Court : Rajasthan
Reported in : 1981WLN(UC)542
..... the cancellation of the allotment of sale of the land to the present petitioner in these writ petitions is concerned is quashed. the respondents are restrained from acting on it and taking further proceedings against the petitioners. however, this decision would not debar them from taking appropriate proceedings under the law, if so permissible ..... to the show cause notice. in a cause where land allotted to a citizen by the municipal board which is a statutory authority under the rajasthan municipalities act is sought to be cancelled. it was all the more necessary that the state government should have given the reasons in the impugned order. it is ..... chief settlement commissioner, but it does not authorise cancellation of sales after they are completed. no doubt, allotments can be set aside under section 24 of the act, but after such allotments ripen into sales, they cannot be cancelled. the chief settlement commissioner or the settlement commisssoner exercising his power has no authority to .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)83BOMLR423; (1981)IILLJ393Bom
..... by lawful means. obviously it should not be accompanied by illegal means such as violence, etc. section 18 does not afford exemption to the trade union from the acts of violence (see jay engineering works ltd. v. state of west bengal : air1968cal407 . railway board, new delhi v. niranjan singh, : (1969)iillj743sc , ..... various bodies or associations of cine artists, technicians and workers affiliated to the first defendants be restrained from in any manner whatsoever directly or indirectly :(i) acting upon, enforcing, implementing or taking or continuing any step, action or proceeding for enforcement or implementation of the directions contained in the first defendants' letter ..... pvt. ltd. which is a private limited company, filed a suit against the defendants mainly for an injunction restraining defendants, their agents and members from acting upon the directions issued by the defendants, no. 1 the federation and incorporated in the letter dated may 3, 1980. according to the plaintiffs the .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)1GLR664
..... dispute relating to the conditions of service between the employee and the employer school management. the jurisdiction vested in this tribunal under section 38 of the act, is a very limited jurisdiction. this tribunal cannot enlarge the jurisdiction because it would amount to encroachment on the jurisdiction of the ordinary civil court which ..... limine and secondly, whether the tribunal was right in its conclusion that the petition disclosed no cause of action in terms of section 38 of the act. the learned judge answered the first question against the petitioner of that special civil application holding that the tribunal was competent to reject applications before it ..... always be subject to judicial scrutiny by inquiring as to whether the formation of the said satisfaction had any factual basis or whether the executive had acted in good faith or whether the existence of relevant materials upon which the authority for exercise of executive power is protected are the vide ishwarlal girdharlal .....
Tag this Judgment!Court : Delhi
Reported in : 1981(3)DRJ82
..... statement of a prosecution witness falling under section 162 of criminal procedure code can be used only for the purposes of contradicting the said witness under section 145 of the evidence act, not for any other purpose, for instance, corroborating prosecution or a defense witness or even court witness, nor can it be used as substantive evidence in favor ..... that the information with regard to his treatment by dr. prem parkash was imparted by the appellant himself, the only fact admissible u/s 8 of the evidence act would be pointing out of the shop of dr. prem parkash by the appellant and not the fact as to how he had received the tooth bite. needless ..... deceased during the course of scuffle. under sections 25 and 26 of the evidence act, no confession made to a police officer can be proved against the accused. section 27 of the evidence act being the solitary exception. u/s 27 of the evidence act only a material fact which is discovered as a sequel to disclosure statement is admissible .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All490
..... from arbitrariness and any action taken by the state government should be informed with reasons. while dealing with public, the state government is required to act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be ..... it does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be ..... characterise every state action, whether it be under authority of law or in exercise of executive power without making of law. the state cannot, therefore, act arbitrarily in entering into relationship, contractual or otherwise with a third party, but its action must conform to some standard or norm which is rational and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1982)1ITD907(Chd.)
