Court : Orissa
Decided on : Feb-17-2011
..... september 1999 as accepted by the syndicate on 23.9.1999, is arbitrary, illegal being in violation of the provisions of the act and against principles of natural justice.15. the writ petition is accordingly allowed. the decision of the revenue divisional commissioner (s.d.), berhampur ..... the government resolution no. 25455/tw dated 10.9.93, resolution no. obc-18/94 - 1145/hw, bhubaneswar and the provisions contained in the act. the report of the revenue divisional commissioner (s.d.), berhampur recommending action against the petitioner and that of the syndicate sub-committee held on 9th ..... university brought forward backlog of sc vacancy, there would have been 100% reservation, which would have been in violation of section 7 of the act. university was entitled to fill in the backlog by carrying forward the vacancies together with the normal reserved vacancies not exceeding 50% of the ..... relevant for the present controversy, is section 7 of the act. so far as relevant, it reads : "7. if, in any recruitment year, the number of candidates either from scheduled castes or scheduled tribes ..... vacancies to be left unreserved. the appointing authorities are required to maintain rosters in the prescribed form. in view of section 6 of the act reserved vacancies in appointments are inter- changeable between sc and st in the event of non- availability of candidates from the respective communities.10. .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-11-2011
..... to a punchayet or committee selected from amongst the most influential or leading members of the said community."the next recital provides that the panchayat also acted and was recognized as the custodian and manager of the property given from time to time for religious, benevolent and other purposes. the deed ..... in the action which emanates from an originating summons, the applicant may seek a direction to the trustees to do or abstain from doing any particular act in their character as trustees. the jurisdiction of the court is discretionary, for if the court is of the view that the matter in respect ..... iv) the payment into court of any moneys in the hands of trustees (clause (d)); (v) directing the trustees to do or abstain from doing any particular act in their character as such trustees (clause e)); (vi) the approval of any sale, purchase, compromise or other transaction (clause f)); and (vii) the determination ..... with the tenets of the parsi zoroastrian faith. in the course of the administration of the trust, the trustees are bound in law to act in accordance with the parsi zoroastrian religion and the right to regulate and control the entry of a priest vests with the trustees since the trust ..... of the trust. by setting up the belief in cremation as an efficacious mode of disposal of the dead, the priests are alleged to have acted contrary to the basic tenets of the faith. the maintainability of the originating summons is questioned on the ground that complicated issues of fact or .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-10-2011
..... and the resignation was intimated to the assistant commissioner, s-ward, licence department by a letter addressed as far back on 23rd april 1991. all statutory compliances under the companies act, 1956 have also been made. therefore, there was no intention to mislead the department, nor any details with regard to e.j.havaldar have been incorporated deliberately. therefore, the ..... of the decision of the authorities. the authorities are required to consider only the requirements and conditions specified for grant of factory permit as prescribed in the mumbai municipal corporation act, 1888. once that satisfaction is reached, then, the permit cannot be withheld, nor can the renewal be objected on some other grounds.23 mr.chinoy has invited my attention ..... in addition to what was stated in their original factory permit. therefore, the factory permit was revoked and the petitioner no.1 was prosecuted under section 390/471 of mmc act for running the factory without valid permit and the authority also informed the mseb for disconnection of electric motive power supply. (6) thereafter, factory permit was restored and after ..... concluded that even this circular accepts the position that insisting on production of landlord's consent before any permission or licence is issued under section 390 or 394 of the act is not envisaged by the said provisions. thus, the learned single judge concluded that the circular re-inforces the statutory position. in such circumstances, reliance by mr.chinoy on .....Tag this Judgment!
