Court : Karnataka
Reported in : ILR1990KAR1907
orderrama jois, j.1. in this writ petition the three petitioners have prayed for setting aside the order passed by the chief electoral officer, karnataka, dismissing their appeal presented under section 24 of the representation of the people act, 1950, read with rule 27 of the registration of electors rules 1960, against the order of the electoral registration officer, no. 84, shantinagar assembly constituency, bangalore, including the name of the first respondent in the voters' list of that constituency and have also sought for the issue of a writ of quo warranto determining the right of the first respondent to continue as a member of rajya sabha from the state of karnataka.2. the facts of the case, in brief, are these: in the first week of march 1988, the election commission of india announced the holding of elections to fill four seats to the rajya sabha from the state of karnataka. the last date for nomination fixed was 15-3-1988. the election was scheduled to be held on 28-3-1988. as provided in section 3 of the representation of people act 1951, a person is not eligible to be chosen as a representative of any state in the council of states, namely, rajya sabha, unless he is an elector for a parliamentary constituency in that state. according to section 13-d of the 1950 act, the electoral roll of all the assembly constituencies included in a parliamentary constituency constitutes the electoral roll for the parliamentary constituency concerned. the first respondent being .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP333; 1993(1)ALT537
order1. the challenge in this revision petition is that the ground on which eviction of the 1st petitioner tenant was sought no more exists, as the landlady who sought the petition schedule premises for bona fide requirement has since died.2. sri satyanarayana prasad, learned counsel for the petitioner tenants, states that originally the eviction petition r.c.c. no. 108 of 1980 was filed before the rent controller, rajahmundry, on two grounds viz. (1) acts of waste by the tenant and (2) bona fide requirement for starting business; that the bona fide requirement of the landlady for -starting business was not existing as on the date of the order of the lower appellate court, as the landlady died and therefore the lower appellate court ought to have rejected the eviction petition. it is further contended that the decisions of the supreme court from time to time would indicate that though normally the high court would not interfere when there is a concurrent finding by both the courts below, as the high court cannot advert to itself as a second court of first appeals, yet the recent decisions of the supreme court would indicate that when revisions are filed under the rent controj act, unlike revisions under s. 115 of the civil procedure code, the scope of enquiry is more wider. placing reliance on latest decisions of the supreme court, it is urged by sri prasad that in the instant case, interference of this court is very much needed.3. in order to appreciate the contentions of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(3)ALD499; 2001(4)ALT88
order1. the issue to be decided being common in all these three writ petitions, they can be disposed of by a common order.2. the students 11 in number, who passed diploma in chemical engineering in (petro chemicals) and plastics and polymers at the government institute of post diploma course in engineering and technologies (getcet) filed these three writ petitions questioning the action of the 2nd respondent-convener, ecet(fdh) 1999-2000 jntu, in the college of engineering, hyderabad, in not considering their case for admission into the chemical engineering course, by treating the institution in which they haveprosecuted their studies as a statewide institution.3. after filing of the writ petitions, it seems two petitioners secured payment seat in private colleges and they are prosecuting their studies in the engineering colleges. hence the issue that has been cropped up in these writ petitions can be adjudicated with reference to the other petitioners.4. the president of india, in exercise of the powers conferred on him under clause 1 of article 371-d of the constitution of india issued the andhra pradesh educational institutions (regulation of admissions) order, 1974 for providing equitable opportunities and facilities for the people belonging to different parts of the state in the matter of admissions to the educational institutions, which is herein after referred to as six point formulae in gsr no.299e, dated 1-7-1974. under paragraph 3 of the presidential order, the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1992All62; (1992)1UPLBEC170
