Court : Rajasthan
Reported in : AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632
..... civil functionaries, who work under the union govt. or the state governments. these constitutional functionaries are appointed by the president of india, which means president acting under the advice of the union govt. and its ministersand they cannot be removed by the president at his pleasure. in order to ensure their independent action ..... that a practicing advocate is prohibited from submitting an application in response to an advertisement. similar was the position as regards the professional engagement prior to advocates act, 1961, except the disciplinary control.(29). mr. dinesh maheshwari in support of his contention that the lawyers cannot solicit brief in any manner, as per ..... means to assign authority to a particular use, task, position or office. likewise, the work 'authorise' means to empower or to give a right or authority to act or effective legal power. so, in our view, both the words, 'appoint' and 'authorise' have to be considered as equivalent.we are of the opinion that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632
..... of orissa : [1954]1scr1046 . in these case, it was conceded by the counsel for the state that certain sections of the madras religious and charitable endowments act (xix of 1951) and of the orissa hindu religious endowments act, 1939 (as amended in 1952), were ultra vires arts. 19(1)(f), 25 and 26 of the constitution. this court also found in the former ..... came under the supervision of the reserve bank, which, in exercise of the powers vested in it by the banking companies act as well as the reserve bank of india act, periodically inspected the palai bank. these inspections were made in 1951, july 1953, february-march 1956, march 1958 and january-february, 1960. every time, the reserve bank found irregularities which were pointed .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad70; (1951)IMLJ115
..... 'liberty of the press' and the 'freedom of speech and expression' guaranteed under article 19(1) of the constitution cannot be affected. in spite of the able argu 1951 madras/12 & 13merits advanced by mr. nambiar, we must confess, we cannot agree with him on the several points raised by him. 41. in this connection, mr ..... exactly be the meaning of the guarantee of 'freedom of speech and expression' in our constitution in relation to the impugned sections of the press (emergency powers) act. in this connection, it must be remembered that the constitutional guarantee of the 'freedom of speech and expression' incur constitution is intended only to secure the ..... as distinguished from libel on private individuals, in the early stages, the supreme court of the united states thought that, when words directly urge or cause unlawful acts, a paramount social interest was involved and any legislation by the state controlling the expression of such words would be legal. however, at a later stage, the .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)481; (2003)2BOMLR562; 2003(2)MhLj105
..... before the child welfare committee afterbeing rescued under the immoral traffic (prevention) act, 1956 or foundsoliciting in a public place. only the parents/guardian of such juvenileshould be permitted to make representations before the child welfarecommittee through themselves ..... guardian is found unfit to have the care and custody ofthe rescued juvenile, the procedure laid down under the juvenile justice(care and protection of children) act, 2000 should be followed for therehabilitation of the rescued child. (f) no advocate can appear before the child welfare committee onbehalf of a juvenile produced ..... that the ossification test indicated that the girls were minors. they were taken charge of from a brothel. they were clearly victims of circumstances, acting at the dictates of the brothel keeper. they were therefore children in conflict with law and ought to have been produced before the child welfare .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC828; [1966]2SCR172
..... the resolution of the panchayat samithi dated may 29, 1961. 3. a resume of the said facts leads to the following factual position. before the act came into force, the primary health center was inaugurated at dharmajigudem presumably subject to the condition that the said village would comply with the conditions laid ..... district that the question of shifting the primary health center form dharmajigudem to lingapalem should be left to the decision of the panchayat samithi constituted under the act. the president of the panchayat samithi chintalapudi block, was requested to place the resolution dated august 14, 1959, of the block planning and development committee ..... resolution for locating the primary health center at lingapalem and passed after the representatives of the two villages settled their disputes. on september 18, 1959, the act came into force and under s. 3 thereof a panchayat samithi was constituted for chintalapudi. on january 7, 1960, the government informed the collector of west .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC388; (1986)1CompLJ198(SC); 1985(2)SCALE1088; (1986)1SCC26; [1985]Supp3SCR758; 1986(1)LC152(SC)
