Court : Karnataka
..... 11(1)(a) of the rating and valuation act, 1961, keeping in view the dominant purpose of the act; referring to a provision of an enactment, lord goddard cj.said in bebb v ..... december, 1948; there is nothing in service jurisprudence that spurns at employer- employee relationship even in a compulsive engagement of services, especially when article 23(2) of the constitution itself sanctions imposing compulsory service for public purposes , the impugned act frugally and the 2015 rules abundantly speak of service law concepts such as service , rural service , service period vacancy , list of vacancies , eligibility , entrance test , selection , merit list , appointment , posting , working hours , ..... hearing the concerned; the contention that the candidates may not get posting to the hospitals which are reasonably infrastructured to suit to their qualifications, again is a matter which the authorities would address subject to pragmatics; a grievance redressal cell, if created would be of considerable value; it hardly needs to be mentioned that nothing in the impugned act comes in the way of doing that, since the government being the guardian of the citizens has parens patria power ..... . state of rajasthan, 1951 scc936 air1951sc467 1952 cri lj54 1952 scr110 wherein this court formulated the aforesaid principle in the following manner: (air ..... . state of rajasthan [harla ..... school tilak nagar, sagar road bikaner, rajasthan. 39 . dr. ..... book depot4shivsinghpura nawalgarh road sikar rajasthan. 13 . dr. .....
Tag this Judgment!Court : Karnataka
..... 11(1)(a) of the rating and valuation act, 1961, keeping in view the dominant purpose of the act; referring to a provision of an enactment, lord goddard cj.said in bebb v ..... december, 1948; there is nothing in service jurisprudence that spurns at employer- employee relationship even in a compulsive engagement of services, especially when article 23(2) of the constitution itself sanctions imposing compulsory service for public purposes , the impugned act frugally and the 2015 rules abundantly speak of service law concepts such as service , rural service , service period vacancy , list of vacancies , eligibility , entrance test , selection , merit list , appointment , posting , working hours , ..... hearing the concerned; the contention that the candidates may not get posting to the hospitals which are reasonably infrastructured to suit to their qualifications, again is a matter which the authorities would address subject to pragmatics; a grievance redressal cell, if created would be of considerable value; it hardly needs to be mentioned that nothing in the impugned act comes in the way of doing that, since the government being the guardian of the citizens has parens patria power ..... . state of rajasthan, 1951 scc936 air1951sc467 1952 cri lj54 1952 scr110 wherein this court formulated the aforesaid principle in the following manner: (air ..... . state of rajasthan [harla ..... school tilak nagar, sagar road bikaner, rajasthan. 39 . dr. ..... book depot4shivsinghpura nawalgarh road sikar rajasthan. 13 . dr. .....
Tag this Judgment!Court : Supreme Court of India
..... no.8 - as to whether the non-disclosures by karikho kri were of a substantial nature affecting his election, the high court observed that disclosure of information as per form no.26 of the conduct of election rules, 1961, was fundamental to the concept of free and fair elections and, therefore, the solemnity thereof could not be ridiculed by offering incomplete information or suppressing material information, resulting in disinformation and misinformation to the voters. ..... it must, firstly, be shown that there has been improper reception or refusal of a vote or reception of any vote which is void, or non-compliance with the provisions of the constitution or the act of 1951, or any rules or orders made thereunder, relating to the election or any mistake in the use of the prescribed form and it must further be shown that, as a consequence thereof, the result of the election has ..... such, the result of the election, insofar as the respondent no.1 is concerned, is materially affected by the improper acceptance of his nomination as well as by the non-compliance with the provisions of the representation of the people act, 1951 and the rules and orders made thereunder, including section 33(1) of the representation of the people act, 1951, rule 4a of the conduct of election rules, 1961 and the orders made thereunder ... ..... the observation in relation to non-disclosure of municipal dues, where there was a genuine dispute as to re-valuation and re-assessment for the purpose of tax assessment. .....
Tag this Judgment!Court : Supreme Court of India
..... having observed and held as above, we are deeply peeved on perusing the impugned judgment, criminal appeal nos.1957-1961 of 2024 page 10 of 14 for the same reflects only non-application of mind and non-consideration of the relevant factors despite the fact that the case involved an acid attack on a young woman resulting ..... , or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction ..... of criminal proceedings on the ground of settlement between the offender and victim, observed that even if settlement or payment of compensation is pleaded in a heinous crime, still the same should not be quashed as the crimes are acts which have harmful effect on the public and in general the well-being of the society. ..... no doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because he ..... acknowledged the seriousness of the acid attack when we amended our laws in 2013 [ the criminal law (amendment) act, 2013 (13 of 2013).]. ..... case for various crimes committed under ipc, pocso act and i.t. ..... batch of petitions before us, arising from different nature of offences from dowry to section 420 ipc to section 376, ipc and pocso act. .....
