Court : Chennai
Reported in : (2009)6MLJ107
..... krishnan, learned senior counsel appearing for the contesting respondents, who are the original writ petitioners, that when the writ petitioners were admitted as members of the advocates welfare fund and when it is not denied that the amount contributed by them also forms part of the advocates welfare fund under section 3 of the welfare fund act, there is no authority on the part of the respondents in the writ petitions to pass the impugned amendment, discriminating between the advocates while granting the lumpsum benefits.20. ..... (3) the trustee committee shall consist of:(a) the advocate general of the state of tamil nadu, who shall be the chairman of the trustee committee, ex-officio;(b) the secretary to the government in law department, ex-officio;(c) the secretary to the government in home department, ex-officio;(d) the government pleader or the public prosecutor, as may be nominated by the government;(e) three members of the bar council nominated by it for a period of three years, and(f) the secretary of the bar council who shall be the secretary of the trustee committee, ex-officio.the secretary of the bar council of tamil nadu is the ex-officio secretary of the trustee committee.39. ..... state of punjab : [2002]2scr881 to substantiate his contention that the retired persons form a class by themselves. 17. mr. r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2008(8)SC621; 2008(11)SCALE211; (2008)9SCC284; 2009(1)SLJ109(SC); 2008AIRSCW5817; 2008LabIC3608; 2008(6)Supreme56
..... has in its counter affidavit taken a stand that public administration is one of the branches of political science and the selection committee comprised of eminent scholars had rightly chosen the appellant for the post of reader after considering his academic achievements and also relying upon the view of the university grants commission in its letter dated 5.3.1992 stating that the subject of political science and public administration are interchangeable and inter-related and that a ..... , in regulation 2 it has been generally indicated that no person shall be appointed to a teaching post in the university or in any institution, including constituent or affiliated colleges recognized under the ugc act, 1956, or any institution deemed to be a university under section 3 of the said act, in a subject, if he/she does not fulfil the requirement as to the qualifications for the appropriate subject.8. ..... prasad panda's case (supra), this court did not have the benefit of the views of the university and the university grants commission and the conclusion was arrived at on the basis of a personal understanding of public administration and political science ..... senior counsel for the appellant submitted that in the ugc regulation for the post of lecturer the requirement was a master's degree in the relevant subject, whereas the expression `in the relevant subject' is not mentioned in the qualifications for the post of reader. ..... [2000]1scr402 ; varanaseya sanskrit vishwavidyalaya and anr. v. dr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)AWC121(SC); JT2009(15)SC92; 2009(11)SCALE525; (2009)9SCC92; 2009AIRSCW5353
..... (ii) published after the commencement of the land acquisition (amendment) act, 1984, shall be made after the expiry of one year from the date of the publication of the notification;it can be seen from the aforesaid proviso to section 6 that it is couched in negative language. ..... the explanation of a nishedha vidhi appears more clearly from jaimini's sutras on the kalanja maxim.the objector says:in a case of prohibition, mentally you entertain the idea of the action prohibited; for you have to discriminate between the prohibited act and the negation of that act.the objector means to say 'what is the good of a prohibition when it invites the imagination to gloat on the action prohibited'. ..... the facts in brief are that a notification under section 4 of the land acquisition act, 1894 (hereinafter for short 'the act') was issued in respect of the land in question on 29.8.2002. ..... : (2002) 3 scc 533 is clearly in support of the submission of the learned counsel for the appellants that the proviso to section 6 is mandatory, and hence the notification under section 6 dated 30.10.2006 is time barred. ..... no reasons are insisted upon injustification of this conclusion which we have arrived at as declaration under section 6 issued concerning the lands of the petitioner dated 29.8.2002 will have to be set aside and the same is hereby quashed and set aside. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)5MLJ1032
..... court and he has given a detailed report which forms part of the records and that in the suit temple, there is no kodimaram, hundi and no collection of money made among the members of the public and in fact as per amendment made to hr & ce act in the year 1999, earlier samadhi has been included as a temple and later the same has been deleted as per tamil nadu act 4 of 2008 and that the deceased batcha reddiar being an affluent person put up temple in a private patta property belonging ..... to him and that he has purchased the property and constructed vinayagar temple and it is a misnomer to say samadhi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC722; JT2009(11)SC344; 2009(11)SCALE794; (2009)9SCC772:2009(5)LH(SC)3354
..... be assumed that with the determination of the tenancy, the estate must necessarily disappear and the statute can only preserve the status of irremovability and not the estate he has in the premises in his occupationin the same paragraph, the decision reproduced section 2(l) of the delhi rent control act that defined tenant both as it stood prior to and after its amendment by act 18 of 1976 and observed as follows:it is, therefore, clear from the definition of tenant, whether in the original act or in the amended act, that the tenant within the meaning of the definition of the term in the act includes any person ..... the court directed that the amount in arrears should be deposited by january 10, 2009 and from that date the future deposits for every month should be made by the tenth of the next succeeding month. ..... naval kishore behal : (2002) 5 scc 397, to the following effect:.the courts have to adopt a reasonable and balanced approach while interpreting rent control legislations starting with an assumption that an equal treatment has been meted out to both the sections of the society. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW5899; AIR2010SC229; 2010(1)ALT29(SC); 2009(4)AWC3635; JT2009(14)SC139; (2009)8MLJ405(SC); 2010(1)MPHT387(SC); (2010)157PLR248; 2009(12)SCALE115; (2009)10SCC415; 2009(9)LC4071(SC)
