Court : Mumbai
Reported in : AIR2008Bom38; 2007(6)ALLMR739; 2008(1)BomCR271; 2007(6)MhLj387
..... it was submitted that disputes between the members of the co-operative societies can be agitated only under sections 91 and 101 of m.c.s. act and not under any other act including the securitisation act.32. it is necessary to keep in mind two principles while considering the challenge to the constitutional validity of an enactment. firstly, the ..... dated 28-1-2003, which includes co-operative banks within the definition of term 'bank' under section 2(c) of the securitisation act was not a matter of challenge in the case of m/s khaja industries, supra, before this court. the learned advocate for the petitioners has contended that the central government could not issue the ..... set out earlier. the division bench held that once the apex court had decided the validity of the securitisation act in manila's case, it was not open to the high court to consider the validity of the securitisation act once again.(c) we are bound by the judgment of the division bench. the contention must be rejected .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant61; AIR1966Mys61
..... ) * * * * (iii) persons allotted to serve in connection with the affairs of the state of mysore under section 115 of the states reorganisation act 1956 who were holding substantive posts in pensionable establishments on the 31st october 1956 in a service in connection with the affairs of the former state of mysore, hyderabad or bombay or the state of ..... cannot vitiate the impugned order.(7) somewhat hesitatingly, it was contended that the petitioners could not have been compulsorily retired under rule 293 of the h.c.s. rules, 1954, as they joined service long before those rules were framed. there is no merit in this contention. the rules famed under article 311 ..... the following order.'government of mysoremysore govt. secretariatvidhana soudha dated 29th may 1961.no. rd 105 ego 60notificationgovernments are pleased to direct that sri yuths b.s. mahadeva rao, a.l. deshpande and abdul aziz, tahsildars be retired from service with immediate effect under the note below rule 293 of the hyderabad .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1058; (1976)1SCC377; [1975]3SCR705; 1975(7)LC257(SC); 1975()WLN52
..... abolition the state government shall continue to make payments by way of compensation in accordance with scale laid down in the second schedule, and the provisions of the rajasthan. pensions act, 1958, shall apply to such payments.6. the second schedule shows, inter alia, that if the monthly rate of the grant exceeds rs. 50/- but does not ..... till the cash jagirs are resumed'. this order is dated june 5, 1958.3. the rajasthan cash jagirs abolition act, 1958 (briefly the act) received the assent of the president on july 13, 1958.4. section 2(a) of the act defines cash jagir to mean 'any grant of money by way of jagir or otherwise, made or recognised to ..... obtained from the high court under article 133(1)(c) and this court in the above mentioned decision dismissed the state's appeals. in the present case the petitioners took advantage of the provisions of the act, particularly sub-section (2) of section 3 by which payments by way of compensation were allowed notwithstanding the abolition of .....
Tag this Judgment!Court : Delhi
Reported in : 2008(3)SLJ42(Delhi)
..... india, although the majority held that the expression 'that immediate action is necessary' in section 18-aa(1)(a) of the industrial undertakings (development and regulation) act, 1951, does not exclude) absolutely, by necessary implication, the application of the audi alterant partem rule, chinnappa reddy, j. dissented with the view and expressed ..... he also participated in illegal 'dharna' during the period when he was away from his duty with effect from 10.8.1995. furthermore, the petitioner's continued unauthorized absence from the duty and his availability at the 'dharna' place further preponderates the unabated participation in the said 'dharna'. thus there was ..... revision petition was also rejected by the revision authority ignoring the pleas raised by the petitioner in the same manner. learned counsel for the petitioner has referred to s.n. mukherjee v. uoi : 1990crilj2148a and ram chander v. uoi : (1986)iillj334sc to support his submissions.9. mr. rajender khattar, the learned counsel .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR592
..... . has deposed that the accused had voluntarily produced a muddamal knife, it cannot be said that it is a discovery panchnama under section 27 of the indian evidence act. what p.s.i. kharadi has deposed in his evidence with regard to knife is a proof of a recovery panchnama and, therefore, ex.56 cannot be used against the accused. no doubt ..... .vyas has argued that panch witnesses have not supported the case for this panchnama ex.56 and p.w.19 p.s.i. kharadi has not deposed to prove the necessary ingredients of section 27 of indian evidence act and, therefore, this panchnama ex.56 should not have been relied on by the learned judge of the trial court. [j] mr. ..... before it, considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.'26. in the case of sardul singh v. state of haryana, reported in (2002) 8 s.c.c. 372, the hon'ble supreme court has held as follows :-'there cannot be a prosecution case with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1856; (1976)3SCC743; [1976]SuppSCR166; 1976(1)SLJ547(SC); 1976(8)LC593(SC)
..... to the power under article 372(2).8. it follows therefore that, as and from november 1, 1956, when the constitution (seventh amendment) act, 1956, came into force, the president had the power to adapt the laws for the purpose of bringing the provisions of any law in force in india into accord with the provisions ..... any law in force in india or in any part thereof, immediately before the commencement of the constitution (seventh amendment) act, 1956, into accord with the provisions of this constitution as amended by that act, the president may by order made before the 1st day of november, 1957, make such adaptations and modifications of the law, ..... was a general provision enabling the making of adaptations and modifications in such laws by an order of the president, whereas article 372a was a special provision which was made specifically for purposes of the constitution (seventh amendment) act, 1956, inasmuch as clause (1) thereof provided as follows,---372a (1) for the purposes of bringing .....
