Court : Patna
..... land reforms act stepped into the shoes of the landlords for the purpose of realizing rent from the raiyats, its constitutional obligations under articles 38, 39 and 41 enshrined under part iv of the constitution of india as directive principles of state policy, warrant ensuring better rights to raiyats including all permissible use of their lands which may give them ..... any occupation or vocation of their choice to which all citizens have a fundamental right under article 19(1)(g) of the constitution. the impugned provisions do not exhibit ..... good. fundamental rights and directive principles have to be balanced. that balance can be tilted in favour of the public good. the balance, however, cannot be overturned by completely overriding individual liberty. thus balance is an essential feature of the constitution.92. it is always open for the constitutional court under article 226 of the constitution to limit the relief ..... i deemed it expedient to highlight the additional statutory profile of the tenancy act and some of the principles relating to law of land, as well as, english law of landlords and tenants along with relevant provisions incorporated in the constitution of india, in foregoing discussions.85. when the delegated legislations are under challenge, the tests of arbitrary action .....Tag this Judgment!
Court : Mumbai
Reported in : (1992)IILLJ657Bom; 1991(1)MhLj1359
..... of the constitution of india, has very clearly stated that the rule will strictly apply in all such proceedings.17. it would be useful to reproduce the observations made in some of the judgments by the supreme court in relation to the spirit of the directive principles of state policy as embodied in the constitution :'hedge and mukherjee, jj. the fundamental rights and the directive principles constitute the ..... 'conscience' of our constitution ..... the one which prevails in the indian economy where the value of one's job is almost synonymous with one's existence. apart from the tenets of the directive principles embodied in the constitution of india, government and all public authorities are over-conscious of the fact that in spite of the best efforts that there exists large-scale unemployment and under these circumstances .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(3)ALLMR135; 2002(4)BomCR772; [2001(91)FLR307]; (2001)IILLJ1504Bom; 2001(3)MhLj673
..... . we have already noted that in the indian laws more stringent provisions aremade to deal with narcotic drug offenders. we have also referred to article 47 of the constitution of india which contains a directive principle of state policy which makes prohibition of consumption of drugs as one of the state's objectives. therefore we have no manner of doubt that the offence in ..... the accused is not guilty and that he is not likely to commit any offence while on bail.24. we may also refer to chapter iv of the constitution of india which contains the directive principles of state policy. article 47 of chapter iv reads thus :'47. duty of the state to raise the level of nutrition and the standard of living and to ..... and sentenced to conditional discharge of two years on 16th may, 1974. the charge-sheet further went onto say that possession of the contraband drug i.e. hashish constituted misconduct under the air india employees service regulations. the petitioner was, therefore, charge with the following:-(i) commission of act subversive of discipline and of good behaviour. (ii) conducting himself in a matter ..... jurisdiction and, therefore, this court is not bound by it and the said conviction is not conviction by a criminal court in india. it is true that generally, an indian court will not lend its aid to enforcement either directly or indirectly of a foreign criminal law. the imposition of a conviction or penalty normally reflects the exercise by a state of .....Tag this Judgment!
Court : Mumbai
Reported in : (1958)60BOMLR1256
..... its ambit merely because there would be incidental instruction resulting therefrom.20. it is urged that article 51 of the constitution of india lays down the directive principles of state policy and that the expression 'state' having regard to articles 12 and 36 of the constitution would include a local authority like the bombay municipal corporation. article 51 provides that the state shall endeavour to ..... purpose to articles 36 and 12 of the constitution. it is argued on behalf of the respondents relying on these articles that the resolution passed by the municipality was a valid one and was within the competence of the commissioners to pass it. it may be noted that article 48 is one of the directive principles of state policy. these are only fundamental ..... between nations; (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and (d) encourage settlement of international disputes by arbitration. the directive principles laid down in article 51 do not in any way enlarge the ambit of the powers and functions of a statutory corporation. the ..... had no right to discuss or pass that resolution. he asked for the issue of a writ of mandamus or prohibition or any other appropriate writ, direction or order under article 226 of the constitution of india against the respondents for restraining the corporation from discussing or endorsing the said resolution.3. the principal contention urged in this case by the learned advocate .....Tag this Judgment!