orderravi s. dhavan, j.1. a generation of young citizens or may be not so young, has grown op without experiencing or participating in civic elections. millions of school children are taught the illusion of civic rights in a subject called civics in their course books which speaks of the parliament, the state legislatures and the civic bodies, but they do not know what the latter is. they are taught to be a citizen without experience of being one. this generation has not seen, effectively, and has yet to see what local government is, and until they experience it, local government will remain an illusion out of the text books they are taught. this is what these cases are about. there are a number of them, but the issues are common. in some petitions, citizens seek a direction that civic elections be held, in others they question the right of the local bodies to impose afresh or enhance taxes on the principle that there will be 'no taxation without representation'. then, there are petitions and arguments which have been addressedseriously that the power which permits the functioning of the local bodies to be superseded be declared as ultra vires. thus, the presence of the then learned advocate general, u.p. mr. shanti swaroop bhatnagar.2. somewhere in the sixties a slip had occurred and it was the beginning of a paralytic stroke striking local bodies like municipalities and corporations, when the elected representatives were either being bundled out of their offices or were .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All216
gyanendra kumar, j.1. this is an appeal by the plaintiff-bank which is a limited company. the bank had filed the suit for recovery of rupees 6,612-12-9 against the defendants on the basis of a cheque for rs. 5,200 issued by the defendants in favour of the bank on 11th november1947 and a payment-order for rs. 400 issued the next day. i.e., on the 12th november 1947. both the cheque and the payment order were dishonoured on account of stoppage of the payment by the defendants. hence the suit for recovery of rs. 6,612-12-9 including interest at rs. 6 per cent per annum, with monthly rests, plus pendente lite and future interest at the rate of rs. 6 per cent per annum.2. the preliminary facts are not disputed between the parties. the defendants were carrying on business in peshawar under the name and style of 'harishmgh govind singh', while the plaintiff-bank had one of its branches at peshawar. the defendants had a cash credit account in the name of their firm with the peshawar branch of the plaintiff-bank. the defendants used to borrow money from the plaintiff-bank against the pledge of goods by way of security. on 23rd november 1946 the defendants borrowed a sum of rs. 30,000 from the bank and executed a promissory note in lieu thereof. later on, in february 1947, the defendants further executed a deed of pledge in favour of the bank whereunder 425 bags of mash (urd) were pledged with the bank to secure the payment of the aforesaid loan of rs. 30,000 with interest. the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All553
beg, j.1. this is a first appeal by defendant no. 1 in the suit. the trial court has passed a decree for rs. 20,764/14/- with proportionate costs in favour of a committee consisting of plaintiff no. 10 babu prahlad das, plaintiff no. 11 babu girdhar das and defendant no. 2 abut latif against defendant no. 1 kharul bashar proprietor of the firm haji abdullah daniyal. it would appear that in qasba mau nath bhanjan, pergana mau, district azamgarh, there is a firm named sheo ram baleshwar prasad. the proprietor of this firm was one sheo ram. sheo ram is defendant no. 5 in the suit. his firm used to do business in yarn. in 1942, sheo ram became heavily indebted. according to the plaintiff's case, in august 1942 there was a rumour that sheo ram had become insolvent.on the 17th of august, 1942, he had closed his shop. this resulted in a rush of creditors who went to sheo ram, and insisted on payment of the debts due to them. sheo ram expressed his inability to pay the debts in cash. he, however, said that he had 44 bales of yarn and 900 tolas of silver which he entrusted to his creditors to enable them to convert the same into cash and distribute the proceeds among themselves. the creditors for whose benefit 44 bales of yarn and 900 totals of silver were handed over, are arrayed as plaintiffs nos. 1 to 11 and defendants nos. 6 to 12, defendants 6 to 12 are styled as defendants-fifth party in the present case.defendant no. 5 also executed a writing on the same date in favour of his .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1715; 2000CriLJ3801
b. k. rathi, j.1. this is a petition under sections 11 and 12 of the contempt of courts act to punish the opposite parties for violating the order dated 11.10.1999 passed in civil misc. writ petition no. 43646 of 1999.dr. k. m. srivastava v. state of u. p. and others.2. i have heard sri shailendra, learned counsel for the petitioner and sri o. p. singh, learned counsel for opposite party no. 2 and the learned standing counsel and have gone through the affidavits.3. the facts giving rise to this petition are as follows :the petitioner was appointed as co-operative inspector group-i on 24.9.1980. he cleared the departmental examination within one year and became eligible for promotion to the post of assistant registrar, cooperative. that an ad-hoc selection was organised on 15.10.1988 and certain persons were selected. the petitioner was not promoted. the petitioner, therefore. challenged the ad-hoc promotion in civil misc. writ petition no. 31874 of 1990. in that writ petition on 16.7.1992. this court issued interim mandamus directing the opposite parties to consider the case of the petitioner for promotion on the post of assistant registrar. co-operative societies. thereafter a list was issued on 18.2.1997 and the petitioner was promoted on the said post, but he was not promoted with effect from 13.2.1989, when he became eligible. however, the petitioner joined the post on 1.3.1997. thereafter, on the request of the petitioner he was transferred by an order dated 28.8.1997 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1999)153CTR(MP)350
