Court : Chennai
Reported in : (1994)118CTR(Mad)396; [1994]206ITR183(Mad)
..... spelling out a proposition different from what was actually decided in that case. the ratio of that decision is that within the members of the scheduled tribes residing in specified areas, selected by the state for the purpose of exemption, the mini-classification between individuals who were government servants deriving income from between individuals who ..... income from salary. it was further urged by the revenue that once a tribal becomes a government servant, he is lifted out of his social environment and assimilated into forward sections of society and, therefore, he needs no more any crutch to lean on. these arguments were found to be irrelevant and unsustainable. in ..... exemption was justly denied to him. according to the solicitor-general, once a tribal becomes a government servant he is lifted out of his social environment and assimilated into the forward sections of the society and therefore he needs no more any crutch to lean on. this argument appears to us to be wholly irrelevant .....
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 : JT1993(2)SC688; (1994)1MLJ29(SC); 1993(2)SCALE545; (1993)2SCC573
..... service commission on december 27, 1985 to select twenty candidates. on march 11, 1986 the public service commission sent three select lists, one containing twenty candidates, the other containing three scheduled castes candidates and a waiting list of ten candidates.4. from the record placed before us by the learned counsel for the state of jammu and kashmir, it appears that .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR2328
..... 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 ..... 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.' the aforesaid rule ..... 1976 (hereinafter referred to as the 'act') acquiring the suit lands along with several other lands for the formation of shinivagalu tank bed (breached) and surrounding area layout. sri u.l.narayana rao, learned senior counsel appearing for the appellant submits that he has no objection for permitting the b.d.a. to produce the .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]193ITR300(Cal),[1992]65TAXMAN338(Cal)
..... chand and sons v. state of punjab, air 1965 p&h; 441, levy of damages were imposed up to six years upon an employer for not making payment in the scheduled time in terms of the employees provident funds act. it was held that levy of damages not immediately after default but after allowing accumulation of defaults for years together is .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT174(HC)
..... view, this writ petition is entitled to succeed and i hold that in the absence of any requisite notification under section 3(3) of the west bengal transferred territories (assimilation of laws) act, 1958, bringing into force the provisions of west bengal estates acquisition act, 1953, by passing of the notification, dated march 1, 1964, bringing ..... section 3 of the said act it has been laid down that state laws specified in schedule iii shall come into force in the transferred territories with effect from the date of notification in the official gazette under the west bengal transferred territories (assimilation of laws) act, 1958.14. it is the specific case of the writ petitioners ..... of the provisions of the west bengal estates acquisition act, 1953, and also the recommendation given by the fout commission on or about 20th march, 1918, area about 52.89 acres of land partly khas and partly tenanted were endowed in the name of the deity sri sri madan mohan jiu thakur absolutely and as such .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR1555
..... a person to approbate and reprobate.the law as to the estoppel of a tenant under section 116 of the evidence act is a recognition, and statutory assimilation, of the equitable principles underlying estoppel in relation to tenants. the section is not exhaustive of the law of estoppel. the section, inter alia, predicates ..... of the urban land (ceiling and regulation) act, 1976 ('the act' for short) prohibit the transfer of the schedule property to the respondent under a sale deed from rajagopal because the area of the property stated to have been sold to the respondent exceeds the ceiling limit imposed on vacant urban land situated ..... undesirable circumstances, the respondent is unable to continue in occupation of the premises under his landlord s. ramakrishna raju. therefore, the respondent contends that the schedule premises is reasonably and bonafide required for the self-occupation of the respondent. it is also contended that the respondent purchased the property from s. rajagopal .....
Tag this Judgment!Court : Chennai
Reported in : (1988)1MLJ97
..... for all the elements of the composite culture of india and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expression used in hindustani and in the other languages of india specified in the eighth schedule. the original calculation of the framers of the constitution was that for a period of 15 ..... that the change should be a gradual one, due regard should be given to the just claims and the interests of persons belonging to the non-hindi speaking areas. the purpose of the presidential order is to promote the spread of the hindi language and to provide the central government employees the facilities to take training in ..... guise of retention of english to help the rest of non-hindi speaking people who belong to different racial groups and places of birth in different non-hindi speaking areas, the act had violated article 15(1) which guarantees no discrimination against any citizens on grounds only of place of birth and race.(iii) the act violates .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR489
..... are being imported. to say the least the 1976 amending act was enacted to remove the area restrictions as the legislature came to know about the migration of the tribals from the so called scheduled areas. the compensatory discrimination notion envisaged by articles 15(4) or 341 and 342 of the constitution of ..... whole driving force behind the directive principles of the state policy and the scheduled castes scheduled tribes order calls for a positive approach to achieve equality by equalising unequal starting points. to say the least the ultimate policy is of assimilation of those tribes with the main society. to bring them in the main ..... recital features, names of close relative etc. this historic information is sought from the new generation which quite obviously has assimilated in the general indian population. professor churye in his work 'the scheduled tribes' has pointed out how factors like religion or occupation or racial features have proved inadequate when attempting to distinguish .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(3)BomCR634
..... are being imported. to say the least the 1976 amending act was enacted to remove the area restrictions as the legislature came to know about the migration of the tribals from the so called scheduled areas. the compensatory discrimination notion envisaged by articles 15(4) or 341 and 342 of the constitution of india, ..... the whole driving force behind the directive principles of one state policy and the scheduled tribes order calls for a positive approach to achieve equality by equalising unequal starting points. to say the least the ultimate policy is of assimilation of those tribes with the main society. to bring them in the main ..... racial features, names of close relatives etc. this historic information is sought from the new generation which quite obviously has assimilated in the general. indian population. professor churye in his work 'the scheduled tribes' has; pointed out how factors like religion or occupation or racial features have prove inadequate when attempting to distinguish .....
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