Court : Rajasthan
Reported in : 1991(2)WLN513
..... assigned for a.c.rs. and how much marks is to be assigned to the interview. this confers uncanalised power on the committee. the committee is in a position to act according to its whims therefore such policy is discriminatory and arbitrary. as the law has been laid down by a series of judgments by the hon'ble supreme court that ..... with law.4. the petitioner is an association of the officers of the state bank of bikaner and jaipur. it is a trade union registered under the indian trade union act bearing registration no. 2/86. it has as its members a large number of officers of the state bank of bikaner and jaipur. it is alleged that the petitioner is ..... exercise of the power by the delegated authority and it leaves everything to the whims, therefore, some of the provisions were struck down and it was observed as under:the act does not lay down any guideline for the exercise of the power by the delegated authority, as a result of which the authority is in a position to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR3556; 1992(1)KarLJ589
..... mr. dhanuka, learned counsel for the appellants, that in the event the other awardees who were awarded paltry sums by the award under section 11 land acquisition act, do not refund sums withdrawn, the appellants are prepared to refund and/or deposit the said sums. therefore, we conclude that on the ground of delay the ..... lands have accepted the compensation because in industrial development & investment co. pvt. ltd. v. state of maharashtra it is stated thus:'...the state itself which has acted illegally and without jurisdiction cannot plead that it should be allowed to retain the sum awarded in its favour by the land acquisition officer. respondent 5 who is ..... in the village chawadi. on 14-5-1982 copies of the said notification were served on the appellants. thereafter the statutory enquiry under section 5a of the act was held. the advocate appeared on behalf of the objectors and put forth several objections. those objections were overruled. thereafter section 5a enquiry report was sent on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)101PLR90
..... of the learned counsel either. admittedly, the tenancy was to expire from 1st january, 1987. the landlord under the provisions of section 106 of the transfer of property act had necessarily to give notice of fifteen days ending with the last date of the calender month. in these circumstances, he was well within his rights to accept the ..... he had not refused any notice sent by the landlord, the presumption that initially might have been for issuance of notice under section 106 of the transfer of property act, stood sufficiently rebutted. in such a situation, the tenant ought to have led evidence in rebuttal to prove that the endorsement made by the postman on the ..... appeal in this court.3. the main contention of the learned counsel appearing for the tenant-appellant is that notice under section 106 of the transfer of property act, which was a necessary prelude for instituting the suit of the present kind was not proved to have been served or properly served upon the tenant the endorsement .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi540
..... authorisation from a competent court for transfer of the share of the minor. guardian has been defined in section 4(b) of the hindu minority and guardianship act, 1956 (hmg act for short). it says that 'guardian' means a person having the care of the person of a minor or of his property or of both of ..... no. 30(70) in view of the fact that the impugned agreement is specifically enforceable and under explanationn (1) appended to section 10 of the specific relief act, the court shall presume, unless and until the contrary is proved, that the breach of a contract of transfer immovable property cannot be adequately relieved by compensation in ..... contracted to sell previously. the transfer of ownership will necessarily carry with it the obligation to transfer possession also. even section 19(b) of the specific relief act provides that specific performance of a contract may be enforced against either party thereto or other persons claiming under him by a title arising subsequently to a contract, .....
