Court : Supreme Court of India
..... thus, if the application for rectification, in effect, includes projected claims which do not come within the purview of rectification and the company court feels that the civil court/regulatory body would be the more appropriate forum, jurisdiction under section 155 of the act of 1965 would not be exercised ..... , if the company court finds that the dispute relates to the field of rectification or its peripheral aspects, it will have exclusive jurisdiction to address the claim under section 155 of the act of 1965. ..... when and where the act of 1956/act of 2013 does not confer such exclusive jurisdiction on the court/forum constituted thereunder or the dispute falls outside the realm of that 29 particular provision of the act of 1956/act of 2013, the jurisdiction of the civil court would not be completely barred (see dhulabhai ..... point no.2, the acting president rejected the case of the appellants, by way of brief para 9.3, completely ignoring the points set out by the member (judicial) in the interim order and the material placed on record, such as the share transfer forms, share certificates and emails/ correspondence, which supported the case of the appellants. ..... that there was nothing in the companies act, 1956, expressly barring the jurisdiction of the civil court, it was observed that where the court as defined under the act is exercising its powers under various sections, where it has been vested with exclusive jurisdiction, the jurisdiction of the civil court is impliedly barred. .....
Tag this Judgment!Court : Supreme Court of India
..... khazir mohammad tunda reported in (2015) 12 scc420 this court held thus: 22 the satisfaction on the ground for proceeding would mean that the facts alleged in the complaint would constitute an offence, and when considered along with the statements recorded, would, prima facie, make the accused answerable before the court in other words, the magistrate is not to act as a post office in taking cognizance of each and every complaint filed before him and issue process as a matter of course. ..... the scope of the inquiry under section 202 of the crpc is extremely limited only to the ascertainment of the truth or falsehood of the allegations made in the complaint (i) on the materials placed by the complainant before the court (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out, and (iii) for deciding the question purely from the point of view of the complainant without at all criminal appeal no.3114 of 2024 page 10 of 31 adverting to any defence that the accused may have. ..... we direct the registry to send one copy each of this judgment to the principal secretary, ministry of law & justice, union of india and also to the principal secretary, home department, union of india. .......................................................... j.(j.b. ..... state of maharashtra [(1965) 2 scr429. .....
Tag this Judgment!Court : Supreme Court of India
..... [(1995) 1 mah lj503 stated that the question is one of discretion to be followed in the facts and circumstances of each case and further stated: the real test for sound exercise of discretion by the high court in this regard is not the physical running of time as such but the test is whether by reason of delay, there is such negligence on the part of the petitioner so as to infer that he has given up his claim or where the petitioner has moved the writ court, the rights of the third parties have come into ..... further, the high court has proceeded to confirm the order of the tribunal on the footing that penalty imposed on appellant is only a minor penalty namely withholding of one increment without cumulative effect, by completely ignoring the fact that in the earlier round of litigation it had been clearly 14 held that punishment of dismissal imposed on the appellant was totally disproportionate to the alleged act.24. ..... appellant came to be placed under suspension on 13.10.1997 followed by issuance of charge memorandum under rule 14 of ccs2(cca) rules, 1965. .....
Tag this Judgment!Court : Supreme Court of India
..... been brought up in an atmosphere of penury, illiteracy and anti-culture, who is looked down upon by tradition and society, who has no books and magazines to read at home, no radio to listen, no tv to watch, 153 no one to help him with his home work, who goes to the nearest local board school and college, whose parents are either illiterate or so ignorant and ill-informed that he cannot even hope to seek their advice on any matter ..... dandasi moger thoti devandrakulathan muchi tiruvalluvar ghasi mundala valluvan godagali nalakeyava valmiki godari nayadi vettuvan godda paga dai (2) scheduled castes throughout the province except in any special constituency constituted under the government of india act, 1935, for the election of a representative of backward areas and backward tribes to the legislative assembly of the province :- aranadan kattunayakan kuruman dombo kudiya malasar kadan kudubi mavilan karimpalan kurichchan pano 25 part ii bombay scheduled castes : - ..... , central railways123, the issue before a constitution bench of this court was whether road-side station masters could be differentiated from guards for the purpose of promotion to the higher post of station ..... singh [air1965sc1557: (1965) 2 scr877 this court held that an enquiry whether the appellant there belonged to the dohar caste which was not recognised as a scheduled caste and his declaration that he belonged to the chamar caste which was a scheduled caste could not be premitted because of the provisions contained in .....
Tag this Judgment!Court : Supreme Court of India
..... any rule made in exercise of such delegated power has to be in consonance with the provisions of the act, and if the rule goes beyond what the act contemplates, the rule becomes in excess of the power delegated under the act, and if it does any of the above, the rule becomes ultra vires the act.63. ..... 111 (1954) 2 scc32063 part g101 we can cull out the following principles from the above discussion: (i) the power of the authority to impose restrictions on the right under article 19(1)(g) is not absolute and must be exercised in a reasonable manner; (ii) any fees or licences levied by the authorities must be valid and levied on the basis of the authority of law; and (iii) delegated legislation which is contrary to or beyond the scope of the legislative policy laid down by the parent legislation places an unreasonable restriction in violation of article 19(1)(g).112102. ..... day of march, 1967, save as provided in sub-clause (iii-a), after undergoing a three-year course of study in law from any university in india which is recognised for the purposes of this act by the bar council of india; or (iii-a) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68, or any earlier academic 5 part a5 to qualify to be admitted as an advocate on a state roll, a person must: (a) be a citizen of india; (b) complete ..... state of uttar pradesh, 1965 scc online sc75[18].. .....
