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 : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632
..... affairs of the banking company are being conducted to the detriment of the interests of its depositors may, after giving such opportunity to the banking company to make a representation in connection with the report as, in the opinion of the central government, seems reasonable by order in writing. (a) prohibit the banking company from receiving fresh deposits ..... sha, inc. tokyo japan, p. vi (ba 4). 57. it is also interesting to note that arts. 22 and 29 of the japanese constitution guarantee to the people the freedom to own property and choose occupations, much as has been done under our constitution. 58. in the united states of america, banks are regarded as proper ..... was pointed out that the banks were 'spread out into the rural interior of the state', and the main business of these banks was 'to finance the rural people engaged in a small business-crop raising, produce processing, transporting, vending, etc.' it was argued that to a rural bank of this kind the standards of a commercial .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)ESC2162
..... for reasons to be record in writing :provided that no such order against the recognised institution shall be passed unless a reasonable opportunity of making representation against the proposed order has been given to such recognised institution :provided further that the order withdrawing or refusing recognition passed by the regional ..... to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.39. certain principles of policy to be followed by the state :the state shall, in particular ..... of the state policy (part-iv of the constitution of india), the constitution commands the state to discharge certain duties of course, for the peoples of their own territorial jurisdiction. article 38(2) of the constitution of india commands the state strikes to minimise the inequalities in status, facilities and .....
Tag this Judgment!Court : Mumbai
Reported in : 1986MhLJ882
..... them to the persons belonging to these categories a power which is to be exercises without the consent of the landlord. or without providing for the representation by the landlord to the choice of the tenant and compelling the landlord toaccept whoever is alloted the premises as the tenant. these powers verge almost ..... it can make no difference that instead of such a tenant the controller choose a private individual as a tenant. the idea of this provision is that people in need should be found accommodation. persons in need of accomodation are the public and therefore serving their needwould be servinga public purpse. an individual would ..... of the state legislature and is seriously consdering the question of having a unified legislation presumably the legislature understands and correctly appreciates the needs of tis own people, its laws are directed toproblems made manifest by experience and tis discriminations are bases on adequate ground as pointed out in ram krishna dalmia v. justice s .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1285; (1981)1SCC11; [1980]3SCR689
..... the liability of hungerford, the latter could have taken recourse to voluntary liquidation. hence there could be no doubt that acting on the basis of the representation made by turner morrison, hungerford placed itself in a disadvantageous position. hungerford raised the plea that the resolution was of the company, afforded a good ..... submitted as erroneous as in the affidavit filed in support of the writ petition, the petitioners had pleaded in paragraph 2 that on the faith of the representation, the petitioners purchased the plots and constructed establishments, the learned counsel is, therefore, right in his submission that the third objection raised before the high ..... if our nascent democracy is to thrive different standards of conduct for the people and the public bodies cannot ordinarily be permitted. a public body is, on our judgment, not exempt from liability to carry out its obligation arising out of representation made by it relying upon which a citizen has altered his position to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1977Guj23; (1976)GLR1152(GJ)
..... their objections in writing under sub-rule (3) are to be afforded sufficient opportunity of stating their views and that no decision shall be given until the representations made by or objections raised by the persons affected are duly and properly considered by the town planning officer. it is only an additional opportunity prescribed to ..... planning officer. the underlying object in causing such wide publicity is to see that every owner of any property or right which is injuriously affected may make representation or raise objections before the town planning officer. the public notice contemplated under sub-rule (3) is only at the stage of the draft scheme publication. ..... state government, provided a majority of the owners in the area make, such a request for the withdrawal of the scheme. the state government, on such representation by majority of the owners make an inquiry arid direct that the scheme shall be withdrawn, section 53 deals with the consequences of the publication of the final .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1986]60CompCas568(AP)
..... that the first defendant was treated as successor-in-interest of the original lessee. these facts clearly disclose that his is not a case of a mere acquiescence without any representation by words or conduct but the plaintiffs and their predecessors-in-title have accepted the assignment in whatever manner the original lessee did to the first defendant and received the ..... doctrine of acquiescence operating as an estoppel was founded on fraud. acquiescence differs from estoppel in that for acquiescence it is not necessary that a person should have made any representation by words or conduct that he did not intend to enforce his rights. (see proctor v. bennis, [1887] 36 ch 740 bown l.j. this doctrine is intended to relieve .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349
..... ) of the clra act (referred to in this judgment as 'the prohibition notification') prohibiting the employment of contract labour in four specified stockyards of the appellants at calcutta. on the representation of the appellants, the government of west bangal kept in abeyance the said notification initially for a period of six months by notification dated august 28,1989 and thereafter extended ..... other similar forms of forced labour. the directive principle of state policy incorporated in article 38 mandates the state to secure a social order for promotion of welfare of the people and to establish an egalitarian society. article 39 enumerates the principles of policy of the state which include welfare measures for the workers. the state policy embodied in article 43 .....
Tag this Judgment!Court : Karnataka
Reported in : 1999CriLJ1558; 1999(4)KarLJ247
..... -ness, to convert slackness into laches and disentitle a person from approaching this court in its extraordinary jurisdiction. but where distance in time is linked with negotiation, representation and its consideration, the argument of passage of time stands diluted. further even though reduction of area, grant of fresh lease as far as possible to one acre ..... detected in time is sure to maligns the polity of a country leading to disastrous consequences. corruption is opposed to democracy and social order being not only anti-people but aimed and targeted against them. it affects the economy and destroys the cultural heritage. unless nipped in the bud at the earliest, it is likely to ..... chief minister. that is in itself a rather extraordinary and unusual occurrence and if these charges are true, they are bound to shake the confidence of the people in the political custodians of power in the state, and therefore, the anxiety of the court should be all the greater to insist on a high degree of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC112; JT2009(10)SC509; (2009)6MLJ510(SC); 2009(10)SCALE416:2009AIRSCW5676:2009(5)LHSC3054
..... provisions contained insub-section (1) of section 18 being procedural in nature, filing of an application for reference in writing is not imperative.2. by reason of the representations made by the land owners that they were not satisfied with the amount of compensation awarded in their favour, they called upon him to make a reference which has ..... stated that in the year 1996, the state government made reference in about 80 matters the validity and/or legality whereof was not questioned by the appellant. representations, therefore, were again made for making reference in the rest of the cases which were rejected by an order dated 18.10.2000, stating that the ..... make claims for compensation before him. in effect this section requires the collector to issue two notices; one in the locality of acquisition and other to occupants or people interested in the lands to be acquired. it is a mandatory provision.33. next step in the process of acquisition requires a person to deliver names or information .....
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