Court : Supreme Court of India
Decided on : Apr-05-2004
Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)
..... exercise of self-restraint, thus, should be adhered to, subject to course to, just exceptions.' 23. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states:'however, this concept of democracy as rights-based with limited governmental power, and in particular of the ..... act and since no rules had been framed by the central government with regard to the disposal of the urban agricultural property forming part of the compensation pool, the authority constituted under the act had no jurisdiction to dispose of urban agricultural property by auction sale. unless rules were framed as contemplated by the act, according to the high court the ..... validly. it steps in by way of a judicial review over the orders passed. existence of alternative remedy albeit is no bar to exercise jurisdiction under article 226 of the constitution of india but ordinarily it will not do so unless it is found that an order has been passed wholly without jurisdiction or contradictory to the ..... constitutional or statutory provisions or where an order has been passed without complying with the principles of natural justice. (see whirlpool corporation v. registrar of trade marks, mumbai and ors. : air1999sc22 . .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-17-2004
Reported in : (2004)2UPLBEC1150
..... 9146 of 1978--v.k. jain v. chief justice and ors., considered the question of eligibility, at the time of submitting application for seeking appointment under article 233(2), constitution of india.respondent seek to place reliance on the following observation in the said judgment of satya narain singh (supra) which read :'in our opinion, the rules contemplate that pleaders and ..... a decision on the question arising in the present case, i.e. whether a candidate should continue to be advocate throughout 'selection process', under article 233(2) of the constitution of india. the aforesaid case is distinguishable of facts. supreme court, in para 12 of the above judgment observed :'12. learned counsel for the appellant has also drawn our attention to ..... , submits and expression 'recruitment' and 'appointment' are synonymous and the two, in given context, may of same connotation, he argued that the word 'appointed' appearing in article 233, constitution of india includes both 'appointment' and process of 'recruitment'. it is also argued that expression 'has been for not less man seven years an advocate' is to be interpreted and read as ..... as a judge of a high court, and has submitted that where the constitution makers thought it necessary they specifically provided for counting the period in a high court which was formally in india. articles 124 and 217 are differently worded and refer to an additional qualification of citizenship which is not a requirement of article 233, and we do not think .....Tag this Judgment!
Court : Chennai
Decided on : Feb-09-2004
Reported in : (2004)2MLJ238
..... case it was held that a member of the legislative assembly, who has been appointed honorary consul of a foreign country, incurs disqualification under article 191(1)(d) of the constitution of india. 8. the facts of the present case attract the legal principles enunciated by the supreme court in belagali's case (supra), which was approved by a larger bench in ..... non - resident indian cannot contest election, as the prerequisite for being a voter and a contestant is the residence in india and not outside the country. dr. subramanian swamy invokes the provision contained in article 102(1)(d) of the constitution for disqualifying the first respondent from continuing him further as a member of lok sabha. the above article reads,'a person ..... by a division bench of this court in mrs. anuradha v. the joint secretary to the government of india, ministry of finance and another (h.c.p. no.240 of 1996, dated 27.08.1996). he also relies upon the judgment of the constitutional bench of the supreme court in hari prasad's case (supra) laying down the proposition that the high ..... shall be disqualified for being chosen as and for being a member of either houses of parliament if he is not a citizen of india or has voluntarily acquired the citizenship of a foreign state or .....Tag this Judgment!
Court : Delhi
Decided on : Sep-10-2004
Reported in : III(2004)ACC335; 2005ACJ216; 114(2004)DLT57; 2004(76)DRJ739
..... women from sexual harassment and to make their fundamental rights meaningful. governance of the society by the rule of law mandates this requirement as a logical concomitant of the constitutional scheme. the exercise performed by the court in this matter is with this common perception shared with the learned solicitor general an other members of the bar who rendered ..... types of losses are covered and in respect of the territorial coverage. on this last point, some jurisdictions cover all incidents that occur in their territory (regardless of the citizenship of the victim) and all incidents where a citizen of these jurisdictions is the victim (regardless of here the incident occurred). many jurisdictions have devoted special attention to informing ..... of crime (and their families) by, inter alia, ensuring that they are promptly compensated by the state in adequate measure under a well-laid out scheme. 3. in india, there is no such criminal injury compensation scheme in place and the private law remedies of damages and compensation are grossly inadequate. legislation on this aspect is not forthcoming. 4 ..... victims about compensation programmes, preferably as soon as possible after the incident.'' 15. the international norm is a move towards crime victim compensation. unfortunately in india there is no legislation (other than the few provisions referred to above) providing for a full-blown compensation scheme for victims of crime. but, would it mean that till .....Tag this Judgment!
