Court : Kolkata
Decided on : May-19-2000
Reported in : (2000)3CALLT288(HC),[2001(88)FLR850],(2001)ILLJ643Cal
..... the petitioner on 9-7-98 (annexure-'c') and 29-7-98 (annexure-'d') and pass an appropriate order in accordance with law as expedltlously as possible and preferably within a period of four months from the date of communication of this order irrespective of the fact ..... . v. st. joseph teachers training college, reported in : 2scr231 the apex court observed that court cannot grant relief on humanitarian ground contrary to law.41. in central board of secondary education & ors. v. adarsh kumar sedhwrayar& ors., reported in 1998(2) chn 61, the same principle has been ..... division bench of this court observed :--'in life insurance corporation of india v. mrs. asha ramchandra ambekar & anr, reported in : (1994)iillj173sc , the law has been laid down in the following terms : 'thus apart from the directions as to appointment on compassionate ground being against statutory provisions, such direction does ..... estopped and precluded from contending that they are the direct employees of the principal employer.28. in fact, mr. mitter accepted this position of- law.29. the power of the central government to issue a notification under sub-section (1) of section 10 involves human element. while exercising such ..... establishment, even those who belong to the minority union which had objected to the same. to that extent it departs from the ordinary law of contract. the object obviously is to uphold the sanctity of settlements reached with the active assistance of the conciliation officer and to discourage .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-08-2000
Reported in : AIR2000Cal251
..... the whims of a student's union.20. mr. bikash ranjan bhattacharya, learned senior counsel appearing on behalf of the university made his submissions mainly on the question of law. but before proceeding with his submissions, i like to point out that being prima facie satisfied with the contentions of the purported non-collegiate and discollegiate students this court was ..... examination irrespective of the actual number of classes attended by them. the students are merely shown to have the requisite attendance. not a single student of the department of law of the respondent university has been made discolleglate and debarred from appearing in an examination in the last five years.xv) the registers for recording the attendance of the students ..... or partiality shown by the members of the non-teaching staff; (c) policy of acceptance of medical certificate has been prepared by all the teachers of the department of law keeping in view of the university regulations which stipulates 65% attendance for being collegiate and 55% attendance after condonation for being non-collegiate. such regulation is silent about the ..... jointly made a unique situation. in respect of the earlier 2 applications which are under the purported nomenclature of 'non-collegiate' students, the petitioners being various students of the law college under the university of calcutta alleged that all requisite fees were received by the university of calcutta as non-collegiate fees even thereafter, they were not allowed to sit .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Apr-17-2000
Reported in : (2001)77ITD270(Delhi)
..... considered view, there was no infirmity of any kind, legal or otherwise, in the findings of the cit (appeals). we have also considered the case laws as relied upon by the cit (appeals) and here before us and we find that they were rightly applied by the cit (appeals) as they ..... or having been converted into convertible foreign exchange outside india, is brought into india, by or on behalf of the assessee in accordance with any law for the time being in force for regulating payments and dealings in foreign exchange, there shall be allowed, in accordance with and subject to the ..... (appeals) has also controverted all the objections of the assessing officer in a very nice manner. he has properly understood the interpretation of law, then only the appeal of the assessee was allowed by the first appellate authority. firstly the cit (appeals) noted that the informations, which were given ..... heard the rival submissions and considered them carefully.we have also perused the material on which our attentions were drawn.after considering the material and case laws we found that the cit (appeals) has dealt with the issue with proper application of mind. the issue was discussed in details. the cit ..... described from pages 2 to 4 of the written submissions. after considering the submissions and perusing the order of the assessing officer and also the case laws relied upon by the assessee, along with board's circular no. 72, the cit (appeals) was of the view that the assessing officer .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-10-2000
Reported in : (2000)102BOMLR234
..... through petitioner no. 1), the grounds of divorce are having sexual relations with other persons - section 13(1) and cruelty section 13(ia) of the hindu marriage act, 1955. alternatively she has sought judicial separation under section 13-a of the said act. petitioner no. 1 wife has made very serious allegations ..... she has been in the premises all throughout.7. present petition arises out of an application for interim order in a proceeding to seek divorce under hindu marriage act, 1955. under section 27 of the act, the court can, while passing the decree, pass appropriate orders with respect to property ..... architect's report and with the permission of the society, it will be open to the learned judge to examine that application in accordance with law and to decide it on merits after hearing petitioner no. 1. in the event, any such order directing modification in the flat is passed and ..... the present case, petitioner no. 1 wife has made out a strong case for the order on facts and her submissions have a support in the law also.8. mrs. gokhale has drawn my attention to the provisions of the benarni transactions (prohibition) act, 1988 also to contend that assuming without accepting ..... jointly belong to them. interim application has to be seen on the background of this power. section 18(2) of the hindu adoptions and maintenance, act, 1956, entitles a hindu wife to live separately from her husband and that too without forfeiting her claim to maintenance and amongst others sub-clause (b .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-21-2000
Reported in : 2001(1)ALD443; 2001(1)ALT438
