Court : Supreme Court of India
Decided on : Jan-06-1977
Reported in : AIR1977SC505; 1977LabIC230; (1977)3SCC332; 2SCR587; 1977(9)LC97(SC)
..... from the date of his pro motion to the higher post including the deemed date of promotion, the government of maharashtra has no power, in view of the proviso to section 115(7) of the states reorganisation act, to alter his conditions of service to his pre judice. this argument is being advanced for the first time in this court ..... 1965 were intended to apply to a case like the present, it would have atleast referred to the circular of march 10, 1960 which specifically governs matters relating to fixation of seniority consequent upon the reorganisation of states. that circular, insofar as relevant, reads thus: fixation of seniority and pay on promotion according to final gradation lists ..... matter. the circular reads thus: retrospective promotions of those who had been superseded earlier. government of maharashtra general administration department circular memorandum no. srv-1064-d, sachivalaya, bombay 32 (b.r.) 25th february, 1965 falgune 6, 1886. circular memorandum of government a question has been raised whether in cases in which government servants who were superseded ..... . government of bombaypolitical and services departmentcircular no. sr-int-1050-vsachivalaya, bombay, 10th march, 1960. circular of government promotions made on and after the 1st .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1977
Reported in : AIR1977SC2051; 1977LabIC1367; (1977)3SCC399; 3SCR775; 1977(1)SLJ457(SC)
..... and 16 of the constitution. they also challenge the 1970 rules on the ground that they lack approval of the central government, thereby violating the proviso to section 81(6) of the bombay state reorganisation act of 1960. according to the appellants, the 1960 rules were superseded by the rules dated july 29. 1963 and still the state government continued to apply, the defunct rules of ..... . thus rule 8(i) only requires that for every three direct recruits appointed as deputy engineers only one promotee can be appointed as officiating deputy engineer. the rule cannot be construed to mean that for every three confirmations of deputy engineers, not more than one promotee can be confirmed as deputy engineer. in a.k. subraman : (1975)illj338sc it was held ..... executive instructions, acquired a statutory force and character by reason of their amendment by the rules of 1965 which were made by the governor of gujarat in exercise of the power under the proviso to article 309 of the constitution. this argument was rightly rejected by the high court because all that was done by the rules of 1965 was to ..... be fore it involved 'ticklish and complicated questions' and by the gujarat high court by saying that though it had on many occasions to consider complex problems pertaining to service laws, there was 'no case comparable' to the writ petitions filed before it in the instant case. the learned chief justice (bhagwati, j.) who delivered the judgment of the full bench .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-27-1977
Reported in : (1978)19GLR671
..... autonomous college to mean a college which exercises the powers conferred on it under section 38b. 'constituent college' ..... and affiliating university in the state of bombay to be known as gujarat university as a measure of decentralisation and reorganisation of university education in the state of bombay. section 2 defines various expressions used in the act. of importance for us are definitions of 'affiliated college contained in section 2(1) to mean a college affiliated under sections 5 or 33, (2a) (ib) ..... eye to reality. therefore, when it was found that damage would not provide an adequate compensation for the loss of job, the courts developed first exception and altered the law that rein statement can be ordered even though contract would still fall within euphemistic expression of personal service. add to the belief that where contract is specifically enforced, its ..... of retrenchment and termination of surplus staff. however, our attention was drawn to m/s. swadesamitran limited v. their workmen a.i.r. 1960 s.c. 792, wherein it has been in terms held that section 25-g being statutory, it has to be followed and if employer wants to depart, he has to record his reasons for the said .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-07-1977
Reported in : AIR1978AP121
