Judgment Search Results Home > Cases Phrase: the kerala stay of eviction proceedings bill 2004 Page 100 of about 2,001 results (0.262 seconds)

State By Deputy Superintendent Of Police Vs. R. Soundirarasu Etc.

Court : Supreme Court of India

..... it is a settled principle of law that at the stage of considering an application for discharge the court must proceed on the assumption that the material which has been brought on the record by the prosecution is true and evaluate the material in order to determine whether the facts emerging from the material, taken on its face value, disclose the existence of the ingredients necessary to constitute the offence. ..... the total income of the accused and his family members and expenditure of the accused and his family during the above said period (i.e.1.1.2002 to 29.2.2004) have been tentatively assessed as rs.8,84,486 and 11,00, 198 respectively and hence there was no likely savings for the above said period and on the contrary there was an excess expenditure over the income of the accused to the extent of rs.2,15,712/ . ..... state of kerala (2008) 3scc542 has held that no judicial order can ever be passed by any court without providing a reasonable opportunity of being heard to the person likely to be affected by such order and particularly when such order results drastic consequences of affecting one s own reputation. v. .....

Sri. Peter J R Prabhu Vs. The State Of Karnataka

Court : Karnataka

..... paragraph 77, as under: the assent of the president or the governor, as the case may be, is considered to be part of the legislative process only for the limited purpose that the legislative process is incomplete without them for enacting a law and in the absence of the assent the bill passed could not be considered to be an act or a piece of legislation, effective and enforceable and not to extend the immunity in respect of procedural formalities to be observed inside the respective houses and certification by the presiding officer concerned of ..... of the constitution the state can proceed to acquire land for specified use when the state exercises the power of acquisition of a private property thereby depriving the private person of the property, provision is generally made in the statute to pay compensation to be fixed or determined according to the criteria laid down in the ..... all rights governed by leases, including the termination of leases and eviction from property leased, would be covered by the field of transfer of property and contracts ..... p.kesavan19 wherein, it is observed: as would appear from the preamble of the transfer of property act, the same applies 19 (2004) 9 scc772- 35 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 23287/2013 ..... srimad anantheshwara temple, manjeshwar kerala state, represented by its trustee, k gokuldas bhat, aged about70years, son of late a v p bhat, residing at "varalaxmi" - 2 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 .....

Sri Clarence Pais Vs. The State Of Karnataka

Court : Karnataka

..... paragraph 77, as under: the assent of the president or the governor, as the case may be, is considered to be part of the legislative process only for the limited purpose that the legislative process is incomplete without them for enacting a law and in the absence of the assent the bill passed could not be considered to be an act or a piece of legislation, effective and enforceable and not to extend the immunity in respect of procedural formalities to be observed inside the respective houses and certification by the presiding officer concerned of ..... of the constitution the state can proceed to acquire land for specified use when the state exercises the power of acquisition of a private property thereby depriving the private person of the property, provision is generally made in the statute to pay compensation to be fixed or determined according to the criteria laid down in the ..... all rights governed by leases, including the termination of leases and eviction from property leased, would be covered by the field of transfer of property and contracts ..... p.kesavan19 wherein, it is observed: as would appear from the preamble of the transfer of property act, the same applies 19 (2004) 9 scc772- 35 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 23287/2013 ..... srimad anantheshwara temple, manjeshwar kerala state, represented by its trustee, k gokuldas bhat, aged about70years, son of late a v p bhat, residing at "varalaxmi" - 2 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 .....

Lakshmana Naidu (Deceased) and ors. Vs. the State of Tamil Nadu Rep. b ...

Court : Chennai

Reported in : I(2007)ACC601; 2007ACJ1349; 2006(4)CTC225; (2006)3MLJ764

..... the high court, being protector of civi liberties of the citizen, has not only the power and jurisdiction, but also an obligation to grant relief in exercise of its jurisdiction under article 226 of the constitution to the victim or the heir of the victim whose fundamental rights under article 21 of the constitution of india are established to have been flagrantly infringed by calling upon the state to repair the damage done by its officers to the fundamental rights of the citizen, notwithstanding the right of the citizen to the remedy by way of a civil suit or criminal proceedings. ..... contravention of fundamental rights guaranteed by the constitution, when that is the only practicable mode of redress available for the contravention made by the state or its servants in the purported exercise of their powers, and enforcement of the fundamental right is claimed by resort to the remedy in public law under the constitution by recourse to articles 32 and 226 of the constitution.the above said judgment of the honourable supreme court of india makes it clear that for the violation of the fundamental rights of a citizen by the state or its servants, in the purported exercise of their powers ..... lazar was concerned, the tamil nadu administrative tribunal stayed all further proceedings and he is in service. ..... this court is of the view that the same principle adopted in 2004 w.l.r. ..... government of tamilnadu reported in 2004 w.l.r. .....

