Court : Allahabad
Decided on : Jan-07-2000
Reported in : 2000(1)AWC663
..... complaint by a public servant. the crime is against public justice and poor agriculturists. this process will continue until the proceedings are determined to its logical conclusion as under the law. in addition, the circle of public justice will not be complete unless departmental and administrative proceedings are taken out against the erring officials by the state of u. p. ..... their deprived agricultural land. livelihood affects life, consequentially, this affects the dignity of the individual that in poverty he cannot defend his liberty and life. lastly, equal protection of the laws, the court regrets to record and it is accepted at the bar, is not available to these poor agriculturists.18. the chief judicial magistrate reported that he is virtually an ..... without resources or clout. the indian penal code, 1860, when it provides to deal with circumstances of false evidence and offence against public justice had intended to deal with a law abiding society generally. there is public justice to be delivered by the administration, also. the courts come later. but the circumstances acknowledged in the presentproceedings reveal that the official keepers ..... been deprived of their lands and land mafias are squatting on such illegally possessed land, can only be eliminated by the administration giving confidence that the long arm of the law is indeed very long and it means business.10. by this time, the cases had swelled up to 84. thus, on december 21, 1999, the court recorded that all .....Tag this Judgment!
Court : Allahabad
Decided on : May-24-2000
Reported in : 2000(3)AWC2248
..... stamped) has been admitted it is always open for the court or the concerned party to bring this fact before the concerned collector who may take appropriate action under the law including the stamp act to take care of the exchequer by impounding and realising deficient stamp duty, etc. 13. parties having admitted execution of the document and the matter having ..... to observe 'that high court was not correct in refusing to act upon the document which was not duly stamped in case said document were properly proved as required under law and their execution having been admitted by the defendant himself.' 8. learned counsel for the petitioner referred to the provisions of sections 62 and 61 of indian stamp act, and ..... equivalent to the stamp duty required on a rent-deed. no attempt ismade by the petitioner to show that stamp duty under law on the two types of document is same and as to whether it is permissible under law. 16. there is another aspect of the case. j.s.c.c. revision no. 26 of 1999, is still pending and objections .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-28-2000
Reported in : 2000(4)AWC3270
..... to christianity, validity and the factum of adoption pleaded by the appellant could not be proved in its true technical legal sense known to the hindu law. in other words, albeit, adoption in the family of the appellant was legallypermissible but as a matter of fact, the adoption pleaded by ..... evident that adoption in the family of the appellant, had been prevalent. i am disposed to the view that custom of adoption known to the hindu law by which the family was governed before its conversion to christianity, continued to be followed even after conversion. as a matter of fact, antiquity ..... . the vanniva tamil christians of chittur taluk, it was held would continue to be governed as a matter of custom by mitakshara school of hindu law. this decision, in my opinion, supports the view that rights inherent in man by birth are not lost on his conversion to another religion ..... in anthonyswamy (supra), it was the admitted case that vanniya tamil christians of chittur taluk, kerala, are governed by the mitakshara school of hindu law in regard to inheritance and succession and the son of a member of such community gets by birth interest in ancestral property owned by the father ..... to learned counsel. succession in the family of e.e. datt would be governed by the custom prevailing in the family, namely, the principles of hindu law on adoption whereunder, an adopted son inherits the property of his adoptive father. in support of his submission, learned counsel has placed reliance on anthonyswamy .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-04-2000
Reported in : (2000)3UPLBEC2336
..... petitioners and not making allotment of the plot in question in their favour. the action of the noida cannot be, by any stretch of imagination, held to be contrary to law. under the general terms and conditions extracted earlier noida had every right to reject the tender of the petitioners notwithstanding their bid being highest.19. the controversy almost identical to ..... prayer of the petitioners is that appropriate writ, order or direction directing the c.b.i, to conduct enquiry into the conduct of the respondents and their prosecution according to law be issued. the prayer for quashing condition no. 3(1) of general conditions has also been made.16. on record of the petitioner, there is a letter dated 1-1 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-06-2000
Reported in : 2000(4)MPHT452; 2000(3)MPLJ216
