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indra Sawhney and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321

..... after an exhaustive review of authorities on the point, a constitution bench of this court stated:the true position, therefore, is that any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge if it is in conflict with the constitution or the governing act or the general principles of the law of the land or it is so arbitrary or unreasonable that no fair minded authority could ever have made it. p. ..... in para 2.65 it is mentioned that andaman and nicobar, arunachal pradesh, chandigarh, dadri and nagar haveli, goa, daman and diu, lakshadweep, madhya pradesh, manipur, mizoram, nagaland, sikkim, tripura and west bengal have never prepared a list of obcs. ..... the mandal commission's lament in its report, that it did not even receive replies to the information sought by it from various governments, departments and organizations on the caste-wise composition of their services, speaks volumes on the point. .....

St. Stephen Vs. the University of Delhi Etc., Etc.

Court : Supreme Court of India

Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121

..... integration and to bring about the all indian character of institute, the distribution of the seats will be as follows:zones:north : himachal pradesh, jammu &kashmir;, punjab, haryana, rajasthan, bihar, bengal and delhi40%south : orissa, andhra, tamil nadu, kerala, karnataka, pondicherry, goa, andaman & nicobar30%west : gujarat, maharashtra, madhya pradesh10%north-west : assam, arunachal, mizoram, nagaland, manipur, meghalaya, tipura and sikkim20%(2) scheduled caste students who qualify the entrance test and old ..... the delhi university in its affidavit-in-opposition has justified the issuance of the aforesaid circulars with reference to the provisions of the delhi university act, the ordinance ii and the relevant statutes of the university. ..... by section 23, the academic council has been constituted as the academic body of the university, and it shall, subject to the provisions of the act, statutes and ordinance, have the control and general regulation, and be responsible for the maintenance of standards of instruction etc.50. ..... the court observed that although the nucleus of aligarh muslim university was the mohammadan anglo-oriental college which was till 1920 a teaching institution, the conversion of that college into the university was not by the muslim minority but it took place by virtue of the act of 1920 which was passed by the then central legislature. .....

Peerless General Finance and Investment Co. Limited and anr. Vs. Reser ...

Court : Supreme Court of India

Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406

..... for short 'first peerless case' while holding that prize chits arid money circulation schemes (banning) act, 1978 does hot attract 'recurring deposits schemes', pointed out that the schemes harshly operate against the poor sections of the society who require security and protection; urgent action appeared to be called for and was imperative to protect the public and emphasized to evolve fool proof scheme to prevent fraud being played upon persons not ..... the business carried on by the companies is that of only a middleman or of commission agents and it is for the companies to restructure their organization by curtailing its expenses. ..... are free to incur such expenses and organize their business as they desire including payment of commission as they think expedient. ..... the rnbcs are free to incur such expenses and organize their business as they desire as long as the depositors are fully secured at all times. .....

Jamshed N. Guzdar Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984

..... in narottamdas's case (supra) it is clear that special jurisdiction was referable to entry 53 in list i, entry 2 in list ii and entry 15 in list iii of viith schedule of government of india act, 1935 for two reasons : firstly, said entries were with respect to specific matters in the respective lists and, therefore, it was construed to be dealing with special jurisdiction, whereas entry 1 in list ii did not deal with any specific matter in list ii and therefore, it was ..... 120 of the said judgment reads as under : 'under the constitution, parliament has by ordinary law the power to constitute and organize, that is, to create, new high courts as also to enlarge or abridge the jurisdiction of all high courts, including the high courts which were in existence at the commencement of the constitution.' mr ..... out the difference between entries 77 and 78 the supreme court in para 8 has observed as under :-- 'it will, however, be noticed that entries 77 and 78 in list i are composite entries and deal not only with the constitution and organization of the supreme court and the high courts but also with persons entitled to practise before the supreme court and the high ..... deals with constitution, organisation, jurisdiction and powers of the supreme court whereas entry 78 deals with only constitution and organization of the high court and not with jurisdiction and powers of the high court. ..... entry 3 : administration of justice constitution and organization of all courts, except supreme court and .....

A and a Enterprises Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1993(0)MPLJ104

..... , cannot be supported on the basis of additional reasons and resort to power contained in sub-section (2) of section ..... in the case before us, however, the impugned notification (annexure-m) which is based on the notification dated 19-7-1991 (annexure-h) has been expressly issued in exercise of power under sub-section (3) of section 3 of the act, stating therein the reason for change of membership of the commission, to be one that the terms and conditions offered by justice ramalingam after his retirement have not been found acceptable to the government the above notification making a change in the membership of the commission, expressly issued under section 3(3) of the act and for the reason stated therein .....

