Court : Rajasthan
Decided on : Nov-16-1984
Reported in : 1985(1)WLN65
..... service rules were further amended in 1979 to substitute the words' senior personal assistant' and 'personal assistant' for the than existing words 'selection grade stenographers' and 'senior stenographers', respectively. no corresponding amendment was made in the high court staff rules, or the 1969 rules to maintain and preserve the parity of pay-scales between the personal assistants in the government secretariat ..... . the petitioners' case is and the learned advocate general in his written arguments admits it, that the situation as it emerged it) 1983 on the commencement of the rajasthan civil services (revised pay scales) rules, 1983, is depicted by the comparative table as follows:government secretariat high court (1) (2) (3) (1) (2) (3)serial name of the number serial name of the ..... in the high court in the same measure and from the same date as in the case of senior stenographers and stenographers in the government secretariat. the relevant entries in section f are as under:name of the pay-scale under the pay-scale under the post 1961 rules 1961 rules 2 3 4personal assistants 15 5-485 with a minimum ..... the high court and private secretaries to commissioners and secretaries to government in pay scales from 1950 to 1973, i have no hesitation to hold that the state government has acted arbitrarily in ignoring the proposal of the chief justice. the plain truth is that the state government is no longer prepared to abide by the age-old principle of parity .....Tag this Judgment!
Court : Delhi
Decided on : Sep-17-1984
Reported in : ILR1985Delhi424; 1985RLR440
..... was held that the jurisdiction does not end as soon asan attachment is made on the ground of emergency and that the provisions of the section of the new code 'are substantially the same as the corresponding provisions before the 1955 amendment of the old code'. in the case of harijan yellaiah and another (8), a division bench of the andhra ..... not excluding the distortion offacts, perjury and even manipulation of the police as well as the magistracy. unfortunately during the recent years, it has generally gone round that it is comparatively, easy to manage the police at certain levels and to even manipulate the magistracy, to an extent. such an impression, if wellfounded, would certainly call for introspection among the litigants ..... and that there was no apprehension of breach of peace'. thisorder was challenged by the petitioner in a revision in the session court and by an order of 19/03/1983, now under formal challenge, the learned additional sessions judge not only upheld the order of the learned magistrate, challenged beforeit, but also expressed the view that the orders passed ..... for the consideration of the authorities that be;the desirability of legislation dealing with unauthorized occupation of private premises on the lines of the public premises (eviction of unauthorised occupants') act. to be ad-ministered by the rent controllers andor the rent controltribunals, should be considered. alternatively, the procedure and practice in suits, and the law relating to court fees .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-31-1984
Reported in : (1984)(18)ELT73TriDel
..... not satisfied with their submission that only the specifications portion of the literature should be relied upon and the price list portion thereof should be discarded as evidence. furthermore, the correspondence between the delhi party and the foreign party leaves no doubt that the prices charged to the appellants were favoured prices. as regards the evidential value of the goods imported ..... at bombay, they have not been able to produce the packing list and the attested invoice for the goods imported there. in the absence of these vital documents, no useful comparative study can be made for the valuation purposes in respect of the goods imported by the delhi party through bombay customs qua the importation made by the appellants through the ..... delhi party) had also imported an identical machine which was cleared through the bombay customs. it was submitted that the price for the machine declared before the bombay customs was comparable to the value of the machine imported by the appellants and since there was evidence of another independent importation of like goods, the appellants were entitled to be assessed to .....Tag this Judgment!
Court : Delhi
Decided on : Dec-20-1984
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... thereforee, be bad even though it had not given the petitioner an option to pay a fine in lieu of confiscation. section167(8) corresponds to section 111(d.) of the act while section 183 of old act corresponds to present section 125 of the act the supreme court in f.n. roy v, collector of customs, : 1983ecr1667d(sc) has also laid down :'resort to s. 183 of the ..... any other prohibition or regulation affecting the import thereof,in force at the time when such goods are imported.the same conditions are to be found in 1982, 1983 ogl order,while the dates correspondingly changed to the year in question. it is clear that in view of ogl order actual users (industrial) though assuming that they could have imported coconut oil ..... maintaining the amount of fine in lieu of confiscation of goods. in the present case, no proceedings have been taken at all by the collector for penalty under the comparative section 112 of the act which deals with personal penalty for improper importation of goods. the facts were thus totally different. it nevertheless significantly gave a warning which need to be remembered, namely ..... upon fresh appraisement of facts or going into elaborate examination of evidence. see in this regard the decisions reported as s. jagadeesan v. ayya nadar janaki ammal college and another, : (1983)iillj190sc ; thansingh nathmal and others v. the superintendent of taxes. dhubti and others : 6scr654 and the british india stem navigation co. ltd. v. jasjit singh, addl, collector of .....Tag this Judgment!
