Court : Supreme Court of India
..... of india limited vs. united industrial bank limited and ors. [(1983) 4 scc625, this court highlighted the equitable principle underlying section 41 (b) of the specific relief act, 1963 as under: 8. it is, therefore, necessary to unravel the underlying intendment of the provision contained in section 41(6). it must at once be conceded that ..... in cases where the subordinate court has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity that the revisional jurisdiction of the high court can be properly invoked. it is conceivable that points ..... the plaintiff is entitled to under law and equity.4. according to the plaintiff, which is a private limited company, incorporated under the provisions of the companies act, 1956, it is engaged in the business of export of iron ore from paradeep port while defendant no.1 is also a company incorporated under the provisions .....
Tag this Judgment!Court : Supreme Court of India
..... nadu backward classes commission to show that there was inadequate representation, disproportionate to the population of the vanniakula kshatriyas, thereby culminating in the 2021 act, which aimed to achieve equitable distribution of reservation amongst mbcs and dncs. a perusal of the discussion in the earlier paragraphs would disclose that ..... mr. vaidyanathan contended that assent of the president had not been sought while granting separate reservation provided to the backward class muslims under the 2007 act and to the arunthathiyars, within the 18 per cent reserved for scheduled castes, under the tamil nadu arunthathiyars (special reservation of seats in educational ..... to give retrospective effect to constitutional amendments, it was specifically mentioned in the relevant amendment. our attention was drawn to the constitution (first amendment) act, 1951, by which changes to article 19(2) were given retrospective effect from the date of commencement of the constitution and article 31-b .....
Tag this Judgment!Court : Supreme Court of India
..... a memo filed by the tenant for correction of the survey number. a proviso has been added to section 48 a of the act by act no.31 of 1995 which has come into force w.e.f. 20.10.1995 which reads as under: provided further that ..... shown as ramakrishnappa. these applications were filed as early as on 30.10.1974 and on 31.12.1974. the karnataka land reforms act, 1961 is a beneficent legislation for granting occupancy rights to cultivating tenants of agricultural lands. it is a well settled canon of construction ..... odes not wish to unsettle the settled matter by entertaining the writ petition. petitioners have accepted the order of the land tribunal and have acted on the said basis for 13 long years. now it is not open for them to contend that they did not know the ..... , if found to be incomplete or incorrect the petitioner is liable to conviction and levy of penalties as provided under section 125 of the act. (17) in the form no.7 filed by mariyappa, he has admitted that survey nos.11/1, 4/2 and 4/7 .....
Tag this Judgment!Court : Supreme Court of India
..... 17 of the statute to employ teaching supporting staff and discharge all other administrative functions delegated by the authority.26. indisputedly, under the present scheme of the act 2007, the first statute came to be introduced by notification dated 23rd april, 2009 followed by later amendments made vide notification dated 23 21st july, 2017 ..... order passed by the director), has been reproduced 22 hereinabove, which in itself, depicts that the director, who is not the authority competent under the act, 2007 passed orders without due compliance of the procedure prescribed under the office memorandum dated 14th march, 2012 and that was the reason for which mhrd declined ..... be extended co terminus to the teacher, after going through the formal selection process, in terms of the formation of the selection committee provided under the act, 2007 and the statutes of nits to examine the candidature and ensure overall suitability of the teacher on fulfilment of the relevant conditions for grant of .....
Tag this Judgment!Court : Supreme Court of India
..... order in accordance with directions of this court. the registering authority has passed an order on 23.07.2016 under section 17(14)(a) of the act transferring the place of business of petitioner from noida to ghaziabad w.e.f. 20.01.2013 and consequently now the deputy commissioner, commercial tax, sector ..... under the uttar pradesh value added tax act, 20081, concerning the writ petitioner (respondent no.1 herein)2.3. the impugned orders have otherwise not been challenged by the state or by the writ petitioner ..... 1. the appellant is aggrieved of the orders impugned, insofar as adverse observations and remarks have been made and directions have been issued in relation to his acts and omissions while functioning as the deputy commissioner, commercial tax, range-ii, sector-2, noida, viz., passing ex parte assessment orders and enforcing recovery proceedings .....
