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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 2000 Page 20 of about 2,509 results (0.079 seconds)

May 19 2000 (HC)

Railway Employees Co-operative Banking Society Ltd. Vs. Authority Unde ...

Court : Rajasthan

Decided on : May-19-2000

Reported in : [2000(84)FLR1008]; (2000)IIILLJ898Raj; 2000(1)WLC159; 2000(3)WLN344

..... 16, 1992, july 17, 1992, july 18, 1992 and july 19, 1992. thus the order of the authority under the act suffered from an error of law as well as of fact on the question of 'continuous employment for not less than six months' which is apparent from record. a case for issue of writ ..... made. on the other hand if the error is manifest in such a manner that it transgresses onto the realm so as to become an error of law, it is appropriate for the courts to correct such error in exercise of its jurisdiction under articles 226 and 227.section 28-a of the act reads ..... inadmissible evidence which has influenced the impugned finding. similarly, if a finding of fact is based on no evidence, that would be regarded as an error of law which can be corrected by a writ of certiorari. in dealing with this category of cases, however, we must always bear in mind that a finding of ..... the issue related to the jurisdiction is section 74 of the act of 1984. it is reproduced herebelow:'74. disputes (1) notwithstanding anything contained in any other law for the time being in force, if any dispute (other than a dispute regarding disciplinary action taken by a multi-state co-operative society against its paid employee ..... for the wrong decision. the decision of the labour commissioner that no enquiry had been held by the management amounts, therefore, to a clear error of law. the tribunal errs in thinking that it was bound by the decision of labour commissioner and this error on its part was an error so apparent on .....

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Aug 02 2000 (HC)

Corporation of Calcutta Vs. Prodyat Kumar Chowdhury and anr.

Court : Kolkata

Decided on : Aug-02-2000

Reported in : (2001)1CALLT279(HC)

..... admittedly, the particulars of the claim set out in the plaint show that a supplementary bill had been issued, such supplementary bill. in view of the law laid down by dutta, j. in his judgment which has been upheld by the division bench, could not have been issued in derogation of the ..... examined one khetra mohan nag in support of its case. a document was produced by, the said witness allegedly having been received by him from the law department but the original thereof had not been produced. exhibit--'a' was, therefore, inadmissible in evidence. it would be interesting to read some of the ..... & mr. joydeep kar, the learned counsel appearing on behalf of the respondents, is that the claim of the plaintiff/appellant is ex facie bad in law.11. in the earlier writ application, it is true, that this court was concerned with the validity of the notice dated 12th september, 1996, in terms ..... deductions regarding the cost of maintenance of the said plant machinery and implements and the cost of maintenance of the said cold storage in accordance with law. this will not entitle the petitioner to ask for re-opening for assessment for any period which is prior to the period mentioned in the ..... the said judgment reads thus :--'that being the position the rule herein must be made absolute and the corporation is required to act in accordance with law by giving a hearing in respect of the objection filed pursuant to the special notice under section 180 of the calcutta municipal act, 1951 dated 12th .....

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May 05 2000 (HC)

Sau. Jahnavi Arun Navare Vs. Principal, Thane Municipal Council, Law C ...

Court : Mumbai

Decided on : May-05-2000

Reported in : 2000(3)ALLMR801; 2000(4)BomCR728; (2000)3BOMLR175; 2000(4)MhLj375

..... the supreme court in the university of delhi case (supra), and having regard particularly to the paucity of teachers for teaching full time courses in law, the 2nd respondent-college will forward the case of the petitioner to the university which will, in turn, move the u.g.c. for ..... our attention has, however, been drawn to the fact that the university of mumbai does not permit a student from the post graduate faculty of law to improve upon the marks obtained in the ll.m. degree examination. learned counsel for theuniversity, after seeking instructions, informed the court that this ..... to the awarding of a professional degree. efforts have, therefore to be augmented to strengthen the resource base of educational institutions imparting training in law and it is only with the development of a competent set of teachers that legal education can impart meaningful training to potential lawyers. the principal ..... s level.3. in impugning the decision of the university not to grant approval to the appointment of the petitioner as a full time lecturer in law, the petitioner contends, firstly, that the university is estopped from withholding its approval since, during the years 1989-1999, the university had granted its ..... by a letter dated 14-2-2000, the principal of the 2nd respondent informed the petitioner that her appointment as a full time lecturer in law during the academic year 1999-2000 'has been disapproved by the university for deficiency of qualifications'. a copy of the letter dated 4-2- .....