Court : Chennai
Decided on : Apr-18-1984
Reported in : 57CompCas126(Mad); (1984)IILLJ34Mad
..... fund at any time to a sum of rs. 5 crores.' 103. we will now compare the provisions of central act 5 of 1970 and the state bank of india act. -----------------------------------------------------------------------act 5 of 1970 state bank of india act of 1955-----------------------------------------------------------------------preamble to the act preamble to the act.section 2(d). 'corresponding 3. establishment of the statenew bank' in relation to an bank. - (i) ..... g. r. prasad, learned counsel appearing for the appellant in writ appeals nos. 561 and 562 of 1983, c. v. raman, an employee of the bank of india, submits as under : after referring to section 4(1)(c) of the shops act, it is urged that the meaning of commercial establishment came to be decided in madras state electricity board v ..... be a certain amount of direct control exercised by government and, if so, what should be the nature of such control should the functions which the corporation is charted to carry out possess any particular characteristic or feature, or is the nature of the function immaterial now, one thing is clear that if the entire share capital ..... government company. 18. in a case which arose before the karnataka high court, which is reported in karnataka provident fund employees' union v. additional industrial tribunal, bangalore,  62 fjr 290, it was held that the activity of the provident fund organisation is essentially non-governmental. if that were the position with regard to an organisation, the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-23-1984
..... vested with the constitutional duty to vindicate "the supreme authority of the united states," ex parte young, 209 u. s. 123 , 209 u. s. 160 (1908). there is no corresponding mandate to enforce state law. [ footnote 18 ] see rolston v. missouri fund commissioners, 120 u. s. 390 (1887). in rolston, however, the state officials were ordered to comply with ..... review of governmental action for constitutionality. they are found in the delicacy of that function, particularly in view of possible consequences for others stemming also from constitutional roots; the comparative finality of those consequences; the consideration due to the judgment of other repositories of constitutional power concerning the scope of their authority; the necessity, if government is to function ..... mental retardation, changing patterns in residential services for the mentally retarded 1-57 (r. kugel & w. wolfensberger eds.1969); r. scheerenberger, a history of mental retardation 240-243 (1983). only recently have states commenced to move to correct widespread deplorable conditions. the responsibility, as the district court recognized after a protracted trial, has rested on the state itself. [ ..... s. 291 . see also gibbons, the eleventh amendment and state sovereign immunity: a reinterpretation, 83 colum.l.rev. 1889 (1983). [ footnote 2/49 ] the heart of today's holding is that this court had no power to act as it did in 1981 when it ordered the court of appeals to consider and decide the state law issues in this .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-16-1984
Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; 2SCR914
..... , 1898 applicable to an proceeding in relation to an offence punishable under sections 161, 165 and 165 ipc and under section 5 of the 1947 act, modification was considered necessary in sub-section (8) of section 251a which prescribed procedure for trial of warrant cases instituted upon a police report while no corresponding amendment was made in any of the provisions contained in the same chapter ..... learned judges also held that by the time the matter was heard by them, the government of maharashtra had issued a notification dated january 15, 1983, under sub-section (2) of section 7 of 1952 act specifying shri r.b. sule, special judge for greater bombay for trying special case no. 24 of 1982, after taking note of this notification and the statement of ..... such an approach. astounding as it appeared to us, in all solemnity it was submitted that investigation of an offence by a superior police officer affords a more solid safeguard compared to a court. myopic as this is, it would topsy turvy the fundamental belief that to a person accused of an offence there is no better safeguard than a court ..... special case no. 24 of 1982 progressed upto and inclusive of october 18, 1982 have been set out in our judgment rendered today in cognate criminal appeal no. 356 of 1983 and they need not be recapitulated here. after the learned special judge shri p.s. bhutta took cognizance of the offences upon a complaint of ramdas sriniwas nayak, the first .....Tag this Judgment!
