Court : Karnataka
Reported in : ILR2007KAR44
..... district & sessions judge, bangalore rural district, bangalore, in miscellaneous no.61/1993, whereby the learned district judge has allowed the petition filed by the 1st respondent corporation (ksfc) under section 31(1)(aa) of the state financial corporation act in part holding that the appellant and the respondents 2 to 5 ..... contended that the notice if issued on 18.1.1989, the suit ought to have been brought by january 1992 and the suit having been filed before the district judge as on 22.11.1993, long after the period ..... the opening words of this section in sub-section (1) suggest that where industrial concern, in breach of any agreement, makes any default in payment of any loan or advance or any installment thereof ..... under sections 31 and 32 and therefore, the ordinary rules of procedure, orders and decrees under cpc will apply to such court.sub-section (2) of section 31 enjoins upon the financial corporation to state the 'extent of the liability of the industrial concern,' in the application to be made under sub-section (1) thereof since the liability of the surety is coextensive the same shall, in the ..... even though it may not be possible to call it a decree stricto sensu as defined in section 2(2) of the code for recovery of money.though the supreme court has in the case of gujarat state financial corporation taken the view that sections 31 and 32 do not contemplate the passing of a money decree and the principle laid down in that case has been relied on in two later decisions, .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2103
..... by recognising minority and majority rights more than what was given in the constitution : the billdoes not define the term 'minority' though it is primarily and solely for the minority community living in india and states that it means community notified as such by the central government but without specifying any guidelines to be adopted by the central government ; this cannot be a matter of choice by the central government and thereby section 2(c) is excessive ..... political party ; under such political situation when divisive forces are on rise, thus it is the constitutional obligation of all of us to put a stop to such tendencies and this writ petition is an effort in that direction : prior to february, 1992, the minority commission was in existence which used to submit a report about minorities to the government of india for consideration but it did not have any statutory status but was serving the purpose of keeping the ..... section 9 of the act in chapter iii envisages the functions of the ..... 1992, for short the act, provides that the central government shall constitute a body to be known as 'the national commission' for minorities to exercise the powers conferred on, and to perform the functions assigned to it, under the act ..... 1992 (parliament act ..... 1992 was introduced and duly passed by lok sabha and rajya sabha pursuant to the election promise made by congress-i specially to muslims without indicating the basic purpose and satisfying any weakness of existing or shortcoming desired .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ572
..... power of legislature to interfere with the directions issued by the courts were considered by the supreme court in shri prithvi cotton mills limited v broach borough municipality and others, mahal chand sethia v state of west bengal, state of madhya pradesh v ranojirao shinde, municipal corporation of the city of ahmedabad v the new shrock spinning and weaving company limited and in the matter of cauvery water disputes tribunal, wherein it ..... the federal structure under the constitution and opens doors for each state to act in the way it desires disregarding not only the rights of the other states, the orders passed by instrumentalities constituted under an act of parliament but also the provisions of ..... a division bench of this court, vide its order dated 23-1-1992 directed the commissioner to evict the occupants of the apartments ..... court it can be held that the legislature has the power to make laws under the constitutional scheme as provided under part xi, chapter i read with the seventh schedule of the constitution. ..... chapter iv deals with comprehensive development plan providing for preparation of such plan, its contents, approval by the state ..... chapter ix deals with classification of land and chapter x provides the penalties for offences besides ..... chapter vii makes provision for disputed ownership, ..... chapter ..... chapter iii relates to outline development plan authorising every planning authority to carry out a survey of the area and prepare and publish an outline development plan and .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1995All162