..... - (1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. ..... om prakash : (1991) 2 scc 25, wherein this court held that the consent given by the parties to the filing of a petition for mutual divorce had to subsist till a decree was passed on the petition and that in the event, either of the parties withdrew the consent before passing of the final decree, the petition under section 13b of the hindu marriage act would not survive and would have to be dismissed.9. ..... puneet kishore : (2002) 10 scc 194, while hearing a transfer petition, invoked its jurisdiction under article 142 of the constitution, and directed the parties to file a joint petition before the family court at bandra, mumbai, under section 13b of the hindu marriage act, 1955, for grant of a decree of divorce by mutual consent, along with a copy of the terms of compromise arrived at between the parties. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC4100(SC); JT2009(12)SC135; 2009(12)SCALE393; (2009)10SCC63:2009(5)LHSC3228
..... clause.vii) if the value of the claim in a reference exceeds rs. ..... for any reason, what so ever the matter is not to be referred to arbitration to all.iv) the arbitrator may from time to time, with the consent of all the parties to the contract enlarge the time for making the award.v) upon every and any such reference, the assessment of costs incidental to the reference and award respectively shall be in the discretion of the arbitrator.vi) subject as aforesaid, the arbitration act, 1940 and the rules there under and any statutory modifications thereof, for the time being proceedings under this ..... in the claim petition filed by the respondent, in paragraph 18, it has been stated that in view of non availability of certain details which are in possession of the respondent and otherwise, the claimant reserves its right to add, amend and/or modify the statement of claims. ..... dev dutt pandit : (1999) 7 scc 339.38. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2507
..... while sanctioning the the scheme the learned company judge took notice of the salient features of the scheme which reads as follows:(i) all the properties of the demerged undertaking transferred by the petitioner company immediately before the demerger become the properties of the respective resulting companies by virtue of the demerger;(ii) all the liabilities relatable to the demerged undertakings being transferred by the petitioner company, immediately before the demerger become the liabilities of the respective resulting companies by virtue of the demerger; (iii) the properties and the liabilities, if any, relatable to the demerged undertakings being transferred by the petitioner ..... viewed in this context, the company application under section 392 of the companies act, for amendment of an agreement made pursuant to the scheme is not maintainable. ..... (vi)50%of the commitment for supply of gas would be supplied in the financial year2008-2009 and the balance 50% in 2009-10.notreflected in the pleadings(vii)assoon as the p1 reserves are identified, a binding gas supply agreement, inaccordance with international best practices, bankable in the internationalfinancial markets would be finalized and entered into, not later than 45 daysfrom the date of this mou. ..... the exploration efforts in block kgd6 are still ongoing after the initial discovery in the year 2002. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)ALT3(SC); JT2009(12)SC210; RLW2010(1)SC434; 2009(12)SCALE516; (2009)10SCC223; 2009(9)LC4445(SC); 2009AIRSCW6026; 2009(5)LHSC3282
..... in our judgment, those are:(1) a contract to transfer immovable property; (2) the transfer should be for consideration; (3) the contract must be in writing; (4) it should be signed by or on behalf of the transferor; (5) the terms of the contract can be ascertained with reasonable certainty from the writing; (6) the transferee takes possession of the whole or part of the property or if already in possession continues in possession; (7) such taking of or continuance in possession should be in part performance of the contract; (8) the transferee should do some act in furtherance of the contract; and (9) he should have performed, or be willing to perform, ..... not incorporated in the transfer of property act but the same came by way of an amendment for the first time by the transfer of property amendment act 1929 (act of 1929). ..... :.it is necessary to remember that wide as are our powers under article 136, their exercise is discretionary; and if it is conceded, as it was in the course of the arguments, that this, court could have dismissed the appellant's application for special leave summarily on the ground that the order under appeal had done substantial justice, it is difficult to appreciate the argument that because leave has been granted this court must always and in every case deal with ..... legal position, the learned counsel for the appellant argued that on 8.5.2002 the probate was granted by the bombay high court to the husband of the testatrix and her husband was the sole executor .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR698; 2009(111)BomLR665; 2009(2)MhLj243
..... 1 to 3 and raised various contentions, both on the facts and the law, and contended that the petitioners are in exclusive possession of the said flat since march, 1963 and on the amendment to the erstwhile bombay rent act, 1947, petitioner no. ..... (ii) the location/ area of the premises (iii) the age/ nature of construction of the building/premises (iv) the facilities in the premises and outside the premises, advantages and disadvantages (v) the market value and the rental value of the premises based on architecture / expert / valuation reports / opinion (vi) other instances of the rent / license fees of similarly situated premises (vii) the date of termination of the tenancy / license. ..... , once a decree for eviction has been passed, in the event of execution such reasonable terms, as would in the opinion of the appellate court reasonably compensate the decree holder for loss occasioned by delay in execution of the decree by the grant of stay in the event of the appeal being dismissed. ..... (1) with effect from 30/07/2002, the date of the decree passed by the high court, the appellant shall be liable to pay or deposit for payment to the respondent landlords, an amount calculated @ rs. ..... another tenant of 2002, paying rent of rs. .....
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