samarias trading co. (p) ltd. v. s. samuel(1984) 4 scc 666, commissioner of central excise v. dunlop india ltd. (1985) 1 scc 260 and observed: two significant expressions .....

Mcgowan (Procurator Fiscal, Edinburgh) (Appellant) Vs. B (Respondent) ...

Court : UK Supreme Court

..... by minimum safeguards commensurate to its importance. 35. in paskal v ukraine (application no 24652/04) (unreported) given 15 september 2011 the applicant, who had a university degree in law and at the material time was serving as a police officer, was arrested on suspicion of having taken part in a robbery. he signed a ..... be attended by "minimum safeguards commensurate to its importance" which first made its appearance in salduz, para 59. 41. in oregon v elstad 470 us 298 (1985) the respondent argued that he was unable to give a fully informed waiver of his rights because he was unaware that his unwarned prior statement could not be ..... to and during interview. the guidelines provided that individuals who attended voluntarily for interview by police, or were detained under section 14 of the criminal procedure (scotland) act 1995 for that purpose, or were interviewed by police between arrest and charge should first be offered (a) a private consultation with a solicitor prior to interview; .....

Shiv Shankar Singh Vs. State of Bihar and anr.

Court : Supreme Court of India

Reported in : 2012(1)KLT7(SN); 2012(1)SCC130; 2012(1)SCC(Cri)513; 2012(2)SCJ291; 2012(2)MLJ(Crl)383; (2012)1SCC130

..... case are completely distinguishable. therefore, the ratio of the said judgment has no application in the facts of this case.9. in bhagwant singh v. commissioner of police & anr., air 1985 sc 1285, this court dealt with an issue elaborately entertaining the writ petition and accepting the submission in regard to acceptance of the final report to the extent that if ..... record that the learned judicial magistrate has not conducted himself in a fair manner because he has intentionally left the impugned order vague as to which protest petition he was acting upon, so that advantage may accrue to opposite party no.2.17. in our opinion, there was no occasion for the high court to make such sweeping remarks against the .....

Berrisford (Fc) (Appellant) Vs. Mexfield Housing Co-operative Limited ...

Court : UK Supreme Court

..... status that a similar body has in scotland. it is a fully mutual housing association within the meaning of section 1(2) of the housing associations act 1985 and section 5(2) of the housing act 1985. it cannot create an assured tenancy in england: section 1(2) of and paragraph 12(1)(d) of schedule 1 to the housing ..... that the observations of lord greene, although they are strongly expressed views of a highly reputable judge, can withstand principled analysis. as lord templeman made clear in street [1985] ac 809, while the parties' rights and obligations are primarily determined by what they have agreed, the legal characterisation of those rights is ultimately a matter of law. ..... act 1988. nor can it create a secure tenancy there, because it is registered under the industrial and provident societies act 1965. a housing association is not a .....

E.P.F.Commissioner Vs. O.L.of Esskay Pharmaceuticals Ltd.

Court : Supreme Court of India

..... declared first charge on the assets of the establishment and became payable in priority to all other debts. however, while inserting section 529a in the companies act by act no.35 of 1985 parliament, in its wisdom, did not declare the workmen's dues (this expression includes various dues including provident fund) as first charge. the effect of ..... (emphasis supplied) 35. we have referred to these judgments only for the purpose of showing that the object of the amendments made in the companies act by act no. 35 of 1985 was to ensure that the legitimate dues of workers should rank pari passu with those of secured creditors. in other words, these amendments are intended to ..... . thereafter, the high court's commissioner for taking accounts was directed to sell certain movables of the company. in the meantime, the companies act was amended by act no.35 of 1985 and sections 529 and 530 were amended and section 529a was inserted. it was argued on behalf of the appellant that the amendment was not .....

Prithipal Singh Etc. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : 2011(4)KLT129(SN); 2012(1)SCC10; 2012(1)SCC(Cr)1; AIR2012SCW594; AIR2012SC1594

..... in his statement recorded by the cbi under section 161 cr.p.c. revealed that he had been detained in a case under the narcotic drugs and psychotropic substances act, 1985 (hereinafter called `ndps act') on 4.9.1995 by the police officials of police station jhabal. shri jaswant singh khalra was also brought to the said police station on 6.9.1995 and ..... rushing through kabir park with the deceased jaswant singh khalra inside a maruti van.b. smt. paramjit kaur (pw.2) wife of the deceased, came to her house from the university, where she was working, on being informed by rajiv singh (pw.15). she made a search for her husband but in vain. she made a complaint on the same day ..... in fact, is to be tested on the touchstone of prejudice theory.a three-judge bench judgment of this court in lok pal singh v. state of m.p., air 1985 sc 891, observed that such argument is irrelevant in case the involvement of the accused is proved beyond reasonable doubt.evidence of the sole eye-witness :26. this court has .....