Court : Allahabad
Decided on : May-25-2000
Reported in : 2000(3)AWC2182; (2000)3UPLBEC2494
..... order dated 9th march, 1994, was passed ; relevant extract is reproduced below :'.....meanwhile respondentsare directed to pay salary to the petitioner with effect from 2.7.1993. in accordance with law or show cause.....'parties exchanged counter and rejoinder-affidavits.5. this writ petition has been finally disposed of by the learned single judge vide judgment and order dated 16th april ..... (supra) and held that the appointments in question on ad hoc vacancies could not be faulted if advertisement was not made in two newspapers since the then existing requirement of law to notify the vacancy on the notice board was duly fulfilled.9. the judgment of the learned single judge cannot be faulted on any ground and the learned counsel for ..... disclosed by the district inspector of schools in the impugned order, the learned single judge observed that the objection raised by the district inspector of schools was not sustatnable in law. it is held that under removal of difficulties orders, 1981, and second removal of difficulties order power was conferred on management of a recognised college under ..... law with the object that educational institutions do not suffer irreparably by resorting to the procedure prescribed for regular selection, teaching in the college will be completely paralyzed. in the result, .....Tag this Judgment!
Court : Orissa
Decided on : Aug-23-2000
Reported in : 91(2001)CLT75
..... (3) crimes 671 as well as upon the judgment of a learned single judge of karnataka high court in the case of a. v. dharma singh and others v. state of karnataka, reported in 1993 criminal law journal page 98. contrary view has been taken by this court in the case of rajendra panda and another v. state of orissa, reported in ..... that defendant may have ten peremptory challenges if offence charged is 'punishable' with death or by life imprisonment ; means deserving of or liable to punishment; capable of being punished by law or right, may be punished, or liable to be punished, and not must be punished,'37. thus, the word 'punishable' means 'capable of being punished or liable to be punished ..... judicial process may come under cloud if the court is seen to condone acts of lawlessness conducted by the investigating agency during search- operations and may also undermine respect for law and may have the effect of unconscionably compromising the administration of justice. that cannot be permitted. an accused is entitled to a fair trial. a conviction resulting from an unfair ..... and regulation of operations relating to narcotic drugs and psychotropic substances and other matters as evident from the preamble, which runs as follows :'an act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drug and phychotropic substances, (to provide for the forfeiture of property derived .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-24-2000
Reported in : JT2000(7)SC66; 2000(4)SCALE249; (2000)5SCC250
..... the services of the respondents could not be put an end to except by means of departmental disciplinary proceedings, after following the mandatory requirements of law. therefore, the high court cannot be faulted for interfering with the orders of termination of the services of the respondents.15. for all the reasons ..... wasim beg's case (supra) also purported to classify these type of cases into three categories, on a review of the entire gamut of law. it was observed therein as follows:15. whether an employee at the end of the probationary period automatically gets confirmation in the post or whether ..... of cases.10. this court had an occasion, to review, analyse critically and clarify the principles on an exhaustive consideration of the entire case law in two recent decisions reported in dayaram dayal's case (supra) and wasim beg's case (supra). one line of cases has held that ..... promotion to a temporary post in any service the person concerned shall be continued on an officiating basis in the temporary post.9. the law on the subject has been varying, depending upon the peculiar pattern of the service rules/regulations concerned and the scheme underlying the same inspite ..... anr. : air1997sc3269 and wasim beg v. state of u.p. and ors. : (1998)illj1209sc , besides inviting our attention to some of the case law referred to therein. the impugned orders of termination of services of the respondents, though claimed to be orders terminating the probation and consequently their services are in .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Aug-09-2000
Reported in : (2000)(72)ECC848
..... chapter notes of hsn 84.24. therefore, we find great merit in the representations of the appellants and accordingly we allow their appeals with consequential relief, if any, as per law.10. ld. chartered accountant submits that as far as the second item namely air receiver is concerned, the appellants do not wish to press the issue before us and they ..... approved classification list for the product under 84.24 and the revenue has by this order impugned attempted to reopen the earlier approved classification list retrospectively, therefore the case of law of the hon'ble apex court rendered in cce v. cotspun ltd. as in 1999 (113) e.l.t. 353 (sc) shall also be applicable as far as the limitation .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Jodhpur
Decided on : Jun-27-2000
..... discharging the contractual duties during the term of contracts.12. the applicants alleged that these work orders are nothing but unfair labour practice and amount to circumventing the provisions of law relating to employment, on the other hand, it is contended by the respondents that regular appointments can be made only on the basis of availability of regular posts. casual labourers ..... their reply raising preliminary objections and replying on the factual aspects of the each case. relating to the claim of the applicants, defence being common in both the cases on law points and on factual aspects, therefore, general reply of the respondents is described below.8. it is stated by the respondents that the applicants were given work orders and there .....Tag this Judgment!