..... v. state of gujarat, (supra), it has been held that where a statute is declared ultra vires, the same is non-est in the eye of law. it is not a case where any executive decision is sought to be challenged by the petitioners. though, as indicated hereinbefore, they have approached this court ..... an elected member of parliament and consequently her right to hold the office of the prime minister of india stood revived. but, when a question of law is decided, as indicated hereinbefore, its ratio thereof cannot be said to be wiped out only because the operation of the said order is stayed. this ..... on the single judges and division benches until the judgment is set aside by the supreme court. though we do not agree with the statement of law and feel the principle to have been very widely stated yet ordinarily the matter to have been placed before a larger bench in giving the judgment ..... notifications. the property having been vested in the government would not get divested only because new notifications were published in 1991. if the conceded position of law is that the property was never divested from the government, the question of publication of notification afresh would in no way alter the position. in that ..... reform legislation from attack on the ground that they violate any of these three articles. then follows the second proviso which says that even where a law falls within article 31a it would not qualify for immunity if it seeks to acquire any portion of the land held by a person under his .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-03-2000
Reported in : 2000(3)AWC2583
..... representation being made by the petitioner along with a certified copy of this order while making the deposit in cash or by bank draft, consider thesaid representation in accordance with law and grant five consecutive equal monthly instalments to clear off the entire outstanding amount.11. the writ petition, therefore, stands finally disposed of in the aforesaid terms. a copy of .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-25-2000
Reported in : 2000(4)AWC2781; (2000)3UPLBEC2262
..... of india who adopted it as their religion. the names of sikhs are akin to that of hindus of that region and the sikhs are also governed by hindu marriage act, hindu succession act, etc. therefore, for a sikh to belong to 'jat' caste is all the more natural and probable in comparison to a muslim or christian. ..... thequestion of identification, the fact remains that one has to begin somewhere--with some group, class or section. there is no set or recognised method. there is no law or other statutory instrument prescribing the methodology. the ultimate idea is to survey theentire populace. if so. one can well begin with castes, which represent explicit identifiable social ..... deciding the controversy. the non-making of demand by them would not mean that they should be deprived of what is lawfully due to them, especially the opportunity to contest for an elected office, which in law, is available to them. the entry in the schedule has to be given its plain meaning and has to be understood ..... . the letter sent by the deputy secretary of government of u. p. on june 2, 2000, is wholly irrelevant as he has no authority in law to tell as to how an entry made in the schedule should be interpreted. it may be pointed out that it is settled ..... law that even the speeches made by the members of the constituent assembly in the course of the debates on the draft constitution cannot be treated .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-18-2000
Reported in : 2000CriLJ1896
..... have to be drawn from a given set of facts and circumstances with realistic diversity and not dead uniformity lest that type of rigidity in the shape of rule of law is introduced through a new form of testimonial tyranny making justice a casualty'. the court must deal rape cases with utmost sensitivity taking every precaution that an innocent person is .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-28-2000
Reported in : I(2001)DMC47
..... agree that sub-section (2) of section 14 of the act is an exception to section 14(1). it is the basic principle of law that a hindu woman has a right of maintenance qua her husband in the property held by her husband meaning thereby, that amar kaur had a pre-existing right ..... the hon'ble supreme court in vaddeboyina tulasamma and ors. v. vaddeboyina sesha reddi, air 1977 sc 1944, where it was held that where a hindu female acquires property under compromise in lieu of satisfaction of her right of maintenance, though the compromise may prescribe her as a limited owner, still the ..... 1979, the plaintiff got the property for the first time for her maintenance only and, in these circumstances, the provisions of section 14(2) of the hindu succession act (hereinafter called 'the act') will not apply. she could only enjoy the fruits of the land measuring 24 bighas but the intentions of ..... contention.to repel the above arguments of the learned counsel for the appellant my attention was drawn to sub-section (2) of section 14 of the hindu succession act by the learned counsel for the respondents. by referring to the provisions of sub-section (2) learned counsel for the respondents has argued ..... for the appellant has contended that the case of the plaintiff is fully covered by the provisions of sub-section (1) of section 14 of the hindu succession act, 1956, as she acquired the property under compromise decree in lieu of her pre-existing right of maintenance. he has placed reliance upon the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-18-2000
Reported in : (2000)125PLR175
v.s. aggarwal, j1. the present revision petition had been filed by smt. santosh rani and another (hereinafter described as 'the petitioners') directed against the judgment of learned appellate authority, sirsa dated 10.12.1982. by virtue of the impugned judgment, the learned appellate authority set aside the order as passed by the learned rent controller. instead the petition for eviction was allowed and the petitioner was granted two month's time to vacate the premises.2. the relevant facts are that the respondents had preferred a petition for eviction with respect to the suit premises. it was asserted that the suit property had been let to ravinder kumar at a monthly rent of rs.500/-. the grounds of eviction pressed were that the tenant has failed to pay arrears of rent from 1.7.1977 and that the said tenant has sublet the premises to kishan lal and santosh rani (petitioners in the present revision petition). in the reply filed, the alleged tenant ravinder kumar stated that he was a tenant in the suit premises till 30.6.1977 at a monthly rent of rs.325/-. thereafter the possession was handed over by him to the landlord. the shop was pleaded to have thereafter let to kishan lal. the petitioners in their reply alleged that they were the tenants in the property at a monthly rent of rs.l00/- from 1.4.1977. there was a partnership styled as om traders. ravinder kumar was one of the partners. after he and her mother retired from the partnership, the petitioners continued the .....Tag this Judgment!