Court : Andhra Pradesh
Reported in : AIR1986AP52
..... proceedings relating to matters of appointment, the conditions of service, and dismissal or removal under the village offices act iii of 1895 were preserved, and they shall be continued and enforced subject to the rules that may be made under the proviso to art. 309 of the constitution. such rules were framed in respect ..... of this court n punnaiah v. sri lakshmi narasimhaswamy varu 91963) 2 andh wr 214 specifically adverted to this question and held that as per the provisions of the act (inams abolition act ) the service holder is entitled to the ryotwari patta absolutely and it is for the legislature to make a suitable provisions if a condition as to service has ..... of class (1) service enumerated under sec. 3(1) of the act. no. such rules are framed in respect of offices mentioned under sec 3(4) of the act. we .....
Tag this Judgment!Court : Mumbai
Reported in : 2(1986)ACC42
..... law on principles of justice, equity and good conscience. the maxim has been recognised only to a limited extent as found in section 306 of the indian succession act. we have adverted to the provisions of the said section 306 and have pointed out the limited extent to which it has been statutorily applied. admittedly the present ..... where, after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.section 110-a(1)(b) of the motor vehicles act, 1939, then provides that an application for compensation arising out of an accident of the nature specified in sub-section (1) of section 110 may be made where ..... parents cannot claim compensation on that account. we find no substance in this contention for the following reasons:in the first instance, section 306 of the indian succession act, 1925 provides that all demands whatsoever and all rights to prosecute or defend any action or special proceeding existing in favour of or against a person at the time .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)88BOMLR308
..... [1964]3scr698 . in the abovementioned case, the supreme court considered the meaning that is ascribed to the word 'allotment' occuring in section 75(1) of the companies act. that provision requires a company to rile a return of the allotment of its shares with the registrar within a month of the making of the allotment. the shares with ..... represented by one or more counsel.each one of the plaintiffs or each one of the defendants, as the case may be, is not entitled to appear, act and plead by his own advocate. however, where different advocates appear for different plaintiffs or different defendants whose defence is set out in one common written statement, ..... on rs, 1,02,000.6. proceeding further, the learned judge held, rejecting the plaintiffs' contention, that section 6(iv)(j) of the bombay court-fees act, which is as follows:in suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary .....
Tag this Judgment!Court : Kerala
Reported in : 1986CriLJ263
..... or trial may be required as material objects to be used or identified during trial in relation to the offence. its preservation may otherwise be necessary for final disposal at the conclusion of trial. preservation for that purpose is the duty of court. arrangements made by the court for proper custody may sometimes cause inconvenience to ..... to be one such, and therefore revisable, only because the respondents had filed objections including those to the jurisdiction or competence of the sub-divisional magistrate to act under section 133 of the code, the revision if at all, would be not against the preliminary order, but only against a subsequent order either accepting ..... four accused for offences punishable under sections 420 and 471 read with section 34 of the indian penal code and sections 63 and 65 of the copyright act on the basis of the statement made by one satheesh sathyan, public relations manager and power-of-attorney holder, tharangini records, trivandrum.2. tharangini records .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2(1985)ACC437
..... section 35 of the evidence act. yet i would have examined dr. v. lekhi, who was the house surgeon in the department of orthopaedic surgery, j.a. group of hospital, gwalior at the relevant ..... certificate granted by authority of a public hospital (ramani bala v. kanai lal air 1965 tripura 17) have been held to be admissible under section 35 of the evidence act, even in the absence of examination of the makers thereof. consequently the entries in the said slips and the case-record must also be held to be admissible under ..... appeal on the ground that the claims by the insurer of the vehicles was limited to the matters enumerated in section 96(2), read with section 96(6) of the act and therefore, the appellant, being the insurer of the vehicle, could not challenge the quantum of damages or the findings on rash and negligent driving. this objection was .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant77; ILR1986KAR1130