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Mar 16 2000 (HC)

Ratan Bala Yadav (Smt.) Vs. Committee of Management, P.N. Girls Inter ...

Court : Allahabad

Decided on : Mar-16-2000

Reported in : (2000)2UPLBEC1315

..... strictly in accordance with the directions in the aforesaid order. therefore, it was obligatory upon the dios to have examined her appointment in the light of the law laid down in km. radha raizada (supra). the order of the dios is completely silent in this regard. in fact he did not at all ..... the parties. therefore, it was absolutely necessary for the dios to have examined the validity of the appointment of the petitioner in the light of the law laid down in the case of kumari radha raizada (supra), which he did not do. sri khare has also urged that subsequently it has been held ..... with due approval by the appropriate authority in respect of any period which entitled the petitioner to the benefit of confirmation by virtue of the provisions of law applicable and respondent no. 2 will decide the matter within a period of two months from the date of production of a certified copy of this ..... regularisation. in the case in hand, it is admitted that the appellant has not been working in the institution after 31.3.86. generally a law relating to regularisation of services is enacted for the benefit of those who have been appointed de hors the rules or on short term basis but have ..... act and removal of difficulty order, 1982. it is noteworthy that in committee of management, arya kanya pathshala, kanpur v. sri kumar tiwari, 1997 allahabad law report 208 (sc), the apex court while considering the same provision namely section 33-b of the act held that a teacher continuing on the basis of a .....

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Jul 25 2000 (HC)

Vijay Singh and anr. (In Jail) Vs. State of U.P.

Court : Allahabad

Decided on : Jul-25-2000

Reported in : 2000CriLJ4494

..... of the decision which is material and every thing said in the judgment does not constitute a precedent. there is no statement of principle of law applicable to the legal problems disclosed by the facts. by means of the above judgment directions given are not of a wider ambit and not intended ..... in a judgment of that court would be attracted by article 141. statements on matters other than law have no binding force. several decisions of the supreme court are on facts and that court itself has pointed out in gurucharan singh v. state ..... and decorum demand that being the highest judicial tribunal in the country even obiter dictum of the supreme court should be accepted as standing declaration of law by that court even if it be only by the way, has to be respected. but all that does not mean that every statement contained ..... facts and inferential. an inferential finding of facts is the inference which the judge draws from the direct or perceptible facts ;(ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and(iii) judgment based on the combined effect of (i) and (ii) above.for the purposes ..... on a question of sentence depending upon the facts and circumstances of a particular case, can never be regarded as a binding precedent, much less 'law declared' within the meaning of article 141 of the constitution so as to bind all courts within the territory of india. according to the well settled .....

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Sep 25 2000 (HC)

Dr. Jaswant C. Gandhi* Vs. State of Rajasthan and anr.

Court : Rajasthan

Decided on : Sep-25-2000

Reported in : 2001(1)WLC27; 2002(1)WLN119

..... , the universities outside the state of rajasthan will not be within the definition of university. a university here means any university established under the provisions of the state or central law recognised by the university grants commission. this is not only the dictionary meaning but the definition as given under the university grants commission act, 1962. thus the appellant dr. ..... rajasthan general clauses act, 1955 like sec. 6 of the central general clauses act clearly envisages the effect of repeal of any enactment. it unequivocally says that where any rajasthan law repeals any enactment hitherto made or hereafter to be made then, unless a different intention appears the repeal not affect any right, privilege, obligation or liability acquired, accrued or incurred ..... counted. it is clear from sec. 11 that the services as reader should be rendered in a university and admittedly, the punjab university too is a university established by law. the appellant in fact had drawn attention of the respondent authorities that the said authorities had taken the ad hoc services prior to regular selection into account, whereas he had ..... -cadre posts were provided by sec. 11 of the act of 1974. the relevant portion of sec. 11 is reproduced hereunder:-'11.(1) notwithstanding anything contained in the relevant law or in this act, state government may, in order to provide promotional opportunities to stagnant deserving teachers, create ex-cadre posts of professors or readers in each faculty of a .....

