Court : US Supreme Court
Decided on : Jun-28-2000
..... provision of the statute was 750 chosen to precisely address crowding and physical intimidation: conduct shown to impede access, endanger safety and health, and strangle effective law enforcement"); id., at 14 ("[t]his provision narrowly addresses the conduct shown to interfere with access through crowding and physical threats"). the court nevertheless concludes that ..... place of employment involved in a labor dispute. we concluded that this statute violated the equal protection clause of the fourteenth amendment, because it discriminated between lawful and unlawful conduct based on the content of the picketers' messages. that discrimination was impermissible because it accorded preferential treatment to expression concerning one particular subject ..... moreover, as with every exercise of a state's police powers, rules that provide specific guidance to enforcement authorities serve the interest in evenhanded application of the law. whether or not those interests justify the particular regulation at issue, they are unquestionably legitimate. it is also important when conducting this interest analysis to recognize ..... the avoidance of potential trauma to patients associated with confrontational protests. moreover, rules providing specific guidance to enforcement authorities serve the interest in evenhanded application of the law. also, the statute deals not with restricting a speaker's right to address a willing audience, but with protecting listeners from unwanted communication. pp.714-718. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-06-2000
Reported in : AIR2000P& H271
..... delivery of possession in execution of a decree for injunction passed in a suit for mandatory injunction to vacate the disputed premises was not justified. the law laid down in this authority would not apply to facts of the present case, where the court had passed a decree for prohibitory injunction and ..... balbir singh and defendant no. 4 om parkash from interfering in the possession of harbant singh plaintiff over the suit land except in due course of law.9. in the present case, it is not disputed before me that at no point of time harbant singh plaintiff was dispossessed from the suit land ..... of the land in question. reliance has placed on 1993 (2) cur lj 116, harbans singh v. daulat ram. reliance was also placed on the law laid down by this court in civil revision no. 315 of 1999, om parkash v. harbant singh etc. on 21-1-1999. reliance was also placed ..... the pendency of the said execution petition, om parkash defendant--judgment-debtor filed objections in the said execution petition, alleging therein that he was the lawful owner and in possession of land in dispute since 31-1-1989 on the basis of the sale deed and that harbant singh decree-holder had ..... singh and om parkash and they were restrained from interfering into the cultivating possession of the plaintiff over the suit land except in due course of law. subsequently harbant singh decree holder moved execution petition dated 18-12-1995 against balbir singh and om parkash defendants (judgment-debtors), alleging therein that after .....Tag this Judgment!
Court : Chennai
Decided on : Jul-07-2000
Reported in : 2000(3)CTC468
..... the deceased original petitioner to continue the proceeding thus allowing the, petition filed under section 27 of the act is perfectly within the ambit of law. 18. after all, the tenant is always at liberty to question the rights or qualifications of the legal representatives sought to be impleaded, if ..... .no.85 of 1996 by the respondents herein before the rent controller in rcop no.8 of 1990 is perfectly within the bounds of law wherein the points that are to be decided are whether such petitioners are the real legal representatives of the deceased petitioner/landlord and whether they ..... it had been filed for his personal/individual occupation of the premises, nor could such rights of the original petitioner become non est in law so as to say that his legal representatives cannot continue the proceeding getting themselves impleaded by virtue of a petition filed under section 27 of ..... is false to conclude that on his death, the same becomes either extinguished without being made available for his legal representatives or become nonest in law as it is argued on the part of the learned counsel for the petitioner. 17. for all the above discussions held, the only conclusion ..... in the sense that the moment the landlord passes away, automatically, either by intestate succession of survivorship on account of the operation of the law or by testamentary succession, the legal representatives would become the owners of the premises which is the subjectmatter in a petition filed by the original .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-25-2000
Reported in : 2000(4)ALD510; 2000(4)ALT402
..... in awarding the contract to the 5th respondent after carefully perusing the original records placed before us at the time of hearing.19. the law relating to award of contracts by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been well settled ..... this contention also'.from the above observation, it cannot be said that whenever a fresh or revised tender notification is issued, by force of law, the earlier tender notification stands rescinded/cancelled. the allahabad high court has not laid down any general principle which could be applied to eachand every ..... formalities prescribed by article 299 of the constitution, the contractual liability of the state is the same as that of an individual under the ordinary law of contract. article 299 of the constitution only lays down the formalities which must be complied with in order to bind the government with ..... india which conjointly govern the government contracts.11. though a government contract is a species of the genus contract and is governed by the same law of contract, i.e., the indian contract act, yet it is a thing apart, a class by itself, calling for special and distinct ..... standing counsel would submit that there is total lack of pleading and proof to bring home the charge of malice-in-fact or malice-in-law against the respondent authorities. the learned standing counsel would maintain that the action of the official respondents in awarding the subject contract to 5th .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-26-2000
Reported in : 2000(4)AWC2685
..... vacancy with effect from 30th june, 1996, to pay arrears of salary and to continue to pay in future such salary/ emoluments, etc. as may become due in accordance with law until she is finally regularised and/or a duly selected candidate by the u. p. secondary education selection board joins the post, as the case may be.iii. special appeal .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-28-2000
Reported in : AIR2001Guj118; (2001)1GLR16