..... manual civil procedure code, volume no. 5, 4th edition, on page 670, it is stated as : -'rule i of order xxxix is primarily concerned with the preservation of the property in dispute till the legal rights are ascertained. on a literal reading of the rule, the situation where the defendant threatens to dispossess the ..... injunction preliminary or final, when sought by a proprietor to restrain a defendant from interference with easements; from committing nuisances, from trespasses, or other like acts in derogation of the plaintiffs proprietary rights. this effect of delay is subject to the important limitation that it is properly confined to claims for purely ..... amma v. govindan, : air1980ker224 .30. shri swamy then relied on sheik khalilur raheman v. estate officer, bhubaneswar, : air1977ori201 . it reads as:-'the act has been enacted to provide the procedure which must be complied with before eviction is ordered and enforced. even rank trespasser is entitled to maintain his possession unless .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC500; (1985)4SCC469; [1985]Supp2SCR747; 1986(1)LC51(SC)
..... determined by the consolidation authorities during consolidation proceedings and that decision could not be upset by any other court as provided by section 49 of the said act and the earlier decision of the consolidation authorities would operate as res judicata on general principles. in the view that the high court took it did not ..... proceeding for such declaration or adjudication of rights of tenure-holders in respect of the land could or ought to have been taken under the consolidation of holdings act. in the present case, the proceedings that were taken before the consolidation authorities on the death of bakhtawar were admittedly for mutation of names in the revenue ..... prepared, their further maintenance will be the responsibility of the collector, and this, too, is to be done under section 33 of the u.p. land revenue act, 1901. it was thus abundantly clear that an application for mutation on the basis of inheritance when the cause of action arose, after the finalisation and publication .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(1)WLN633
..... operative under the high court judges (conditions of service) (amendment) act, 1976 irrespective of the date of retirement and hence there is no question of payment of arrears of pension for the period preceding october 1, 1974....on the ..... is declared that the judges (including the chief justice) of the high court are entitled to pension as computed under the high court judges (conditions of services) act, 1954 (as amended) irrespective of the date of retirement. the date october 1,1974, continues to be relevant as being one from which the liberalised pension became ..... as under:.that the eligibility for liberalised pension of having retired on or after the 1st day of october 1974, in the high court judges (conditions of service) act, 1974 (as amended) violates articles 14 and is unconstitutional.special leave petition (civil) no. 4161/83 was filed from the aforesaid judgement of the allahabad high .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1986)15ITD591(Pune.)
..... was rs. 9,795.the income and expenditure account accompanying the return shows that the receipts of the assessee were from lease rent, from paddy fields, cashew trees, lease rent from leased plots, some miscellaneous receipts, rent from house and com-munidade hall, bank interest and compensation received from the government on acquisition of agricultural ..... status of these two assessees is that of local authority and, consequently, that they are eligible for exemption under section 10(20) of the income-tax act, 1961 ('the act'). though the facts of the cases are slightly different from each other, it is convenient for the disposal of these appeals to pass a common order ..... mapusa.19. shri robinson filed a compilation of 38 pages. in this compilation, he had extracted firstly the goa, daman & diu communidade employees' (conditions of service) act, 1981 passed by the government of goa, daman & diu on 23-10-1981. notifications dated 19-3-1982 and 11-1-1982 brought out by the government under .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)88BOMLR50
..... unlike rules regulating recruitment and conditions of service framed under the proviso to article 309 of the constitution or section 241(2)(i) of the government of india act, 1935, cannot have any retrospective effect.the 1970 principles cannot, therefore, have any retrospective effect.7. the 1970 principles cannot, therefore, be applied to the ..... (2) of section 3 of the act provision is made for the transfer or re-employment of any of the employees of the existing corporation to the newly constituted corporation on the terms and conditions ..... the scale of pay of rs. 130-10-250-15-355. he actually took charge on may 11, 1959 (exh. a). the bombay statutory corporations (regional reorganisation) act, 1960 which made provision for setting up two separate corporations for maharashtra and gujarat regions came into force from april 12, 1960. under clause (1) of sub-section .....
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