Court : Delhi
Decided on : May-31-1984
Reported in : ILR1985Delhi102
..... on the basis of entries made by the returning officer in form 20, even though admittedly entries in form 20 were inconsistent with the corresponding entries in part ii of forms 16, on which the entries; in form 20 must be based, in relation to at least ii polling ..... a deciaration that the election of the returned candidate is void. election can be declared void on the grounds set out in section 100 of the act and according to section 100(1)-(d)(iii) and (iv), the election of a returned candidate is liable to be voided if. the result ..... . k. l. bhagat, as indeed, the other leaders mentioned above were definitely interested in the success of their party candidate. mr. bhagat was comparatively more directly interested because the constituency falls within his parliamentary constituency and the result of the election could have its' impact in future on his electoral ..... observations :'free and fair election being the foundation source of parliamentary democracy attempt of the returning officer and the court should be not to chart the easy course of rejecting ballot papers as invalid under the slightest pretext but serious attempt should be made before rejecting ballot papers as ..... inspection, fresh scrutiny and a recount. the application was opposed. the application was accordingly listed for hearing but parties eventually agreed on october 10, 1983 that the hearing of the application be deferred 'until the conclusion of the evidence of respondent no. 1'. it was eventually agreed, as in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-24-1984
Reported in : AIR1985AP83
..... the estate.9. the loss of the benefit to the dependents' is a concept derived from the english fatal accidents act, 1846, known as the lord campbells act. the corresponding law in india is the fatal accidents act (act 13 of 1855).10. the loss of 'benefit to the estate' of the deceased is the loss arising to the ..... by mr. j. h. prevett in vol. 35 modern law review (1972) (p. 140 at p.146). kemp & kemp on 'quantum of damages' (1967) have compared the multiplies chosen by judges from experience and found a close proximity between them and those arrived at from the annuity tables. 23. the position in the united states is ..... are otherwise legal representatives of the deceased according to their personal law, would also be entitled for an apportionment of the dependency. 52. section 110-b of the motor vehicles act provides that the tribunal shall hold an enquiry into the claims of the parties and shall make an 'award determining the amount of compensation which ..... amounts from the estate, the award under the former is to be reduced by the share from the estate.41. in graham v. dodds (1983) 2 all er 953 the house of lords held that in fatal accident cases the multiplier and the annual dependency have to be worked out with ..... as being spent for the benefit of his dependents (kemp & kemp 4th ed, 1975. vo. 1, pp. 235-236). in adsett v. west (1983) 3 wlr 437, mc. cullough j. pointed out that customary calculations and estimates which have been made for many years in cases under the fatal accidents .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-15-1984
Reported in : ILR1984KAR110; 1984(2)KarLJ72
..... that question was not put in issue. admittedly there is no provision corresponding to section 51 of the karnataka act in the bombay act. the law laid down in damadilal's case remains unaffected what is achieved by amendment, in the bombay act, is ia a way contained in section 51 of the karnataka act. therefore the said decision does not affect our conclusion.35. this takes ..... his requirement to reconstruct this building is not only bonafide but is also reasonable for the court to grant the same.'it has of course entered into the question of comparative; hardship and recorded its conclusion in favour of the respondent.6. in paragraph-13 of the impugned order which is the last paragraph, the trial court has adverted to ..... this revision petition.36 sri b. neelakanta, learned advocate appearing on behalf of the respondent-landlord contended, at the outset, that even if it is, in view of section 51(1) of the act, held that a legalrepresentative has a right to prosecute this revision petition, that right is circumscribed by certain limitations. he adumbrated his argument, by stating that, such a ..... -v.- kamalamma, 1975 (2) karnataka law journal, 459, vishnu narain -v.- paplal baldev & others, 1978 (1) karnataka law journal, 212 and lakshmi hardware stores & another.-v.- g. v. srikantayya & another, 1983 (2) karnataka law journal, 161. in all these decisions, the premises concerned happened to be non-residential premises.15. as already made clear by us, in one of the preceding .....Tag this Judgment!