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 : US Supreme Court
Decided on : Jun-26-2000
..... ing] away facts necessary to constitute a criminal offense"). the majority's cure, however, is not aimed at the disease. the same "transformational" problem exists under traditional sentencing law, where legislation, silent as to sentencing factors, grants the judge virtually unchecked discretion to sentence within a broad range. under such a system, judges or prosecutors can similarly ..... commissioner robinson's dissent 3, n. 3 (may 1, 1987). again, the method reflects practical, rather than theoretical, considerations. prior to the sentencing guidelines, federal law left the individual sentencing judge free to determine which factors were relevant. that freedom meant that each judge, in an effort to tailor punishment to the individual offense and ..... the harsh and uniform sentences formerly imposed under mandatorysentencing systems, some studies revealed that indeterminate sentencing actually had the opposite effect. see, e. g., a. campbell, law of sentencing 13 (1978) ("paradoxically the humanitarian impulse sparking the adoption of indeterminate sentencing systems in this country has resulted in 550 an actual increase of the average ..... in [the statute] and that there are no mitigating circumstances sufficiently substantial to call for leniency.''' id., at 644 (quoting 13-703(e)). thus, under arizona law, a defendant convicted of first-degree murder can be sentenced to death only if the judge finds the existence of a statutory aggravating factor. walton challenged the arizona .....Tag this Judgment!
Court : Patna
Decided on : Jan-06-2000
..... act and they have admittedly filed applications for review under section 150 of the act which are pending. in such a situation, the irregularity on account of admitted deviation from law provided by sub-section (1) of section 149 of the act will not render the notice of assessment already published by the municipality a nullity and by filing their applications ..... notice without infringing any public right or public policy. therefore, on applying the aforesaid test to the facts in this case it can be safely held that the deviation from law provided by section 149 of the act is only an irregularity and not nullity because a party can waive its objection to such a deviation and can proceed to avail ..... and thereafter came to a conclusion that even in the case of violation of a mandatory provision proper tests have to be applied to find out whether the deviation from law has taken away, the authority for the proceedings rendering it a nullity or whether the deviation is merely an irregularity. the relevant part of the judgment prescribing the test for ..... non-compliance would render the entire notice of assessment so far published by the corporation pursuant to redetermination of valuation and assessment on the basis of 1993, rules bad in law. on the other hand, on behalf of the respondent corporation, it was submitted that this writ application has been filed by the petitioners of a family in their individual capacity .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-17-2000
Reported in : [2000(84)FLR912]; (2000)1UPLBEC661
..... or entry not being correctly recorded in service record. the concerned authority shall decide the said representation within three months by giving opportunity to the petitioner in accordance with law and shall a reasoned order which shall be communicated within two weeks of its being passed by registered post acknowledgment due apart from any other mode to the petitioner.23 ..... 56 fed under provison.20. consequently, it will be appropriate that petitioner be directed to file a representation before the concerned authority for deciding the question in accordance with law, to determine the question as to when petitioner was recruited and thereafter the applicability of rule 56 as a whole at relevant time.21. learned counsels for the parties ..... in hand apparently will require perusal of original record and relevant materials, parties may like to adduce evidence before the question--which involves both mixed questions of fact and law, have to be adjudicated in the back ground of the circumstances in which the authority passed impugned order and whether the case of the petitioner is governed by amended ..... encyclopaedia edition particular--page 834 recruit--'to enlist men for (an army) --newly enlisted member of the armed force.--a member or supporter of a society, cause, etc.' mukherjees the law lexicon--(vol. ii) second edition, 1977--page 406recruitment --the dictionary meaning of the word 'recruit'.--fresh supply of number of persons either as additional or to make up for deceased .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-04-2000
Reported in : (2000)160CTR(SC)401
..... because the time during which this had to be done has since expired. since the appropriate authority failed to exercise the jurisdiction vested in it by law, and because we are proposing to set aside the order dated 24-6-1994, no purpose would be served by sending the matter back to the ..... of the act. then the high court went on to hold as under: -'after having, thus, found that the appropriate authority acted in violation of law and beyond the jurisdiction vested in it, we have no hesitation in holding that it has lost the right to adjudicate upon the issue of the genuineness ..... set aside the orders of the appropriate authority. it directed that the appropriate authority shall take decisions afresh in each of the cases in accordance with law and consistently with the principles stated in the judgment which may be done within a period of three months. since we have not agreed with ..... least four months before the intended date of transfer. this is so notwithstanding anything contained in the transfer of property act, 1882 or in any other law. this agreement for transfer is now required to be reduced in writing in the form of a statement by both the parties. the statement is ..... judgment allowed the petitions, set aside the orders of the appropriate authority and requiring it to take fresh decision in each of the cases in accordance with law and keeping in view the principles laid by the high court in its judgment. aggrieved appropriate authority has filed 11 appeals. m/s. dlf universal ltd .....Tag this Judgment!