Tag this Judgment!Court : Chennai
Reported in : 1992CriLJ3086
..... through reliable source that the petitioner had received some payment under instructions from a person from dubai, decided to take action under s. 37 of the act and accordingly issued the search warrant which led to the search and seizure of the currency and other documents from the residential premises of the petitioner. we ..... to the judgment of the high court and whilst the appeal was pending in the supreme court, the ninth schedule was amended by the constitution (fortieth amendment) act, 1976 by the inclusion of the west khandesh mehwassi estate (proprietary rights abolition etc.) regulation 1961. dealing with effect of the inclusion of the west khandesh mehwassi ..... is illegal and the first respondent is illegally detaining the currency seized from his premises for the past seven months under s. 41 of foreign exchange regulation act, 1973, hereinafter called the fera. section 41 of the fera imposes an unreasonable restriction on the freedom of an individual to carry on his trade, business .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT106(HC)
..... even assuming that such directions contained provisions for reservation, would be binding upon the bank, unless the same were issued under section 8 of the nationalisation act.46. mr. roy lastly submitted that there was a marked distinction between the expression 'reservation of vacancies' and the expression 'concessions' for scheduled ..... as indicated above, the first point for consideration is whether directions given by the central government, apart from those given under section 8 of the nationalisation act, are binding on nationalised banks. while mr. majumdar, appearing for the writ petitioners, has contended that nationalised banks, being public sector undertakings, are ..... follow the directions given by the central government from time to time with regard to policy matters involving public interest. section 8 of the natitnalisation act, in my view, simply indicates that while discharging its functions, the banks will be guided by such directions with regard to policy matters involving .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]77CompCas97(Kar); ILR1992KAR1262; 1992(2)KarLJ614
..... mentioned in the petition as well as in the prayer portion of the petition. the contention of the petitioners is that section 155 of the companies act is wide enough to enable the petitioners to seek rectification of the register of members of the first-respondent company pertaining to other members other than the ..... , and, therefore, non-compliance with the requirements prescribed thereunder make the instrument not duly stamped and, therefore, it shall not be received in evidence, registered or acted upon. 42. of course, with regard to this illegality, it is the contention of sri jayaram, learned counsel for respondents nos. 3 to 6 that respondents ..... petitioners except the fourth petitioner; therefore, no injustice would be caused to the parties if the court declined to exercise the jurisdiction under section 155 of the act. accordingly, the learned company judge dismissed the petition keeping it open to the petitioners to establish their right, if any, by resorting to any other remedy. .....
Tag this Judgment!Court : Delhi
Reported in : 46(1992)DLT409
..... of the indian penal code is an agreement by two or more persons to do or cause to be done an illegal act or an act which is not illegal by illegal means. the agreement is the gist of the offence. in order to constitute a single general ..... or surinder mehta. even otherwise as has been stated earlier, the petitioner is stated to have worked for surinder mehta in one single act of conspiracy for the export of 2.4 kgs. of heroin which he delivered to one sardarjee at the instance of surinder mehta ..... that purpose the whole matter can be disposed of with reference to the statement allegedly made by the petitioner under section 67 of the ndps act. he stated that on 21-11-87 when he entered room no. 317 of hotel ashoka to meet dev singh alias sukhdev ..... on the same date the ncb filed another complaint against the petitioner and one surinder mehta for offences under sections 29, 21 and 23 ndps act. it is alleged to have been done in a mala fide manner and to frustrate the orders of the high court. (2) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406
..... monetary regulations. the banks or non-banking institutions shall have to regulate their operations in accordance with, not only as per the provisions of the act but also the rules and directions or instructions issued by the rbi in exercise of the power thereunder. chapter 3b expressly deals with regulations of deposit ..... finance and investment co. ltd. and ors. etc., : [1987]2scr1 for short 'first peerless case' while holding that prize chits arid money circulation schemes (banning) act, 1978 does hot attract 'recurring deposits schemes', pointed out that the schemes harshly operate against the poor sections of the society who require security and protection; urgent action ..... premium, bonus or other advantages by whatever name called, accrued on the amount according to the terms of contract. section 45j and 45k of the act do not authorise the reserve bank of india to introduce a concept of liability which is contrary to the accepted commercial practice and trading principles. the impugned .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1992P& H274
..... also contends that the petition deserves to be dismissed on the ground that the petitioner did not disclose the facts with regard to earlier litigation, by which act of his he has disentitled himself from getting any discretionary relief under the writ jurisdiction of this court as also that the factum of misuser having been ..... any difference for the reasons that at least in part of the premises misuser has been admitted. that alone would have been sufficient under the provisions of the act of 1952 to entail an order of resumption contend the learned counsel for the respondents. on the question of purpose of allotment, mentioned in the conveyance deed ..... . joginder kaur, who exerts a lot of influence in the corridors of power got proceedings initiated against the petitioner under the public premises (eviction of unauthorised occupation) act, 1971. this action has been separately challenged by the petitioner by way of civil writ petition no. 8416 of 1991, which after notice is stated to be .....
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