Court : Andhra Pradesh
Reported in : 2000(6)ALD308; 2000(6)ALT224
..... chandekar, : air1998sc3000 and para 11 which is extracted below;'that the circulars issued by the reserve bank of lndia under section 21 or 35 of the banking regulation act, 1949 are statutory in nature and are required to be complied with by the banks is not in any doubt. ..... he shall be guided by the evidence placed before him by the parties, the principles of banking law and practice, directions, instructions and guidelines issued by the reserve bank from time to time and such other factors which in his opinion are necessary in the interest ..... ombudsman scheme, 1995 was framed by the reserve bank of india by virtue of the powers vested under section 35-a of the banking (regulation) act, 1949. ..... senior counsel appearing for the petitioner, however, submits that the circulars issued by the reserve bank of lndia under section 21 or 35 of the banking (regulation) act are statutory in nature and or required to be complied with. ..... reserve bank of india framed a scheme by virtue of the powers conferred under section 35-a of the banking regulation act (called banking ombudsman scheme, 1995). ..... passed by the ombudsman also equally takes the colour of a statutory) direction as any directions issued by the ombudsman shall be treated as if the directions under section 35-a of the act. ..... appointed under the scheme is obliged to regulate the working of the banks and issue directions to them to carry out the directions and circulars issued by the reserve bank of india under section 21 or 35 of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)1GLR338
..... the factual profile from the record of this group of petitions under article 226 of the constitution of india; the underlined design and desideratum and statutory mechanism in the act for the acquisition of land for the public purpose; the purpose and the object of the provisions of paragraph 328 of the manual read with circular, dated 31-08-2001; ..... purpose permitted - when any land vests in the state government or in a corporation owned or controlled by the state government under the provisions of this act, it shall be lawful with the previous sanction of the state government, to use such land also for any public purpose other than that for ..... , governed by bombay provincial municipal corporations act, 1949 ('b.p.m.c.act').section 49 of the g.h.b act reads as under:'49.power to dispose of land - the board may retain, lease, sell, exchange or otherwise dispose of, any land, building or any apartment therein or other property vesting in it and situate in the area comprised in any housing scheme sanctioned under this act. ..... in that, he has, also, forcefully, contended that now-a-days it has become rampant practice of the government to acquire more lands than required for its alleged public purposes and which remain idle and unutilised for a long period; thereafter, ..... even following principles of natural justice and depriving the erstwhile land-owners from the re-grant of the land even at the market-price and such practice requires to be discouraged, and deprecated being not legal.9. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR143; 2005(4)BomCR117; 2005(4)MhLj375
..... of a councillor of a municipal council, the group consisting of all the councillors of the municipal council for the time being belonging to that political party or aghadi or front in accordance with the said explanation.section 3 of the said act provides for the disqualification on the ground of defection and in explanation it has been stated that:(a) a person elected as a councillor, or as the case may be, a member shall be deemed to belong to the political party or aghadi ..... the corporation law, which governs the democratic conduct of the elected councillor or corporators is required to be looked in harmony, and therefore, while interpreting section 19-iaa of the bombay provincial municipal corporations act, 1949, the provisions of the maharashtra local authority members' disqualification act, 1987 cannot be ignored and the word 'party' appearing in section 9 of the act is required to be interpreted with reference to the original arty, front of aghadi municipal party. ..... we are dealing with this issue as we have come across that it has become usual practice adopted by the litigants to file petition by annexing newspaper cuttings on which petitioners and/or respondents desire the courts to believe and accept what is stated in the newspaper ..... view of the matter, considering the well recognized parliamentary practice, no further legal debate on this issue, in our ..... at that time, as per the practice prevailing, the then mayor of the ..... we deprecate the practice of filing the petitions by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC124; 1950CriLJ1514; (1950)IIMLJ390(SC); [1950]1SCR594