Tag this Judgment!Court : Gujarat
Reported in : 1994CriLJ1502
..... the court has to find out that there are special reasons for choosing between the life and death; the murder was henious, astrocious, cruel or that the accused's intentional act had created a great risk of serious bodily harm and death to more than one person. the court should have seen that an innocent person, brother of bhawarsing, ..... as grounds for awarding lesser punishment. learned judge was required to consider facts and circumstances of the case and was required to arrive at a conclusion whether the act of the accused is such that it would invite extreme penalty? the learned judge was required to consider from that angle. the only question required to be considered ..... the appellant to undergo r.i. for 14 years. the appellant came to be convicted for an offence punishable under section 66(1)(b) of the bombay prohibition act and was sentenced to suffer r.i. for six months. the trial court directed that all the sentences shall run concurrently. being aggrieved by the aforesaid order of .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1963Raj190
..... 1951 on an assumption of an alleged conflict with the provisions of section 60 of the act, we must point out that the absence of the president's assent to the act is irrelevant in the present case. at the time when the act of 1951 was promulgated there was no question of its applicability to the cantonment area and its being ..... in conflict with the act. the question could arise only when the act was extended and applied to the areas ..... was made applicable in the state of rajasthan in april, 1951 without obtaining the assent of the president of the government of india. 2) the cantonments act 1924 is in force in nasirabad cantonment area, which is central act. it is in force and will remain so till it is repealed by the central government. 3) when there is any .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ572
..... state of tamil nadu and others under article 13 for declaration that the tribunal's order granting interim prayer was without jurisdiction and, therefore, null and void, etc. the ordinance was replaced by act no. 27 of 1991. in this background, the president, in exercise of powers under article 143 of the constitution made the reference ..... such power was impermissible. in that case the provisions of mysore ordinance 1 of 1973 and the karnataka state civil services (regulation of promotion,pay and pension) act, 1973 were challenged mainly on the ground that the impugned provisions amounted to take away the rights of the parties which had been determined by the high ..... in allowing the state, if nothing else, abuse of its power of legislation'.the impugned karnataka act 11 of 1974 was enacted to provide for the prospective promotions of civil servants and to regulate the pay, seniority, pension and other conditions of service of civil servants in the stateof karnataka including those that are .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(6)ALT1
..... whip issued by me. the service of the whip was made by three modes of service as held by the hon'ble high court in the case of s. jyothi v. presiding officer, reported in : 2002(4)ald660 . it was also read in the meeting before the election took place. thus, the respondents 6 to 9 herein ..... fit that some permanent arrangement is required to be made in regard to the local self-government, culminating in an amendment to the constitution. by constitution 73rd amendment act, 1992, part ix of the constitution was substituted. it deals with the local bodies like panchayats and municipalities and various matters incidental thereto. pursuant to the said ..... we are only concerned with those provisions dealing with the elections to the mandal praja parishad either of its members or of the president. the relevant provisions occur in part iii of the said act commencing from section 148.21. section 148 mandates that the state government by a notification shall constitute a mandal parishad for each mandal .....
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