Court : Jharkhand Ranchi
Decided on : Mar-11-2011
..... about commission of offence. some of the accused persons have not been arrested as investigation against them is going on. referring to section 3 of the money laundering act, he submitted that the petitioner is directly involved in the process and actively connected with the proceeds of crime for projecting it as untainted property. petitioner may hamper ..... along with co-accused persons acquired huge illegal money ( proceeds of crime) through corrupt and illegal means and committed offences, which are covered under schedule of money laundering act, in connivance with his close associates, including petitioner and others. the proceeds of crime so accumulated were invested not only in india but in several other countries so as ..... and immoveable properties and assets not only in india but in abroad also. those properties were acquired otherwise and were not included in their disclosed assets. their criminal acts indicated misappropriation of public money in the capacity of public servants. one of the co- accused binod sinha is the own brother of this petitioner vikash kumar sinha. ..... sanjay chaudhary and shri dhananjay chaudhary. the investigation against this petitioner was complete and thereafter complaint was filed before the special judge, ranchi (under the prevention of money laundering act), stating therein that the investigation of the case against other accused persons was going on. accordingly, leave, as prayed, for filing further complaint against other accused persons was .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-04-2011
..... witnesses who were examined by prosecution, it is established that the handwriting is proved beyond reasonable doubt and so far as section 8 of the evidence act is concerned, the conduct of the accused appellant is required to be considered. in light of the evidence led before the sessions court and from ..... shows the conduct of the appellant accused and therefore, same is required to be considered in light of the provisions of section 8 of the evidence act. the conduct of the accused to make demand of rs.300/- and on demand, the accused had returned back rs.50/- to the complainant and ..... pay a fine of rs.500/-, i/d to suffer simple imprisonment for three months for the offence punishable under sections 7 of the prevention of corruption act. all the sentences shall run concurrently.2. according to the prosecution, the complainant at the time of filing of fir, was residing in village sagar ..... the learned sessions judge was pleased to convict the appellant-accused under section 13(2) read with section 13(1)(d) of the prevention of corruption act and awarded sentence to the appellant to suffer rigorous imprisonment for 2 years and to pay fine of rs.500/-, i/d, to further undergo simple ..... trial for the commission of the offences under section 7 and 13 (1)(d) read with section 13 (2) of the prevention of corruption act, 1988 (hereinafter referred 'the act'). the learned special sessions judge, jamnagar, in special case no.18 of 1993 passed judgment and order of conviction and sentence dated 7^th .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Mar-09-2011
..... , on behalf of deft. no.1, it was submitted that the said surrender deed dated 20.1.1976 (exh.98) is not registered under section 17 of the indian registration act, and therefore, the same cannot be of any aid and assistance to the case of the plaintiffs. in the said context, learned counsel for plaintiffs submitted that section 49 of ..... the indian registration act, speaks of the effect of non registration of the document which is required to be registered, and further argued that the provisions of section 49 of the said ..... act lay down that an unregistered document may be received in evidence only for collateral purposes. it was canvassed that even if a document is compulsorily registrable and ought to have .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-09-2011
..... raised the defence of sham and bogus agreement/document and resisted to execute the final document. on the contrary, the defence was raised that the contract was nothing but a leave and licence agreement. respondent no.1 accordingly tried to lead oral evidence contrary to the specific written documents. it is ..... respondent no.1, also no reason to overlook the established case of the appellant. 16 the aspect of sections 91 and 92 of the evidence act is also material consideration, in the facts and circumstances of the case, to disbelieve the defences of sham and bogus agreement and the case of ..... and licence agreement, in no way sufficient to overlook the proved contents of the basic written document and the conduct of respondent no.1, who acted upon the same, without any objection/protest at the relevant time, goes to the root of the matter, and thereby misread the agreement and the ..... they have complied with their obligations and expressed that they are always ready and willing to complete the transaction. both the parties, in fact, substantially acted upon the same. however, respondent no.1 failed to perform its part of the agreement. 9 the appellant has proved that respondent no.1 admittedly ..... and doing the business in the same; the fixed monthly amount towards the interest and outgoings have been paid since then. both the parties have acted upon the agreement. 8 admittedly, by letter dated 18 april 1980 the appellant forwarded the cheque for the balance consideration of rs.2,84,200/ .....Tag this Judgment!