..... will not be such a matter it was argued that a small riot or a affray will not undermine the security of the state, but to this line of argument there is a two-fold answer :- (1) the act, as its preamble shows, is not intended for petty disorders but for disorders involving menace to the peace and tranquillity of the province, (2) there are degrees of gravity in the offence of sedition also and an isolated ..... transfer under section 24 of the civil procedure code as instances where, concurrent jurisdiction having been given in certain matters to the high court and the court of a lower grade, a rule of practice has been established that a party should proceed first to the latter court for relief before resorting to the high court. ..... clear that the order of the government of madras would be a violation of the petitioner's fundamental right under article 19(1)(a), unless section 9(1-a) of the impugned act under which it was made is saved by the reservations mentioned in clause (2) of article 19 which (omitting immaterial words regarding laws relating to libel, slander ..... respondents herein, in exercise of their powers under section 9(1-a) of the madras maintenance of public order act, 1949 (hereinafter referred to as the impugned act) purported to issue an order no. ms. ..... 158, where such a rule of practice was enforced in a criminal revision case, and called our attention also to ..... 605, which practically involves the same question as is involved in this case, i hold that the reliefs sought .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad1015
..... of india immediately before the commencement of the constitution in so far as they are inconsistent with the provisions of the fundamental rights shall to the extent of such inconsistency be void, that the madras act xxiii of 1949, which is a law in force before the commencement of the constitution is totally inconsistent with the provisions of part iii which lays down the fundamental rights and therefore completely void, and thirdly in ..... saving provisions, is illegal in that it contravenes the provisions of part iii of the constitution which confers a fundamental right on the citizen under article 21 and that the procedure prescribed under the madras act xxiii of 1949 for detention and a continuation of it is a complete negation of all democratic right and procedure, that the detention further violates the specific provision relating to preventive detention as laid down under article 22(4) ..... me that the provisions of the impugned act relating to preventive detention are practically inconsistent with the letter and spirit of the ..... judgment the counsel for the petitioner submittedthat in view of the circumstance that the application has been practically allowed, the stateshould be directed to pay the costs of this application. ..... however, is in the practical application of these 'general ..... it practically reiterates the provisions of sub-clause (a) of clause (7) without denning which class of persons can ..... the term is that the legislation is contrary to general principles or practice. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC129; 1950CriLJ1525; 1951(0)KLT1(SC); (1950)IIMLJ431(SC); [1950]1SCR605
..... on 2nd march, 1950, the respondent, in exercise of powers conferred on him by section 7(1)(c) of the east punjab public safety act, 1949, which has been extended to the delhi province and is hereinafter referred to as the impugned act, issued the following order : 'whereas the chief commissioner, delhi, is satisfied that organizer, an english weekly of delhi, has been publishing highly objectionable matter constituting a threat of public law and order and that ..... the question raised in this case relates to the validity of section 7(1)(c) of the east punjab public safety act, 1949 (as extended to the province of delhi), which runs as follows :- 'the provincial government or any authority authorised by it in this behalf if satisfied that such action is necessary for the purpose of preventing or combating any activity prejudicial ..... 'it often happens, however, that the public peace is disturbed by offence which without tending to the subversion of the existing political constitution practically subvert the authority of the government over a greater or less local area for a longer or shorter time. ..... has now acquired a well-recognized meaning in relation to an act like the impugned act, as a result of a long course of legislative practice, and may be taken to denote safety or security of the ..... this is practically what has been said in clause (2) of article 19, with this difference only that instead of using the words 'law relating to sedition,' the framers of the constitution have used the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC12; [1959]29CompCas367(SC); [1960]1SCR200
..... extent already indicated, namely, (1) the reference of 1952 is not now pending for determining the question of bonus for the relevant years in respect of particular banks and (2) section 10 of the banking act prior to the amendment of 1956 prohibits the grant of industrial bonus to bank employees when such bonus is remuneration which takes the form of a share in the profits of the banking company ..... 10 of the banking companies act, 1949 (prior to its amendment by act 95 of 1956) prohibit the grant of bonus to bank employees; (3) whether an industrial tribunal is entitled in law to compel banks to disclose 'secret reserves' and 'other necessary provisions' made by them, for the purpose of ..... bonus by any banking company in pursuance of a settlement or award arrived at or made under any law relating to industrial disputes or in accordance with any scheme framed by such banking company or in accordance with the usual practice prevailing in banking business; or (iii) whose remuneration is, in the opinion of the reserve bank, excessive; or (c)........................................... ..... bonus by any banking company in pursuance of a settlement or award arrived at or made under any law relating to industrial disputes or in accordance with any scheme framed by such banking company or in accordance with the usual practice prevailing in banking business ..... the practical difficulty which may arise in deciding individual claims for bonus in respect of particular banks is merely a circumstance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1801; (1968)0GLR390; [1967]2SCR679
