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Secretary, Jaipur Development Authority, Jaipur Vs. Daulat Mal JaIn an ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)550; JT1996(8)SC387; 1996(7)SCALE135; (1997)1SCC35; [1996]Supp6SCR584

..... letters of allotment thereof. thus, these appeals from the judgment and order of the division bench of the rajasthan high court made on september 2, 1993 in writ petition no. 680 of 92 etc.7. dr. shankar ghosh, learned senior counsel appearing in one case and shri s.k. bhattacharya appearing ..... when a government in office misuses its powers figuratively, we refer to the individual minister/council of ministers who are constituents of the government. the government acts through its bureaucrats, who shapes its social, economic and administrative policies to further the social stability and progress socially, economically and politically. actions of the ..... gain or illegal gratification.22. the rajasthan improvement trust (disposal of urban land) rules, 1974, were made in exercise of power under rajasthan urban improvement act, 1959. therein, elaborate procedure has been provided to grant lease, restrictions thereunder, assessment of the ground rent, preparation of the scheme, sale or disposal .....

Vijaykumar Baldev Mishra @ Sharma Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2008SC961; 2008CriLJ1409; JT2007(7)SC206; 2007(7)SCALE486; (2008)3SCC(Cri)362; 2008(1)KCCRSN13; ].2008AIRSCW492

..... expected to perform its functions in this manner. if the recommendation of the review committee, based on the material present, is, that resort to provisions of the tada act is unwarranted for any reason which permits withdrawal from prosecution for those offences, a suitable application made under section 321 crpc on that ground has to be considered and ..... the people and none would care to oppose them cannot constitute an offence under section 3(1) of tada act.it was observed:although the murder of anna shetty took place in 1990 and the case was chargesheeted in 1993, the trial has not commenced. there are three accused persons who are still in jail for more than seven ..... his mind to this aspect, seeks to withdraw from the prosecution in respect of offences under tada act as against the accused in the instant case.7. the designated court tada dismissed the said application by an order dated 15.5.1993 inter alia opining:the case no. 8/93 pertains to the murder of anna shetty and constable .....

P.A. Inamdar and ors. Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3226; 2005(5)ALLMR(SC)1030; 2005(5)ALT1(SC); 2005(4)AWC3864B(SC); 2005(5)BomCR859; 2005(4)CTC81; 2005(3)ESC373; [2005(4)JCR164(SC)]; JT2005(7)SC313; 2005(5)KarLJ16; 2005(6)SCC537

..... pai foundation, there were four oft quoted leading cases holding the field of education. they were unni krishnan v. state of andhra pradesh : [1993]1scr594, st. stephen's college v. university of delhi : air1992sc1630, ahmedabad st. xavier's college society v. state of gujarat : [1975]1scr173 and in re: kerala education bill, ..... after the decisions in pai foundation and islamic academy, in the states of kerala, karnataka, maharashtra and tamil nadu, their respective legislatures have passed acts regulating admissions and charging of fee in both aided and unaided minority and non- minority private educational institutions engaged in imparting education in professional, ..... foundation. such imposition of quota of state seats or enforcing reservation policy of the state on available seats in unaided professional institutions are acts constituting serious encroachment on the right and autonomy of private professional educational institutions. such appropriation of seats can also not be held to .....

Indian Rayon Corporation Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1998)146CTR(Bom)138; [1998]231ITR26(Bom)

..... because the principle of beneficial interpretation has noapplication to the facts of the present case. as observed by this court in cit v. mirza ataullaha baig : [1993]202itr291(bom) , this principle applies only when there is reasonable and genuine doubt in regard to the interpretation of a particular provision. it has no application to ..... who contended before us that the expression 'initial assessment year' appearing in clause (i) of the proviso to sub-section (3) of section 80j of the act should not be construed to mean the assessment year in which the industrial undertaking begins to manufacture or produce articles, referred to as the 'initial assessment year' ..... barred by limitation. according to the income-tax officer, the deficiency could not be carried forward under sub-section (3) of section 80j of the act beyond the seventh assessment year as reckoned from the end of the assessment year in which the industrial undertaking commenced manufacture or production. there is no dispute .....

H.S. JaIn and ors., Etc. Vs. Union of India (Uoi) and ors., Etc.

Court : Allahabad

Reported in : (1997)1UPLBEC594

..... development of which could not have been foreseen completely by the most gifted of its begetters.'104. in this connection justice frankfurter while professor at harvard university said :'the constitution of the united states is not a printed finality but a dynamic process : its application to the actualities of government is not ..... and rondey brazier constitutional and administrative law (7th edition 1994 page 174 and e. s. wade & a. w. brandly constitutional and administrative law llnd edition, 1993.'110. emphasis supplied by us indicates that while handing over command of the assembly or parliament, as the case may be, as leader of the house the ..... legislature concentrates in itself the virtual control of both legislative and executive functions, and as the ministers constituting the cabinet are presumably agreed on fundamentals and act on the principle of collective responsibility, the most important questions of policy are all formulated by them.'in the same decision it was also held that .....

