Court : Supreme Court of India
Decided on : Nov-17-1975
Reported in : AIR1976SC376; (1976)1SCC311; 1976(8)LC15(SC)
..... filed by the appellant and the respondent as also the allegations made in the counter-affidavit clearly show that there were series of parleys and correspondence between the district education officer and the respondent in the course of which the respondent was being persuaded, to the extent of compulsion, to ..... , 1973 the respondent informed the appellant that since his percentage was short in part i his candidature stood cancelled. thereafter there were series of correspondence between the appellant and the university authorities but the appellant was refused admission to ll.b. part iii class. the appellant then filed an appeal ..... papers each year. in april 1972 the petitioner appear in the annual examination of part i but failed in three subjects, namely, legal theory, comparative law and constitutional law of india. subsequently he was promoted to part ii which he joined in the year 1972. under the university statute the ..... the respondent of which tome paragraphs are extracted below:4. para 4 of the writ petition is rebutted. the petitioner was involved in a case under sections 363 and 366 of the indian penal code. as a result, he was suspended. he remained under suspension till august 23, 1972, when he ..... to his getting the permission from his employer to attend the law faculty. in between it appears that the appellant had been prosecuted for offences under sections 376, 366 and 363 i.p.c. and was suspended during the period when the case was going on against him. the appellant was, .....Tag this Judgment!
Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Jul-25-1975
Reported in : (1976)46CompCas470NULL
..... persisted in contending that these practices did not fall under the definition of restrictive trade practice in section 2(o) of the act. the controversy actually appears to have started in september, 1972, as appears from the correspondence (exhibits a and b to the respondent's reply). in his letter of 29th september, 1972 ..... to find out the competitive situation before and after the introduction of the trade practice. if the trade practice started along with the trade a comparative model had to be imagined for the trade without the trade practice to find out ou the broad probabilities whether the competitive situation in such ..... required and that may be a reason why the actual number of services and repairs carried out by the telco dealers is so small as compared to the total number of services likely to be required by the total number of telco vehicles on the road. these data provide facts ..... matter to mr. narayanan, witness for the respondent. his answer was that " we have been trying to get information as to how these supplies compared with the actual distribution of vehicle population in those areas. we are getting information about the total vehicle population in different areas but there is no ..... of the supply of vehicles among the different territories. the figures are mentioned in tables 1, 2 and 3 annexed to this judgment. table 1 compares the number of vehicles for which orders were registered as on 31st march, 1973, and the number of vehicles for which orders were pending as on .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-21-1975
Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; 3SCR619
..... be a breach of the regulations which are statutory provisions. in other statutes under consideration, viz., the life insurance corporation act and the industrial finance corporation act though there is no specific provision comparable to section 12 of the 1959 act the terms and conditions of employment and conditions of service are provided for by regulations. these regulations are not only ..... determine his servant's engagement as of so well-established and paramount character that the contract should be interpreted as necessarily subject to that right (and to a corresponding right on the part of the servant) so that only the clearest express terms will exclude it. and he also pointed out that the position of the employer ..... authority, usually in the form of a special statute, charged with the duty of carrying out specified governmental functions in the national interest, those functions being confined to a comparatively restricted field, and subjected to control by the executive, while the corporation remains juristically an independent entity not directly responsible to parliament garner : 'public corporations in the united ..... of service and procedure for dismissing employees. these regulations in the statutes are described as 'status fetters on freedom of contract'. the oil and natural gas commission act in section 12 specifically enacts that the terms and conditions of the employees may be such as may be provided by regulations. there is a legal compulsion on the commission .....Tag this Judgment!
Court : Chennai
Decided on : Aug-26-1975
Reported in : 1976CriLJ770
..... of session when the offence is triable exclusively by it. section 306 is the corresponding provision to section 337 of the old code. clauses (a) and (b) of sub-section (4) of section 306 of the present code, correspond to sub-sections (2) and (3) of section 337 of the old code, whereas sub-section (5) of the present section 306 corresponds to sections 2 (a) and 2(b) of the old ..... section 337. under sub-s. (4) (a), the approver must be examined as a witness in the ..... committal proceedings.4. under section 207-a subsection (4), in chapter 18 of the old code, the magistrate had to take the evidence of such persons, if ..... that the order of committal is in violation of the mandatory provisions of section 306, sub-sees. (4) and (5), and as such the order of committal should be quashed.3. before going into the illegality, if any, committed by the learned magistrate, now i shall discuss the comparative position of law under the old and the new code with regard to .....Tag this Judgment!
Court : Chennai
Decided on : Sep-15-1975
Reported in : (1976)2MLJ501
..... indefeasible provision, may be under state grent or may be under any provision of statute theft the absence of any reference to it in the correspondence which ensued between the state and the grantee would not belie or belittle the exercise of such power which is admittedly vested in the state ..... and if the public purpose put in the forefront is undoubtedly a public purpose and is in the public interest, then other considerations and comparative hardships would not come into the picture as it would be beyond the pale of investigation and enquiry. a similar question came up before ..... provisions of the grant. to make this part of the discussion complete, we may refer to section 3 of the government grants act which makes such grants to take effect according to their tenor. this section says that all provisions, restrictions, conditions and limitations over contained in any such grant or ..... the supreme court when it was considering the acquisition of private property under the provisions of the land acquisition act. in abdul hussain v. state of gujarat : 1scr597 the contention that when a particular land is being already used for one public ..... depressed classes. as one public purpose substitutes another public purpose, the argument is that the state government did not have the requisite authority to act.5. the above argument fails to take into consideration the essential ingredients in clause 8 of exhibit a-2. whenever the state government entertains .....Tag this Judgment!