Tag this Judgment!Court : Supreme Court of India
..... would not be treated as observations that are binding on the additional district judge, karnal, when he examines and decides the objections under section 34 of the act on merits.19. the appeal is allowed in the above terms with no order as to costs. ......................................j.(ajay rastogi) ......................................j.(sanjiv khanna) new delhi ..... of 87. on 28th march 2014, the appellant filed objections to the award before the additional district judge, karnal, under section 34 of the act along with an application for condonation of delay. upon notice, the respondent filed reply to both the objections under section 34 and the application seeking ..... april 2012, the respondent filed an application before the punjab and haryana high court under section 11(6) of the arbitration and conciliation act, 1996 (for short, the act ) for appointment of an arbitrator for adjudication of disputes in the subject contract.5. the application was disposed of vide order dated 19th .....
Tag this Judgment!Court : Supreme Court of India
..... for the high court to interfere with the same, particularly when the case did not involve any substantial question of law within the meaning of section 30 of employees compensation act, 1933. for what have been discussed and observed hereinabove, this appeal succeeds and is allowed. the impugned judgment and order dated 15.11.2018 passed by the high court of .....
Tag this Judgment!Court : Supreme Court of India
..... couldn t have willingly handed over his licensed rifle to the accused gurpreet singh @ titu for committing the murder, in contravention of the license rules under arms act. 912. on behalf of the respondent state, the deputy superintendent of police (rural), rupnagar, filed written submissions by way of an affidavit stating that the appellant ..... high court, challenging the trial court s order of conviction and sentencing. the high court upheld the appellant s conviction under sections 29 & 30 of the arms act as the prosecution successfully established that appellant was the license holder of the double barrel 12 bore rifle, used in the murder of deceased by accused gurpreet singh ..... 302 r/w 34 ipc sukhjit kaur section 120-b ipc section 302 r/w 34 ipc tarlochan singh (appellant) section 120-b ipc4sections 29 & 30 arms act the accused, including the appellant pleaded not guilty and claimed trial.5. in order to substantiate the case, the prosecution examined twenty-eight (28) witnesses and .....
Tag this Judgment!Court : Supreme Court of India
..... -2. such communication has come on record from the official source which would carry presumption of correctness under section 114 of the indian evidence act, 1872 that the official acts have been regularly performed. the original record was not necessarily required to be proved by summoning the government officials as such document was produced by ..... contrary, that should the property be at any resumed by the state government the compensation payable therefor shall, notwithstanding anything to the contrary in the land acquisition act, 1894, in no case exceed the amount, if any, paid to the state government for the transfer together with the cost or the present value, ..... 3.2022, attention of the counsel for the plaintiff was drawn to the full bench judgment of punjab & haryana high court in rajender parshad declaring the 1974 act as illegal. therefore, vesting of land to shamilat deh on the strength of the aforesaid statute itself was not tenable. however, mr. sanchar anand, learned counsel .....
Tag this Judgment!Court : Supreme Court of India
..... a school conducted by any management and recognised or deemed to be recognised under this act, and includes a principal, vice principal, head master, head mistress, assistant head master, assistant head mistress or superintendent thereof10. sub rule (2) of rule 36 ..... decisions taken by the management.9. the word head is defined in section 2(9) of the maharashtra employees of private schools (conditions of service) regulation act, 1977 as follows: head of a school or head means the person, by whatever name called in charge of the academic and administrative duties and functions of ..... appearing for the first respondent and the learned counsel for the state of maharashtra.3. the appellant is an educational society registered under the bombay public trusts act. it is running an institute of pharmacy at gadhi georai dist., beed. in the year 1991, the first respondent herein was appointed as the principal of .....
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