..... 1947, as of now, under chapter viii under the head 'external control', also contains powers, given to the state government, to dissolve any gram panchayat or nyay panchayat, if in the opinion of the state government these bodies have abused their position and continuously fail to perform the duties imposed upon them by or under the act,or if its continuance is not considered ..... after detailed arguments addressed at length by several counsel for the petitioners, and on examining the record of almost 130 petitioners, and upon perusing the five affidavits filed by the state appending documents on government notifications, correspondence between the directorate of panchayat raj to the collectors or the rules published as and when they were being published, during the course of hearing ..... -- notwithstanding anything in this part, any provisions of any lawrelating to panchayats is in force' in a stateimmediately before the commencement of theconstitution (seventy-second amendment)act, 1992, which is inconsistent with theprovisions of this part, shall continue to be inforce until amended or repealed by acompetent legislature or other competentauthority or until the expiration of one yearfrom such commencement, ..... an open debate on the floor of the legislature or by the state election commissioner ..... election of a candidate is not open to challenge on the score of ..... which it is prepared, is vitiated or whether it is to be treated as valid or invalid is a matter which is open to judicial review. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(4)SC387; 1993(3)SCALE218; (1993)4SCC25; [1993]Supp1SCR321
..... assigned by the high court are (1) the principal of chandigarh engineering college, having once given his consent for transfer of these respondents, was not justified in resisting the transfers after they were approved by the university and the administration and (2) that the principal was in error in taking the stand that additional seats in his college can not be sanctioned by the syndicate and that it can be done only by ..... university is governed by the punjab university act, ..... though his migration has been approved by both the transferor and transferee colleges, as well as by the syndicate of the punjab university and the chandigarh administration, the principal of the chandigarh college was now refusing to admit him into the college. ..... chapter viii(d) deals with 'admission and migration of students and ..... having become infructuous inasmuch as it was directed against an interlocutory order pending the writ petition which itself came to be disposed of on january 20, 1993, as stated above.we have heard sri kapil sibal for the appellants (chandigarh administration and chandigarh engineering college) and s/sri g. ..... but in view of the fact that respondents 1 to 4 have been admitted to chandigarh engineering college as far back as september 1992 and have been studying since then, that they have given up their admission in guru nanak medical college and further in view of the fact that the appellants had not chosen to ..... admission therein, in the management quota, with their eyes open. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994]80CompCas384(Bom)
..... chapter viii, which contains sections 130 to 137 (both inclusive) of the transfer of property act deals with transfers of actionable claims. ..... it was contended in this connection on behalf of pranlal thakar that according to the transfer of property act, section 137, shares and stock are actionable claims but the provisions relating to transfer of actionable claims as stated in sections 130 to 136 are not to apply to this particular species of actionable claims. ..... the question of fact as to whether or not there is a sale is for the present left open to be determined only if the court comes to the conclusion that such a sale would create in favour of the bona fide purchaser, i.e. ..... 1,80,00,000 borrowed as aforesaid from the third respondent, the company gave the following securities : (i) units worth rs, 10.62 lakhs (which securities form part of miscellaneous petition no. ..... it is submitted that, by letters dated july 7, 1992, and august 6, 1992, the petitioners had offered to repay. ..... the second respondent claims as under : 'on or about the 11th day of june, 1992, the company borrowed for a period of 90 days, an amount of rs. ..... it is submitted that the petitioners are, therefore, not bound to pay interest from july 7, 1992, onwards. ..... 70 of 1992) ; and, (ii) four lakh units being the subject-matter of this petition, accordingly, the company handed over, inter alia, to the third respondent the said four lakh units. ..... all the said three bills of exchange fell due for payment on june 21, 1992. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(3)KLT238
..... again, when the kerala university act, 1969 was passed, incorporating certain clauses restricting the right of the management and administration of minority management and those provisions were declared ultra vires by the kerala ..... ext.p3 also is invalid in so far as it directs that institutions imparting secular education or receiving aid from the state cannot claim minority status and that they have to comply with rule 44 while appointing headmasters.36. ..... the headmaster of a secondary school may also for adequate reasons impose fines on pupil studying in standards viii to x.xxx xxx xxxnote:-- (i) temporary removal and permanent removal from rolls for misconduct also mean suspension and dismissal respectively under ..... when the state and university challenged the same, appeal was disposed by the six member bench of the ..... case (supra) observed that with regard to the right of admitting students in minority institutions which receive grant-in-aid, reasonable regulations can be prescribed by the state government for fixing the number of students from minority communities and to secure transparency. ..... apex court considered the right of minority institution and appointment of headmaster under rule 44 of chapter xiv-a of ker which is the question discussed in issue in this case, in n ..... the university of delhi, air 1992 sc ..... it will always be open to the educational authorities to consider whether, the appointee of the minority educational agency is one qualified, competent or experienced to be .....