Court : Karnataka
Reported in : 1999(3)KarLJ16
..... , i.e., 1-4-1988; that denying the benefit of pensionary benefit scheme to the persons like the petitioner who have retired prior to 1-4-1988 contravenes the directive principles of the constitution of india, etc. this claim of the petitioner was resisted by the appellant. the learned single judge on considering the rival claims, relying upon the decision of the hon'ble ..... provident fund scheme to switch over to the pensionary benefit scheme with a specific cut-off date would be violative of article 14 of the constitution of india. the hon'ble supreme court considering the earlier pronouncements held as follows:'in nakara's case, supra, it was never held that both the pension retirees and the p ..... earlier to the government notification and those who retired after the notification, as the two classes of pensioners form one homogeneous class. but, these principles laid down by the apex court were later again considered by the constitution bench of the hon'ble supreme court in krishena kumar's case, supra, including the case of d.s. nakara and others v union ..... of india and marwaha's case, supra. in krishena kumar's case, supra, the question was whether the option given to railway employees covered by the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1997KAR221
..... principles enunciated by the hon'ble supreme court in the decisions referred to above. the hon ..... the constitution of india. the view i have taken is fully supported by the ..... by sri narasimha murthy, that there is a constitutional obligation on the part of the state to provide buildings and other facilities to the advocates' association. this constitutional obligation of the state as pointed out by me earlier can be read into the constitutional right guaranteed under article 21 of the constitution of india and also the directive principles of state policy provided under article 39a of .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2007KAR602; 2007(3)KLJ401; 2007(2)KCCR845; 2007(1)AIRKarR666
..... by the life insurance corporation is arbitrary and accordingly, contended that the very forfeiture clause is in violation of article 14, 21 of the constitution of india and opposed to the directive principles of state policy as envisaged under the constitution.9. the learned counsel appearing for the respondents has submitted that when the petitioners are seeking for renewal of their policies which were lapsed ..... the amount of premium received to the policy holders.15. articles 21, 38 and 39 of the constitution of india envisages that no person shall be deprived of his life or personal liberty except in accordance with procedure established by law and further the directive principles of the state policy specifically provides that the state shall strive to promote welfare of the people by ..... of the economic system does not result in the concentration of wealth and means of production to the common detriment. a reading article 21 and the directive principles under article 38 and 39 of the constitution makes it clear the condition imposed by the insurance company while assuring the life of the policy holders to forfeit the amount if the amount/premium is .....Tag this Judgment!
Court : Allahabad
Reported in : 1998(1)AWC1b; (1998)1UPLBEC114
..... the common good, these principles cannot be forgotten when dealing with nazul estates. these were properties which were confiscated, whatever be the ..... clear in its concept, though at times those in-charge of administration are loath to forget the principle of socialism in the all pervading and approaching liberalisation of the economy. as long as the concept of socialism remains in the constitution of india and the directive principles of state policy affirmatively guide that the production and distribution must be so organised that it is for ..... . the court reminds the state government that the constitution stood amended in 1977 and in the preamble was added the phrase 'sovereign, socialist. secular, democratic republic.' the rest of the preamble remains. in this regard, in reference to justice, the preamble reads : 'justice, social, economic and political;'69. in this context, article 39 of directive principles of state policy refers to the state .....Tag this Judgment!
Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
..... the company. respondent company being an instrumentality of 'state' within the meaning of article 12 of the constitution, was bound to act like an ideal employer and in consonance with the principle of equality enshrined in articles 14 and 16 of the constitution of india as well the directive principles of state policy.10. in re question no. (iv) : i.e., whether the impugned notices are ..... violative of articles 14, 16 and 21 of the constitution on the ground that the termination of services of the ..... of 'we, the people of india' in general and the little man' in particular and being one of the corner stones of our constitution, every action of the state and its instrumentality having a reasonable bearing on socio-economic justice must be reasonable and fair and must also be guided by the preamble of the constitution and the directive principles of state policy. section 25n .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(4)AWC3616
..... 4a(2) of the mines and minerals (development and regulation) act, 1957 are facets of the reasonable restrictions contemplated in clause (6) of article 19 of the constitution of india as also the directive principles pertaining to the preservation of environment.13. the term in the lease deed regarding prior permission of the district magistrate before use of machines strikes a balance between ..... in regulating the right of the lessees to carry on mining activity with the use of machines. special reference was made by the standing counsel to the directive principles of state policy including article 38 of the constitution of india which provides that the state shall strive to secure a social order for the welfare of its people; article 39(a) of the ..... a facet of the fundamental right given in article 19(1)(g) of the constitution of india while rule 41 of the u.p. minor minerals (concession) ..... any trade etc.12. in minerva mills ltd. and ors. v. union of india and ors. : 1scr206 , the supreme court has emphasised that a balance be struck between the fundamental rights given in part -iii of the constitution of india and the directive principles contained in part-iv of the constitution of india. rule 40 of the u.p. minor minerals (concession) rules, 1963 is .....Tag this Judgment!