b.a. khan j.petitioner firm is engaged in manufacture and sale of medicines. it filed its return for the asst. yr. 1984-85 declaring its taxable income at rs. 91,640. along with the return it filed all necessary documents including balance sheet, trading ale,, p&l; ale, depreciation statement etc. upon this respondent ito completed assessment proceedings and passed assessment order dt. 26th march, 1986, under s. 143(1) of it act. he, however, issued notice dt. 3rd march, 1989, for reopening of assessment for asst. yr. 1984-85, on the ground that he had reason to believe that income for this assessment year had escaped assessment.2. petitioner has challenged this on the ground that it was vague and uncertain and did not disclose any reason for the reopening of the assessment and that it had asked ito vide letter dt. 17th april, 1989, to furnish reasons supporting the action but in vain. it is submitted that petitioner had discharged his duty to disclose fully and truly all material and primary facts related to his assessment of income and respondent ito had passed an assessment order on due application of mind and on feeling satisfied about the declaration of income and as such he had no material before him on the basis of which he could form the belief that the income for the relevant assessment year had escaped assessment.3. in other words, it is sought to be projected that he had wrongly assumed the jurisdiction without satisfying pre-conditions laid down in s. 147(a) of .....
Tag this Judgment!Court : Orissa
Reported in : (1970)ILLJ337Ori
s. barman, c.j.1. the petitioner, hindusthan steel. ltd., challenges the award of the labour court, orissa by which it directed the management of hindusthan steel, ltd., to reinstate their dismissed workman, opposite party 2, udayanath patra, with half of his back wages,2. the charges of misconduct on which the workman was chargesheeted, were wilful insubordination and disobedience of orders of superiors and negligence in duty resulting in stoppage of work in that on 10 august 1962, the opposite party 2, a crane operator, was asked to take out the fourth spindle at about 9-30 p.m., but he refused to carry out the order and did not do his work after 9-30 p.m. even though he had taken more than adequate relief by not working from 3-30 to 6-30 p.m. as a result of which the work had to suffer-all as stated in the chargesheet.3. there was a departmental enquiry held by an enquiry committee who found the workman guilty of gross misconduct of disobedience of orders and he was dismissed. the workman, represented by rourkela mazdoor sabha, opposite party l, submitted that the action taken by too management was wrong, improper and unjustified as the same was actuated by motives of victimization,4. this dispute between the management and the workman was referred to the labour court, orissa, for adjudication on the question whether the dismissal of the workman is justified and, if not, to what relief he is entitled ?5. by its award, dated 27 august 1964, the labour court held that the .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT774; 1998CriLJ2244
s.c. datta, j. 1. these appeals are taken-up for hearing together as they arise out of one and same judgment.2. in these appeals from jail, the appellants seek to assail the order of conviction and sentence passed by the learned 1st additional sessions judge on 16-11-1994 in s.c. no. 41/91. all the accused stood charged under section 395 i.p.c for having committed dacoity in the house of tarini charan padhy on the night of 29-5-1990 at nigam nagar, berhampur. the accused rama sahu alias lalu alias bhola sahu and sk. jamir' stood further charged under section 412 i.p.c. for having dishonestly received stolen property obtained by the commission of dacoity.3. briefly stated, the prosecution case is that the informant tarini charan padhy (p.w.2) is a resident of nigam nagar, berhampur. in the night of 29/30 -5-1990, he went to sleep along with his family members. he was sleeping along with his second son jugal kishore padhi in one room, whereas his wife susama padhi (p.w.4) and the younger son bimal kishore padhy (p.w.5) were sleeping, at about 2.20 a.m. five miscreants entered into the house by breaking open the front door. three miscreants jumped over the informant and tied him down with his own 'gamucha' (napkin). they also tied down his second son jugal who was also then asleep. the informant raised hulla and his younger son and his wife woke up. the culprits entered their room and brought both of them to the room of the informant at the point of knife. thereafter, they .....
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