Tag this Judgment!Court : Supreme Court of India
..... all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a claims commissioner appointed under the provisions of the railways act, (a) relating to the responsibility of the railway administrations as carriers under chapter vii of the railways act in respect of claims for (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway ..... the facts of the lead case herein are that the respondent-iocl had sent a legal notice dated 07.11.2005 under section 106 of the railway act, 1989 to the appellant-union for refund of excess freight charges with respect to a consignment dated 25.08.2022, due to change in methodology, having been applied prospectively from 01.01.2005 which ..... was held that section 17(i)(c) of limitation act, 1963, would apply only to a suit instituted or an application made in that behalf in the civil suit but whereas the tribunal is the creature ..... for the generation of electricity at their thermal power station at kota (rajasthan), coal is transported from collieries situate in areas covered by the eastern and south eastern railways to a station called gurla, ..... in para 12 it is averred that since 1-6-1961 the western railway administration, in addition to charging usual freight on goods, traffic from and to kuda salt siding station, wrongly, illegally, arbitrarily and unreasonably levied an additional new charge by- .....
Tag this Judgment!Court : Karnataka Dharwad
..... mehrotra, advocate for r1; sri uday holla, senior advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of this hon ble court in w.p.100625/2023 and as ..... vinayak mehrotra, advocate for r1; sri dhyan chinnappa, senior advocate for sri vishwanath bichagatti, advocate for r2) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying this hon ble court to, (a) call for records in w.p.no.100625/2023. ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of ..... made by the authority is mala fide or intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. ..... awarded in favour of respondent no.3 and it should have been actually awarded for the petitioner and that petitioner has suffered injuries because of it, the remedy open for the petitioner is to file a civil suit and - 25 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... mehrotra, advocate for r1; sri uday holla, senior advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of this hon ble court in w.p.100625/2023 and as ..... vinayak mehrotra, advocate for r1; sri dhyan chinnappa, senior advocate for sri vishwanath bichagatti, advocate for r2) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying this hon ble court to, (a) call for records in w.p.no.100625/2023. ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of ..... made by the authority is mala fide or intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. ..... awarded in favour of respondent no.3 and it should have been actually awarded for the petitioner and that petitioner has suffered injuries because of it, the remedy open for the petitioner is to file a civil suit and - 25 - nc:2024. .....
Tag this Judgment!Court : Supreme Court of India
..... servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state government ..... kiran jain (supra) the followers of a religious head who had made a speech on 56 (2018) 8 scc501page 66 of 135 part g untouchability filed a suit in the high court seeking damages for defamation alleged to have been committed in the lok sabha during a calling attention motion on the speech. ..... rule 85 of the conduct of elections rules, 1961 provides that as soon as may be after a candidate has been declared to be elected, the returning officer shall grant to such candidate a certificate of election in form 24 and obtain from the candidate an acknowledgment of its receipt duly ..... part vi of the conduct of elections rules, 1961 which contains rule 69 and part vii thereof deal with the procedure to be followed at an election by ..... rule 69 of the conduct of elections rules, 1961 provides that at an election by assembly members where a poll becomes necessary, the returning officer for such election shall, as soon as may be after the last date for the withdrawal of candidatures, send to each elector .....
Tag this Judgment!Court : Supreme Court of India
..... free from all encumbrances, in the custodian in the same manner as it was vested in the custodian before such divesting of enemy property under the provisions of this act, as if the provisions of this act, as amended by the aforesaid act, were in force at all material times; (c) no suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of ..... (ii) take action for recovering any money due to the enemy; (iii) make any contract and execute any document in the name and on behalf of the enemy; (iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities; (iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or civil appeal ..... vested or deemed to have been vested in the custodian by virtue of the said order made under section 6, as it stood before its substitution by section 6 of the enemy property (amendment and validation) act, 2017 such property shall, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, continue to vest or be deemed to have been vested in the custodian and no ..... government, it would be specifically provided so as in the case of sections 16 and 17 of the land acquisition act, 1984 as well as in the case of section 269 of the income tax act, 1961. .....
Tag this Judgment!Court : Supreme Court of India
..... due date for a report under sub-section (3) then, furnishing a return of income of that notwithstanding anything contained in the financial year under section 139 of the income-tax act, 1961 (43 of 1961), such income-tax act, 1961 (43 of 1961), to the political party shall not be entitled to any election commission. ..... multi-national corporation referred to (v) a multi-national corporation referred in sub-clause (iv) of clause (g); to in sub-clause (iv) of clause (g); (vi) a company within the meaning of the (vi) a company within the meaning of the companies act, 1956 (1 of 1956), and companies act, 1956 (1 of 1956), and more than one-half of the nominal value of more than one-half of the nominal value its share capital is held, either singly or in of its share capital is held, either ..... adopted to fulfill the purpose, and whether such alternative means (a) realize the purpose in a real and substantial manner; (b) impact fundamental rights differently; and (c) are better suited on an overall comparison of the degree of realizing the purpose and the impact on fundamental rights.165. ..... (and balancing) of the measure and the alternative, the alternative is better suited considering the degree of realizing the government objective and the impact on fundamental ..... overall comparison of the measure and the alternative, the alternative is better suited because it realizes the purposes to a considerable extent and imposes a lesser ..... be slightly tempered to suit our jurisprudence on proportionality. .....
Tag this Judgment!