Court : Delhi
Decided on : Sep-03-2004
Reported in : 113(2004)DLT823; 2004(76)DRJ688
..... our view deprive he of any advantage much less irreparably so. that health care is better in canada than what it is in india, or that the child has no citizenship rights in this country, are considerations that are based on perceptions which can vary from person to person. there may be areas in ..... his schooling there. the petitioner's case in this connection is that the child is a canadian citizen and while living in india, she is a foreigner who enjoys no citizenship rights. that the child has lived in canada from the time of her birth and was admitted to a school there and ..... of the cr.p.c. would become infructuous if it was not available in case involving custody of infants. 2. the above decision was approved by a constitution bench of the supreme court in kanu sanyal v. district magistrate, darjeeling and ors. : 1973crilj1818 . the court in that case held that habeas corpus was ..... rights granted to him, the father of the child had picked up the minor from the school and secretly left the united states of america for india. this resulted in further proceedings before the court of michigan in which arrest warrants were also issued against the father of the minor on the round ..... the said court, the courts in this country ought to transfer the custody of the child to the petitioner as the removal of the child to india could not oust the jurisdiction of the canadian courts nor promote his welfare which indeed was the paramount consideration. reliance in support of that submission was .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-28-2004
Reported in : (2005)94ITD401(Mum.)
..... a foreign company, is certainly not the nationality. even a french company, which has made the prescribed arrangements, for the declaration and payment within india, of the dividends (including dividends on preference shares) payable out of such income can be treated as a domestic company under the indian it act ..... in respect of remuneration from certain foreign incomes in the case of professors and teachers, etc. is an indian citizenship, this section appears to discriminate on the ground of nationality. it is interesting to note that while sections 80r and 80rra deal with the ..... this conclusion, it follows that the case of non-availability of deduction under section 80m cannot be covered by the non-discrimination clause under the india france dtaa. we, therefore, see no need to address ourselves to the merits of assessee's grievance about discrimination against foreign companies, even ..... citizenship also, in many similar sections such as section 80qqb, section 80rr, section 80rrb, there is no reference to citizenship and the requirements are only with respect of residence. it is also very important to ..... or any requirement connected with such taxation, which is more burdensome than similar taxation or requirement in connection therewith on an indian national in india. the same principle would naturally also apply on indian nationals in france vis-a-vis french nationals in france. as second limb of the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-14-2004
..... would not perceive these acknowledgments as signifying a government endorsement of any specific religion, or even of religion over non-religion. there are no de minimis violations of the constitution no constitutional harms so slight that the courts are obliged to ignore them. given the values that the establishment clause was meant to serve, however, i believe that government can, in ..... connecticut and south dakota appear on the flags of those states as well. georgia s newly-redesigned flag includes the motto in god we trust. the oaths of judicial office, citizenship, and military and civil service all end with the (optional) phrase [s]o help me god. see 28 u. s. c. 453; 5 u. s. c. 3331; 10 u ..... allegiance to the flag and to the nation, of the descriptive phrase under god cannot possibly lead to the establishment of a religion, or anything like it. when courts extend constitutional prohibitions beyond their previously recognized limit, they may restrict democratic choices made by public bodies. here, congress prescribed a pledge of allegiance, the state of california required patriotic observances ..... who is the source of the plaintiff s claimed standing. ante, at 13. the court loosely bases this novel prudential standing limitation on the domestic relations exception to diversity-of-citizenship jurisdiction pursuant to 28 u. s. c. 1332, the abstention doctrine, and criticisms of the court of appeals construction of california state law, coupled with the prudential standing prohibition .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-27-2004
