Court : Rajasthan
Decided on : Mar-31-1993
Reported in : 1993CriLJ2688
..... the apex court distinguished the judgment of the supreme court in the case of santosh anand in view of the specific provision contained under section 8 of the act, which requires for making the representation to the appropriate government only and not to the detaining authority. the apex court, after distinguishing the authority of the supreme ..... a document is in the public interest or not, held that the question of public interest is not justiciable and although the constitution of india and the act have left it to the detaining authority to decide what materials and particulars should be withheld, the court must at least be satisfied that the authorities have ..... , chautan and the village crime book of village khalefe ki babad, the district magistrate, barmer, was satisfied that with a view to preventing the petitioner from acting in any manner prejudicial to the security of the state, his detention is necessary and issued the order annexure 1 ordering the detention of the petitioner in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1993
Reported in : AIR1993SC2335; JT1993(4)SC308; 1993LabIC2035; (1994)ILLJ94SC; 1993(3)SCALE260; (1993)3SCC723; [1993]Supp1SCR339
..... any discrimination, since they belong to different services.73. in the final analysis, it is difficult to uphold the challenge to the provisions of the act and the rules. these provisions merely try to restore the old position of banning private practice with reference to holders of posts in the 13 teaching ..... government, an ordinance was promulgated known as west bengal health service ordinance, 1990. the said ordinance was thereafter replaced by west bengal health service act, 1990 (west bengal act vii of 1990). the statement of objects and reasons reads as follows:the existing west bengal health service consists of about 8,000 (eight thousand ..... therefore, to be rejected.11. the seventh contention that the enhanced age of superannuation prescribed for the members of the wbmes under section 16 of the act is discriminatory is difficult to under stand. the two services being distinct and their duties and functions being different, different service conditions can be prescribed for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-1993
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... of sub-section (2) as well as clause (c) of sub-section (2) inserted in section 5-a of the 1951 act by act 8 of 1980 as being unconstitutional.208. in transferred cases nos, 93 and 94 of 1991, shri k.n. bhatt and shri ..... in my view, are however, severable from the other provisions which have been inserted in the 1950 act and the 1951 act by the 1976 act and the 1980 act and the striking down of the impugned provisions does not stand in the way of giving effect to the ..... of twelve seats for sikkimese of bhutia and lepcha origin under sub-section (1-a) inserted in section 7 of the 1950 act by act no. 8 of 1980, shri r.k. jain, the learned senior counsel, appearing as amicus curiae for the petitioner in t ..... followed by proclamation dated february 5, 1974 issued by chogyal of sikkim. the said proclamation known as the representation of sikkim subjects act, 1974, provided that for the purpose of election to the sikkim assembly, sikkim would be divided into thirty-one territorial constituencies .....
Tag this Judgment!Court : Chennai
Decided on : Apr-21-1993
Reported in : [1995]214ITR93(Mad)
..... stamp duty on the certificates of enrolment of advocates observed that if the said levy is part of the conditions prescribed by section 24 of the act (advocates act), which an advocate must satisfy before he becomes entitled to practise, any legislation relating to it would be within the competence of parliament, but that ..... appalwar v. state of maharashtra, : [1985]2scr224 did not deal with a taxing enactment, but only dealt with maharashtra restoration of lands to scheduled tribes act, which annulled the illegal transfers effected by scheduled tribes, of agricultural lands which were earlier given to them by the government. 40. in federation of hotel ..... regard. this ratification question came before the supreme court in sajjan singh v. state of rajasthan, : [1965]1scr933 . there, where the constitution. (seventeenth amendment) act, 1964, by which article 31a, coming under part iii of the constitution, was amended, the argument was that though part iii was not expressly included in clauses .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-18-1993
Reported in : 1994(2)BomCR641
..... present technical developments, innovative methods of teaching and have reduced the age. this shows they are alive to the situation and the circumstances and have acted properly. this cannot enable the petitioners to contend that the regulation is arbitrary or discriminatory.regulation 89(1) :47. this regulation requires 3 years ..... to the social, political or economic needs of our developing nation fostering secular values breaking the barriers of casteism, linguism, religious bigotry and it should act as an instrument of social change. education system should be so devised as to meet these realities of life. education nourishes intellectual advancement to develop dignity ..... the learned advocate appearing for the petitioners is that the impugned regulations do not come within the ambit of section 36(2)(c) of the act as only general conditions regarding governing admission of regular and private candidates for the final examination and the conditions regarding attendance and character, on the .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-1993