State of West Bengal and ors. Vs. Sanjeevani Projects (P) Ltd. and ors ...

Court : Kolkata

Reported in : 2006(1)CHN241

..... surprising that the law enforcing agencies of the state failed to act authoritatively by maintaining strict vigil over the area in question and allowed the plot of land to be filled up and the construction to proceed considerably when conversion of the plot of land -- a site which was within the east calcutta wetland area and included as a site of international importance in 2002 -- was rejected during 2003 as evident from the stay applications filed on behalf of the state ..... of 2004 from time to time had issued directions that none of the units which are required to obtain environmental clearance from the ministry of environment and forest, government of india, can proceed with any work without obtaining the environmental ..... such functions, rules have been prescribed in the west bengal panchayat (gram panchayat administration) rules, 1981 since substituted by west bengal panchayat (gram panchayat administration) rules, 2004 with effect from 23rd november, 2004 substituting rules 23a and 23e of the 1981 rules by rules 22 and 26 of the 2004 rules, the provisions whereof are identical with each other ..... hence, in view of the notification dated 7th july, 2004 coupled with the fact that no approval for conversion of the plot of land had been obtained by the writ petitioners, the sanctions to the building plans by the concerned gram panchayat for the construction of the villas are illegal ..... . reference may be had to kerala education bill (in re:), : [1985]3scr890 , 1959 scr 995 : air 1958 ker .....

Kashmir Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

..... the complainant has also failed to satisfy the court as to why the accused party should oust him from the land in dispute forcibly when the accused party had already initiated eviction proceedings against him. ..... he further alleged that on 24.9.2000, ignoring the stay order, all the accused aforesaid armed with guns, dangs and sotas took away his crop after harvesting the same with the help of a combine machine and also damaged his green fodder crop sown in 4 kanals land. ..... ultimately, vide order dated 12.2.2004, the complainant was called upon for recording of his statement and the eye witness to take cognizance in the present case. ..... so, from his statement dated 16.3.2004, the names of khan singh and dharam singh were missing and from his statement dated 15.2.2007 name of ruldu singh was missing and to surprise of the court, from his statement dated 24.12.2008, the name of his wife mehran bai to be an eye witness of occurrence was missing. ..... in his statement dated 16.3.2004, no witness of the name of dharam singh was alleged to be present on the spot whereas as per his version dated 15.2.2007, there were witnesses namely dharam singh and his wife who saw the occurrence. .....

Sk. Rustum Vs. The State of Maharashtra

Court : Mumbai Aurangabad

..... submitted that although the mother of victim was old tenant in the concerned wada, there was no material to show that there was any eviction proceeding. ..... state, cited supra, the hon'ble supreme court discussed the evidence and in para 15 of the judgment considered the picture which emerged on considering the evidence and further discussed the observations of the supreme court in various earlier judgments and taking note of the settled legal propositions, found that it could not be held in that matter that the prosecutrix was not knowing the appellant prior to the incident and if her evidence was to be read and considered in totality of circumstances, the same did not inspire ..... state of kerala, cited supra, the hon'ble supreme court dealt with matter where the accused had taken the victim from the convent by representing himself to be husband of one of the sisters of the victim and on next day the dead body of the victim was found near the railway line. ..... it is claimed that the owner of the wada where mother of the victim was residing is of uncle of the accused and the said uncle ismail and the accused had asked the mother of the victim to vacate the rented premises. ..... state of haryana, air 2004 sc 1497(1) to submit that the evidence of the prosecutrix stands on higher pedestal than even injured witness. .....