..... . the reserve bank also suggested that the state co-operative societies acts must immediately be amended so as to provide for compulsory merger, amalgamation or liquidation and vesting the registrar with adequate powers with a view to expedite the process of reorganisation. section 15-a is the result of a model section prepared by the reserve bank in consultation with its legal department and ..... the interests of the sovereignty and integrity of india or public order or morality.27. the supreme court in all india bank employees' association v. national industrial tribunal, : (1961)iillj385sc construed the scope of art. 19(1)(c) and after a review of the earlier case, express newspapers (pvt.) ltd. v. union of india, : (1961)illj339sc , held that a ..... by majority. bachawat, j. who dissented, observed that art. 14 did not require a 'fanatical approach' to the problems of equality before the law. the view of bachawat j. ultimately prevailed in the case of m. chagganlal v. greater bombay municipality, : 1scr1 . alagiriswami, j., who spoke for the majority, after a review of the earlier cases, expressed the opinion that, ..... them to take up marketing, distribution and other activities.8. the rural survey committee first emphasised the need for organising viable societies. later, the committee, in its report in 1960, stated that the main aims of future endeavour should be the promotion of viable units of co-operative service and business. in the opinion of the committee, a viable unit .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-04-1977
Reported in : AIR1978Kant61; 1978(1)KarLJ34
..... the first part of section 3, standard area means the area determined under the bombay act so far as the lands situate in the district of north ..... question is situate in the district of dhar-war. the bombay act was in force in the four districts of the bombay area including the district of dharwar, which became part of the new state of mysore on reorganisation of states with effect from 1-11-1956. by proviso (a) to section 3 of the kamataka act, it is expressly declared that notwithstanding anything contained in ..... . the land measures an extent of 2 acres 23 guntas and it is not disputed that it was a 'fragment' as defined in section 2(4) of the bombay act, the same having been so determined under the provisions of the bombay act. the special deputy commissioner, dharwar, by his order dated 29-1-1974 (exhibit 'a'), declared that the sale of the land in ..... malimath, j. 1. this writ petition has come to us on a reference made by jagannatha shetty j., on the ground that this writ petition raises an important question of law for determination.2. the first respondent sold survey no. 76/3b of rayanal village, hubli tuluk, in the district oe dharwar to the petitioner on the 13th of june 1969. .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-21-1977
Reported in : (1977)6CTR(Bom)424; 41STC184(Bom)
..... bill mentions that the supply was 'against sales tax form no. 15', that being the form to be given by a manufacturer who holds a reorganisation to the person from whom he purchases inter alia raw materials required for his manufacture. it is also significant to note from the statements made in ..... . 7. the respondents thereafter filed an application before the deputy commissioner of sales tax on april 30, 1964 under s. 52(1) of the bombay sales-tax act, 1959. to the said application the respondents annexed copies of their import licence, an extract from the 'red book', the letter they had written to ..... the scheduled units were not sales within the meaning of s. 2(28) of the bombay sales tax act, 1959 (2) whether, on the facts and in the circumstances of the case, the tribunal was correct in law in not allowing the applicant to argue that on the facts of the case the sales ..... but the transaction was under statutory directions given to them by the controller appointed under the non-ferrous metals control order, 1958, in exercise of the power vested in him under the said order. in order to examine the validity of this contention the deputy commissioner of sales tax was really required to ..... the customs after it was notified to the controller. clause 6 of the said order required the importers to maintain certain books, and clause 7 conferred powers of entry, search and seizure upon the controller and officers authorised by him in that behalf. 6. after the said import licence was issued to them .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-1977
Reported in : AIR1977SC2041; (1977)4SCC130; 1977(9)LC431(SC)
..... credited to the pund the amounts representing all excess realisations made by the producers, irrespective of whether such excess realisations were made before or after the commencement of the act. sub-section (3) of section 3 is material and since considerable reliance was placed upon it on behalf of the respondents it would be desirable to reproduce it in extenso:(3) save as ..... ) are material which read as follows:2(a) 'controlled price' means the price of the relevant grade of levy sugar, determined from time to time under sub-section (3c) of section 3 of the essential commodities act, 1955, or under the defence and internal security of india rules, 1971, in relation to any year of production; (b) 'excess realisation', in relation to each ..... sub-section (4), any excess realisations have been collected and kept by a producer under the cover of any guarantee, the producer ..... , to the fund'. now, it is true that, unlike sub-section (4), sub-section (5) is not specifically excepted out of sub-section (3). but it is really a continuation or extension of sub-section (4) and hence it must be construed as an exception to sub-section (3) in the same manner as sub-section (4). where in pursuance of an interim order referred to in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-14-1977