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Dec 15 2000 (HC)

Santosh Kumar Sardar Vs. Nil Ratan Sardar

Court : Kolkata

Decided on : Dec-15-2000

Reported in : (2001)1CALLT396(HC)

..... which is an authority for the proposition that findings based on surmise and conjecture, perverse fingings not based on legally acceptable evidence and which are patently contrary to law declared by supreme court can be interfered with in second appeal.29. mr. roy chowdhury then placed reliance on the case of rajappa hanamantha ranoji v. mahadev ..... an out and out sale of the property is whether the consideration appearing in the document appears to be too low. if the consideration is too law, it would indicate that the transaction could not have been one of sale. the other indication of a sale would be that the possession after the ..... be a mortgage by conditional sale if it contravenes the proviso to section 58(c) of the act, similarly it cannot amount to a mortgage in law if is hit by section 59. there is, however, no such statutory requirement in the matter of a loan and there the rule of substance prevails ..... shown to be in truth such as in the view of a court of equity ought to be treated as a mortgage transaction. the rule of law on this subject is one dictated by common sense that prima facie an absolute conveyance containing nothing to show that the relation of debtor and creditor ..... in urgent need of money for maintaining his family and other necessities he approached the defendant for loan. the defendant wanted to avoid the provisions of law regarding the money lending business and he wanted to lend and advance money to the plaintiff on the basis of an ostensible deed of sale in .....

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Apr 11 2000 (SC)

Sangeeta Vs. Suresh Kumar

Court : Supreme Court of India

Decided on : Apr-11-2000

Reported in : I(2001)DMC398SC; JT2000(8)SC521

..... the respondent-husband being h.m.a. no. 1093/98 in the court of district judge, delhi. the petitioner-wife filed a petition for maintenance under section 18 of the hindu adoption and maintenance act in the court of learned civil judge (senior division) at baroda along with an application for interim maintenance. the petitioner-wife also filed a criminal complaint .....

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May 05 2000 (SC)

Union of India (Uoi) and ors. Vs. Sharwan K. Rajgarhia and anr.

Court : Supreme Court of India

Decided on : May-05-2000

Reported in : JT2000(8)SC332; (2001)1MLJ32(SC)

orderb.n. kirpal, j.1. leave granted.2. deemed service has been effected without expressing any opinion on the merits of the case. we are of the opinion that the high court ought not to have stayed the operation of the finance act more so, when the order in question does not contain any reason as to why stay was being granted. normally operation of finance act is not stayed pending the hearing of a writ petition unless there are some compelling circumstances which have not been shown in the present case. we therefore, allow this appeal and set aside the order dated 7th april, 1999 of the high court which had stayed to the extent same had stayed the operation of provision of chapter v of the finance act, 1994 as amended by finance act no. 2 of 1998 in so far as it related to chartered accountants.

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Mar 16 2000 (SC)

A.P. Srtc and ors. Vs. V. Veeraiah

Court : Supreme Court of India

Decided on : Mar-16-2000

Reported in : [2000(86)FLR613]; JT2000(7)SC323; (2000)3UPLBEC2159

orders. rajendra babu, j.1. leave granted.2. heard learned counsel for the parties.3. the respondent is working as a conductor in the establishment of the appellants. he came to be transferred pursuant to an order made by the corporation on 18.7.80. in that order it is noted that the respondent was transferred on his request and his seniority would be reckoned in the manner stated therein. however, he questioned the action of the appellants in so far as it related to his seniority before the high court in a writ petition. the high court stated that the transfer had been effected on account of administrative exigencies and creation of a new division and, therefore, his seniority should not be affected to his disadvantage. the order made by the learned single judge was taken up in appeal which came to be dismissed. hence this appeal by special leave.4. learned counsel for the appellants drew our attention to the order made by the corporation on 18.7.80 which was pursuant to the application made by the respondent as annexure 'b' which clearly indicates that he had certain personal problems and, therefore, opted for a transfer. on those grounds, the order has been made by the corporation taking a sympathetic view of the matter. in the circumstances we do not think the high court is justified in holding that the transfer is on account of administrative exigencies or by creation of a new division. we are of the view that the order made by the learned single judge, as affirmed by .....

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