Reported in : AIR2004SC2236; 2004(4)ALD50(SC); 2004(5)ALLMR(SC)894; 111(2004)DLT317(SC); [2004(3)JCR113(SC)]; JT2004(Suppl1)SC362; RLW2004(3)SC341; 2004(5)SCALE170; (2004)5SCC583; (2004)
..... ) had upheld the rights of the minorities and unaided private institutions to generate a reasonable surplus for future development of education. dawn oliver in constitutional reform in the uk under the heading 'the courts and theories of democracy, citizenship, and good governance' at page 105 states: "however, this concept of democracy as rights-based with limited governmental power, and in particular of ..... in the field should be loathe to impose any further restrictions. this court normally does not pass an order even in exercise of its jurisdiction under article 142 of the constitution of india which would be contrary to the law. (see government of west bengal vs. tarun k. roy and ors. 2003 (9) scale 671, paragraphs 32 to 34 and jamshed ..... . pai foundation and others vs. state of karnataka and others [(2002) 8 scc 481]. the fundamental right to establish educational institution as contained in article 19(1)(g) of the constitution of india would, however, be subject only to the reasonable restrictions which may be imposed by any law in terms of clause (6) thereof. the act is a law regulating education ..... have a duty to impart education and particularly primary education having regard to the fact that the same is a fundamental right within the meaning of article 21 of the constitution of india, but as the government had neither resources nor the ability to provide for the same, it appears, the legislature permitted the societies/trusts to establish the educational institutions from .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-19-2004
Reported in : 2004(3)CHN187
..... prasad who was also a consultant physician having post-graduate degree. there is nothing on record to show or indicate that any medical board was constituted for the treatment of anuradha. on the other hand opinions from different doctors were collected. but ultimately the treatment schedule was fixed by the ..... certain misconception.121. but it is sufficiently clear that a man of the medical field now residing at united states with family after acquiring citizenship of that country has challenged the conduct and integrity of the three professors. in this connection, i deem it proper to quote a remark ..... is equally important to see that the patient party gets appropriate help in case of need. in an over-populated and developing country like india, all the benefits of a developed country cannot be expected. but it is desirable that leaving aside all obstacles and obstructions, appropriate steps ..... completely different. moreover, advice followed by purchase of medicine cannot prove the actual administration of the medicine unless it is specifically proved. in india the law on this score was not very clear. practically there was no mandatory law or rules that could guide the doctors or the specialists ..... medicines suggested by other doctors. it is also discussed hereinabove that on 11.5.1998 dr. mukherjee gave certain suggestions before his departure from india to usa for a long period of three weeks and accordingly, suggestions of other doctors were taken. it is also clear that prof. halder .....Tag this Judgment!
Court : Delhi
Decided on : Feb-04-2004
Reported in : 2004(72)DRJ693
..... such an evidence is allowed to be adduced it can not be used against hindujas and others. such a procedure would be procedural violation of article 14 of the constitution of india as well as article 21 which describes that the life and liberty of the person cannot be curtailed without due process of law. cross-examination and production of defense evidence ..... enquiry by the swedish national audit bureau (snab). the snab submitted its report. however, certain material portions of the report were withheld from the government of india.22. on 28th of august, 1987 jpc was constituted inter alias to ascertain the identity of the persons who received, and the purpose for which they received, payments of sek 170-250 million, sek 29 ..... ors., : 3scr1279 set aside its own order whereby the minister was directed to pay a compensation of rs. 50 lacs to the government of india by observing that under article 32 of the constitution which is not permissible as the court cannot direct the government to pay the exemplary damages to itself and thereforee the plea that such a direction was ..... spite of they being indians, they were not shown as indian agents and this prima facie shows the clandestine manner bofors were operating through indians. in 1998 hindujas renounced their citizenship. it was during this crucial period that the government started receiving documents from swiss authorities. this shows that they really had manipulated the contract and were beneficiaries. (b) moresco was .....Tag this Judgment!