Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... 1956), in the place of the original 27 states and one area which were mentioned in part in the first schedule to the constitution, there are now only 14 states and 6 other areas which constitute the union territory mentioned in the first schedule. the changes thus made clearly illustrate the working of the ..... outside regions and climate and contributed to the rich cultural diversity. hindu religion developed resilience to accommodate and imbibe with tolerance the culture richness with religious assimilation and became a land of religious tolerance.260. swami vivekanand stated that right of religious system and ideals is the same morality; one thing is ..... regulation. the caste system though formed the kernal of hinduism, and as a matter of practice, for millenniums l/4th of the indian population (scheduled castes and scheduled tribes) were prohibited entry into religious institutions like temples, maths etc. on grounds of untouchability; article 17 outlawed it and declared such practice an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1775; 1994(2)ALT(Cri)173; 1994(2)BLJR912; [1995]82CompCas103(SC); 1994CriLJ2269; 1994(1)Crimes892(SC); 1994(46)ECC255; 1994(70)ELT12(SC); JT1994(1)SC290; 1994(3)SCC440
..... sine-quo-non for a magistrate taking into custody of a person when that person appears or surrenders or is brought before the magistrate and whether that person should have assimilated the characteristic of 'an accused of an offence' at that stage itself within the meaning of sub-section (1) of section 167 or sub-section (1) of section ..... such court and when no court is mentioned in this behalf, may be tried by the high court or other court by which such offence is shown in the first schedule to be triable. the combined operation of sections 4(2) and 26(b) of the code is that the offence complained of should be investigated or inquired into or ..... in the preceding part of this judgment.137. for the aforementioned reasons, we hold that the operation of section 4(2) of the code is straightaway attracted to the area of investigation, inquiry and trial of the offences under the special laws including the fera and customs act and consequently section 167 of the code can be made applicable during .....
Tag this Judgment!Court : Chennai
Reported in : 1993(42)ECC266
..... goals. for instance a right to reservation either under article 15(4) or 16(4) in favour of the scheduled castes, scheduled tribes or backward classes was made with a view to ameliorate their status socially, economically and educationally so as to assimilate those sections into the mainstream of society. the persons who do not belong to those classes, but produce a certificate ..... fraud on the constitution but also a denial to a reserved candidate and the general candidate as well. therefore, the plea of promissory estoppel should not be extended to such areas.though executive necessity is not always a good defence, this doctrine cannot be extended to legislative acts or to acts prohibited by the statute, (vide para 12).24. the statement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... right to be educated - especially in the primary stages in their own language. at the same time we should not interfere with the historical process of assimilation. we ought not to think that for hundred and thousands of years to come these linguistic minorities will perpetuate themselves as they are. the historical processes should ..... bags, transport etc. are not borne by states except in a very few cases by way of incentives to children of indigent families or those belonging to scheduled caste/scheduled tribes categories. the reason why the state government are unable to bear this additional expenditure is that 96% of expenditure only elementary education goes in meeting ..... on lands and buildings or on other item as the state government may notify. different scales of tuition fee can be prescribed for different institutions or different areas or different coursesof study, as the case may [section 7 provides for punishment which may extend to three years and fine in case of aviationof any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... 'backward' is very wide bringing within its fold the social backwardness, educational backwardness, economic backwardness, political backward and even physical backwardness.174. to assimilate the expression 'class' in its legal sense, the said expression should be strictly construed and tested on the principles of agreed criteria which throw ..... of man' in the french constitution of 1971 and 'declaration of human rights' etc. our constitution is unquestionably unique in its character and assimilation having its notable aspirations contained in 'fundamental rights' (in part hi) through which the illumination of constitutional rights comes to us not through an ..... amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.'article 46 contains a very significant directive to the state. it says:46. promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections. - the state shall promote with .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT20; 1992(23)DRJ461
..... appears to it to be necessary or expedient for securing the availability at fair prices and equitable distribution of any article or class of articles relatable to any scheduled industry, may, notwithstanding anything contained in any other provision of this act, by notified order, provide for regulation the supply and the distribution thereof and trade ..... various orders for procurement and distribution of paddy and rice. persons were appointed as procuring agents and wholesalers and their duty was to procure rice from specified areas at prices specified by the government, from time to time, and to deliver it at prices so specified to the government or to the persons-nominated ..... , and the freight pooling system provided by the control order was intended to secure uniformity in the. price for the benefit of the consumers and the deficit, areas having no cement factories. having upheld the validity of the ex-factory or retention price it was observed (at page 554) that: 'it would follow that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121
..... their right to be educated-especially in the primary stage-in their own language'. at the same time we should not interfere with the historical process of assimilation. we ought not to think that for hundreds and thousands of years to come these linguistic minorities will perpetuate themselves as they are. the historical process should ..... 15(4) which enables the state to make any special provision for any advancement of any socially and educationally backward class of citizens or for the scheduled caste and scheduled tribes in the matter of admission in the educational institutions receiving aid from the state. article 28(3) imposes other restriction according to which any person ..... course in conformity with the university standard. the state may regulate the intake in this category with due regard to the need of the community in the area which the institution is intended to serve. but in no case such intake shall exceed fifty per cent of the annual admission. the minority institutions shall .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1972; JT1991(6)SC160; 1991(2)SCALE368; 1993Supp(1)SCC32; 1993Supp(1)SCC32a; [1991]3SCR644; 1991(2)LC524(SC)
..... jagirdar in particular, dattatraya-i or dwarkanath treated the accretions as separate or self acquired property.9. from these facts the question emerges whether the plaint schedule properties are coparcenary, in our view, the courts below fell in serious misconceptions of law. qawaid jagirdaran only recognised and reiterated the existing law or ..... be applied to jagir estate. the respondent having had the benefit of maintenance right through, is not entitled as coparcener to a partition of the plaint scheduled properties as the joint family properties. the jewellery are the exclusive property of the appellants/defendants.7. shri bobde, learned senior counsel for the respondent ..... improved the properties. as there is no evidence to show that dattatraya-1 treated the income of the property is his separate income, the plaint schedule-1 properties are ancestral properties. the jagir compensation received from time to time also form the joint family properties. the relations between the family was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
..... wide bringing within its fold the social backwardness, educational backwardness, economic backwardness, political backwardness and even physical backwardness.47. to assimilate the expression 'class' in its legal sense, the said expression should be strictly construed and tested on the principles of agreed ..... population by caste and religious groups -------------------------------------------------------------------------- s.no. group name percentage of the total population -------------------------------------------------------------------------- i. scheduled castes and scheduled tribes a-1 scheduled castes 15.05 a-2 scheduled tribes 7.51 total of 'a' 22.56 ii. non-hindu communities, religious groups, etc. b- ..... classes, which are inadequately represented', can be identified by occupation, economic criterion, family income or from political sufferers, border areas, backward areas, communities kept out of state-services by the british or by any other method which the state may adopt. once a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825
..... goals. for instance a right to reservation either under article 15(4) or 16(4) in favour of the scheduled castes, scheduled tribes or backward classes was made with a view to ameliorate their status socially, economically and educationally so as to assimilate those sections into the main stream of the society. the persons who do not belong to those classes, but produce ..... . the facts therein are that in 1943 a lease on agricultural land for five years was created. before the expiry thereof bombay tenancy act, 1939 was made applicable to the area where the land was situated and under section 23(1)(b) of that act the period of lease was statutorily extended to ten years. during the subsistence of the contractual .....
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