Court : Andhra Pradesh
..... state of mizoram and others (3 supra) the supreme court held that wherever the constitution requires the satisfaction of the governor for the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction of the governor but the satisfaction in the constitutional sense under the cabinet system of government. ..... state of mizoram and others (3 supra) contending that wherever the constitution requires the satisfaction of the governor to the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction of the governor but the satisfaction in the constitutional sense under the cabinet system of government. ..... if the act is ostensibly done in exercise of the power given under the constitution and it is not established that the act is done dishonestly or in bad faith or in other words, out of any improper motive the immunity attaches to the exercise of the power. ..... in the facts of these admitted facts, the court cannot accept the argument that a person who, according to the petitioners own case, has taken an active part in the politics and the governance of the state for several years, does not have any practical experience in matters of social service. .....
Tag this Judgment!Court : Andhra Pradesh
..... state of mizoram and others (3 supra) the supreme court held that wherever the constitution requires the satisfaction of the governor for the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction of the governor but the satisfaction in the constitutional sense under the cabinet system of government. ..... state of mizoram and others (3 supra) contending that wherever the constitution requires the satisfaction of the governor to the exercise of any power or function, the satisfaction required by the constitution is not personal satisfaction of the governor but the satisfaction in the constitutional sense under the cabinet system of government. ..... if the act is ostensibly done in exercise of the power given under the constitution and it is not established that the act is done dishonestly or in bad faith or in other words, out of any improper motive the immunity attaches to the exercise of the power. ..... in the facts of these admitted facts, the court cannot accept the argument that a person who, according to the petitioner's own case, has taken an active part in the politics and the governance of the state for several years, does not have any practical experience in matters of social service. .....
Tag this Judgment!Court : Allahabad
..... state of punjab and others; air 1986 sc 3160; state of mizoram v. ..... for convenience, the relevant portion from the judgment of saroj kumar sinha (supra) is reproduced hereunder:- "the proposition of law that a government employee facing a department enquiry is entitled to all the relevant statement, documents and other materials to enable him to have a reasonable opportunity to defend himself in the department enquiry against the charges is too well established to need any further reiteration. ..... the reasoning of the state was that the respondent was given the opportunity to cross-examine the witnesses and during the cross-examination the respondent would have the opportunity of confronting the witnesses with the statements. ..... accordingly, it was stated by the petitioner before member secretary, cadre authority, cooperative bank, centralised services, lucknow that inquiry seems to be continuing against him ex-parte and as such the report submitted by the inquiry officer cannot be allowed to be believed. ..... taking into aforesaid proposition of law in the present context, there appears to be no justification on the part of the respondents not to record oral evidence and provide the copy of relevant documents which has got bearing with the controversy in question. 17. ..... it is settled law that in case the authorities want to do certain things, then that should be done in the manner provded in the act or statutory provisions and not otherwise vide nazir ahmed v. .....
Tag this Judgment!Court : Supreme Court of India
..... 3 (1) of the act, 1986, reads as under:for the purpose of conducting investigations in accordance with provisions of this act, the governor shall, by warrant under his hand and seal, appoint a person to be known as the lokayukta.provided that the lokayukta shall be appointed after consultation with the chief justice of the high court and except where such appointment is to be made at a time when the legislative assembly of the state of gujarat has been dissolved or a proclamation under article 356 of the constitution is in operation in the state of gujarat, after consultation also with the leader of the ..... special police establishment (supra), this court held as under:11thus, as rightly pointed out by mr sorabjee, a seven-judge bench of this court has already held that the normal rule is that the governor acts on the aid and advice of the council of ministers and not independently or contrary to it. ..... such a conclusion by the court, was found to be necessary, for the reason that the facts and circumstances of a case involving any of the aforementioned fact situations, may indicate the possibility of bias on the part of the chief minister, or the council of ministers.this court carved out certain exceptions to the said provision. ..... state of mizoram & ors. .....
Tag this Judgment!Court : Guwahati
..... state of west bengal reported in : air2006sc302 held that hearsay evidence of the witnesses who came immediately to the place of occurrence after the incident had taken place which corroborate the evidence of other prosecution witnesses regarding the prosecution case as alleged in the fir would be admissible in terms of section 6 of the evidence act. ..... this court while examining the record of the sessions trial as well as submissions of both the parties, found that the learned additional sessions judge/trial court had not complied with the mandatory provision contemplated in section 313(1)(b) of crpc 1973 while examining the appellant-accused and also there is omission on the part of the trial court to obtain evidence for ascertaining if the portion of the previous statement (ext. x1) i.e. ..... the relevancy of the fact discovered must be established according to the prescriptions relating to relevancy of other evidence connecting it with the crime in order to make the fact discovered admissible. ..... arun kumar singh (pw-1) who was the concerned medical officer-in-charge of the district hospital, imphal stated that on 22.8.1986 while he was on night duty at the casualty department of the district hospital, imphal one person was brought dead by some persons. ..... a division bench of this court in state of mizoram v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCALE7; 2013(1)SCJ1; 2013(1)KLT46(SN); AIR2013SCW671; AIR2013SC693
..... 3 (1) of the act, 1986, reads as under:for the purpose of conducting investigations in accordance with provisions of this act, the governor shall, by warrant under his hand and seal, appoint a person to be known as the lokayukta.provided that the lokayukta shall be appointed after consultation with the chief justice of the high court and except where such appointment is to be made at a time when the legislative assembly of the state of gujarat has been dissolved or a proclamation under article 356 of the constitution is in operation in the state of gujarat, after consultation also with the leader of the ..... special police establishment (supra), this court held as under:11thus, as rightly pointed out by mr sorabjee, a seven-judge bench of this court has already held that the normal rule is that the governor acts on the aid and advice of the council of ministers and not independently or contrary to it. ..... such a conclusion by the court, was found to be necessary, for the reason that the facts and circumstances of a case involving any of the aforementioned fact situations, may indicate the possibility of bias on the part of the chief minister, or the council of ministers.this court carved out certain exceptions to the said provision. ..... state of mizoram & ors. .....