..... 40 per cent. however, the ito rejected this claim of the assessee on the ground that standard deduction provided under section 16(1) of the income-tax act, 1961 ("the act"), could only be allowed to the assessee because "the assessee is first and foremost a salaried person and all the relevant perks attached to his post are provided ..... corporation for earning the basic salary which he has himself shown as salary income but for earning the incentive bonus, which is neither covered by the payment of bonus act nor otherwise a part of salary as per conditions of employment, he has to put in efforts in propagating the virtues of insuring lives and securing business which ..... at 40 per cent claimed by the assessee.11. we have given very careful consideration to the rival submissions and the facts on record. chapter iv of the act deals with the computation of total income and in section 14 the heads of income are enumerated, salaries being the first. the connotation of salaries is provided in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1982All451
..... . on 4th sept 1980, however, this notification dated 15th dec. 1978, was also rescinded.8. in the, mean time, the parliament emended the motor vehicles act by act no. 47 of 1978 by introducing amendment in section 47. by this amendment, the parliament provided a scheme of preference. by inserting sub-sections (1), (1a ..... grant of stage carriage permits (except in respect of routes or areas for which schemes have been published under section 68-c of the motor vehicles act, 1939) to all eligible applicants. consequent upon the issuance of the said notification, another notification was issued laying down the procedure while considering the applications ..... and to providing greater employment and securing equitable distribution thereof it was considered necessary to amend sections 47, 50, 55, 57 and 64 of the motor vehicles act, 1939, suitably. accordingly, in the public interest and with the aforesaid objects in view the motor vehicles (uttar pradesh amendment) ordinance, 1972, was promulgated. .....
Tag this Judgment!Court : Delhi
Reported in : 22(1982)DLT3; 1983RLR522
..... performed by him.(2) she died on 24-10-1962. gupta applied for letters of administration on 29-1-1963 under section 278 of the indian succession act, 1925. the will was challenged by bal kishan dass, jai kishan dass, radhey sham and shayam sunder lal, sons of one kesho ram, on the one hand by objections filed on 8- ..... are not justified. a will has to be proved like any other document except as to the special requirements of attestation prescribed by section 63 of the indian succession act. ordinarily, when the evidence adduced in support of the will is disinterested, satisfactory and sufficient to prove the sound and disposing state of the testator's mind and ..... any one except mahant kanhai ram.(3) the learned district judge by his order dated 9-12-1963 allowed the prayer for grant of letters of administration to gupta. bal kishan and others did not file any appeal but instead opened another front and filed a civil suit no. 624164 for declaration that the will was forged, fictitious, illegal .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi201
..... substantially severable then they can be considered to come within s. 2(j)(d) constitutional and competently enacted legislative provisions may well remove from the scope of the act categories which otherwise may be covered thereby. v. we overrule safdarjung : (1970)iillj266sc solicitors' case : (1962)illj241sc gymkhana : (1967)iillj720sc delhi university : ..... invocation of creeds, cuits or inner sense of incongruity or outer sense of motivation for or resultant of the economic operations. the ideology of the act being industrial peace, regulation and resolution of industrial dispute between employer and workmen, the range of this statutory ideology must inform the reach of the ..... in england and in this country. the expression 'carries on business' has the connotation of permanence and of regularity to distinguish it from an isolated act or activity. the amplitude of the expression 'carries on business', however, could not possibly be construed as having been restricted merely because it is .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)8ITD67(Delhi)
..... 1968, as on that valuation date, the assessee was owning agricultural land and since agricultural land was not an asset within the meaning of the wealth-tax act, 1957 ('the act') the said asset cannot be included as wealth in the hands of the assessee while computing the assessee's net wealth for the purposes of its charge ..... of a notification of the above section, the land does not vest in the government. the land vests absolutely in the government under section 16 of the land acquisition act and the vesting is free from all encumbrances.16. section 16 deals with the topic 'taking possession' and deals with the power to take possession. it reads, ..... 'declaration of intended acquisition' and reads as under: 6. declaration that land is required for a public purpose.--(1) subject to the provisions of part v (i of this act, when the appropriate government is satisfied, after considering the report, if any, made under section 5a, sub-section (2), that any particular land is needed for a public .....
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