..... the drawer's bank or to the payee's bank as per provisions of section 138 of the negotiable instruments act and therefore the impugned order is not sustainable in law.4. having heard the learned counsel for both the sides, i am of the view that the contention raised by the learned counsel for the petitioner has considerable substance. the ..... . 10,00,000/-. when the cheque was sent to the bank, it was dishonoured as its payment was stopped by the drawer. the petitioner gave a notice as required by law and ultimately filed a criminal complaint against them which was registered as per order dated 6-7-1998 passed by the learned j.m.f.c., raipur in criminal case ..... the date on which it was drawn.6. in view of above, the petition is allowed. the impugned order passed by the learned special judge, raipur is not sustainable in law and therefore it is quashed, while the order dated 6-7-98 passed by the learned j.m.f.c., raipur is restored. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-23-2000
Reported in : (2000)126PLR65
..... abeyance. moment the death of harbans singh is presumed and inferred, his succession has to go to his legal heirs according to law and according to shares specified in the hindu succession act. in this manner, plaintiff no. 1 will only get l/3rd share in the property of harbans singh. rather ..... case. as i have already stated above that the plaintiffs are to establish that harbans singh had either died somewhere before the enforcement of the hindu succession act or after the death of gurbachan kaur. on both these scores they have failed.15. the second submission raised by the learned counsel ..... first argument of mr. sarin is hereby rejected and repelled that it should be inferred that harbans singh either died before the enforcement of the hindu succession act or after the death of gurbachan kaur. it was necessary on the part of the plaintiffs to establish by leading direct or circumstantial ..... counsel for the contesting respondents submitted that it will be inferred in the present case that harbans singh had died after coming into force of the hindu succession act and seven years prior to the date of filing the application by the parties before the revenue authorities on 10.3.1983. meaning, ..... land? opp 1-a. whether plaintiff has become owner by way of adverse possession? opp 1-b whether harbans singh died before coming into force the hindu succession act as alleged, if so, its effect? opp1-c. whether the plaintiff has taken contradictory pleas in that plaint, if so, to what effect .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-29-2000
Reported in : (2000)126PLR831
..... as the order of the trial court was not a decree. the plaintiff then preferred this second appeal. it was heard by a learned single judge, who found that the law was not certain because the authorities were not uniform or consistent on the question whether the court has power to extend time for depositing costs in spite of the order .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-31-2000
Reported in : I(2002)ACC666; 2002ACJ666
..... (chint kaur and another v. union of india and others), both of 1985 as both the appeals have arisen from the award dated 18.5.1985 and common questions of law and facts are involved. one claim petition has been filed on behalf of gurbachan kaur widow of santokh singh, deceased and the other has been filed by chint kaur, mother ..... disputed that the act of driving the vehicle in bringing back the officers from the place of exercise to the college of combat is not an act which cannot be lawfully exercised except by a sovereign or a person by virtue of delegation of sovereign rights. there is no dispute with the proposition of ..... law laid down in the d.b. decision. another authority cited was that of a decision of rajasthan high court, wherein a truck driver engaged in the famine relief work was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-12-2000
Reported in : 2001(2)ALT14(SC); JT2001(1)SC47; 2000(8)SCALE311; Supp5SCR572; (2001)1UPLBEC273
..... for the unqualified matriculate junior engineers. the aforesaid history in the formation of service of engineers under the electricity board should be borne in mind while deciding the question of law raised in these appeals.5. from the facts asserted and the contentions raised in these appeals, following questions really arise for our consideration:1. the feeder cadre of junior engineers .....Tag this Judgment!
Court : Delhi
Decided on : Dec-11-2000
Reported in : 2001IVAD(Delhi)922; 91(2001)DLT753
..... petitioner. he has further contended that there is no difference between a consultant and an advisor and the distinction drawn in this regard by the respondent was not sustainable in law. mr.poddar further contended that even otherwise a division bench of this court in c.s.mathur vs. central board of direct taxes & another has taken the view that the ..... /s. davy mckee on monthly remuneration. he was not authorised to take up job or assignment of any other company in the similar industry. he has further contended that the law laid down by the supreme court in cbdt vs . aditya v.birla : 170itr137(sc) inter-alia holding that there was no need of a relationship of employer and employee .....Tag this Judgment!