Reported in : 1993CriLJ3738
..... ahmad was also detained in pursuance of the order dated 12-8-1992 passed by the district magistrate, kanpur under section 3(2) of the national security act, and the grounds of detention served on the petitioner as well as the said suhel ahmad are similar relating to activities in which the petitioner along with others ..... disposing of the representation of the petitioner, the provisions of article 22(5) of the constitution as well as the provisions of section 14 of the national security act have been violated rendering the detention of the petitioner illegal as well as unconstitutional. it was also asserted that co-detenu, the real brother of the petitioner, namely ..... on the ground that the reference to the advisory board was not made within three weeks from the date of detention as required under section 10 of the act and also that the representation of the petitioner was not placed before the advisory board: that the detaining authority did not forward the representation to the union .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-21-1993
Reported in : (1994)106PLR95
..... document which comes into force after the death of executant. this special document requires a special mode of proof, as required under section 63 of the indian succession act. the proponder of the will is also expected to remove all suspicions attached to its execution. with this background of law, the evidence produced in the present ..... the lower appellate court referred to rule 3(2) of the punjab document writers licensing rules, 1961, framed under section 69(1)(bb) of the indian registration act to the effect that a document presented for registration must be written by the licensed document- writer or by the executant himself. there is no merit in this contention ..... such a rule which prohibits documents scribed by advocates who have been duly enrolled for practice in law by the bar council under the provisions of the advocates' act, suffice it to say that the practice of law is not limited only to the advocates' appearance and arguing cases in courts or tribunals or semi quasi-judicial .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-14-1993
Reported in : 1994CriLJ2026
..... 207a(4), (6) and (7) of the code of criminal procedure. after considering the definition of the word 'evidence' in section 3 of the indian evidence act the court held that there is no restriction in this definition to documents which are duly proved by evidence. normally in a criminal trial, the court can proceed on ..... such statements have to be in relation to matters to fact which are under inquiry. it is also mentioned that these statements are called 'oral evidence'. the indian evidence act has made distinction between 'oral evidence' and 'documentary evidence'. documentary evidence is dealt with in sub-clause (2). but at present this court is concerned only with ..... the word 'evidence' has been used in section 319 of the code of criminal procedure. the word 'evidence' has been defined in section 3 of the indian evidence act as under:-'evidence'.- 'evidence' means and includes -(1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters .....
Tag this Judgment!Court : Orissa
Decided on : Jan-08-1993
Reported in : AIR1993Ori180; 75(1993)CLT352
..... the majority, therefore, felt that the direction given by the earlier constitution bench needed to be recalled, because the maxim 'actus curiae neminem gravabit' (meaning an act of the court shall prejudice no man) required rectification of the injustice, as otherwise injustice noticed would have remained for ever as a blot on justice. the ..... that the 'enormity of the consequences' calls for recalling our direction and secondly 'the vital error' which crept into the judgment would show that this court acted without jurisdiction.39. let us first see what consequences really follow from our direction. according to shri patnaik, if this court could direct the state government to ..... ', though whether such a matter is there or not has been left to the subjective opinion of the appropriate government. the objective standard mentioned in the act is to guide and control the discretion of the appropriate government, and so, it is permissible to compel the government by an appropriate writ to discharge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-13-1993
Reported in : AIR1993SC2063; [1994]79CompCas298(SC); (1994)2CompLJ430(SC); JT1993(4)SC399; 1993(3)SCALE125; 1993Supp(4)SCC226; [1993]Supp1SCR54
..... chit fund organisation and where the district judge had dismissed the suit for want of a licence under section 9(2) of the hyderabad money lenders act (act v of 1349 f.) and on revision, the question that came for consideration was whether the chit fund organisation could be regarded as a money lender ..... 400 023dfo(coc) no. 352/50(1)/89-90february 28, 1990phalguna 9, 1991 (saka)to,all state governments/union territories.dear sir,chit funds act, 1982 (central act 40 of 1982)rules to be made thereunder._____________________________________the state government arc aware that a batch of writ petitions challenging the validity of the provisions of ..... to be the main contention of the appellants/petitioners in all these matters. according to some of them their companies are registered under the companies act and the companies act provides sufficient regulatory measures over their business by prescribing provisions for running the day-to-day business through board of directors who are responsible to .....
Tag this Judgment!