Court : Andhra Pradesh
Reported in : AIR1967AP299; 1967CriLJ1470
..... instead of giving a clear cut verdict on this vital matter, the supreme court after thirteen adjournments naturally managed by the attorney general representing the trustees and the state's advocate general representing the chief secretary and the director of endowments, recorded the compromise which in effect admits the applicability of only particular clauses of the hyderbad endowment regulation act, which on the very face of it is discriminatory and hence not valid. ..... after the entire evidence was recorded, arguments were heard at hyderabad where judgment also was pronounced by about the middle of 1965.an appeal which was preferred to this court from the decision of the election tribunal has also been disposed of the writing in question was published by the respondent while the proceedings relating to the election petition against sri brahmananda reddi were pending before the election tribunal. ..... sanjeeva reddy, then home minister observed that from now 'we hall dispense with justice' to the merriment of all those who participated in the function. ..... sanjeeva reddi, the then home minister observed when the andhra high court was inaugurated in guntur in 1954 that 'from now on 'we shall dispense with justice. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(5)ALD442; 2006(5)ALT361
..... offering general educational courses, libraries, office and banks.parks, play-ground and other recreational uses, public assembly halls, cultural centers social and welfare institutions.clinics, nursing homes, hospitals, dispensaries, treating contiguous diseases and mental patients.public utility buildings, temples, mosques, churches and other religious buildings.petrol filling stations and petrol pumps with ..... of retail newspaper offices with specifically mentionedbusiness, department stores, hotels printing presses taxi and herein including theand restaurants and their accessory scooter stands, nursing following: agriculturaluses, professional business homes, hospitals and use of all types,establishments, libraries, offices, medical centers clean quarrying of gravel,banks, financial institutions, industries not exceeding 20 sand, clay and stonetheatres, cinemas ..... libraries, use clearly incidental to purpose of develop-gardens, plant nurseries and residential use which will not ment of the area customary home occupations and create nuisance or hazard, commercial enter-cottage industries not involving temples, mosques and other tainment like touring the use or installation of any religious buildings, municipal, in cinemas, circus machinery driven by power or any state and ..... the area comprised within the jurisdiction of municipal corporation of vijayawada and guntur or any municipality constituted under municipalities act, 1965 and such other area declared to be urban area by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All295; 1967CriLJ682
..... where the government chose to bring the offender to book under the ordinary criminal laws of the country and the government was told by the courts that the accused was outside the reach of such laws, then, it is not mala fides but bona fides of the government, when it applies the preventive detention act only as a means of last resort where the ordinary laws of the land had failed it only shows that the government acted in good faith and was reluctant to apply its summary powers of preventive detention in the first ..... however, a few days before the pronouncement of the judgment in habeas corpus petition the applicant had moved the instant application on 8-2-1965 for proceedings in contempt against the opposite party, principally on the footing that the opposite party had detained the applicant on the grounds which bad already been judicially decided in his favour by contempt of courts of law.7. ..... 317 of 1965 that 'neither the findings recorded in the previous case nor the evidence led in support of the allegations upon which those findings were given could be teken as grounds for the petitioner's detention'. ..... regarding the remaining grounds mentioned in the district magistrate's notice dated 6-1-1965 the division bench observed as follows :'there may be circumstances such as communal disturbances and riots in which the detention of a notorious goonda may be justified. ..... 317 of 1965. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1966AP167; 1966CriLJ642
..... magistrate are:'you convicted me without reading section 6 of the act and accepting the fake notification dated 28-2-1944 for the making rules for the collection of assessment of duties under the sea customs act.....you took cognizance of the complaint which was addressed to the other magistrate beside neglecting to read the act and asking for the notification to be filed immediately.you adjourned the case several limes giving timefor the complainant to get at and file the notification under section 6 of the act i of 1944, withouteven summoning me and without ..... also contended that he was under no obligation to take a licence from the department for manufacturing salt on the ground that no notification was issued by the government to that effect in respect of the land in question the trial magistrate held that the salt officials committed the acts alleged in the exercise of their duty and that no injury had been caused to the respondent, and acquitted the accused against thr judgment of acquittal, the respondent carried the matter in appeal to this court in criminal appeal no. 266 of 1962, ..... . in order to substantiate his statement from the bar, he also filed an affidavit dated 28-7-1965 to that effect .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All394; 1967CriLJ980
..... no personal animosity or grouse between the applicant and the sessions judge has been suggested or proved by the former except that he had approached the high court against the order of the sessions judge dated 27-7-64 refusing to decide the belated objection of the applicant regarding the legality of the sanction granted by the state government for prosecuting the applicant under section 500 i. p. c. ..... to the sessions judge, as soon as he had entered the court room, yet, after perusing the same as well as the accompanying stay order granted by the high court, the sessions judge put the applicant in custody and then slaved the proceedings in the case: while, according to the sessions judge, the applicant had first been put under arrest (as soon as he had filtered the court room) and it was then that he had moved the aforesaid application. ..... in fact it was after his arrest that the applicant had shown the copy the stay order of the high court to the sessions judge that being the position, the opposite party did not intentionally flout the stay order issued by the high court nor did he commit any contempt of this court or of his own. ..... pannalal has filed this application for proceedings under sections 3 and 4 of the contempt of courts act against sri r. k. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori244; 1976CriLJ405