Tag this Judgment!Court : Mumbai
Reported in : [1994]80CompCas789(Bom)
..... discharged in full, as far as may be, in the order as under : (a) all revenues, taxes, cesses and rates due from the persons notified by the custodian under sub-section (2) of section 3 to the central government or any state government or any local authority ; (b) all amounts due from the person so notified by the custodian to any bank or financial institution or mutual fund ; (c) any other liability as may be specified by the special court from time to ..... entered into at any time after april 1, 1991, and on or before june 6, 1992, in relation to any property of the person notified under sub-section (2) of section 3 has been entered into fraudulently or to defeat the provisions of this act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this act : provided that no contract or agreement shall be cancelled except after giving to the parties ..... in this case, the supreme court was considering the constitutional validity of chapter xxc of the income-tax act, 1961, wherein power has been given to the appropriate authority for pre-emptive purchase of property which has been agreed to be sold by the assessee for a consideration ..... by various parties, mainly financial institutions, claiming that they have rights in properties which today stand attached by virtue of the provisions of the special court (trial of offences relating to transactions in securities) act, 1992 (hereinafter for brevity's sake referred to as 'the said act'). .....
Tag this Judgment!Court : Mumbai
Reported in : [1997]89CompCas547(Bom)
..... and specific purpose which motivated the enactment of section 14a and chapter iiia of the delhi rent act would be wholly frustrated if the provisions of the slum clearance act requiring permission of the competent authority were to prevail over them ..... scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or the law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties ..... states the applicants have now filed miscellaneous ..... considering the object and purpose of the two laws and giving precedence to the banking companies act by observing : 'it is, therefore, desirable to determine the overriding effect of one or the other of the relevant provisions in these two acts, in a given case, on much broader considerations of the purpose and policy underlying the two acts and the clear intendment conveyed by the language of the relevant provisions therein' (page 615) ..... the provisions of the sick industrial companies (special provisions) act, 1985, 'the sick companies act' prevail over the provisions of the special court (trial of offences relating to transactions in securities) act, 1992 ('the said act'). ..... that the said act was enacted in 1992. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(8)SC381; (2008)7MLJ679(SC); 2008(8)SCALE538; 2008(3)SLJ171(SC); 2008AIRSCW6672; (2008)12SCC1
..... by the board prescribing teaching experience of 4 years as lecturer for the post of principal of an intermediate college was contrary to the statutory requirement of academic qualifications stipulated in appendix a of regulation 1 of chapter ii of intermediate act, as adopted by sub rule 5 of rule 15 of the rules and as a result thereof it was possible that many candidates having 4 years teaching experience of class ix and x could not apply, resulting in serious ..... one and should have at leastteaching experience of four years in classes 9 to 12 in any traininginstitute or in any institution or university specified in above-mentionedpara one or in any degree college affiliated tb such university orminimum 30 years institution, recognized byboard or any institution affiliated from boardsof other states or such other institutions whose examinations arerecognizedby the board, or should the condition is also that he/she should not be below30 years ..... the ad-hoc principals, on the other hand, submitted that insofar as the academic qualifications under rule 5 of the 1998 rules are concerned, qualifications specified in regulation 1 of chapter ii of the regulations made under the intermediate act having been adopted for the purpose of 1998 rules as well, the minimum qualification for the post of principal cannot be at variance with what is specified in the said appendix ..... secondary service commission and selection board (amendment) act, 1992 defines 'year of recruitment' to mean a period of .....
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