Court : Supreme Court of India
Decided on : Mar-29-2000
Reported in : AIR2000SC1421; JT2000(4)SC30; (2000)125PLR826; 2000(2)SCALE663; (2000)4SCC146; 2SCR705; 2000(2)LC978(SC)
..... the grants having been made to the juridical person symbolised or personified in the idol.20. thus, a trust is not necessary in hindu law though it may be required under english law.21. in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurdwara ..... calcutta : 74itr33(sc) held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ; the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with rights of ..... 'a compendious expression of the pious purposes for which the dedication is designed.' vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750; varadachariar j. dealing with this question, referred to the decision in, ilr 1910 cal 128 and ..... for the purpose; the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity 6f the english law. in early law a gift placed as it-was expressed on ..... establish a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-29-2000
Reported in : (2000)160CTR(SC)61
..... to the juridical person symbolised or personified in the idol.'(emphasis, italicised in prints, supplied)thus, a trust is not necessary in hindu law though it may be required under english law.in fact, there is a direct ruling of this court on the crucial point. in pritam dass mahant v. shiromani gurrudwara prabandhak ..... 1969]74itr33(sc) , held that the consecrated idol in a hindu temple is a juristic person and approved the observation of west j. in the following passage made in manohar ganesh v. lakshmiram ilr 12 bom 247:'the hindu law, like the roman law and those derived from it, recognises not only incorporate bodies with ..... be 'a compendious expression of the pious purposes for which the decimation is designed'. vide also the observations of sir ashutosh mookerjee at p. 155. in hindu religious endowments board v. veeraraghavacharlu air 1937 mad 750 (g), varadachariar j. dealing with this question, referred to the decision in ilr cal 128 (f) ..... for the purpose., the necessity of a trust in such a case is indeed a peculiarity and a modern peculiarity of the english law. in early law a gift placed as it was expressed on ..... a religious or charitable institution may according to his law express his purpose and endow it and the ruler will give effect to the bounty or at least, protect it so far at any rate as is consistent with his own dharma or conception or morality. a trust is not required .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-22-2000
Reported in : 2001ALLMR(Cri)934; 2001CriLJ1555
s.g. mahajan, j.1. this common judgment shall dispose of criminal appeal no. 339 of 1995 and criminal appeal no. 361 of 1995. criminal appeal no. 339 of 1995 is brought by appellants no. 1 ashok kawaduji salame and no. 2 ashok ramrao bhujbal, who were accused no. 1 and 2 respectively, and criminal appeal no; 361 of 1995 is brought by appellant anil pundlikrao badhe, who was an accused no. 3, in sessions trial no. 163 of 1993 on the file of the learned additional sessions judge, amravati. each of the above accused was convicted of the offences under section 376(2)(g), section 506 read with section 34 and section 448 read with section 34, i.p.c. and was sentenced to suffer r.i. for ten years and to pay a fine of rs. 5,000/-or in default to suffer r.i. for six months more for the offence under section 376(2)(g), i.p.c., to suffer r.i. for one year for the offence under section 506 read with section 34, i.p.c. and again to suffer r.i. for one year for the offence under section 448 read with section 34, i.p.c. the substantive sentences of imprisonment were directed to run concurrently. accused no. 4 jitu alias jitendra marotrao deshbhrathar in the abovesaid sessions trial is not an appellant since he was acquitted of all the offences. the aforesaid appellants have challenged the above order of conviction and sentence in these appeals.2. the case of the prosecution is as follows :(a) at the time of incident, prosecutrix ku. meena daughter of prabhakarrao gawande was residing .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-19-2000
Reported in : 2001(1)AWC744; (2001)1UPLBEC407
..... question be considered by a larger bench. judicial decorum, propriety and discipline required that he should not ignore it. our system of administration of justice aims at certainty in the law and that can be achieved only if judges do not ignore decisions by courts of coordinate authority or of superior authority. gajendragadkar. c.j. observed in bhagwan v. ram ..... was unaware of the judgment of the earlier bench but knowingly it proceeded to disagree with the said judgment against all known rules of precedents. precedents which enunciate rules of law form the foundation of administration of justice under our system. this is a fundamental principle which every presiding officer of a judicial forum ought to know, forconsistency in interpretation ..... services are terminated earlier on the grounds connected with misconduct, unsuitability or bona fide abolition of post.'16. the full bench in smt.pramila mishra (supra) while declaring the law on the nature of short-term appointments after conversion of vacancy into substantive, specifically overruled this decision and held in paragraph 24 as below :'.....that the decisionsof this court like ..... into a substantive vacancy whether short-term appointment would continue or it would come to an end. the full bench in smt. pramila mishra (supra) has considered thisquestion. the law laid down by the full bench is extracted as under :'summing up our conclusions in the light of the discussions in the foregoing paragraphs, we hold that a teacher appointed .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-16-2000
Reported in : 2001(2)BomCR492; (2001)ILLJ1198Bom
..... this court. the learned a.g.p. is right in his submissions that when this court decided the cases of khushal gaidhane and namdeo kalwale, the law laid down by the earlier division bench in the case of rambhau (supra) and machindra pandurang chavan v. state of maharashtra : (1989)iillj353bom was not ..... and this reasonable period could be about two to three months. the delinquent employee's direct approach to the tribunal or to a court of law challenging the suspension order should not be ordinarily entertained unless he has approached the competent authority by invoking the provisions of rule 4(5) of the ..... guidance of the officers and they do not create any vested right in favour of the suspended employees so as to approach a court of law or the tribunal and seek directions for reinstatement or for quashing and setting aside the suspension order when the suspension has been effected by invoking ..... from service imposed upon a government servant is set aside or declared or rendered void in consequence of, or by, a decision of a court of law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on ..... 1974 cannot be treated as a rule governing conditions of service namely suspension of government employee and was, therefore, not enforceable in a court of law. the circular under consideration not having been issued or made under any of the rules which have been repealed, it could not be said to be .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-15-2000