Tag this Judgment!Court : Supreme Court of India
..... , not being inconsistent with the provisions of the act and these rules, as may be agreed upon between the parties; (iv) if the lessee makes any default in payment of royalty as required by section 9 or commits a breach of any of the conditions of the lease, the lessor shall give notice to the lessee requiring him to pay the royalty or remedy the breach, as the case may be, within sixty days from the date of the receipt of the notice and if the royalty is not paid or the breach is not remedied within such period, the lessor without prejudice to any ..... resolved to study and reform the existing arrangements between the union and the states in an evolving socio- economic scenario, the ministry of home affairs vide order dated 09.06.1983 constituted a commission under the chairmanship of justice r.s. ..... union territory of pondicherry, 1967 scc online sc29363 (1962) 1 scr517364 r r engineering co. v. ..... 52 granville austin, cornerstone of a nation (oup, 1966) 187 53 in re, special reference no.1 of 1964, (1965) 1 scr413 jindal stainless steel (supra) [612]. ..... 162 1965 scc online pat 30 73 part f period from 1958 to 1964 under the bihar minor mineral concession rules 1964. .....
Tag this Judgment!Court : Supreme Court of India
..... comparative tabulation: pay scale with pay scale granted pay scale pay scale granted effect from to sdi/absa granted to dbsa to the headmaster (rupees) (rupees) (rupees) 1945 120-200 200-250 75-175 1955 120-300 250-250 100-200 1965 150-350 250-600 100-125 1972 325-575 450-950 240-390 01.07.1979 540-910 770-1600 490-860 01.01.1986 1400 ..... revisions, is depicted in a tabular format hereinbelow: pay scale with effect from pay scale granted to sub- deputy inspector of schools (rupees) 1945 120-200 1955 120-300 1965 150-350 1972 325-575 01.07.1979 540-910 01.01.1986 1400-2300 01.01.1996 4500-7000 01.07.2001 not revised the position of the absa, being equivalent to that of sdi, likewise bore the same pay scale of 4500-7000, with effect from 01.01.1996.8. ..... lastly, the pay scale apportioned for the post of headmaster since 1945, with subsequent revisions, is detailed in the table below: pay scale with effect from pay scale granted to the headmaster, junior high schools (rupees) 1945 75-175 1955 100-200 1965 100-125 1972 240-390 01.07.1979 490-860 01.01.1986 1450-2300 01.01.1996 4625-7000 (4800-7650)* 01.07.2001 6500-10500 (7500-12000)* *selection grade ..... the pay scale assigned for the post of dbsa since 1945, with subsequent revisions, is outlined in the table below: pay scale with effect from pay scale granted to deputy basic shiksha adhikari (rupees) 1945 200-250 1955 250-250 1965 250-600 1972 450-950 01.07.1979 770-1600 page 3 of 3301.01.1986 2000-3500 01.01.1996 6500-10500 01.07.2001 .....
Tag this Judgment!Court : Supreme Court of India
..... of this section (a) "assam" means the territories included in the state of assam immediately before the commencement of the citizenship (amendment) act, 1985 (65 of 1985); b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the foreigners act, 1946 (31 of 1946) and the foreigners (tribunals) order, 1964 by a tribunal constituted under the said order; c) "specified territory" means the territories included in bangladesh immediately before the commencement of 19 the citizenship (amendment) act, 1985 (65 of 1985); (d) a person shall be deemed to be indian origin, if he, or either of his parents or any of his grandparents ..... (5)(a) the notice shall be served at the address where the proceedee last resided or reportedly resides or works for gain, and in case of change of place of residence, which has been duly intimated in writing to the investigating agency by the alleged person, it shall be served at 5 this was brought in by gsr dated 30.09.1965 and has remained since then. ..... respondents respondent no.particulars1the state of assam 2 union of india represented by secretary, home affairs 3 superintendent of police, nalbari 2 judgment ahsanuddin amanullah, j.i.a. .....
Tag this Judgment!Court : Supreme Court of India
..... pay of laboratory assistants as non- teaching staff of private colleges shall be on a par with the government employees and this court held that even though there were no statutory rules, the laboratory assistants as non-teaching staff of private college were entitled to the parity of the pay scales as per the executive instructions of the government and the writ jurisdiction of the high court under article 226 of the constitution is wide enough to issue a writ for payment of pay on a par with government employees ..... single judge has recorded the reasons in holding that the writ petition is maintainable against the appellant but, at the cost of repetition, we deem it necessary to deal with the issue and after having considered the provisions of article 12 and 226 of the constitution of india and the catena of judgments, we are of considered opinion that the writ petition against the appellant was maintainable and has rightly been held maintainable by the learned single judge.17) second issue before the learned single judge and ..... stated above, the school is affiliated to cbse for the sake of convenience, namely, for the purpose of recognition and syllabus or the courses of study and the provisions of the 2009 act and the rules framed thereunder.32 ..... pande, (1965) 2 scr713 , the terms and conditions of service embodies in clause 8(vi)(a) of the college code had the force of law apart from the contract and conferred rights on the appellant there, here the terms civil appeals @ slp (c) .....
Tag this Judgment!Court : Supreme Court of India
..... vest with the state government or the gram panchayat, as the case may be, even though in the column of ownership the entries may be jumla mustarka ..... scheme prepared under section 14 read with rules 5 and 7 and entered in the column of ownership as jumla malkan wa digar haqdaran hasab rasad arazi khewat and in the column of possession with the gram panchayat or the state government, as the case may be, on the dint of sub-section (6) of section 2(g) and the explanation appended 6 thereto or any other provisions of the act of 1961 or the act of 1948; (iv) all such lands, which have been, as per the consolidation scheme, reserved for common purposes, whether utilized or not, shall ..... state of punjab [(1965) 1 scr82 that the act was protected from challenge by article 31-a. .....
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