K Mallikarjuna Vs. H A Sudha Mallikarjuna

Court : Karnataka

..... in view of the fact that the parties have been living separately for more than 10 years and a very large number of aforementioned criminal and civil proceedings have been initiated by the respondent against the appellant and some proceedings have been initiated by the appellant against the respondent, the matrimonial bond between the parties is 23 beyond repair. ..... in view of the aforesaid rival contentions urged by the learned counsel for the parties, the points that arise for our consideration in the present miscellaneous first appeal are:- i) whether the appellant-husband has made out a case to interfere with the impugned judgment and decree passed by the trial court dismissing the petition filed by the husband under the provisions of section 13(1)(i-b) of the hindu marriage act?. ..... thereby, the trial court by the order, dated 7.12.2004, allowed the petition filed by the husband and dissolved the 5 marriage of the appellant by granting a decree of divorce. ..... she further contended that the appellant started to give all sorts of trouble in order to drive her from his house and forced her to stay in her parents house. ..... even after lapse of about four years, there was no attempt on the part of the wife to stay with her husband. .....

Sri Hemesha S M Vs. The State Of Karnataka

Court : Karnataka

..... the power of investigation is conferred on the lokayukta or upalokayukta and the police wing is attached to the institution of lokayukta as per the statutory provisions, it cannot be reasonably imagined that in the course of the investigation by them, even if commission of an offence is detected either by the lokayukta or by the upalokayukta, it will not have jurisdiction to deal with the matter and that they have to be only a helpless spectator to condone the offences committed and stay their hands and that their power is limited only to initiate disciplinary proceedings ..... 3 1 8 1993 14 39 1 2 0 9 1994 18 71 0 2 0 10 1995 14 49 1 5 1 212 11 1996 17 75 3 3 0 12 1997 15 77 6 4 0 13 1998 12 77 12 9 0 14 1999 9 93 3 5 0 15 2000 10 128 5 8 0 16 2001 14 123 3 9 2 17 2002 11 90 4 9 1 18 2003 21 139 4 8 3 19 2004 32 182 0 10 0 20 2005 36 166 10 12 0 21 2006 28 184 5 8 0 22 2007 31 127 3 6 1 23 2008 18 102 3 6 3 24 2009 24 102 13 11 0 25 2010 67 143 12 9 1 26 2011 84 158 22 7 7 27 2012 70 106 12 7 10 28 2013 51 109 3 8 22 29 2014 49 140 10 8 17 30 2015 63 161 18 16 ..... the statutory provisions, the court has to keep in mind the statement of objects and reasons published in the gujarat gazette (extraordinary) dated 1-8-1986, as here, it is revealed that the purpose of the act is also to provide for the manner of removal of a person from the office of the lokayukta and the bill ensured that the grounds for such removal are similar to those specified for the removal of the judges of the ..... kerala .....

Sri T N Rangaswamy Vs. The State Of Karnataka

Court : Karnataka

..... the power of investigation is conferred on the lokayukta or upalokayukta and the police wing is attached to the institution of lokayukta as per the statutory provisions, it cannot be reasonably imagined that in the course of the investigation by them, even if commission of an offence is detected either by the lokayukta or by the upalokayukta, it will not have jurisdiction to deal with the matter and that they have to be only a helpless spectator to condone the offences committed and stay their hands and that their power is limited only to initiate disciplinary proceedings ..... 3 1 8 1993 14 39 1 2 0 9 1994 18 71 0 2 0 10 1995 14 49 1 5 1 212 11 1996 17 75 3 3 0 12 1997 15 77 6 4 0 13 1998 12 77 12 9 0 14 1999 9 93 3 5 0 15 2000 10 128 5 8 0 16 2001 14 123 3 9 2 17 2002 11 90 4 9 1 18 2003 21 139 4 8 3 19 2004 32 182 0 10 0 20 2005 36 166 10 12 0 21 2006 28 184 5 8 0 22 2007 31 127 3 6 1 23 2008 18 102 3 6 3 24 2009 24 102 13 11 0 25 2010 67 143 12 9 1 26 2011 84 158 22 7 7 27 2012 70 106 12 7 10 28 2013 51 109 3 8 22 29 2014 49 140 10 8 17 30 2015 63 161 18 16 ..... the statutory provisions, the court has to keep in mind the statement of objects and reasons published in the gujarat gazette (extraordinary) dated 1-8-1986, as here, it is revealed that the purpose of the act is also to provide for the manner of removal of a person from the office of the lokayukta and the bill ensured that the grounds for such removal are similar to those specified for the removal of the judges of the ..... kerala .....