Reported in : 2001(129)ELT296(MP)
..... the submission of learned standing counsel for union of india would have been acceptable but the fact of the instant case are quite different. the law laid down in the case of flock india ltd. (supra) is quite distinguishable inasmuch as in the said case the assessee had questioned the order ..... to other issues were raised before us during the course of the arguments. there shall be no order as to costs.'from the aforesaid enunciation of law it becomes graphically clear that hdpe strips fall under a different heading and the industries dealing with the same is entitled to modvat facility. mr. tankha ..... not claim modvat. under such circumstances, the petitioner could not be put under a legal disability and denied credit of duty paid under mistake of law committed by the excise authorities. it has also been set forth that the duty was paid under protest and that is apparent from various letters and ..... into consumption.3. after receipt of notice to show-cause the petitioner submitted its reply contending that the benefit, which had accrued to it under law was denied on account of the erroneous interpretation on the part of the department, and hence, he cannot be denied the benefit on the basis ..... for filing a declaration to avail modvat benefit, but the same was not allowed by the department. while the petitioner was paying tax as a law abiding and sincere tax-payer other manufacturers of hdpe woven sacks/tapes/fabrics from indore filed a writ petition before the indore bench of this court .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-05-2000
Reported in : 2001ALLMR(Cri)697; 2002(4)MhLj368
..... any of the cases in hand. as rightly submitted by the learned advocates for the petitioners, part ii of first schedule of the criminal procedure code provides that if offence against any law other than indian penal code is punishable with imprisonment for less than three years or with fine only, then the same would be non-cognizable offence.12. section 156 of ..... cognizable offences by the petitioners, nor the ingredients of section 420 of indian penal code, the investigation carried out by the police authorities is to be held as bad in law and, therefore, is to be quashed. the apex court, in state of haryana and ors. v. ch. bhajanlal and ors. reported in : 1992crilj527 , has clearly held that the condition which ..... or under the trade and merchandise marks act, 1958 and the rules made thereunder to take necessary action and/or proceedings whichever legally permissible in accordance with the provisions of law against the offenders including petitioners, if so found, and including in relation to the facts alleged in the first information reports hereby quashed.Tag this Judgment!
Court : Chennai
Decided on : Dec-02-2000
Reported in : (2001)1MLJ335
..... any right under any law including the provisions of the tamil nadu city tenants protection act, if it is held to be applicable. so it cannot be said that in the earlier proceedings, this court ..... . as and when the fair rent is fixed, liberty has been given to the petitioners therein, who are the petitioners herein, to vindicate their rights in the manner known to law before the appropriate forum or the court, if they are aggrieved against the determination of fair rent. liberty was given to the first respondent herein at the stage to claim ..... , and notice of termination was also served. under the circumstances we are of the view that the contention of the learned senior counsel for the appellant that the proposition of law, laid down by the hon'ble supreme court in the above cited case, will squarely cover the case on hand, has some force.13. so, the first respondent is not .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-28-2000
Reported in : 2001(1)WLC433; 2001(1)WLN226
..... by winfield as 'a principle of judicial legislation or interpretation founded on the current needs of the community' (see percy h. winfield', 'public policy' in english common law,' 42 harvard law rev. 76). now, this would show that the interests of the whole public must be taken into account; but it leads in practice to the paradox that in ..... , which is not required to be compulsorily registrable is executed and not offered for registration shall remain operative and valid, authority exercisable under it shall depend on ordinary law of proving the execution of document and its genuiness, notwithstanding it is for a period exceeding the period mentioned in the notification and notwitstanding it has been executed in ..... registered which is compulsorily registrable. likewise such completion of modulities will by itself not make the transaction valid or conducive to public policy, if it is otherwise opposed to law.52. if a document is compulsorily registrable and not registered, the document and transaction contained therein will remain inoperative, and the document itself inadmissible in evidence to establish ..... or not, on presentation, is not a legislation dealing with substantive provisions dealing with rights of the persons. the fact that non-registration of a document which under law is compulsorily registrable results in consequences having the effect on admissibility of such document in evidence as proof of such transactions or renders the transaction incomplete, cannot inhere in .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-24-2000
Reported in : 2007(2)WLN567
..... granted, fall within the area outside the jurisdiction of the jaipur-bench.10. we have heard the learned counsel for the parties at length and have gone through the case law cited on behalf of both the sides.11. let us first deal with the preliminary objections raised on behalf of the respondents.12. the first preliminary objection raised was that ..... v.s. kokje, j.1. as these four petitions involve common questions of law and the facts involved in the petitions are also almost identical, they were heard together and are being decided by this common order.2. the petitions relate to the contracts .....Tag this Judgment!