..... 'the underlined expressions in section 16 of the general clauses act and article 367(1) of the constitution furnish the clue to the problem whether the governor, the appointing authority of the district judges under article 233 of the constitution, has the power to suspend them by application of section 16 of the general clauses act, or whether such power would come within the ambit of article 235, the same being excluded from the scope of article 233 as indicated by a different intention and the context being otherwise.in air 1961 cal 1 at ..... one is not to be surprised at the continuance of such a provision, as the appeal rules came into force in 1962 and the interpretation of article 235 by the supreme court was made in september, 1965 and no effort has been made to alter or adapt the conditions of service framed in the appeal rules in conformity with the law laid down in bagchi's case.reliance was placed by the contemner on air 1972 sc 554 (p. ..... these are my first considerations, i cannot afford to wait for the permission of the honourable court it is true that i would not be absent from my home for this entire period; but when i will go out, depends on the replies of my advocates, and the dates, when the appeals will be filed in the supreme court, and taken up there. ..... /xix-21/ 71 (annexure-1) to the secretary to the government of orissa, home- department, bhu-baneswar, on 26th of july, 1971 to terminate the temporary service of shri b. k ..... discussed the home department notification .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1977Raj233; 1977()WLN84
..... , jodhpur, is directed against an order of the rajasthan state co-operative tribunal, rajasthan, jaipur, dated 29-7-1976, rejecting an appeal preferred by it under section 123 of the rajasthan cooperative societies act, 1965 (hereinafter referred to as 'the act') on the ground that it was not maintainable, and that dated 12-11-1976 dismissing an application for review preferred by it.2. ..... if they are void, it is true that no conduct of his will validate them; but such consideration do not affect the principles on which the court acts in granting or refusing the writ of certiorari.this special remedy will not be granted ex debito justitiae to a person who fails to state in his evidence on moving for the rule nisi that at the time of the proceedings impugned he was unaware of the facts on which he relies to impugn them. ..... it applies equally whether the objection is on grounds which make the act of the justices voidable or void. ..... -- the tribunal hearing an appeal under this act shall exercise all the powers conferred upon an appellate court by section 97 and order xli in the first schedule to the code of civil procedure, 1908. ..... 4 ramchandra, who is a member of the petitioner society, raised a dispute under section 75 of the act claiming that a sum of rupees 16,143.50 p. ..... the court cannot, therefore, add legislature's defective phrasing of an act or add and amend or, toy construction, make up deficiencies which are left in the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All586; 1967CriLJ1594
..... compensation to lallan aforesaid, the opposite party distributed a printed pamphlet on 28-11-1965 in which, inter alia, he alleged that the magistrate, shri dinesh mohan arya, depends upon the mercy of the district magistrate and acts according to the letter's directions, that he also acts upon the advice of his reader, ahalmad and court-inspector and that the three officials aforesaid bring to bear their influence in getting certain wrong and unjust orders passed by the said presiding officer, which ..... are set aside in appeal by the sessions judge and the commissioner ..... already held above that the pamphlets distributed by the opposite party, who is supposed to be a responsible representative of the people in the legislature, contained not only criticisms of the person and morals of the judicial officer concerned, but out of malice also attributed motives to him for having acted against the opposite party, on considerations other than judicial, in deciding cases on the extraneous advice of the district magistrate the reader the ahalmad and the court inspector of his .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC98; [1995(71)FLR836]; (1996)1MLJ70(SC); 1995(5)SCALE102; (1995)5SCC716; [1995]Supp3SCR228; [1996]100STC108(SC); (1996)1UPLBEC607
..... it would thus be clear that as regards assessment, levy and collection of sales tax or penalty under the act, though the dispute in relation thereto is a cognizable civil dispute by a civil court of competent jurisdiction, the statute by necessary implication takes out the disputes covered by the act from the jurisdiction of the civil court and gives exclusive jurisdiction to the appellate authority and a further revision to the tribunal with ultimate power of judicial review by the high court under article 226 of the constitution.11. ..... concerning contempt of the high court by some of the members of the bar association of allahabad high court and the police officials had come up for orders, pursuant to a suggestion made by the bar by order dated february 21, 1995, this court directed the attorney general to convene a meeting of some of the leading senior members of the bar of the supreme court to suggest ways and means to tackle the problem of strike or boycott by the advocates. ..... from these facts the question that emerges is whether the high court, at the instance of the advocates and the bar, could prohibit the quasi-judicial statutory authority from discharging the statutory duties and whether was justified in directing the government to withdraw the functions from him and transfer the same to some other jurisdiction ?10. ..... : [1965]57itr349(sc) also is of no assistance to the 1st respondent. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR84; 1999BomCR(Cri)907
..... of provisional liquidator an offence has already been committed then the subsequent order cannot absolve the company or its directors of the offence nor give rise to any defence in the proceedings under section 138 of the negotiable instruments act, thereafter in para 56 the contention raised on behalf of the petitioners that proceedings under section 138 be stayed on account of the fact that the proceedings in winding up had been filed was rejected on the ground that the proceedings have no bearing and are entirely unrelated and unconnected ..... it may also be noted that for the purpose of the act, court means under section 2(ii) the court having jurisdiction under the act with respect to the matters relating to the company under section 10 of the act and in respect of any offence under the act judicial magistrate, first class, or presidency magistrate having jurisdiction. ..... life insurance corporation of india and others 1965(35) c c 755, the apex court was considering the question as to whether the provisions of the life insurance corporation act, 1956 would override the provisions of the company act. .....
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