..... in both cases the statute further requires that the central government should be satisfied that the effective functioning of the undertaking is necessary for the purposes of the act, that is to say, for maintaining the continuity of the production of sugar, for avoiding undue hardship to cane producing farmers and far best subserving the interests ..... the high court, and it granted relief on the writ petition.7. it is apparent from an analysis of the provisions of the ordinance and thereafter the act which replaced it, that the principle purpose of the legislation is to put mismanaged sugar undertakings into proper functioning order by empowering the central government to assume the ..... the undertaking during the immediately preceding sugar year; and(c) that in either case the effective functioning of the undertaking is necessary for the purposes of this act,the central government may issue a notice in such form and in such manner as may be prescribed to the owner or the manager of such sugar .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC7; (1953)IMLJ108(SC); [1953]4SCR232
..... the personal heirs of dhuj singh determined according to the general law of inheritance and not the successors to the estate under the special provisions of the oudh estates act, for paragraph 6 of the will mentioned above is expressly intended to protect the personal heirs of dhuj singh from eviction from the properties in question by the ..... under the will of his father, succession to such properties after his death would certainly be regulated by the special rules of succession laid down in the oudh estates act, and not by the ordinary law of inheritance. but section 14 would have no application if the disposition by the will did not make dhuj singh an absolute ..... the plaintiff was entitled to succeed to the taluqdari properties at any rate, under the provision of section 14(b) read with section 22(5) of the oudh estates act. 4. the defendant in her written statement resisted the plaintiff's claim primarily on the ground that bisheshwar bux singh, as the full owner of the properties, was .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1988Raj154; 1987(2)WLN268
..... of the constitution in the preamble, giving supremacy and primacy to the rent control laws, it has virtually made the general laws like transfer of property act or contract act as subsidiaries, and as i think, all these laws have now become subservient and secondary laws.22. i, therefore, cannot agree with the view taken ..... court, makes it very clear that once rent control laws occupy the field in a particular geographical area, then, the provisions of the transfer of property act, even for the purposes of giving a notice and termination of tenancy, becomes irrelevant and redundant, because the relationship of landlord and tenant is exclusively and ..... the ejectment, by hyper-technical interpretation of sub-sections (2), (3), (4) & (5) of section 13 of the rajasthan premises (control of rent & eviction) act, 1950. 'the pivot of debate in the instant case, therefore, is between the interpretation of rent was in consonance with 'social justice' against the hair splitting interpretation based .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC218; 1984(2)SCALE769; (1985)1SCC345; [1985]2SCR72; [1986]62STC130(SC)
..... that nothing in sub-sections (3) and (4) shall apply to a person carrying on the business of warehouseman who is licensed under the punjab warehouses act, 1957 (punjab act no. 2 of 1958).section 25 provides for the creation of a. marketing development fund out of which the board has to defray its expenditure. section 27 ..... they do not interpret judgments. they interpret words of statutes, their words are not to be interpreted as status. in london graving dock co. ltd. v. horton 1951 ac 737, lord mac dermot observed :the matter cannot, of course, be settled merely by treating the ipsissima verba of willes, j.' as though they were part of ..... . the establishment, maintenance and improvement of the market is one of the purposes for which the market committee fund might be expended under section 15 of the act. the other services such as the provision and maintenance of standard weights and measures, the collection and dissemination of information regarding all matters relating to crop statistics .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1974Guj129; (1974)0GLR411
..... , to see whether there is any violation of principles of natural justice. it is significant to note that the authorities referred to in section 37 of the act which includes the charity commissioner amongst them, have been given supervisory jurisdiction over such public trusts.24. in the charity commissioner, bombay v. the municipality of ..... those observations, it is observed:'rules of natural justice cannot remain the same applying to all conditions. we know of statutes in india like the goonda acts which permit evidence being collected behind the back of the goonda and the goonda being merely, asked to represent against the main charges arising out of ..... under enactments specified in the schedule for the purpose of recording entries relating to such trust in the register kept under section 17 of the act. section 40 of the act reads :'the charity commissioner shall, after considering the -report of the deputy or assistant charity commissioner, giving an opportunity to the person concerned .....
Tag this Judgment!