Court : Orissa
Reported in : AIR1951Ori378
..... characteristics of a coparcenary interest are that it arises by birth and lapses by death, except in so far as such lapse is prevented by the right of representation inhering in the three direct lineal male descendants of the coparcener. the fluctuating nature of a coparcenary interest is merely the result of these characteristics being a common feature ..... two reading or two interpretations are equally admissible, this doctrine would give preference to the one which would render a larger measure of. benefit to a larger number of people. with reference to this, my learned brother das, j. in his judgment in paragraph 43 has said'but it is not clear what particular class of women are ..... attention to the fact that it is not a case in which we are going against a series of judgments which had founded legal rights and obligations amongst the people. even so, that there will be a few cases in which completed private transactions will have to be reopened should not stand in our way of interpreting .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... appeal no. 4412 of 1985, to reply within twenty-four hours to the allegation of negligence in the maintenance of provident fund accounts. ganguli made a representation as also gave a detailed reply to the said show cause notice. thereafter by a letter dated february 26, 1983, signed by the chairman-cum- ..... and iv in the constitution. 36. the preamble to the constitution, as amended by the constitution (forty-second amendment) act, 1976, proudly proclaims: we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens: justice, social, economic and political ..... and another headed 'directive principles of state policy'. they were aware that the constitution of japan also contained a chapter headed 'rights and duties of the people'. they were aware that the major traditional functions of the state have been the defence of its territory and its inhabitants against external aggression, the maintenance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... constituent assembly. the advisory committee on fundamental rights and minorities, to be set up at the preliminary meeting of the assembly, was to contain due representation of all the interests affected; and one of its functions was to report to the constituent assembly on a scheme for the administration of tribal and ..... that perpetual isolation from the main currents of progress would not be a satisfactory long-term solution: and that it would be necessary to educate these people ultimately to become self-reliant. in this direction practically nothing had been achieved. the commission observed. the responsibility of parliament for the backward tracts will ..... nations and ratified by india, by article 1 "right to development" became part of an inalienable human right. by virtue thereof, every human person and all people are entitled to participate in, contribute to, and economic, social, cultural and political development, in which all human rights and enjoy fundamental freedoms would be fully .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]84CompCas230(Guj)
..... the class of the equity shareholders. since such a separate meeting of this distinct class is no convened or held, his group has no opportunity of representation and of presenting its views against the proposed amalgamation. instead of a separate meeting of the shareholders a common meeting of the shareholders has resulted in the ..... page 873) : speaking very generally, in order to constitute a class, members belonging to the class must form a homogeneous group with commonality of interest. if people with heterogeneous interest are combined in a class, naturally the majority having a common interest may ride rough shod over the minority representing a distinct interest. one test ..... is approved by a thumping majority of shareholders should be to scrutinise the scheme to find out whether it was a reasonable scheme which can by reasonable people conversant with the subject be regarded as beneficial to those who are likely to be affected by it. the burdens always lies on the petitioner-company .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC531; 2009(7)SCALE164; 2009(7)LC3482(SC)
..... permanent absorption of the writ petitioners, upon which the continuous strike was withdrawn by them. writ petitioners, in para 15 and 16, have referred to a representation dated 20.6.1995 and have further asserted that recently vacancies had cropped up in the office of registrar throughout the west bengal and, therefore, the names ..... license and that their service conditions were almost alike to the ldcs.24. in para 14 of the writ petition particularly, writ petitioners referred to the representations given by them for their permanent absorption as copywriters under the respondent state. a reference is made to demonstration in the year 1995 and a further reference ..... agitation was withdrawn on the basis of the assurances given by the finance minister of state of west bengal and yet nothing was done, and their several representations were ignored. it was then pleaded that various vacancies had cropped up in the office of the registrars throughout the state of west bengal under the inspector .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... from the order passed in a.o. (stamp) no. 522 of 2001. they knew that the property was acquired by the state and yet gave a false representation in their undertaking along with application which was entertained by the repair board against the interest of lawful authority viz. the state government. they obtained consent letters without ..... mr. sachin ahir whose role in this matter has been far from satisfactory and in conflict with the state policy. maharashtra and mumbai is not short of competent people, particularly those from the areas of town planning, administration and architecture, who ought to be at the helm of affairs in such organisations. it is undoubtedly for ..... large housing complexes in different parts of the city such as worli, bandra, andheri, goregaon, kurla, vikhroli, just to mention a few areas where lakhs of people have been staying. power under section 41 has to be utilised for such schemes to provide housing to larger sections of society. at least that is the direction .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
..... . poverty demands affirmative action. its eradication is a constitutional mandate. the purpose of article 16(4) is to give adequate representation in the services of the state to that class which has no representation. this article carves out a particular class of people and not individuals from the weaker sections and the class it carves out is the one which does not have ..... adequate representation in the services of the state. pandian j., in his concurring but separate judgment had observed:though 'equal protection' clause .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All596
..... charles ii granted in 1683 declared that a court of judicature should be established at such places as the company might appoint. in 1726, on the representation made by the company. george i by letters patent established mayor's courts at madras. bombay and calcutta. they were declared to be courts of record ..... been a clear transgression of the constitutional principles;(c) that it must be presumed that the legislature understands and correctly appreciates the need of its own people, that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds;(d) that the legislature is free ..... system or body of fundamental rules and principles of a nation. state or body politic that determines the power and duties of the government and guarantees certain rights to the people. webster's new twentieth century dictionary, second edition: organize; 1. to provide with an organic structure; to systematize. 2. to arrange ; establish; institute; bring .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC530; (1971)1SCC85; [1971]3SCR9
..... the arrangements made virtually by the statutory orders issued under section 290-a of the government of india act 1935 provision was made for the representation of the people of the merged states in the provincial legislature. as regards the unions of states wherever practicable popular interim ministries were set up to conduct ..... the extra provincial jurisdiction act, 1947 were to continue in force until repealed or modified. under the states merger order, 1949 provision was made for representation of the merged states in the legislature of the absorbing province, the apportionment of assets and liabilities as between the center and the provinces and ..... of seraikella : [1951]2scr474 case to undo the orissa merger agreements.381. the constitution contemplated political power of the president to recognise rulers. if people or disgruntled contenders for rulership were allowed to litigate by challenging either the recognition or by preferring a claim of recognition, the courts would not be .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi753
..... reasons for the act it is stated : 'inthe matter of its composition, the bill closely follows the recommendations of the press commission and guarantees predominant representation to members drawn from the press who will consist of working journalists, including working editors of both english and indian language newspapers, and persons who own ..... the press council bill was later introduced to implement these major recommendations of the press commission concerning the establishment of a press council in india consisting of people principally connected with the press which would safeguard the liberty of the press. the press council act, 1965 received the assent of the president on november ..... information from diverse and antagonistic sources is essential to the welfare of the public; (c) such freedom is the foundation of free government of a free people; (d) the purpose of such a guarantee is to prevent public authorities from assuming the guardianship of the public mind; and (e) freedom of .....
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