Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... 649. while repelling the challenge to the first constitutional amendment which was passed in june 1951, this court held in sri sankari prasad singh deo v. union of india and state of bihar that the power of amendment conferred by article 368 was not subject to any limitations, express or implied, and that fundamental rights were within the sweep ..... by shri dal bahadur singh, the president of the district congress committee at rae bareily, and that a large part of it was shown, from entries fn the bank account of the president of this committee, to have been disbursed during or soon after the election. the responsibility of the district congress committee was, however, to carry ..... congress committee to dal bahadur singh, president of the district congress committee rae bareli, and the same was credited in dal bahadur singh's account after deducting of the bank charges on march 4, 1971. dal bahadur singh withdrew out of that amount rs. 40,000 and rs. 25,000 on march 4 and 6, 1971 respectively .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]121CompCas374(Bom); [2004]56SCL665(Bom)
..... of malafides. it is submitted bymr.chidambaram and, in our opinion rightly so, thatthe allegation of malafides against the directorscannot be entertained without impleading them asparties. in all india state bank officersfederation vs . union of india : (1997)illj419sc , thesupreme court has observed as follows:'22. there is yet another reason whythis contention of the petitioners mustfail. it is now settled law that theperson against ..... submission of thecompany that plaintiff cannot vote beyond thelimit of 49%. in order to appreciate this issue itwould be necessary to state few admitted facts.when the plaintiff purchased preference shares,it had applied and obtained permission from thereserve bank of india under section 29(l)(b) ofthe foreign exchange regulations act,l973('fera'). while granting such permission undersection 29(l)(b) of .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... again sent a reminder in that connection by her letter of september 2, 1974. the competent authority thereupon sent a challan for rs. 2.50 payable at the state bank of baroda branch in response to the aforesaid letter of the respondent of 2nd september, 1974. under cover of the letter of september 30, 1974, of the ..... to satisfy the competent authority that the present respondent-transferees were under any statutory or contractual obligation to purchase the shares which the transferor, m/s. sigil (india) services pvt. ltd., was required to purchase in pursuance of the resolution of bidco. this contention of the learned government pleader does not appear to us to ..... contained in chap. xx-a, it would be advisable to bear in mind the legislative background of this provision. a committee was constitute by the government of india under the chairmanship of justice wanchoo to suggest ways and means for effectively dealing with the problems of black money, tax evasion and tax arrears. wanchoo committee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... but what is the nature and extent of this protection in the first place, it may be noted that this protection is only against state action and not against private individuals. vide p. d. shamdasani v. central bank of india ltd. (supra) and smt. vidya verma v. dr. shiv narain [1955] 2 s. c. r. 983 secondly, it is ..... and the suspension of the fundamental right conferred by article 21 did not carry with it suspension of the enforcement of this statutory right. the union of india and the state governments rejoined to this contention of the detenus by saying that article 21 was the sole repository of the right of personal liberty and there was no ..... by malice in law or malice in fact or they were outside the authority conferred by the act. the substance of these grounds, according to the union of india and the state governments, was that, by these orders of detention, the detenus, were deprived of their personal liberty otherwise than in accordance with the procedure established by law. this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476
..... field a.k. gopalan (supra) was in that respect expressly over-ruled by the majority in r.c. cooper v. union of india : [1970]3scr530 , known generally as the bank nationalisation case. in sambhu nath sarkar v. the state of west bengal and ors. : [1974]1scr1 , it was held by a seven judge bench that the law of preventive detention ..... applications of all others for being impleaded as parties or for intervention were rejected.4. written briefs were filed by the union of india, the advocates general, the two state governments and the interventionists. the state of jammu and kashmir complained on the date of hearing that its advocate general had taken a stand in his written brief which did ..... has to meet the challenge not only of articles 21 and 22 but also of article 19(1)(d). in maneka gandhi v. union of india : [1978 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... legislature and the judiciary, and the distribution of governmental power among them and the definition of their mutual relation (see sri sankari prasad singh deo v. union of india and state of bihar : [1952]1scr89 . hood phillips' 'constitutional and administrative law', sixth edition, page 11; dicey's 'an introduction to the study of the law ..... . the most important programme relates to the investment proposal of central inland water transport corporation (ciwtc)'. the annual plan 1984-85 of the government of india planning commission states as follows in paragraph 10.33: inland water transportagainst the approved outlay of rs. 12 crores in 1983-84, the revised expenditure in the central ..... above case the court of appeal negatived the defence of the indemnifier that the indemnity clause did not cover the negligence of the indemnified. it was in lloyds bank ltd. v. bundy 1974 (3) all e.r. 757 that lord denning first clearly enunciated his theory of 'inequality of bargaining power'. he began .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1217; (1978)3SCC188; [1978]3SCR789
..... was, therefore, rightly drawn to the relevant provisions of the bombay act which were applicable to the disputed laid end remained so applicable even after the re-organization of the state until the mysore tenants (temporary protection from eviction) act, 1961, hereinafter called the mysore act, and the karnataka act were passed and enforced.5. at the outset ..... held that exclusion of jurisdiction of the civil court is not to be readily inferred. this view was followed in the state of west bengal v. the indian iron & steel co. ltd. : [1971]1scr275 and affirmed in the union of india v. tara chand gupta & bros. : 1983(13)elt1456(sc) the privy council in 67 i.a. 222 approving ..... of the principles laid down in the well-known judgment of willes j. in wolverhampton new c water works co. v. hawkesford which was approved of in the house of lords in neville v. london 'express' newspaper stated the .....
Tag this Judgment!Court : Gujarat
Reported in : 1988(35)ELT88(Guj); (1988)1GLR388
..... is to establish an egalitarian society based on socialistic principles. similarly, the fundamental principles in the governance of the country require the state (the term 'state' occurring in article 12 of the constitution of india also includes judiciary) to direct its policy towards securing the ownership and control of the material resources of the community to be distributed ..... background of these facts, the supreme court held that the appellant had only a contingent right to the amounts standing in credit to his account in the german bank and there was no debt due to him in present because the contingency on which his title to the amounts in deposit would arise, viz., the grant ..... of his claim for compensation in respect of certain contracts for supply of machinery from germany. an account was opened in the name of the appellant in a bank in germany and the amounts settled were credited to that account on certain conditions, viz., that the amounts were to be repaid only to the firm as .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR3182; 1988(3)KarLJ415
..... of an educational institution in unhealthy surroundings as also to prevent the setting up or continuation of an educational institution without qualified teachers. the state can prescribe regulations to ensure the excellence of the institution. prescription of standards for educational institutions does not militate against the right of the ..... do not violate any fundamental right of the minority institutions under article 40.'in paragraph-30 of the judgment, the learned chief justice has stated thus:'educational institutions are temples of learning. the virtue of human intelligence are mastered and harmonised by education. where there is complete harmony between ..... , namely:1. vidharbha sikshan vyavasthapak maha-sangh v. state of maharashtra & ors., : air1987sc135 . 2. state of tamil nadu v. abu kavur bai and ors., : [1984]1scr725 . 3. k. rajendran and ors. v. state of tamilnadu, : (1982)iillj259sc 4. d.s. nakara and ors. v. union of india, : (1983)illj104sc .5. central inland water transport .....
Tag this Judgment!Court : Delhi
Reported in : (1985)ILLJ185Del
..... in sukh dev singh's case (supra), a division bench of this court held in a. r. joshi v. state bank of india (1980) 56 fjr 537, that an employee of a statutory body (the state bank of india in the said case) 'was entitled to invoke the principle of natural justice as the manner in which the disciplinary ..... 19.3(b) of the first bipartite settlement which had been arrived at between the managements of certain banking companies including the petitioner-bank and their workmen who were represented by the all india bank employees association and all india bank employees federation on 19th october, 1966. feeling aggrieved by the order of dismissal, respondent filed an appeal ..... of his conviction or given any lesser form of punishment as mentioned in clause 19.6 below. (c) * * * * * (d) * * * * * 6. as stated above, the petitioner-bank invoked clause 19.3(b) of the bipartite settlement for dismissing the respondent. it is beyond the pale of controversy that the respondent is a workman as defined in .....
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