Court : Delhi
Decided on : Mar-11-2011
1. whether reporters of local papers may no. be allowed to see the judgment?2. to be referred to the reporter or not? no.3. whether the judgment should be reported no. in digest?1. this is an application filed by defendant no. 6 for permission (i) to let out the second and third floor of the suit property which is a duplex unit, (ii) to restrain the plaintiff and defendant no. 4 and anyone else claiming through them from interfering in his use and enjoyment of the aforesaid portions of the property and to have access to all the portions of the property and (iii) to restrain them and anyone claiming through them, from interfering in use of the basement of the aforesaid property by him.2. the plaintiff, who is stated to be aged about 80 years, is the wife of defendant no. 6, who is stated to be about 86 years old, whereas defendant nos. 1 to 5 are their daughters. property no. 21a, aurangzeb lane, new delhi was owned by an huf consisting of defendant no.6 shri t.n. khanna and his three brothers namely bhola nath, mahadev prasha and santosh kumar. a partition took place amongst the members of the aforesaid huf and in that partition, unit no. 4 in the aforesaid property fell to the share of shri t.n. khanna, huf. this partition was affirmed by an arbitrator who was appointed to adjudicate on certain disputes which had arisen amongst shri t.n. khanna and his three brothers.3. as per the award rendered by justice m.l. verma on 25th may, 1995, a sum of rs. 7,12,710/- was to be paid .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-04-2011
1. the challenge in this petition preferred under article 226 of the constitution of india, is to the rejection of the candidature of the petitioner by respondent no.2 gujarat public service commission (gpsc), on the ground that the petitioner does not possess the requisite qualifications for the post of lecturer in the discipline of mechanical engineering. it is, interalia, prayed that the decision of the gpsc rejecting the candidature of the petitioner on the ground that he has not scored 75 percentile in the graduate aptitude test in engineering (gate), be quashed and set aside and the petitioner be declared as eligible to be considered for appointment to the post of lecturer, class-ii, in the government engineering colleges and polytechnics in the state of gujarat.2. the relevant factual background is that the gpsc published advertisement no.186 dated 16.02.2010, calling for applications from eligible candidates to fill up the posts of lecturers in government engineering colleges and polytechnics in the state of gujarat. the petitioner, who was appointed as lecturer (mechanical engineering) on ad hoc basis vide order dated 28.01.2009, applied pursuant to the same. earlier, the petitioner, along with others, had filed a petition, being special civil application no.4651 of 2010, seeking a direction that his services be not terminated. this was done in view of the fact that the appointment of the petitioner was for a term of 11 months, or till he is replaced by a regularly .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-31-2011
..... a registered holder or as an intermediary purchaser is deemed to be bonafide provided such a transaction under the provisions of securities contracts (regulation) act, 1956 is effected through a number of stock exchanges recognised under the provisions of securities contract act and is in accordance with the rules and bye-laws of the stock exchanges. it further lays down that the purchase ..... is not duped of his hard earned money which he invests by purchasing the equity shares of a company. admittedly, the trial of offences relating to transactions in securities act, 1992 had been enacted and given effect to in order to prevent undesirable transactions in securities by regulating the business of dealing therein as also certain other matters connected therewith ..... custodian and accepted by the special court cannot be construed so as to have a binding effect of statutory nature under the provisions of the transaction of sale of securities act, 1956, wherein there is no fixed time limit for encashment of shares nor there is prescribed procedure for certification which emerged only on account of extraordinary situation when ..... by the respondent no.2 - reliance industries ltd., the need arose for its certification through the custodian under the control and supervision of the special court constituted under the act of 1992. meanwhile, long time had elapsed between the date of purchase and the application for certification of the shares and obviously during this long period it is the .....Tag this Judgment!