Reported in : AIR1977SC1884; (1977)3SCC160; 3SCR603; 1977(9)LC461(SC)
..... is wholly unjustified. 28. re: point no. 4: this point is also devoid of substance. though no statutory rule or bye-law appears to have been made under the bombay act, 1944, the municipal commissioner had plenary power under section 3 of the act to authorise by means of a written permission the construction of any building or structure in the area described in the schedule ..... called an immediate purpose of demolition as ordered by the local authority. the appellate bench further remarked that if the notice (exh.'b') could be construed as an order under section 13(1)(hhh) of the bombay rents control act, 1947, the purpose for which the respondents called upon appellant no. 1 to vacate the premises would be for the immediate purpose of demolition ..... respondents, m/s. benett coleman & co. got the aforesaid plot no. 37 as also plot no. 36 on lease from the port trust, bombay, on august 1, 1933 on a yearly rent of rs. 416.89 on the said plot no. 37, the respondent erected some godowns which alongwith certain other buildings that had grown up in a haphazard manner and could ..... being served strictly without prejudice to the rights of the local authority under the bombay town planning act, 1954 and the bombay town planning rules, 1955 which rights are hereby expressly reserved. dated this 19th september day of 1958. sd/- municipal commissioner, for greater bombay. 6. on 22nd of february, 1960, the respondents issued another notice to appellant no. 1 calling upon it to quit .....Tag this Judgment!
Court : Delhi
Decided on : Sep-29-1977
Reported in : ILR1978Delhi327; 1978RLR442
..... to have been raised in ignorance of the union, territories (separation of judicial and executive functions) act, 1969, section 5 whereof provides that 'where under any law the functions exercisable by a magistrate relate to matters which involve the appreciation or sifting of evidence or ..... some momentary job, were expected to avoid all possible further waste of time. in the same context has to be construed rakesh's command to 0m parkash to start the taxi and hurry up. it was also contended that his rushing away ..... sarwan singh rattan singh's case (supra) were explained by the court in major e. g. barsay v. state of bombay, : 1961crilj828 , thus:thiscourt could not have intended to lay down that the evidence of an approver and the corroborating pieces of ..... shanna (pw50) to show that an attempt was made by the conspirators in september, 1973 to enrol the help of mystical powers for achieving their nefarious design. jagdish parshad sharma was working as a subordinate of'rakesh in september, 1973. he had told ..... granted pardon to ramji and recorded his statement (exhibit p4).(9) the investigation revealed that chandresh had become a widow in 1960 whe n she was about 20 years old. in january 1964 she married one captain y. d. sharma. on march ..... -examination that he had taken into possession this magazine and had not deliberately shown it in the seizure memo exhibit pi 89. now, had this' magazine been actually recovered by inspector narinder singh on december 14 from rakesh's effects, rakesh .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-11-1977
Reported in : AIR1978SC215; (1977)4SCC471; 1SCR641
..... be treated with the consideration due to a co-ordinate department of the government of the state'. its effect is not conclusive but considerable. 'public purpose' should be liberally construed, not whittled down by logomachy.69. the concept of 'public purpose' has been considered in some academic writings and judicial rulings and a glance at them may give theoretical ..... principle laid down in the case of narayanappa v. state of mysore : 3scr742 . reversed the view of the high court and held that the impugned section fell within the legislative power of the state under entry 20 of list iii of schedule seven of the government of india act, 1935 corresponding to entry 35 of list iii of the seventh schedule to ..... view of 'public purpose'. in a host of cases beginning with kameshwar air 1952 sc 889. agrarian reform, slum clearance to house the homeless, procuring a house for a diplomat (bombay v. ali gulshan: : 2scr867 ) or an office for the state trading corporation, acquisition of land to construct a dharmashala, houses for members of a cooperative society housing scheme ..... . those frustrations stem from ignorance, poverty, pain, disease and conflicts of interest both within the person (the field of psychological medicine) and between persons (the territory of the law). these manifold and interacting frustrations cannot be met by any one discipline but only by a coordinated attack upon the problem through enlightened political and administrative initiatives and by educational .....Tag this Judgment!