..... think fit, and containing such particulars regarding the location or nature of each as will, in his opinion, be sufficient for identification; (b) the rateable value of each such building and land determined in accordance with provisions of this act and the rules; (c) the name of the person primarily liable for the payment of the property taxes, if any, leviable on each such building or land; (d) if any such building or land is not liable to be ..... failed in its duty to determine the rateable value of each building and land comprised in each of the textile factories in terms of rule 9(b) of the rules under the bombay provincial municipal corporations act, 1949 so far as the assessment book for the year 1966-67 is concerned. 26. mr. ..... the legislative practice preceding the constitution act and said ..... (a), (b), (c) and (d) of rule 9 have been completed, as far as practicable, in any ward assessment book, the commissioner shall give public notice thereof and of the place where the ward assessment book or a copy of ..... the central provinces and berar act's case and examined the legislative practice in india. mr. ..... can look into the legislative practice was again adverted to in ralla ..... he also referred to legislative practice in india on this point and contended that the same was against giving an extended meaning to the expression 'land and buildings' so as to include plant ..... ; and practically to direct the rating authority to value the hereditament equipped with machinery and plant as it appears .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1982Guj37; (1981)GLR934
..... . annexure 'b', the circular letter issued by the vice-chancellor pursuant to his decision purporting to have been taken by him under section 11(4) of the gujarat university act, 1949, which decision had come to be ratified or approved by the academic council and the executive council of the university and we further direct -the respondent university to ..... examination' carries with it the power not to hold examinations, also and to buttress his argument he pitched - his case on the provisions of section 21 of the bombay general clauses act, 1904, the said section 21 reads as follows :'where, by any bombay act or gujarat act a power to issue - notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and ..... class degree of this university will not have only the satisfaction of being superior to others who have cleared the examination with second class or third class, but, in the practical day-to-day life, such a first class student will stand to gain ..... 1981-82 year, should start from 15th june as per the earlier practice and the students of the first year should be given admission to the second year and the students of the second year should be given admission to the third year on condition that they ..... euphemistic way of describing what in practical life will be cancellation of ..... the material world of the society, these degrees, diplomas and certificates have their practical value and utility. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP254
..... the respondent did not conform to the high standards of efficiency and integrity which the institute of chartered accountants expects of its members, but at the same time we consider that in the circumstances of the case when practically (sic) particularly there has been no suggestion of any moral turpitude on the part of the respondent, it would be sufficient if we administer which we hereby do a severe reprimand to the respondent for his gross negligence in discharging his duties ..... however, certain extenuating circumstances were taken into consideration by the division bench, like the fact that for several years he had been the auditor of the company in question and the practice as regards under provision of depreciation was the same as the years in point and he was not found fault with it any time and that his conduct did not involve any moral ..... a case forwarded under sub-section (5) of section 21 of the chartered accountants act, 1949 ('the act* for short) by the council of the institute of chartered accountants of india ('the council' for short) for passing necessary orders in accordance with sub-section (6) of s.21 of the act. ..... record, referred to above, clearly establishes that the respondent was guilty of professional misconduct under subsection (5) of section 21 and section 22 of theact read with part i of the second schedule to the act, which deals with professional misconduct in relation to chartered accountants in practice requiring action by a high court.11. .....
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