Tag this Judgment!Court : Delhi
Reported in : 2006(4)ARBLR119(Delhi); 2006(33)PTC631(Del)
..... state electricity board (supra), which was a case under the indian electricity act, the apex court held that in view of the statutory circulars and instructions issued by the electricity board, cognizance of civil courts has been by necessary implication excluded and as a consequence, the civil courts shall not be justified in entertaining the suit, and giving the declaration sought for by the respondent (plaintiff in the suit), without directing the party to avail of the remedy provided under the indian electricity act and the indian electricity (supply) act and the ..... learned counsel for plaintiffs emphasized that a conjoint reading of paragraph 4 of the indrp policy and rule 3(b)(ix) of the rules conclusively establishes that it is only upon the complainant consenting to the settlement of the dispute by the forum provided by the indr policy that the provisions of the arbitration & conciliation act, 1996 would come into play. 39. ..... : air2004sc1766 holding therein that with the applicability of part i of the arbitration & conciliation act, 1996 in all its force, the extent of judicial intervention in arbitrations is limited by the non obstinate provisions of section 5 of the said act.34. ..... : [1979]3scr201 ; state of mizoram v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALT661
..... state police establishment's case (5 supra) and also in view of the fact that it is brought to the notice of this court that representation in detail was made to his excellency the governor of state of andhra pradesh, the governor also in the light of the peculiar facts, may consider the same in the light of the views expressed by the apex court, referred to supra.31. ..... the purpose of this provision is not to find out facts or to establish the actual responsibility of a chief minister or any other minister or ministers for particular decisions or governmental acts. ..... it is also stated that it is well established that producing false community certificate and enjoying benefits would amount to playing fraud on the constitution and such acts are punishable under law. ..... the supreme court referred to clause (2) of an order called the constitution (scheduled tribes) order, 1950 issued by the president of india in exercise of the powers conferred under article 342 provided as under:the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities specified in parts 1 to xii of the schedule to this order shall, in relation to the states to which those parts respectively relate, be deemed to be scheduled tribes so far as regards members thereof residing in the localities specified in relation to them respectively in those parts of that schedule. ..... state of mizoram and prs. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN242
..... state of punjab (5), held that the publication of section 6 declaration is a conclusive proof of the decision of the government to acquire the land and is synonymous to conclusive evidence and there is no much difference from the conclusive evidence and it gives finality to the establishment of existence of the said fact. ..... if the compromise regarding the assessment of market value of the land has been reached between the parties out side the scope of provisions of the act, the petitioners may be free to get the same enforced through the appropriate forum, but as the award dl. ..... it is not the petitioners' case that in pursuance of section 4 notification dated 12.6.97 (annex.1), any declaration under section 6 of the act had been made and in absence of section 6 declaration, it is difficult to assume that the proceedings can be held to have been completed under the act for the reason that issuing notification under section 4 is only a tentative step that the land is liable to be needed for a public purpose and it gives right to the tenure-holder to file objections under section 5-a of the act. ..... the only exception, which the legislature has carved out, is that when additional land is required as part of the house under the provisions of sections 49(2) and 49(3) of the act. ..... (21); state of mizoram v. .....
Tag this Judgment!Court : Chennai
Reported in : 2008(1)CTC644; (2008)3MLJ325
..... likewise, the state of mizoram has also passed the mizoram institute of chartered financial analysts of india university (mizoram) ordinance, 2005 and the meghalaya government has passed the institute of chartered financial analysts of india university act, 2005 with similar provisions enabling the 10th respondent society to establish university.8. ..... according to the petitioner, the icfai national college prospectus reveals that 23 national colleges have been established throughout the state of tamil nadu and pondicherry and in various parts of tamil nadu, including chennai, coimbatore, madurai, ooty, salem, thanjavur, tiruchirappalli, tirunelveli, dindigul, erode, hosur, kancheepuram, karur, nagercoil, pollachi, rajapalayam, tiruppur, tuticorin and vellore. ..... it is also the specific case of the 11th respondent university that it has no study centre, constituent college outside the territorial jurisdiction of its state and the icfai national school, business school are the constituents of the 10th respondent and not forming part of the 11th respondent university in the following words.13. ..... the 8th respondent, bar council of india has filed its counter stating that no off campus study centres for the law course can be opened in any other part of the country except within the university campus of icfai university, viz. .....
Tag this Judgment!