Rama Kant Misra Son of Hira Mani Misra Vs. Committee of Management, Ba ...

Court : Allahabad

Reported in : 2005(4)ESC2517

..... government;(iv) an educational institution owned and controlled by the state government or which receives grants in aid from the state government including a university established by or under a uttar pradesh act except an institution established and administered by minorities referred to in clause (1) of article 30 of the constitution.(v) respect of which ..... known as badri nath tiwari inter college, meja road, allahabad. said institution is a duly recognised institution under the provisions as contained under u.p. intermediate education act 1921 and regulations framed therein. said institution is engaged in imparting education up to intermediate level. institution in question is also in grant-in-aid list of the ..... would not have been available for being invoked on expiration of period of five years from 15.11.1993 but now after insertion of clause (4-a) in article 16 of the constitution, section 3(7) of u.p. act no. 4 of 1994 has become a valid law and, therefore, it cannot be struck down a .....

Law Society of India Vs. Fertilizers and Chemicals Travancore Ltd. and ...

Court : Kerala

Reported in : AIR1994Ker308

..... of the letter does not specify the requirements of either section 123 or section 124 of the evidence act. however, we perused the letter, and we passed an order on 14th december, 1993 finding that there is no reason to claim privilege to produce it in this litigation. we have also ..... storing hazardous material like ammonia.86. karl terzaghi, professor of the practice of civil engineering, harward university, lecturer and research consultant in civil engineering, university of illinois and ralph b. peck, research professor of soil mechanics, university of illinois, in their book 'soil mechanics in engineering practice' have observed thus : 'if ..... criminal procedure code. when we mention the statutes in this segment, we have to mention the travancore-cochin public health act, 1955, panchayat act, 1960, municipalities act, and the corporations'act, and the rules under these acts. they provided for certain measures intended for abating nuisance and for protection of public health and safety.164. .....

Nripendra Narayan Mahanta Vs. State of Assam and ors.

Court : Guwahati

..... teachers to be a member or to hold office on being elected, nominated or selected to cultural, academic, literary, scientific or sports association or organsiation recognized by the university.'13. learned counsel for the petitioners relied on 2 decisions of this court as reported in (1984) 2 glr 265 (baladmari gobindapur machmara and jalbowa samabay samity v. ..... the state of assam. and ors.) and (1993) 2 glr 170 (sanjay kumar mahanta v. state of assam & ors.).14. mr. g. uzir, learned counsel appearing for the registrar, cooperative society on the other hand ..... and accordingly section 32(4) would be applicable. in the instant case, the registrar by his impugned order has taken recourse to section 32(4) of the act of 1949 consequent upon disapproval of the proceedings of the agm held on 24.5.2003. consequently the one man ad hoc committee has been appointed to manage .....

Prathyusha Associates Rep. by Its Managing Partner, P. Raja Rao Vs. Ra ...

Court : Andhra Pradesh

Reported in : 2006(1)ALT691; 2006(2)ARBLR130(AP)

..... nagar maha v. narain das haribansh : [1970]2scr28 the apex court, at paragraph no. 8, observed thus:this court in the case of dr. s. dutt v. university of delhi said 'in our view all that is necessary for an award to disclose an error on the face of it is that it must contain, either in itself ..... not objected to by the claimant on all occasions. therefore, it implies that the minor changes suggested under some special circumstances while extending the original contract, dated 24-2-1993, from time to time, were agreed to by the claimant but such minor changes, by themselves, are not capable of changing the very basic nature of the original contract ..... petition was filed in september 1993 which was well within the period of limitation. we, therefore, reject this argument.47. in view of the decisions of the apex court in kerala state electricity board's case : [1977]1scr996 and eastern coalfield's case (3 supra), it is clear that article 137 of the limitation act would apply to the applications .....

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... india's constitution _ select documents (volume iv, b. shiva rao (ed.), new delhi: universal law publishing cp, 2004) at p. 86. the complete test of the suggested instructions is reproduced in pp.88-90). in the government of india act, 1935, the instrument of instructions appeared as instructions from the sovereign.61. the suggested list of ..... any invasion of the provincial field is done, it is in virtue of this obligation.' (t.k. thope, dr. ambedkar and article 356 of the constitution - : (1993)4scc1 . pursuant to this reasoning, dr. ambedkar further explained that before resorting to article 356 'the first thing the president will do would be to issue warning to a ..... with bjp given a call for kar sevaks to march towards ayodhya on december 6, 1992. the proclamation in respect of these states was issued on january 15, 1993. the proclamations dissolving the assemblies were issued on arriving at satisfaction as contemplated by article 356(1) on the basis of governor's report. it was held .....