..... land, created honestly, for the purpose of saving the estate or for the benefit of the title. by passage of time, the power of alienation came into existence in hindu law. before the hindu minority and guardianship act, 1956, came into force, the position of the natural guardian and de facto guardian was virtually identical, except in certain respects. after the 1956 act ..... facto guardian, for example, if it is effected for the marriage of the minor's sister. 29. the concept and philosophy of de facto guardian is unique and novel in hindu law. a de facto guardian means, at times, a self-appointed guardian. he is a person who takes continuous interest in the welfare of the minor person or in the management ..... was not brought in force. what was the proposition then would be the rights and liabilities of de facto guardian before the aforesaid act came into force? under the old hindu law, a de facto guardian enjoyed the same powers as a natural guardian. alienation by a natural or de facto guardian should be supported by necessity or benefit. alienation by a ..... facto guardian', under the provision of section 11, would not be able to deal with minor's property as a person with such a status used to do under uncodified hindu law. since our case is governed by the old provision, we should not enter into further details or meticulous examination of this aspect. 15. the learned single judge in the reference .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-02-2000
Reported in : (2000)3CALLT486(HC)
..... for public purpose.8. 1 do not accept the argument of learned advocate for the petitioners that the acquisition sought to be made was for ramkrlshna mission which is a hindu organisation and for that reason no acquisition can be made for public purpose at public expense and i reject such contention.9. re: point nos. 2 & 3.admittedly ramkrishna mission ..... stdheswar shat v. state of west bengal reported at : air1995sc2089 that persons belonging to or owing their allegiance to ramkrishna mission or ramkrishna math belong to a religious denomination within hindu religion or a section thereof as would entitled them to claim the fundamental rights conferred on either of them under article 26. india is a secular country. under the scheme ..... .'5. the learned sr. counsel for the petitioners in course of his argument argued the following points:1. the acquisition is for ram krishna mission which has been adjudged as hindu organisation by the supreme court of india and there cannot be any acquisition under the said act on public purpose.2. admittedly ram krishna mission is governed by the provisions .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-02-2000
Reported in : AIR2000SC3335; 2001(1)BLJR9; JT2000(8)SC99; (2000)3MLJ170(SC); 2000(5)SCALE399; (2000)8SCC99; Supp2SCR114; 2000(2)LC1365(SC)
..... in fact, no adoption.3. the factual score further depicts that the family of mohanlal had migrated from jaipur and was governed by the benaras school of hindu law. the plaintiff contended that ramgopal's adoption stands vitiated for want of authority from mohanlal to kisnibai to adopt a son to him. ramgopal, however, ..... of kisnibai in respect of mohanlal's property; (ii) mohanlal was governed by benaras school of hindu law and not the bombay school of hindu law; (iii) radhabai was not living as a member of mohanlal's joint hindu family; (iv) there was no authorisation to radhabai to adopt a son to mahadeo and though ..... would be entitled to claim rights in the property which belong to mohan lal and referred to clause (c) of proviso to section 12 of the hindu adoption and maintenance act. for convenience sake the third proviso to section 12 is noted hereinbelow:12 effects of adoption.-.provided that -(c) the adopted ..... .e., 25th april, 1967, radhabai was the only surviving member of the family of mohanlal. succession to mohanlal opened in the year 1923 when the hindu women's rights to property act; 1937, had not been enacted, the most that could be said in respect of radhabai would be that radhabai, by ..... would be entitled to take widow's estate in the property left by mohanlal, and by virtue of the provisions of section 14(1) of the hindu succession act, her estate would be enlarged and she would become a full owner of the property. at the time when the previous suits were finally .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-07-2000
Reported in : ILR2000KAR4134; 2001(1)KarLJ364
..... evolved - vide national building construction corporation v s. raghunathan.40. the doctrine of legitimate expectation is also a principle which has its genesis in the field of administrative law and has no relevance while examining the legislative power of the state. it cannot be used to challenge the legislative power of the state or to challenge any legislation - ..... such a provision, would be invalid, as it is hit by the doctrines of promissory estoppel and legitimate expectation.37. promissory estoppel is a doctrine applicable to administrative law and administrative action. it is not available as a ground to challenge legislations. the doctrine of promissory estoppel has been explained in motilal padampat sugar mills company limited v ..... ) whether bda should be directed not to forcibly dispossess the petitioners with a further direction not to demolish the structures put up by the petitioners, otherwise than in accordance with law.point (i) - validity of ordinance 4 of 2000:16. bangalore development authority act, 1976 was amended by bangalore development (amendment) act, 1999 (karnataka act 1 of 2000), ..... years and perfected title by adverse possession; that others are in settled possession; and therefore they cannot be forcibly dispossessed and their buildings cannot be demolished without recourse to law. 11. hence, petitioners have filed these petitions seeking the following reliefs:(i) a direction to bda to send a proposal to state government seeking approval to sell the .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-09-2000
..... clause (a) of section 10(1) which was in identical term. in mulla's hindu law, 15th edition at page 793 onwards, mulla has summarised the law and principle of desertion. the expression desertion in the context of matrimonial law represents a legal conception and is one very difficult to define. the essence of desertion ..... in bank.' the objection of the husband-petitioner was that the maintenance of the daughter does not come within the purview of section 24 of the hindu marriage act. as such, on the basis of that clear position the maintenance of the daughter is unwarranted in the state of the proceeding. ..... decisions with regard to the cruelly and they are: (i) air 1988 sc 121 (shobha rani v. madhukar reddi). this is adecision on cruelty under the hindu marriage act and this decision does not help the appellant. (ii) 1997 (iii) glt 292 (monoranjan dutta v. smti. shibani dey] wherein a division ..... ground of desertion of the appellant (husband) by the respondent-wife. 2. the brief facts are as follows :- the parties were married according to hindu rites on 8-3-1980. it was a marriage by negotiation. the plaintiff-respondent is a doctorand the defendant-wife was a science graduate. a daughter ..... be irretrievably broken (a).' 10. in this case, we must bear in mind section 23 of the hindu marriage act. the initial words of the section adopt the well-established principle of matrimonial law that decrees of dissolution of marriage are to be made only upon strict proof. the proceedings under the .....Tag this Judgment!