Planned Parenthood of Southeastern PA. Vs. Casey

Court : US Supreme Court

..... reports made by facilities receiving public funds-those identifying the facilities and any parent, subsidiary, or affiliated organizations, 3207(b), and those revealing the total number of abortions performed, broken down by trimester, 3214(f)-are rationally related to the state's legitimate interest in informing taxpayers as to who is benefiting from public funds and what services the funds are supporting; and records relating to the expenditure of public funds are generally available to the public under pennsylvania law. pp. 976-977 ..... argued april 22, 1992-decided june 29, 1992* at issue are five provisions of the pennsylvania abortion control act of 1982: 3205, which requires that a woman seeking an abortion give her informed consent prior to the procedure, and specifies that she be provided with certain information at least 24 hours before the abortion is performed; 3206, which mandates the informed consent of one parent for a minor to obtain an abortion, but provides a judicial bypass procedure; 3209, which commands that, unless ..... . section 3207 of the act requires each abortion facility to file a report with its name and address, as well as the names 977 and addresses of any parent, subsidiary, or affiliated organizations. 18 pa .....

Ganesh Rout Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : 76(1993)CLT281; (1994)ILLJ795Ori; 1993(I)OLR380

..... the learned counsel submits that the petitioner being a member of the armed force, article 33 of the constitution has conferred power on the parliament to modify the rights given by part iii of the constitution by a law, inter alia, to ensure proper discharge of duties by the members of the armed force; and the petitioner's negligence being related to discharge of his duty, we may not take a serious view of the little flaw in the finding arrived at by the inquiring officer. ..... , is that even though hearsay evidence is admissible, the same cannot be taken to have been in any way affected by the principle that substantive rules on evidence act (as distinct from technical rules), which form part of principles of natural justice, can be ignored by domestic tribunals, and that a fact sought to be proved must be supported by statements made in the presence of the person against whom the enquiry is held and that statements made behind the back of the person charged are not to be treated as substantive ..... union territory of mizoram air 1981 sc 806 in which, while deciding the question whether the central reserve police force (c.r.p.f. .....

State of Karnataka Vs. G. Lakshman and Others

Court : Karnataka

Reported in : 1993(2)ALT(Cri)310; 1993CriLJ2331; ILR1993KAR1430; 1992(2)KarLJ190

..... the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction - (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the union, of the central government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a state, of the ..... , sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it or a court of justice or a person to whom it is, in the interests of the state, his duty to communicate it; or (b) uses the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the state; or (c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or wilfully fails ..... 18/3/72/gpa-2 dated 7-2-73 addressed to the government of mizoram by sri amar singh concerning ministry of home affairs, government of india, copy of note dated 17-4-82 of sri zial singh, home minister dated 23-4-1982, copy of the letter addressed to home secretary, m.h.a. .....

R.K. JaIn Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1769; 1993(65)ELT305(SC); JT1993(3)SC297; 1993(2)SCALE843; (1993)4SCC120; [1993]3SCR802

..... ' (a) where the contents of the documents are relied upon, the interests affected by their disclosure; (b) where the class of documents is invoked, whether the public interest immunity for the class is said to protect; (c) the extent to which the interests referred to have become attenuated by the passage of time or the occurrence of intervening events since the matters contained in the documents themselves came into existence; (d) the seriousness of the issues in relation to which production is sought; (c) the likelihood that production of the documents will affect the outcome of the case; (t) the likelihood of injustice if the documents are ..... it is already held that on issuance of rule nisi or 'discovery order nisi' every organ of the state or the authority or a person is enjoined to act in aid of this court and pursuant thereto shall be required to produce the summoned documents. ..... of mizoram did not possess the requisite qualifications for appointment as a judge of the high court prescribed under article 217 of the constitution, namely, that he was not district judge for 10 years in state higher judicial service, which is a mandatory requirement for a valid appointment. .....

Mrs. S. Aruna and anr. Vs. Secretary to the Government of Tamil Nadu, ...

Court : Chennai

Reported in : (1996)ILLJ174Mad

..... it is also pointed out that under the provisions of the madras race club (acquisition and transfer of undertaking) act, 1986 (hereinafter referred to as the act 1986) that the undertaking of the madras race club stands transferred to and vested in the government, that under section 6 of the act the government has the power to vest the undertaking vested in them with a government company and that under subsection (2) of section (9) of the act, where the undertaking has not vested in a government company, the control, management of the madras race club vests with the custodian. ..... tamil nadu race course employees union :1992 lab 1c 2004. ..... during the course of arguments and after going in to the provisions of the act 1986, this court wanted to ascertain the stand of the state, as to whether the petitioners are government employees or whether the act has been given effect in toto, when no proper answer was forthcoming from the learned counsel appearing for the respondent, the department of racing, this court requested the learned advocate-general to assist the court and state the exact status of the employees of racing club in law as on date.23. .....